Before Alaska Gov. Sarah Palin walks out of the governor's office, a Knoxville defense attorney wants to walk in - subpoena in hand.
Attorney Wade Davies is seeking on behalf of University of Tennessee student David C. Kernell a host of records and information from Palin and her administration in his bid to defend the 21-year-old son of a longtime Memphis Democratic politico on charges that he improperly accessed the 2008 GOP vice presidential nominee's private e-mail account during last year's campaign.
This turn of events is particularly ironic considering how Palin Twitter-gloated about this case just last month:
TN proceedings begin tomorrow re: democrat lawmaker's son's hacking my & my family's personal, private email then broadcasting them on net.
3:17 PM Jun 29th from TwitterBerry
Is it ok to hack emails? Go thru someone's mail & broadcast what you stole? Nope, not ok to most Americans.TN proceedings tomorrow to decide
3:21 PM Jun 29th from TwitterBerry
So just what kind of records are the Tennessee boy's defense team looking for?
Any that show whether Palin paid attention to privacy policies set by Yahoo for her personal e-mail account.
Any that reveal who Palin may have allowed access to the account, through which she funneled government-related information.
Any that show who in her administration could use private e-mail accounts for official business. (Oh yeah!)
All open records requests about use of those private accounts filed during Palin's tenure as governor and their outcomes. (Oh boy, oh boy, oh boy!)
Any "voluntary disclosure of e-mail addresses of family members, pictures of Gov. Palin's family, cell phone numbers of family members, dates of birth of Gov. Palin and members of her family and/or the address book for the Yahoo! e-mail account" at issue in the case. (Holy crap, please let this subpoena go through!)
Gee I wonder how many thousands of dollars the Palin administration will try to charge Tennessee for THIS extra workload?
I can hardly wait to see what new and amazing things this subpoena might reveal. Secret meetings, IRS information, baby birth dates, etc., etc., etc..
Whoo Hoo! Oopsie Sarah. The government filed the case right? She can't have it dropped.
ReplyDeletePalin's Administration will likely IGNORE the subpoenas. I see no way they will release the records. First they will stall, then they will charge hundreds of thousands of dollars to obtain them. IF they are ever released, tons of info will be redacted in black pen. Just my opinion. But I WILL hope and pray it happens; It would be a gold mine!
ReplyDeleteSarah Palin twitters regarding the above trial:
ReplyDeletehttp://twitter.com/AKGovSarahPalin/status/2394368104
http://twitter.com/AKGovSarahPalin/status/2394432131
Being a legalsubpoena, I am not sure the state has the right to charge ANY cost for supplying the material.
ReplyDeleteI do NOT know this for a fact,AND it MAY be that if the state cannot charge for the cost, then the state could argue they cannot afford the large cost to them to supply the material BUT I don't think a judge would swallow that.
Certainly IF SOA argues they cannot afford the expense, they would have to supply the court with a detailed accounting of the costs.
Palin MAY try to plead "confidentality" and/or that much of the info is of a personal nature, and/or is not relevant, BUT WOULD ALL BE FOR A JUDGE TO DECIDE AND VAN FLEIN WILL EITHER HAVE TO 1) do as Palin commands in spite of what a good attorney would know better than to do or 2) tell Palin the law demands he supply the info or 3) bring in another attorney for advice.
Van Felin is HER attorney so not sure he would have much input. The new AG is who would represent the SOA and I think this guy, no matter who he supports, knows the law. Not sure he would risk his own reputation for Palin since she is departing.
ALSO, this could drag out beyone Palin's resignation date and Parnell will have to get involved. I dont trust him anymore than Palin but despite whether he is willing to act in a logical manner, I do think he understands logic, unlike Palin whose narcissism dims any real sense of reality for her.
Either way, no matter how this plays out, it will stress the holy f***ing S**t out of Palin.
Also, you cannot just ignore this subpoena. It will have to be dealt with in some manner and being from outside Alaska, Palin's influence will be greatly diminished. GREATLY diminished.
Oh Shoot!! You mentioned the twitters already. Sorry!
ReplyDeleteHELLO PEOPLE ! THIS IS A CRIMINAL CASE AGAINST A YOUNG MAN IN TENNESSEE FOR HACKING INTO HER YAHOO ACCOUNT !
ReplyDeleteThe kid is being charged by the prosecution of the state of Tennessee in a CRIMINAL TRIAL.
It is, however, the DEFENSE ATTORNEY FOR THE KID WHO IS CHARGED WITH A CRIME that is issuing a subpoena to the State of Alaska for this information. The Tennessee judge is who may tell the defense attorney the subpoena is not ok, but he would have to state why.
IF the Tennessee judge ok's the subpoena then the State of Alaska MUST COMPLY. THEY CANNOT IGNORE THE SUBPOENA, HELLO ! WHAT TALIS COLBERG DID HERE WAS ILLEGAL ! ! ! !
How the SOA responds will be up to the integrity of the new Atty General and how far he feels he can push his luck and/or the law and IF he even takes that route. He MAY do what is right and simply turn over the information.
Stalling is always part of litigation. It is a given. IF the subpoena is approved and IF the SOA turns over the info, they will have to either give the full NOT REDACTED INFO, or convince THE TENNESSEE JUDGE why what they redacted deserves to be redacted.
I do NOT have any idea how "intra-state" laws apply but PALIN AND THE SOA cannot easily ignore this action.
Worse case scenario: the Tennessee judge has a problem with the subpoena and it's demands.
I have NO idea how the Tennessee judge will rule BUT WHAT THE DEFENSE ATTORNEY IS TRYING TO DO HERE IS SHOW THAT PALIN HAS NO CONFIDENTIALITY, EITHER ON A STATE OR PERSONAL LEVEL WITH HER USING A YAHOO ACCOUNT INSTEAD OF SOA ACCOUNTS.
I also do NOT know what YAHOO Privacy Policy is and how that would play into the personal issues vs. the SOA issues. Remember, Palin has personal info as well as SOA info involved in her Yahoo account.
Also, how the SOA treated the request under FOI will help or hinder the defense of this young man. IF the SOA gives out the info under FOI requests, THEN IS SHOW EVEN THE SOA DOES NOT CONSIDER THE INFO "CONFIDENTIAL STATE BUSINESS."
The SOA cannot have it both ways and neither can the Tennessee prosecutor. You cannot say the kid hacked into confidential info IF THE INFO WAS ON A NON-CONFIDENTIAL SITE I.E. NOT STATE OF ALASKA SITE LIKE IT SHOULD HAVE BEEN.
Because this info would have such a great impact on the defense of this young man, I think the Tennessee judge will allow the subpoena to go forward.
At that point, the subpoena is from the court and to not respond to it WOULD BE CONTEMPT OF COURT! DESPITE WHAT TALIS COLBERG TRIED TO PULL HER IN ALASKA.
What is delicious about this turn of events - however unlikely that the defense's subpoena will be approved in full - is that the whole process is well outside Sarah's sphere of influence :)
ReplyDeleteOh what a shame that Buttercup's summer vacation may be slightly delayed. Boy, would I like to be a fly on the wall tonight around the Palin dining room table. Karma, Baby, Karma.
ReplyDeleteThis might be a little off topic but didn't Sherry Johnson have her computer hacked? What happened to her e-mails? Why doesn't someone talk about that? What happened to the contents of her hd? I can't believe no one cares about that. Most of all Mrs. Johnson. Isn't she going to hold anyone accountable? Is she still a McCain/Palin supporter?
ReplyDeleteLooks like the judge in the case wants the defense to narrow their request. I hope they keep in the part about birthdays, etc! And I don't know how Palin could claim confidentiality esp. re: state business, since the info is on Yahoo.com for cryin' out loud.
ReplyDeleteAs for personal confidentiality, the defense is trying to show that the information his client used to access her account was not confidential. Others knew it, anyone could find it on the Internet...
One good thing in the comments after the article (a lot were pro-Palin) was that no one has ever been jailed for "hacking" into a public e-mail account. Everyone should know, anyway, that e-mails are NOT secure, no matter if they are on state servers or federal servers or commercial servers. You don't write anything in an e-mail (one would hope) that would bite you were it revealed somewhere.
Wasn't the big fuss about the hacked email account to show that although Palin said it was personal, she was sending and receiving government records privately which should have been subject to the open records act?? So what is the punishment any, make her leave office?
ReplyDeleteBesides, she'll just instruct whatever acting attorney general to ignore the subpoenas, like the last time around. There doesn't seem to be any mechanism for punishing people in Alaska. Can't you just set her adrift on a chunk of ice that's breaking off due to Global Warming? Maybe other readers can suggest a more appropriate punishment, like-- no more funky toe nail polish, that will show her!
RE Palin's twitters on this. Didn't she get her "ethics champion" bona fides by getting into Randy Reudrich's(sp?) email and finding that he used it for partisan political use or something like that?
ReplyDeleteIt's ok for HER to get in other people's email and use that email, but when it happens to her it's victim time?
YAHHHHOOOO!!!!
ReplyDeleteI believe if GINO does not want to give out the info, Yahoo! will - it is in their privacy statement that they will comply with the laws...
I think even if she tries to delete all of her emails, yahoo has them somewhere deep inside their belly...
BTW: Another scathing AND SCARY report out about her and her Wasilla church:
Palin attended Church Event With Samurai Sword Ceremony
http://tinyurl.com/kpjld7
To give you some insight into why the defense attorney is making his subpoena request:
ReplyDeleteFrom a May 20, 2009 article:
http://www.wired.com/threatlevel/2009/05/palin-hack/.
Please also note these are FEDERAL charges, so all the more pressure on Alaska to comply with the subpoena if it is allowed to go forward.
"A lawyer for the Tennessee college student charged with hacking into the Alaska governor’s Yahoo e-mail account last year says his client couldn’t have violated Palin’s privacy because a judge had already declared her e-mails a matter of public record.
“He’s not suggesting that e-mail can’t be private,” says Mark Rasch, a former Justice Department cybercrime prosecutor. “He’s saying this particular e-mail was not private or personal because of who she is and because it wasn’t intimate communication. ”
Additionally, photos that 20-year-old David Kernell allegedly obtained of Palin and her family were not private since the Palins are “the subjects of untold numbers of photo-ops,” the lawyer argued last week, in one of a slew of motions and memorandums attacking the government’s four-count federal indictment against Kernell."
Later in the same article:
"Tennessee, he says, only recognizes an invasion of privacy when the invasion exposes something that is inherently private, and the victim was placed in a false light by the invasion. But Palin wasn’t placed in a false light by the alleged hack, and her privacy wasn’t invaded since “an Alaska court has issued an order requiring Ms. Palin to preserve the correspondence in her private e-mail accounts on the grounds that the e-mails are public records.”
Davies is referring to litigation that was filed by an Alaskan activist before the alleged hack occurred. That lawsuit sought Palin’s private e-mail. The activist charged that Palin used her Yahoo accounts to conduct official government business and therefore e-mail in the accounts was part of the public record and should be disclosed under Alaska’s public records statute. A judge ruled, after news of the hack broke, that Palin was required to preserve the correspondence in her private accounts until the lawsuit was resolved.
Davies implies in his motion to dismiss that there are reasonable grounds to conclude that Palin’s Yahoo correspondence was a public record, and cites case law showing that information that already appears on the public record can’t be considered private.
As for photos of Palin and family members that Kernell allegedly obtained from the account, Davies says there’s no expectation of privacy for the images, because the people depicted in the photos “continue to regularly and voluntarily appear in the national media.”
Without the privacy violation, the government has no felony case, Davies argues. Therefore he wants the charge reduced to a misdemeanor.
And further along:
“He’s also saying that what was in the e-mails would ultimately have been revealed [under litigation] therefore she had no expectation of privacy in it,” says Rasch.
Rasch says that although the alleged public-records status of the e-mail doesn’t give anyone the right to break into the account, “it would be very difficult for [the government] to allege a breach of privacy” if the e-mail is a public record.
He also says that in order to prove a privacy interest in the e-mails, the government would have to share the contents of the e-mails. “I don’t see how they could prosecute the case without doing it,” he says. “Those are the exhibits. They can ask the court to submit them under seal, but how do I as a juror decide if there was an invasion of privacy if I don’t know what he looked at?”
"Besides, she'll just instruct whatever acting attorney general to ignore the subpoenas, like the last time around. "
ReplyDeleteThat is illegal. It is called contempt of court. Just because Talis Colberg did it and our limp dicked legislators allowed him to does not mean it is legal.
These are Federal Criminal charges in another state. Neither Palin nor Parnell can get away with "just telling" anyone to illegally "ignore the subpoenas."
THAT IS WHAT IS DELICIOUS ABOUT THIS EVENT.
Stop thinking that just because Palin did it before and got away with it that it is not illegal. It is just that the crooks in Alaska government --and I include legislators in this from both parties--illegally ignored her illegal acts.
They don't have the authority nor power to ignore this subpoena if it is served.
@anon 12:56 -- Exactly! That is precisely what Sarah did. She found a way to peek at Reudrich's computer and determined he was using official equipment/time to "progress" his political ambitions.
ReplyDeleteLOL... what goes around comes around, eh?
When Sarah says that in 10 days she won't have to be politically correct I can't imagine what she will say
ReplyDeleteI also wonder if we will hear any details of what at in these released emails I. doubt it
Geez: "supply birthdates for ALL members of her family"??? You guys can talk about the really substantive issues all you want, but deciding on Trig's birthdate,* alone, would prob cost even more than the book advance proceeds!
ReplyDelete________
*For under-oath testimony, I mean [how delicioso! ROFL ROFL].
OOOhhhh, I smell iceberg.
ReplyDeleteThe kid may know from reading the emails who Trig's mom is... yeah, the real mom.
ReplyDeleteThe request for the birth dates may be a warning shot across the bow of SS Palin.
I'm no expert on what happens when the defense attorney from one state subpoenas records from the executive administration of another state in a Federal case -- but when our regional district hospital received a subpoena for medical records, our policy was to charge only for the copying costs (10c/page) and we could personally accept the measly $7.00 witness fee in lieu of submitting a reimbursement to the hospital for transport expenses to court and back.
ReplyDeleteI don't think a Federal judicial body of whatever state will look too kindly at the Palin administration attempting to fleece an officer of the court -- even if he's a DEFENSE attorney -- the same way they attempted to do to the various and sundry media outlets last fall, and the way they tried with Linda Kellen Biegel.
I can see a Federal court order being issued, with refusal to be considered contempt of court...and an arrest warrant being the next step.
I somehow do not believe this was "the iceberg" and would we even be able to hear what is in the emails! I doubt it. This kid hacked into her account so he is wrong no matter what right??
ReplyDeleteI do not understand why the defense of this kid would need all that personal info on Sarahs family. It seems to me a request that is easy to say no too. Isn't it kind of irrelevent? He hacked into her acct or didn't. What am I missing?
Don't get excited about getting Trig's birthday nor his real mom's name.
ReplyDeleteOne thing the judge is looking at when he request the defense narrow the paramenters of the subpoena is that the defense omit the request for information that any good attorney will know is 1) nor relevant to the case at hand and/or 2) even if the relevance is ambigious, it is not likely to be allowed into evidence.
As much as I would like to see this very personal info unveiled, Trig's birthdate is most likely not relevant to this case.
On the other hand, Trigg's DOB and other info of a personal nature may be relevant in the it would show the extent to which Palin is mixing personal info in with the state business which IS subject to the FOI.
The defense attorney is supposed to be well thought of and if he is that sharp, he may have anticipated being asked to narrow the subpoena. If so, he would have asked for more than he knew he would ever get and this "fluff" is what he can leave out in the compromise, while still getting the meat and potatoes info he needs to defend his client.
There is also the question of jurors not being able to decide what is personal and what is state business if they are not allowed to see exactly what the info includes.
It will be interesting to see if this part of the request is allowed to stand and how the SOA deals with or tries to avoid doing so.
In any event, this portion of the request is something Palin has NO CONTROL over and it has got to have OLP in a deep anxiety attack.
OLP = Our Little Princess.
And I don't understand onejrkittys explanation at all, sorry. It's so long, I simply just can't process it.
ReplyDeleteOh dear, Sarah cannot ignore this one. I can see Federal marshals hauling computers out of her office.I don't think Alaska has an AG at this time, neither do you have an acting AG because there is no provision in the law for that. You don't have a Lt. Gov. either, what the hell is going on up there? 200+ people died because no nurse came to check on them? I think there is more than one iceberg headed toward Sarah. She is getting out of town just in time. HAHA
ReplyDeleteI wonder how many state of AK e-mails from that frye girl they'll find in yaho-land....
ReplyDeleteThat is the first thing that went through my head. What is the Palin administration going to charge for what this attorney is asking? Or...because it is a subpoena for this case....does she have to provide them for free?
ReplyDeleteThe second thing that went through my head is......is this the Iceberg?
If the lawyer manages to get all of the e-mails...they become public record. Right? They are available as part of this lawsuit as part of the court record. Right? Right?
Why didn't she just save us a whole lot of money and trouble and do the honorable thing when she was in the presence of the samurai sword?
ReplyDeleteThis is difficult to grasp bc it's technical. I can't explain it. But it's sort of if she had no reason to think she had privacy protection, he didn't violate. Ignorance is no excuse under the law. I think onejrkitty is doing better then most with this. I hope Kajo is right.
ReplyDeleteI know nothing about the judge in Tn. Under the Bush the DOJ had ways to manipulate and they could get their people off and do things to those they didn't like. There was a gov or official in La that did go to jail. He was innocent and he is still trying to get his case cleared.
A decent judge will do the right thing. In that case I think they will be able to get what they need from Ak. Ak may play games.
skj----did you see the 70 page pdf?
ReplyDeleteThere were several IvyF emails on the few pages I saw. There were some about a medical board. Since all the deaths from the health care tragedy I betcha that will be relevant to what is going on with that situation. Those families and friends must sue her stupid a$$.
No one needs to haul computers out of Palin's office. It's a Yahoo account. Yahoo owns the servers.
ReplyDeleteIt will be interesting to see if Palin attempted to delete anything after ordered not to by a judge. Because Yahoo has back-ups and caches of everything. And they may very well have preserved everything. If a comparison is made...Palin may find herself in contempt.
She may also have a problem if the e-mails that are provided and entered into the court record and become public knowledge as a result show that certain ethics complaints that were dismissed were in fact justified and a violation. Could make Palin and her personal Personnel board look really, really bad.
If this isn't the Iceberg....what could be worse?
(She is going to be adding to the feral baby cat population through her derriere for a long time.)
Evidence admitted at trial does not necessarily become open to the public.
ReplyDeleteIt can be admitted under seal or "en camera" which means that only the judge and the attorneys can see it.
However, IF this is a jury trial, and I am not sure that it is tho an article I read mentioned that it was, it becomes an issue of how the jurors can rule on something if they are not allowed to view it.
It would be great if this info is allowed in the subpoena, but don't go on an emotional roller coaster thinking it will be made public and become disappointed when it is not. Many things are done in the process of a court trial that may not make immediate sense and / or can get one's hopes up unnecessarily.
Nonetheless, OLP ( Our Little Princess ) is certainly going to be worrying over this. IF the personal info (family members birthdays) is allowed, it will be known to the judge and the attorneys and things have a way of "leaking" to the media. IF Trigg's info infers he is not Palin's child, and IF it leaks, this certainly would put her into the position of having to make come public comment as her silence would seem to give consent.
Part of what is happening here is the prosecutors are trying to throw the book at this kid using two different "laws."
ReplyDeleteThey are trying to turn what is essentially ONLY a misdemeanor act into a felony.
The defense attorney, therefore, has the obligation and the right to fight harder for his client and that involves asking the prosecution for lots more evidence than he normally would. Without going into the "laws" involved, and not knowing what all is in the defense attorney's head, the defense attorney may have reason to believe the personal data is important to his defense on one level or another even tho on it's face the data --like Trigg's DOB--does not appear relevant. It is the mixing of personal and business info in an unofficial account that is pertinent here.
This is also a big legal deal NOT because of Palin, but because there is some "conflict" (I use this term loosely) between the two "laws" and by trying to make this kid's actions a felony, the prosecution COULD SET A PRECEDENT THAT WILL AFFECT FUTURE CASES. IF they win a felony against this kid, it would simultaneously make it harder for the prosecution in future cases to make the kind of cases they want. (Win this case, but set precedent that would work against them in future cases.)
The defense attorney--knowing he looks good if he compromises on his requests in the subpoena--may knowingly be asking for more info than he knows the judge will grant him. THus he can compromise by omitting "fluff" (the judge has asked him to limit his requests down from his initial requests ) i.e. info he knows up front won't be allowed in as evidence, likely due to not being relevant to the actual charges, but therefore allowing him to get the real nuts and bolts info he really is after.
The kid is going to come away with guilt, on the one hand, because it is not right to enter someone elses email, BUT IF THE INFO HE GAINS ACCESS TO IS OPEN TO THE PUBLIC--AS IS STATE OF ALASKA INFO--EVEN IF A FOI IS REQUIRED, THEN THE KID IS NOT GUILTY OF OTHER STUFF THE PROSECUTION IS TRYING TO THROW AT HIM.
Also too, the state has ruled in McLeod's lawsuit that the SOA retain all emails etc in this account until her lawsuit is settled because it is state business and as such should be available to the citizens of Alaska for viewing on a state account. IF INFO IS OK FOR ALASKAN'S TO SEE, THEN IT IS OK FOR THIS KID TO SEE EVEN THO IT WAS NOT OK FOR HIM TO GUESS THE PASSWORD TO HER ACCOUNT AND ENTER IT.
They are trying to nail the kid not only for entering her account, but for seeing i.e. "reading" her emails, apples and oranges. One is just a misdemeanor, doing both is a felony. ( this is not all legally accurate but I am trying to simplify here.)
The kid was wrong to enter her account because one of the two "laws" he broke said he cannot do this.
Because the material he accessed was open to the public, he is not guilty breaking one of the two "laws" involved.
I am NOT sure why the defense attorney wants such personal family info, but I do NOT know all the ins and outs of the laws involved her nor what the defense attorney's strategy is.
He MAY have a good legal reason and his request MAY prevail.
My guess is the actual date of birth is too personal and not really relevant THO IT COULD BE IN ARGUING THE INS AND OUTS OF WHAT IS BUSINESS, WHAT IS PERSONAL, WHAT KIND OF INFO WAS IN THE ACCOUNT AND WHETHER PRIVACY WAS VIOLATED OR NOT.
Just don't get hopes up and get excited about seeing Trigg's real DOB -- trials are extremely dynamic and can put you on emotional roller coasters that dont appear to make sense at the time but are legally correct when you get down to the details of the case and of the law.
Christ, now I'm confused.
Hang in there. It all clears up as things proceed as everyone sooner or laters has to explain WHY they want something or WHY they are not getting it.
Sometimes both parties are right i.e. one party thinks info is too confidential to disucss and the other party thinks the info is vital to their position (either defense or prosecution.)
ReplyDeleteWhen this happens both parties tell a judge why they feel the way they do and then the judge decides if one party's rights are less or more important than the other party's rights.
Information between a psychiatrist and a client is confidential, but if the opposing party thinks there is info in the doctor's files that support their case and they can convince a judge that it is important enough, the judge can decide to force the doctor to hand over his files.
EACH SIDE ARGUES THEIR CASE AND THE JUDGE DECIDES, SO IT IS NOT JUST A MATTER OF " WELL, I HAVE A RIGHT TO CONFIDENTIALITY," NOR "WELL, I HAVE A RIGHT TO THIS INFO TO DEFEND MY CLIENT."
Trust me, you NEVER know how a judge will decide and sometimes, his judgment is appealed. This is where having a very sharp attorney is very importantand Wade Davies is supposed to be a very sharp attorney (tho I have not researched him yet.)
This is also the south folks, and being from Memphis, I know that southerners can be just as over the top as Alaskans.
Bottom line:
Forget the Pepsi and popcorn.
It's time for whiskey--straight.
This material may help.
ReplyDeleteAnd yes, Davies is a gooooood attorney who knows exactly what he is doing.
Remember, parts of Tennessee are just like Wasilla, so the judge may or may not give what "we" feel is a fair ruling. I know nothing about this judge's political stance.
1. terryfrank.net » David Kernell Hires High-Powered Attorney
Like many attorneys here in Tennessee, founding partner Robert (Bob) Ritchie was a prominent ... Wade V. Davies, Attorney for David Kernell. From USA Today: ...
terryfrank.net/?p=3601 - Cached - Similar
David Kernell Hires High-Powered Attorney
Daily News & Comments
Mr. Davies is a partner at the prestigious law firm of Ritchie, Dillard and Davies.
My point in filling you in on the law firm that was chosen is to show that his attorney is not a bargain basement, ambulance-chasing hack. There’s no blue-light special, discount legal service going on here. Serious times call for serious representation.
From the law firm of Mr. Davies, here’s a brief on his area of expertise:
Mr. Davies, who has been with the firm since his first year at the University of Tennessee Law School, graduated first in his law school class in 1993. He became a partner in January 1999. Today he serves as the firm’s managing partner.
Mr. Davies earned his Bachelor of Arts in History from Pomona College in Claremont, California.
Mr. Davies concentrates his criminal defense practice on representing individuals at both the trial and appellate levels. His practice ranges from state court cases to the most complex federal matters. His civil practice includes an emphasis on representing individuals in litigation against the state and federal government and agencies.
Mr. Davies has also written a piece entitled Computer Forensics– How to Obtain and Analyze Electronic Evidence that you can view here.
Without a doubt, this article and this area of expertise is why Mr. Davies was chosen to represent David.
AND
Davies asks for Palin's records
Knoxville attorney Wade Davies is seeking on behalf of University of Tennessee student David C. Kernell a host of records and information from Alaska Gov. Sarah Palin and her administration in his bid to defend Kernell on charges that he improperly accessed the 2008 GOP vice presidential nominee's private e-mail account. U.S. Magistrate Judge Clifford Shirley sounded surprised at the scope of the requested information. "You want every record on her computer that has to do with voluntary disclosure?" Shirley asked. Davies countered that among the charges Kernell faces is that he invaded Palin's privacy when he used publicly available information to essentially guess her password and then change it to gain access to her e-mail account. Shirley gave Davies a July 27 deadline to narrow his subpoena request or present proof of the records' relevance and admissibility.
Final point:
ReplyDeleteThe defense attorney legally asked that his client not be referred to as "hacking" into the account.
The did did not "hack."
Palin was stupid enough to use an easily guessed password. The kid guessed it and then entered her account.
Palin, using something as unsecure as Yahoo, did not even bother to use a hard to figure out password. Not sure but I think her password was "popcorn."
Palin's negligence with the security of SOA information was a far more egregious action than this kid guessing her password and then sharing the password and info.
This stuff is easy to google if you want to read it all yourself. "Tennessee hacker Palin"
http://www.knoxnews.com/news/2009/jul/17/long-list-of-palin-records-sought/
ReplyDeleteRelated documents
A copy of the proposed subpoena for records from Alaska Gov. Sarah Palin
A copy of attorney Wade Davies motion asking for the subpoena
The government's response to Davies' request
@onejrkitty--thanks for all the info. Very interesting! I'll get some whiskey ready. What goes with whiskey? Anything?
ReplyDeleteHere is the story on the third email account.
ReplyDeletehttp://www.wired.com/threatlevel/2008/10/palin-had-a-thi/
What goes with whiskey?
ReplyDeletePOPCORN!!
Will the world consider Mr. Davies' seeming brilliance as redeeming Tennessee for all the recent stupid stuff?
ReplyDelete...hope so! As an example, it's so embarrassing that a man from Tennessee named his newborn baby Sarah McCain Palin Siptak.
http://www.telegraph.co.uk/news/newstopics/uselection2008/sarahpalin/3203088/US-election-Father-secretly-names-baby-Sarah-McCain-Palin.html
So the trial starts on Monday June 29, 2009 and she hastily resigns 4 days later on July 3, 2009, AND she had already decided by Wednesday night when she told Parnel.
ReplyDeleteI betchya this is the iceberg.
And she's been wing batty ever since.
WOW!
ReplyDeletehttp://www.knoxnews.com/news/2009/jul/17/long-list-of-palin-records-sought/
“Shirley gave Davies a July 27 deadline to narrow his subpoena request or present proof of the records' relevance and admissibility.”
Did you notice JULY 27? Palin is resigning effective JULY 26, the day BEFORE the hearing in Tennessee. When was the date that the request for subpoena was filed – usually about 1 or 2 weeks before the hearing. Seems like it would be the week of July 1, and Palin hastily announced her resignation on July 3 in a shaken, hyperventilating voice that EVERYONE noticed.
What is the significance of resigning on 7-26-09? It is not the last day of the month, it is probably not the last day of a pay period. It is an odd day. But when I just read this article about the subpoena request being delayed until 7-27-09, IT JUMPED OUT AT ME WHY SHE PICKED THE ODD DATE OF 7-26-09 TO RESIGN.
ProChoiceGrandma, good catch!
ReplyDeleteI have a feeling that $arah Palin can run, but she cannot hide...unless she hightails it for a country with a non-extradition treaty.
It's a SUNDAY. Who resigns on a Sunday? Friday or Monday or the last day of the month. But Sunday, July 26?
ReplyDelete"I betchya this is the iceberg."
ReplyDeleteSuddenly, she becomes a private citizen. Her "private" emails- would they have more protection if she's not a governor/VP candidate during the trial? Maybe not, but doesn't it sound classic Palin? Confuse, obfuscate, delay, walk off. Typical. I don't know if this is the iceberg that Gryphon mentioned, but when you're speeding through an ice field, any one of them is apt to do damage.
It won't matter. Because she as a public person, a Governor, when the e-mails were produced. If anything were to be protected, it won't be until she resigns. Even then, a case could be made that she is still not a private person, because she is a celebrity.
ReplyDeleteBe careful what you wish for......
Maybe she knows she'll be indicted on the 27th!
ReplyDeleteIceberg, schmiceberg, what really matters is there is no ONE thing, but many. Doesn't matter if someone was talking about one item in particular, there are plenty of unethical, scheming things - we'll never be able to narrow it down, and don't need to.
ReplyDeleteI wish it wasn't a jury trial. East Tennessee is $P-evangelical-centered country.
ReplyDeleteAn East Tennessee jury isn't necessarily more or less prejudiced than a judge. It may not stay in Tennessee. This could go on forever. It is new legal territory and the characters involved are secondary. This is too complex for the average Joe. If the defense scores part of their request that won't mean it will all be made public.
ReplyDeleteThere is an issue with excessive over prosecution. The defense could win a battle and that would only mean appeals. Either way will bring appeals. Five or ten years, SCOTUS and we won't know that much more.
Did Palin have a reason to expect privacy? Frisky young men should not be snoops, far worse, are public servants that abuse or twist official communications. Pursuing the Alaskan e-mail inquiries are worth it for quicker results. Not quick, just quicker.
HRE ~ i believe you are correct. This will go on for effin'ever.
ReplyDeleteHowever, i disagree that the characters are secondary (as they were, perhaps, in Roe V. Wade). Merely by the sheer number of nicknames (my current favorite is Bitter Twitter Quitter $arah), i fear one of the adventurers in this uncharted territory has proven themselves to be a media whore - ergo, media-milking a 10+ year saga.
[throwing up in my mouth a little at the thought...]