tag:blogger.com,1999:blog-1522121129844880066.post5402615638329775597..comments2023-10-24T11:23:31.580-04:00Comments on Le·gal In·sur·rec·tion: Phony David Koch Call Wasn't Just A Prank, It May Have Been Identity TheftWilliam A. Jacobsonhttp://www.blogger.com/profile/16433685588536441422noreply@blogger.comBlogger15125tag:blogger.com,1999:blog-1522121129844880066.post-71682284387925201642011-02-28T14:47:39.183-05:002011-02-28T14:47:39.183-05:00Yes, rusty, the billionaire, David Koch, needs you...Yes, rusty, the billionaire, David Koch, needs your trailer rent money to sue Ian Murphy for an alleged statutory violation....wow, you understand the law less than you do politics. Silly, rusty, still eaten up with anger and resentment and no outlet save unemployed English professors and revanchist neo-Confederates.<br /><br />As for the Professor's claim, apparently he needs a refresher course on statutory interpretation. Conjunctions and verbs are sort of a giveaway (unless he forgot?). To wit: "Whoever... intentionally uses, attempts to use, or <b>possesses</b> with intent to use any personal identifying information <b>or</b> personal identification document of an individual..."<br /><br />The point of this sentence is clearly to make identity theft illegal, hence the use of "or", not just a phone call where you use someone else's name. Further, how was David Koch's reputation harmed in this phone call. Scott Walkers reputation as a tool of rich and powerful plutocrats was validated, but all Murphy showed about Koch was that Tea partiers will genuflect around anyone claiming his name.<br /><br />0 for 2, William. Nice try, thoughtimbhttps://www.blogger.com/profile/11840503196010960235noreply@blogger.comtag:blogger.com,1999:blog-1522121129844880066.post-46087276856200771222011-02-28T10:17:40.240-05:002011-02-28T10:17:40.240-05:00IANAL. Murphy would have had to release the taped ...IANAL. Murphy would have had to release the taped conversation to the public while still purporting to be Koch to be in violation of this statute. As is, I don't see how this is actionable.Hugh Dudgeonhttps://www.blogger.com/profile/13784668332204600834noreply@blogger.comtag:blogger.com,1999:blog-1522121129844880066.post-40286529369028169032011-02-27T23:07:23.676-05:002011-02-27T23:07:23.676-05:00I if were Koch or advising him, I believe I would ...I if were Koch or advising him, I believe I would let the matter drop. There would be little benefit in pursuing either criminal or civil complaints - other than making Murphy a hero and martyr to the left, enabling him to raise hefty "defense funds" and gain greater notoriety, whereas the talk of the possibility might make him more circumspect for a while.<br /><br />Vengeance is seldom a good reason for legal action. For Murphy, just being his despicable self will eventually be punishment enough.<br /><br />I think the offense is much more serious than Wisco's prank @26 Feb 11:52 am, but there is just no benefit to be gained from prosecution beyond schadenfreude.Adjoranhttps://www.blogger.com/profile/04809616183507487000noreply@blogger.comtag:blogger.com,1999:blog-1522121129844880066.post-74720130158078928112011-02-26T18:04:37.936-05:002011-02-26T18:04:37.936-05:00It might not be up to Scott Walker or the state of...It might not be up to Scott Walker or the state of Wisconsin to pursue this matter. Koch is certainly in a position to at least 'slap' sue that dirty bastiche Ian Murphy. I'd be willing to contribute to the legal costs, if such a need were present.Serr8dhttps://www.blogger.com/profile/08083811545504469815noreply@blogger.comtag:blogger.com,1999:blog-1522121129844880066.post-76162263834989811952011-02-26T13:58:48.827-05:002011-02-26T13:58:48.827-05:001. I'm with commenter Wisco.
2. It is dangero...1. I'm with commenter Wisco.<br /><br />2. It is dangerous to allow law enforcement, even its investigative aspects, to become a political instrument; it is even more dangerous to allow law enforcement to become a self-interested political actor. Neither the Koch impersonation nor Walker's comments, taken as isolated incidents, warrant official follow-up.<br /><br />3. Scott Walker is not an impartial saint. Consider his exempting police and firefighters from his collective-bargaining proposal. Consider his intention to sell state utilities via a no-bid process.<br /><br />Nevertheless he is doing more good than harm and I support his efforts against the government unions.gshttps://www.blogger.com/profile/17953008291916883288noreply@blogger.comtag:blogger.com,1999:blog-1522121129844880066.post-20646374761305067872011-02-26T11:52:14.525-05:002011-02-26T11:52:14.525-05:00I once called in sick for a kid at my high school,...I once called in sick for a kid at my high school, pretending to be the kid's father.<br /><br />Clearly, I deserve to spend a couple of years in prison over that, right?Wiscohttps://www.blogger.com/profile/12013881728915462943noreply@blogger.comtag:blogger.com,1999:blog-1522121129844880066.post-77856739982739710162011-02-26T08:42:28.395-05:002011-02-26T08:42:28.395-05:00TV & Radio stations had to be careful about br...TV & Radio stations had to be careful about broadcasting the sound clip because of FCC rules:<br /><br /><a href="http://www.jsonline.com/entertainment/tvradio/116884978.html" rel="nofollow">Prank call a hot topic - but you couldn't hear it on TV, radio</a> <br /><br />From the article<br />"....after snippets of the call appeared on local newscasts, it disappeared from local airwaves. Why?<br /><br />Because the FCC forbids airing phone conversations without the permission of the parties on both ends of the call and imposes fines on stations that air them."alan markushttps://www.blogger.com/profile/04376679777650939602noreply@blogger.comtag:blogger.com,1999:blog-1522121129844880066.post-29540863946015918152011-02-25T21:26:01.670-05:002011-02-25T21:26:01.670-05:00This is O/T but I thought it might be of interest ...This is O/T but I thought it might be of interest to you.<br /><br />A pro-abortion blogger, Theodore Shulman, has been taken into custody by the FBI for making terrorist threats against many prominent pro-lifers.<br /><br />Jill Stanek was one of the target, and she wrote about the details on her site (www.jillstanek.com)Laurenhttps://www.blogger.com/profile/01843432914495082020noreply@blogger.comtag:blogger.com,1999:blog-1522121129844880066.post-52749938583703469012011-02-25T20:08:33.695-05:002011-02-25T20:08:33.695-05:00I'm guessing Koch has a few more dollars, and ...I'm guessing Koch has a few more dollars, and a few better lawyers than the moron making the call.<br /><br />Should be fun to watch how this develops.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1522121129844880066.post-35965867015753082972011-02-25T20:07:27.904-05:002011-02-25T20:07:27.904-05:00Who would have to bring charges? Gov. Walker or K...Who would have to bring charges? Gov. Walker or Koch? Or can the police dept. bring charges, since it was against the state government?<br /><br />Whoever - I hope they do! These Leftist losers need to learn some lessons.DINORightMariehttps://www.blogger.com/profile/01067345219054999889noreply@blogger.comtag:blogger.com,1999:blog-1522121129844880066.post-75707786629943159152011-02-25T19:25:16.191-05:002011-02-25T19:25:16.191-05:00And assuming anothers (Koch) identity may just be ...And assuming anothers (Koch) identity may just be against the law. <br />If one records a conversation as ones own self, well OK, if one is posing as a different person, isn't it a different ballgame?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1522121129844880066.post-25499769068387608472011-02-25T19:13:26.348-05:002011-02-25T19:13:26.348-05:00But it sounds like it WAS used to commit a crime. ...But it sounds like it WAS used to commit a crime. That of identity theft.Beer, Bicycles and the VRWChttps://www.blogger.com/profile/08976779901265528597noreply@blogger.comtag:blogger.com,1999:blog-1522121129844880066.post-84714452299879347502011-02-25T19:10:30.699-05:002011-02-25T19:10:30.699-05:00...as long as not done to commit a crime.
Accordi...<i>...as long as not done to commit a crime.</i><br /><br />According to Wisconsin law (and as per the point of this post), in this case it (recording the phone call) seems to have been done during the commission of a felony.Khttps://www.blogger.com/profile/05969165050852281666noreply@blogger.comtag:blogger.com,1999:blog-1522121129844880066.post-11436789907009012812011-02-25T19:03:49.654-05:002011-02-25T19:03:49.654-05:00@myveryown - Wisconsin is a single consent state s...@myveryown - Wisconsin is a single consent state so you can record your own phone calls, as long as not done to commit a crime. http://www.rcfp.org/taping/states/wisconsin.htmlWilliam A. Jacobsonhttps://www.blogger.com/profile/16433685588536441422noreply@blogger.comtag:blogger.com,1999:blog-1522121129844880066.post-68983925974296688822011-02-25T19:01:53.349-05:002011-02-25T19:01:53.349-05:00What are the laws in Wisconsin regarding the relea...What are the laws in Wisconsin regarding the release of recorded phone calls? Most states are pretty strict on these things. <br />Not only did that jerk lie and "assume" anothers identity, but did he advise Gov. Walker that he was recording the call?Anonymousnoreply@blogger.com