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Everything posted by FLYJACK
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This is the point... as you have just proven, the truth alludes you and you used multiple fallacies to argue a falsehood.
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Ultimately, the Cooper case is an extremely complex logic puzzle.. with a massive amount of accurate and inaccurate information to process. If you don't have the reasoning and logic skills down you haven't got a chance sorting it out and you will consistently make errors. The case becomes a Rorschach, a confirmation bias exercise and you just see what you want to see.
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When you say we are never going to agree on the finer points you mean the facts,, You LOST, you are wrong... yet you still won't admit it.. You just can't accept the facts, that is why people get frustrated with you. You are completely unreasonable. People just give up because you are irrational, then you claim victory. It is crazy. You can't debate people who won't accept the facts. Remember this Blevins, this is how you always operate. When the facts prove you wrong you just ignore them. You always do it, you do it with KC. He doesn't fit the Cooper description or profile so you make up excuses or reject the evidence. Admit you are wrong and move on like Ulis did,,, You want to be right more than you want to get to the truth. I don't know for a fact why Himmelsbach pushed the last minute JD warrant but I can speculate from his words and the FBI files.. As a precaution and to end media promoting Cooper in a positive way. but the effect was that Cooper would not come forward. There was no SOL,, they should not have obtained the warrant or had it sealed if possible and let Cooper assume no SOL to come forward if he had lived.
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"Mr. McCoy, who is held without bail in the Salt Lake County Jail, faces preliminary examination on the charge April 19. Conviction carries the death penalty." https://www.nytimes.com/1972/04/11/archives/fbi-recovers-499970-fbi-recovers-499970-in-plane-hijacking-case.html and from the McCoy trial.. “Something that pleases this court and I’m sure has been weighing heavily on you people’s minds,” he says, “is whether or not you’d eventually have to give this fellow the death penalty. Well, the court’s gonna help you solve that little problem right now. You can, as of now, dismiss that dilemma from your minds.” This morning in Washington, the Supreme Court declared the death penalty unconstitutional. McCoy’s life has been spared." So, the jury was in the position to consider the death penalty for Aircraft Piracy until it was suspended.. The law at the time of McCoy, Hahneman and Cooper included a death penalty option without causing death.. That is why the DOJ/US Attorney and FBI all said no SOL for Cooper. CHECK MATE.
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Wrong. The DOJ got the law right at the time.
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Blevins, you can't read.. stop wasting my time with this nonsense. The death penalty only needs to be an option under the charge, not sought. Your question is flawed and demonstrates your lack of understanding. The DOJ is correct, you are wrong. They don't have to seek the death penalty, get it. You don't get charged with "death penalty", you get charged with "air piracy". Here is Aircraft Piracy am. 1961, no death required for death penalty.. There were many further amendments over the years making it confusing but I don't see it before NORJAK. It looks like that part was amended after 1974. " ( i ) ( l ) Whoever commits or attempts to commit aircraft piracy, as herein defined, shall be punished— "(A) by death if the verdict of the jury shall so recommend, or, in the case of a plea of guilty, or a plea of not guilty where the defendant has waived a trial by jury, if the court in its discretion shall so order; or "(B) by imprisonment for not less than twenty years, if the death penalty is not imposed.
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A capital crime has the option of the death penalty, not that it is required or applied. In other words, you don't need to "call for the death penalty". If the offense has an option of death,, no statute of limitations. It doesn't matter if there was no death in the crime, if that is an option then it is a "capital offense". That is exactly what the US attorney says here after conferring with DOJ... The DOJ/US Attorney and FBI were correct. The Hahneman prosecutor was also correct. You are just wrong.
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Not true. The FBI files clearly state the death penalty applied and even the prosecutor for Hahneman was going to apply the death penalty before the suspension, that included kidnapping. There was no SOL and yes the defence lawyer would raise it. The warrant was a last minute thing pushed by Himmelsbach against his own opinion/DOJ/US Attorney on SOL. I didn't say it was a stunt,, I said that was the effect. Why are you lying. Your suspension of the death penalty argument has failed and now you throw every assumption and opinion to make something stick. You mix some facts with assumptions and falsehoods to push an opinion. Now, you have thrown so much at this I don't even know what your conclusion is anymore. I like puzzles but there needs to be an actual solution. I just don't care to unwind your logic. My conclusion is valid. The EFFECT of the warrant was that Cooper wouldn't come forward making this case far more difficult to solve. If you want to think something else, have at it.
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Those are facts.. you have no argument here. You are just making baseless assumptions as usual. It is against the rules of logic and reason to reject facts based on assumptions. Read a logic book. My conclusion is that was the effect, not necessarily the intention. We can only speculate on their motive(s).. Your initial claim was the SOL applied due to the suspension of the death penalty, that was wrong. Now, you shift your argument to some other assumption. See the pattern, you have an opinion then contort reality to fit it no matter what the facts are. Here Blevins argument blown up.. blowed up real good. JD warrant issued in spite of US Attorney opinion that the SOL did not apply.
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The FBI was concerned about the media but no indication that played a role in obtaining the warrant. They seemed to be more concerned with the media perhaps making Cooper into a "hero" if he came forward..
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This news article says they got the JD warrant as a precaution even though DOJ believed there was no statute of limitations on Cooper's crime.. and from a few weeks earlier in November '76 Himmelsbach rejected the Statute of Limitations. Argument... The DOJ rejected the Statute of Limitations even after the John Doe Warrant. The FBI/Himmelsbach rejected the Statute of Limitations. The John Doe Warrant was last minute as a precaution by Himmelsbach and to stop Cooper from coming forward. The FBI admitted they only had a case if Cooper cooperated. The temporary suspension of the death penalty is completely irrelevant. Conclusion.. The John Doe warrant effectively ended the prosecution of a suspect in the Cooper case.
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Here, it was a last minute thing to STOP Cooper from coming forward and getting publicity. Since the FBI admitted they only had a case if Cooper cooperated then the warrant effectively ended the case.. "On the afternoon of Nov. 24, 1976, the day the five-year federal statute of limitations would have expired on Cooper's crimes - the feds had nightmares of headlines saying, ``D.B., Come Home, All Is Forgiven'' - Himmelsbach and Collins rushed the case into a grand jury room and, by sundown, had secured a ``John Doe'' indictment against Cooper on charges of air piracy and extortion. That means the case is still open and Cooper can still be prosecuted, something Himmelsbach, even though long retired, appears to relish."
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No, that was exactly what you meant. You just don't realize it. The warrant was not neccessary to extend the statute of limitiations.. Then why?? From there we can only speculate but the result effectively ended the case by ensuring Cooper wouldn't talk. and you are incorrect, the FBI in1976 said that they didn't have enough evidence and witnesses memories had faded, only Cooper's cooperation would get a prosecution. Both McCoy and Hahneman weren't cooperating so how do you get to prosecution for Cooper with no cooperation.. as the FBI said,, you don't. They needed Cooper's cooperation, that John Doe warrant ended that.
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Exactly... now you get it.. Why indeed. The effect was that Cooper if he had lived would never come forward and the FBI admitted in 1976 that they only had a case if he cooperated.
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The death penalty suspension ended in July 1976 and the John Doe warrant was in November 1976. The argument that they wouldn't seek the death penalty anyway doesn't matter for a crime to be a capital crime. The DOJ opinion that the statute of limitations doesn't apply because the crime was a death penalty crime at the time of the offence is a tough one to overcome, they knew the law and had access to cases. You need an example of the death penalty suspension causing the imposition of a statute of limitations for a capital crime committed prior. and we know there were several crimes that could be charged.. But, it doesn't matter because the John Doe warrant was issued after the death penalty suspension ended. That means that the death penalty suspension argument is mute. The FBI got the John Doe warrant after the death penalty suspension ended and we know based on the DOJ and Hahneman prosecutor that there was a capital crime committed prior to the suspension. That means, at the time the warrant was issued there was no statute of limitations. Then why did they seek one??? Publicity? Internal politics?
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You are making an assumption without facts.. you assume the DOJ was wrong and the SOL applied retroactively to crimes before the death penalty suspension. There were charges that could still be applied that did not have a statute of limitations other than air piracy.. and the John Doe warrant included the Hogg Act and Air Piracy. Since the DOJ determined in '76 that the statute didn't apply it must have been done for another reason.. publicity or FBI internal politics. So game this out. If they don't get the warrant and the media blasts that the statute of limitations passed then Cooper if he lived would believe he could come forward not knowing he could still face charges. If they get the warrant and publicize it Cooper never comes forward if he had lived.. and that is what happened.. That is the point,, the JD warrant insured that Cooper would never come forward. IN 1976 the FBI admitted that they didn't have enough evidence and could only get a conviction if Coper cooperated.. The JD warrant ended Cooper's cooperation and effectively ended the case. The JD warrant publicity forced Cooper to NOT talk.. was that intention or a screwup.
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Federal Kidnapping has no statute of limitations and they crossed State lines. Fleeing justice has no statute of limitations. Death penalty was applicable at the time of the crime(s) as correctly stated in that document and the Hahneman statements were also before the June 29 suspension. So, neither are uninformed as you claim. Your argument is that Capital crimes committed before the death penalty suspension no longer were capital crimes therefore eliminating the statute of limitations, this is not necessarily true. The death penalty was suspended as a punishment but the death penalty was not ruled unconstitutional. That is not the same as imposing a statute of limitations for prior crimes. The DOJ in the FBI note above clearly believed that it was a Capital crime at the time the crime was committed even though that punishment was temporarily suspended. I'll go with the DOJ but it be would an argument for lawyer in that situation. The JD warrant was more about publicity..
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You are still wrong.. No statute of limitations for a capital crime. "At the end of the hearing, magistrate Michael J. Osman recommended that Hahneman be transferred to Alexandria. Va., to face charges of air piracy, kidnaping and assault with a deadly weapon. Brian P. Gettings, U.S. attorney for Eastern Virginia, said in Alexandria he may ask for the death penalty for Hahneman." "the FBI obtained a federal warrant in U.S. District Court in Alexandria, Va., Wednesday charging Hahneman with air piracy and kidnaping. The maximum penalty for hijacking a plane is death." and the money shot...
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I didn't see any new pages,, all repeats.
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No you are wrong,, that is an amended statute. Also, Capital offences were not just for a death, it included kidnapping. This is why I don't like dealing with you, you just get so much wrong that I have to correct for you. In fact, in 1972 for Hahneman the Prosecutor initially stated he was charging Air Piracy, Kidnapping and Extortion... seeking the death penalty. So, that John Doe warrant was not necessary. They made it public as an insurance policy but if Cooper lived it would have discouraged him from coming forward. The effect of the JD warrant undermined the case. Without that warrant, if Cooper lived he may have come forward. They should not have publicized it or had it sealed if that was possible. IMO, it was more of a publicity stunt. Pub. L. 103–322, title VI, § 60003(c), as added by Pub. L. 109–177, title II, § 211(a), Mar. 9, 2006, 120 Stat. 230, provided that: “(c)Death Penalty Procedures for Certain Previous Aircraft Piracy Violations.— An individual convicted of violating section 46502 of title 49, United States Code, or its predecessor, may be sentenced to death in accordance with the procedures established in chapter 228 of title 18, United States Code, if for any offense committed before the enactment of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103–322) [Sept. 13, 1994], but after the enactment of the Antihijacking Act of 1974 (Public Law 93–366) [Aug. 5, 1974], it is determined by the finder of fact, before consideration of the factors set forth in sections 3591(a)(2) and 3592(a) and (c) of title 18, United States Code, that one or more of the factors set forth in former section 46503(c)(2) of title 49, United States Code, or its predecessor, has been proven by the Government to exist, beyond a reasonable doubt, and that none of the factors set forth in former section 46503(c)(1) of title 49, United States Code, or its predecessor, has been proven by the defendant to exist, by a preponderance of the information. The meaning of the term ‘especially heinous, cruel, or depraved’, as used in the factor set forth in former section 46503(c)(2)(B)(iv) of title 49, United States Code, or its predecessor, shall be narrowed by adding the limiting language ‘in that it involved torture or serious physical abuse to the victim’, and shall be construed as when that term is used in section 3592(c)(6) of title 18, United States Code.”
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That has nothing to do with me and is not my problem. In fact, I mentioned it to Bruce a while back and ironically you still accused me of being part of it... crazy.
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You were using innuendo to smear me with a lie.. repeatedly, you knew I had you on ignore so I couldn't respond. I have no problem with legitimate questions on Hahneman. You didn't do that, you made false claims, assumptions and accused me of things were not true. I have told you I am not presenting the case for Hahneman and I have some very good reasons for it. For other suspects, I am only pointing out the evidence. If you or anybody has evidence against Hahneman, not assumptions then I want to hear it.. but you have nothing. You keep throwing out assumptions and saying I have nothing.. You are wrong.
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Don't bother, you have no understanding of the issue,, In fact, you are so confused you don't see your own argument contradicts itself, per usual. If Cossey is a serial liar and provided no proof of the chute descriptions and both of the chutes came from Hayden then how do we know the chute Cooper took was the NB6/8 described by Cossey. PLUS, there were the two backpack cards that don't match Cossey's description. One was returned to Hayden. If anybody bought "Into the Blast", demand your money back.
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I did a search for "Gypsy23" and see Blevins has been spewing his lies and defaming me in a deranged and absurd ongoing personal attack.. Using innuendo is a form of lying. Using an invisible friend for a personal attack is still lying. This is a new low for even for Blevins.. Kenneth Christiansen was not Cooper and that isn't my opinion it is the evidence. Into The Blast - The True Story of D.B. Cooper by Robert Blevins, a serial liar. Is this the level of research that went into your book. Blevins can't attack Hahneman because he knows virtually nothing about him so he attacks me personally with these lies. I have never posted under any other name on any Cooper site, ever. I will be reporting this and any further lies to the mods. and I am a free speech person but you can't lie and defame people like that. Serial liar, you want examples.. you posted these lies while you knew I had you on ignore ALL LIES.. posted here by Robert Blevins Greg the Techie Guy says he *thinks* 'Gypsy23' over at the Mountain News...the guy spouting negative garbage on practically every article Bruce Smith writes lately...is actually FLYJACKI think you're just upset that Greg The Techie Guy now believes that the biggest hate-monger in the Cooper case, aka 'Gypsy23,' might possibly be YOU Greg seems to think you and he are the same person. Which would make you just another Cooper phony in Cooperland. One identity for the public here at DZ, and another one to post up trash about others. Serial liar? You should provide some examples.I think you're just upset that Greg The Techie Guy now believes that the biggest hate-monger in the Cooper case, aka 'Gypsy23,' might possibly be YOUGreg the Techie Guy still wants to know if you are the hatemonger known over at Bruce Smith's Mountain News as ‘Gypsy23'Or should I call you 'Gypsy23'? Greg seems to think you and he are the same person. Which would make you just another Cooper phony in Cooperland. One identity for the public here at DZ, and another one to post up trash about others.If you know who Gypsy 23 actually is, and unless you support the idea of hate-mongering in the Cooper case...you would be a man about it and say something about it. This only proves that you support such actions. In fact, you do the same thing here already, ("he's a serial liar...") which leads me to believe Greg may be right about you. Greg the Techie Guy thinks you *might* be Gypsy. He bases this on the common use of expressions and phrases used by both of you. What the truth is, I cannot say. That's HIS opinion.
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This interview quote from Cossey is really important.. It proves that Cossey got the description of the chute left behind wrong, he called it a B-4 sport rig (freefall rig).. So, how can he get the NB-8 rig correct. If Cossey's description was wrong,, the FBI was looking for the wrong chute the entire time.