Posted on Sep 14, 2017
Pharma Bro jailed after judge declares him a ‘danger to society’
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The attorney was responding to government filings last week that argued Shkreli's behavior was threatening enough to jail him while he awaits sentencing for his securities fraud conviction. Prosecutors said the posting prompted the Secret Service to use more resources because it ran the risk that many of Shkreli's social media followers would think he was serious.
But I have one question.
What about statements about other members of society saying in a march about blowing up the White House?
I think they missed one.
But I have one question.
What about statements about other members of society saying in a march about blowing up the White House?
I think they missed one.
Pharma Bro jailed after judge declares him a ‘danger to society’
Posted from nypost.com
White House
Law
U.S. Secret Service
Social Media
Posted 7 y ago
Responses: 5
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Definitely an oddity, he's less dangerous then the person that wanted to blow up the WH, or thinks Trump should meet a nasty end.
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I was doing some research on the topics, in my ongoing effort to learn more about U.S. Laws, and I came up with the following stuff. Hopefully it appears as objective as possible. I believe in the 1st Amendment to the fullest, regardless of political agendas.
In my opinion, there is a big difference between celebrities the actions and statements of celebrities like Madonna, Ted Nugent, and Kathy Griffin, who found ways to keep their stuff indirect and protected by the 1st Amendment; versus Martin Shkreli (Pharma Bro).
Madonna: "Yes, I'm angry. Yes, I am outraged. Yes, I have thought an awful lot about blowing up the White House, but I know that this won't change anything. We cannot fall into despair."
The Cover: Talking about thoughts. Everybody has thoughts about a wide variety of things, but thoughts aren't fully criminalized, yet. A direct threat was never made, nor did she incite others to blow up the White House.
Ted Nugent: While gesturing with two rifles in-hand onstage at a concert said, "...Obama, he's a piece of shit. I told him to suck on my machine gun. Hey Hillary [Clinton], you might want to ride one of these into the sunset, you worthless bitch..."
"‘I Will Either Be Dead or in Jail’ if Obama Is Re-elected"
The Cover: Gestured Storytelling. He spoke of a fictional past encounter with President Obama, then makes an ambiguous suggestion for Hillary Clinton to ride one of his machine guns into the sunset. Neither of which are communicating a direct threat, or inciting anyone to do anything themselves. Pertaining to his idea of being dead or in jail if President Obama was re-elected; its too ambiguous of a statement to be considered a direct threat or incitement. Is saying he would have a heart attack? Might he get so drunk he starts a bar fight?
Kathy Griffin: Held up a severed fabricated bloody doll head resembling President Trump.
The Cover: Interpretive Art. No words expressed. No intent expressed. It's even been deemed legal to shoot paper targets depicting U.S. Presidents' faces. The interpretation is open-ended.
MY SPECULATION: I think all of these celebrity statements and actions were carefully pre-crafted with their lawyers, to pass The Brandenburg Test; compliments of a KKK leader from Ohio 1964. While they are legal 1st Amendment Speech, it won't stop a Secret Service investigation from happening, although they will likely close quickly; nor will it stop any negative career fallout.
The problem Martin Shkreli faced, was he was out on $5 Million bail, with conditions defined by Section 3142(b), Title 18, U.S. Code (Release on Personal Recognizance or Unsecured Appearance Bond):
(b)Release on Personal Recognizance or Unsecured Appearance Bond.—
The judicial officer shall order the pretrial release of the person on personal recognizance, or upon execution of an unsecured appearance bond in an amount specified by the court, SUBJECT TO THE CONDITION THAT THE PERSON NOT COMMIT A FEDERAL STATE, OR LOVAL CRIME DURING THE PERIOD OF RELEASE and subject to the condition that the person cooperate in the collection of a DNA sample from the person if the collection of such a sample is authorized pursuant to section 3 of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135a),[1] unless the judicial officer determines that such release will not reasonably assure the appearance of the person as required OR WILL ENDANGER THE SAFETY OF ANY OTHER PERSON OR THE COMMUNITY.
While out on $5 Million bail, he posted the following message to Facebook followers, “On HRC’s book tour, try and grab a hair from her,” he wrote on Sept. 4. “I must confirm the sequences I have. Will pay $5,000 per hair obtained from Hillary Clinton.”
Maybe they decided to have mercy on him, and just bring him back on general public endangerment, OR maybe they could have got him with an additional violation of federal law, Section 373(a), Title 18 (Solicitation to commit a crime of violence), in placing a bounty asking for people to possibly violate another federal law, Section 879(a)(1), Title 18 (Threats against former Presidents and certain other persons):
"...(a) Whoever knowingly and willfully threatens to kill, kidnap, or inflict bodily harm upon—
(1) a former President or a member of the immediate family of a former President..."
In my opinion, there is a big difference between celebrities the actions and statements of celebrities like Madonna, Ted Nugent, and Kathy Griffin, who found ways to keep their stuff indirect and protected by the 1st Amendment; versus Martin Shkreli (Pharma Bro).
Madonna: "Yes, I'm angry. Yes, I am outraged. Yes, I have thought an awful lot about blowing up the White House, but I know that this won't change anything. We cannot fall into despair."
The Cover: Talking about thoughts. Everybody has thoughts about a wide variety of things, but thoughts aren't fully criminalized, yet. A direct threat was never made, nor did she incite others to blow up the White House.
Ted Nugent: While gesturing with two rifles in-hand onstage at a concert said, "...Obama, he's a piece of shit. I told him to suck on my machine gun. Hey Hillary [Clinton], you might want to ride one of these into the sunset, you worthless bitch..."
"‘I Will Either Be Dead or in Jail’ if Obama Is Re-elected"
The Cover: Gestured Storytelling. He spoke of a fictional past encounter with President Obama, then makes an ambiguous suggestion for Hillary Clinton to ride one of his machine guns into the sunset. Neither of which are communicating a direct threat, or inciting anyone to do anything themselves. Pertaining to his idea of being dead or in jail if President Obama was re-elected; its too ambiguous of a statement to be considered a direct threat or incitement. Is saying he would have a heart attack? Might he get so drunk he starts a bar fight?
Kathy Griffin: Held up a severed fabricated bloody doll head resembling President Trump.
The Cover: Interpretive Art. No words expressed. No intent expressed. It's even been deemed legal to shoot paper targets depicting U.S. Presidents' faces. The interpretation is open-ended.
MY SPECULATION: I think all of these celebrity statements and actions were carefully pre-crafted with their lawyers, to pass The Brandenburg Test; compliments of a KKK leader from Ohio 1964. While they are legal 1st Amendment Speech, it won't stop a Secret Service investigation from happening, although they will likely close quickly; nor will it stop any negative career fallout.
The problem Martin Shkreli faced, was he was out on $5 Million bail, with conditions defined by Section 3142(b), Title 18, U.S. Code (Release on Personal Recognizance or Unsecured Appearance Bond):
(b)Release on Personal Recognizance or Unsecured Appearance Bond.—
The judicial officer shall order the pretrial release of the person on personal recognizance, or upon execution of an unsecured appearance bond in an amount specified by the court, SUBJECT TO THE CONDITION THAT THE PERSON NOT COMMIT A FEDERAL STATE, OR LOVAL CRIME DURING THE PERIOD OF RELEASE and subject to the condition that the person cooperate in the collection of a DNA sample from the person if the collection of such a sample is authorized pursuant to section 3 of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135a),[1] unless the judicial officer determines that such release will not reasonably assure the appearance of the person as required OR WILL ENDANGER THE SAFETY OF ANY OTHER PERSON OR THE COMMUNITY.
While out on $5 Million bail, he posted the following message to Facebook followers, “On HRC’s book tour, try and grab a hair from her,” he wrote on Sept. 4. “I must confirm the sequences I have. Will pay $5,000 per hair obtained from Hillary Clinton.”
Maybe they decided to have mercy on him, and just bring him back on general public endangerment, OR maybe they could have got him with an additional violation of federal law, Section 373(a), Title 18 (Solicitation to commit a crime of violence), in placing a bounty asking for people to possibly violate another federal law, Section 879(a)(1), Title 18 (Threats against former Presidents and certain other persons):
"...(a) Whoever knowingly and willfully threatens to kill, kidnap, or inflict bodily harm upon—
(1) a former President or a member of the immediate family of a former President..."
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