Apple's IPads-for-Concealed-Firearms-Licenses Bribery Case Moves Forward (reason.com) 68
"Generally you may not carry a concealed firearm on your person in public," warns a California government web site, "unless you have a valid Carry Concealed Weapon (CCW) license." And a California appellate court associated justice writes that in the county where Apple is located, "the Santa Clara County Sheriff's Office rarely issued CCW licenses."
This has led to Thomas Moyer, Apple's head of global security, facing bribery charges, reports Reason's legal blog, the Volokh Conspiracy. According to the judge's statement (citing the case of the public defender)... ...the Santa Clara County undersheriff requested — and defendant Thomas Moyer made — a promise to donate iPads to the Santa Clara County Sheriff's Office in exchange for releasing concealed carry weapon licenses that the sheriff had signed. Consistent with the Ninth Circuit's interpretation of California law, federal law and the law in many states, we conclude that such a promise may constitute a bribe. We also conclude that the evidence presented to the grand jury was sufficient to raise a reasonable suspicion of such bribery. Accordingly, we reverse the trial court's order dismissing the bribery count against Moyer, reinstate that count, and remand for further proceedings.
This has led to Thomas Moyer, Apple's head of global security, facing bribery charges, reports Reason's legal blog, the Volokh Conspiracy. According to the judge's statement (citing the case of the public defender)... ...the Santa Clara County undersheriff requested — and defendant Thomas Moyer made — a promise to donate iPads to the Santa Clara County Sheriff's Office in exchange for releasing concealed carry weapon licenses that the sheriff had signed. Consistent with the Ninth Circuit's interpretation of California law, federal law and the law in many states, we conclude that such a promise may constitute a bribe. We also conclude that the evidence presented to the grand jury was sufficient to raise a reasonable suspicion of such bribery. Accordingly, we reverse the trial court's order dismissing the bribery count against Moyer, reinstate that count, and remand for further proceedings.
Insider here, via a friend (Score:5, Informative)
It's a well-known fact that the Sheriffs' offices in those ares of California require bribes before you can get your CCW. That's how all the rich people and celebrities get them, while ordinary citizens do not.
The court should be investigating why they're taking bribes in the first place (and look at the mysteriously active history of concerned citizens donating out of the goodness of their hearts), but of course they focus on one of the people simply doing what he can to actually get the Sheriff's office to do its job.
Re:Insider here, via a friend (Score:5, Interesting)
I need to add that the officials were probably offended as to the nature of the bribe, and that's why this is under investigation. Residents know the go-to bribe is $10k+ in hard cash to Sheriff Laurie Smith's election campaign. 79% of CCW applicants who donated were approved. 94% of non-donors were rejected. https://www.nbcbayarea.com/new... [nbcbayarea.com]
Violating constitutional rights and taking cash to selectively do your duties is treasonous, in my opinion. But the Bay Area is corrupt as fuck.
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It does raise the question why Apple resorted to bribery rather than just sue the shit out of the sheriffs office on 2nd Amendment grounds. Maybe optics?
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The "bribe" was an open offer to a government agency for a service.
The iPads would have been used by government employees, which presumably would benefit the public.
No payment was made or offered to any individual person or any reelection campaign. The only beneficiary was the public.
The sheriff solicited the "bribe" but for his department's use, not for his own benefit.
As a resident of Santa Clara County, I feel a distinct lack of outrage about this.
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I think you should be outraged some though.
I mean, imagine if you went in for, say, a marriage license, driver's license, business permit, or whatever, and rather than just the statutory fee, the clerk asked you for, say, a new coffee machine for their office?
Or you weren't getting your permit on time...
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That's a poor analogy because those other licenses are normally issued.
CCW licenses are generally not issued in Santa Clara County.
So Apple wasn't asking to be treated normally. They were asking for a special favor. So the sheriff asked for a special favor in return.
I agree that this isn't the way the government should work, but the CCW system in California is specifically designed to give local sheriffs discretion.
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That's a poor analogy because those other licenses are normally issued.
CCW licenses are generally not issued in Santa Clara County.
So Apple wasn't asking to be treated normally. They were asking for a special favor. So the sheriff asked for a special favor in return.
I agree that this isn't the way the government should work, but the CCW system in California is specifically designed to give local sheriffs discretion.
Stop saying this was "Apple", when there is no proof that this was anything other than a rogue employee.
Re:Insider here, via a friend (Score:4, Insightful)
As a resident of Santa Clara County, I feel a distinct lack of outrage about this.
I feel this goes a long way to explaining the deplorable state of your government.
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Apple is its employees.
I'm going to guess he was told to make it happen, someone higher up signed off on the donation and that whoever signed off nudge nudge winked winked any explicit communication of why it was needed. Shit and responsibility rolls down hill, plausible deniability floats up to the rest of the turds.
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In fact it sure sounds like Undersherriff Sung solicited a bribe, and it's unfortunate for the Apple security folks that they weren't recording the conversation at the time (although that may have been illegal in California where all parties need to consent to a private conversation being recorded). When it's a he-said-she-said situation with the police, especially the top of the hierarchy, the courts will nearly always side with the police. So Moyer effectively had a choice, pay the solicited bribe or leav
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Why do they need a gun to defend themselves? If they are threatened they should just call the police.
Re:Insider here, via a friend (Score:5, Insightful)
Why do they need a gun to defend themselves? If they are threatened they should just call the police.
When seconds count, the police are only minutes away.
But "gun control" is really off-topic here.
This story is about government corruption.
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It's the same thing. The sherif creating and enforcing unconstitutional gun control policies to line their own pocket is a double whammy against the citizens.
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Apologies. I was being deeply sarcastic. The same sheriff who won't issue a permit is the same one who won't be there when you call 911 but will be quick to overcharge for a gun violation if you didn't bribe her enough.
I am ardently pro individual human rights which includes the right to real self defense. People are everything. Governments and corporations are nothing. One of the absolute worst rulings the USSC ever made was declaring corporations are people, simply because they are made up of people.
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I can assure you that it's still not possible to obtain CCWs in Santa Clara county. The SCOTUS ruling created a massive influx of applications and they're using that as an excuse to drag their feet and not issue anything substantial. They require a psychological evaluation with an approved psychologist, logged gun training hours that they recognize, an internal criminal background check (of indeterminate length of processing time), and an in-person interview with the **VERY** busy and overworked heroes of t
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Someone will sue them over those requirements and procedures. This game has been played in several places, and the outcome is certain. It may take a while to get fixed, though. "A right delayed is a right denied." Also, SCOTUS: "No we're not kidding, nor amused by you're trying to get around the {Heller|Bruin} ruling. Cut that shit out."
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Bruen came down long after the bribery in this case. In fact the corrupt Sheriff Laurie Smith was convicted of charges related to this situation less than six months after Bruen was decided.
The Apple case probably wouldn't have been a great test case anyway.
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Except they creating new requirements for the CCW, such as letters of reference and psych evaluations. Also, there are HUGE delays in getting your application processed.
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But the Bay Area is corrupt as fuck.
(SF Resident #24732) "Dammit, they're onto us."
(SF Resident #38756) "I wonder if it was the smell that gave it away..."
Re:Insider here, via a friend (Score:4, Insightful)
Regulation has amongst its fruits, corruption. If you leave even a little wiggle room to a local official, they'll use it to make money.
People from Jersey know this one by heart.
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No, Biden used 3-4 aliases and had 20+ LLC shell companies.
Details are important.
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As for the 2014 Maidan Revolution, it was grass-roots. Western powers did not give any tangible help to it.
As for the firing of Viktor Shokin (who was known literally world-wide for being a corrupt piece of shit) that was official government policy (and like
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lol is that the latest cope? Thanks for making me aware of the current NPC DLC. The previous hotfix pushed out to all the mindless drones was "the Biden laptop is Russian disinformation, intended to interfere with an election, and anyone talking about it is a witting or unwitting agent of Russian election interference and should be investigated for potential ties to their intelligence agencies. Seventy five intelligence agencies officials all signed a sworn document stating that there's no way its contents
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lol is that the latest cope? Thanks for making me aware of the current NPC DLC.
Are you trying to utilize teenage slang in some kind of desperate attempt at feeling youthful? It's pretty strange.
The previous hotfix pushed out to all the mindless drones was "the Biden laptop is Russian disinformation, intended to interfere with an election, and anyone talking about it is a witting or unwitting agent of Russian election interference and should be investigated for potential ties to their intelligence agencies. Seventy five intelligence agencies officials all signed a sworn document stating that there's no way its contents are real." Glad to see that's gone totally unacknowledged now, just like all the NPCs' past errors, and the current propaganda-parroting narrative is "actually all the evidence you see could easily be explained by actions undertaken by Hunter Biden alone, acting on his own, without connection or influence, and the thousands upon thousands of aliased messages sent from The Big Guy to Hunter's totally legitimate business contacts and fellow board members could easily have been clear and unequivocal refusals to engage in any bribery or corruption whatsoever."
All those words, and literally not one refutation of my assertion.
Did this strike you as clever? Your elementary school teachers really failed you.
Yeah but it wasn't. Query: "US backed Ukrainian revolution before:2016" https://www.reuters.com/articl [reuters.com]... [reuters.com]
Yes, it was.
A recording of a State diplomat in the country discussing what they hope for the end result of what's happening isn't proof of anything other than the fact that they had a preferred outcome. Anyone with 4 brain cells to rub together has
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>you're really young
>you think you're being clever? Go back to elementary school
>you don't have 4 brain cells
>it's sad you have a link that says something I don't like
>it's fucking pathetic
>you're really fucking stupid
>this is a really lame fucking attempt at spinning?
Holy shit you're absolutely furious.
Go back and actually address the logic of my argument.
I'll add you as a friend, I hope you feel better.
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Holy shit you're absolutely furious.
Why? Because I think you're a mouthbreathing dimwit?
No anger here, just someone looking down on semisentient pond scum.
Go back and actually address the logic of my argument.
2 things.
1) weaving a plausible conspiracy theory is not logic.
2) my facts trump your conspiracy theory.
I'll add you as a friend, I hope you feel better.
kisses.
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If it's "just a conspiracy theory!" then it should be trivial for you to disprove. But instead your reply to me was seven insults and "nu-uh." (Ironically, you're the one claiming, without evidence, that the Hunter Biden laptop contents are a Russian conspiracy to interfere in an election. So did they deepfake him smoking crack and sniffing some young girl's feet, deepfake that phone call, deepfake those thousands of messages, or what?)
It's on that basis of your unhinged insults and personal attacks that I
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"Prove me wrong, bro!" is how conspiracy theorists think facts work.
The burden of proof is on the conspiracy theorist, not the rest of the world.
It is you who needs to assemble something other than circumstantial evidence surrounded by a dizzying mountain of uncorroborated bullshit.
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Mmhm, and I linked to it. You couldn't handle the one link, so why would I continue? Especially not with someone who's apparently having a rageaholic meltdown because someone dared disagree with his Holy opinion.
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They do not support your conclusions. I pointed out how above, and I will not repeat myself.
Claiming that I did not address them is pathetic. Do better.
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If you leave even a little wiggle room to a local official, they'll use it to make money.
That's why regulations should say "will issue" and not "may issue". Petty bureaucrats should have as little wiggle room as possible.
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Yeah, I remember reading about this stuff.
Very frankly, the NRA demonstrated extreme racism in the permitting process. IE if you were black, don't bother. In attempting to prove that it wasn't racism, they instead almost accidentally proved extreme corruption, IE bribery, to get the permits.
I mean, how else do you explain why the black woman whose ex made it a habit to write her letters from prison on his plans to rape, torture, and murder her when he got out, and for some reason said letters weren't suff
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Very frankly, the NRA demonstrated extreme racism in the permitting process.
Wait, wut? The NRA doesn't issue CCW permits, in California, or anywhere else.
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That was poorly phrased. I meant that the NRA proved in court that many/most "may issue" districts had extreme racism.
Ergo, they demonstrated that California's system was racist.
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>"Very frankly, the NRA demonstrated extreme racism in the permitting process."
What are you even talking about? The NRA doesn't issue permits. They have been fighting these corrupt and unconstitutional schemes that certain states (like California, New York, etc) have been using to prevent people from exercising their constitutional rights for many decades.
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That was poorly phrased. I meant that the NRA proved in court that many/most "may issue" districts had extreme racism.
I ended up skipping some intended words.
Ergo, they demonstrated that California's system was racist.
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Super easy.
Do what they do to the other 49 states when they don't comply with Federal demands.
Threaten to cut off road money.
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The federal government can compel California to comply with the Bruen decision the same way they compel the state to comply with The 1984 National Minimum Drinking Age Act.
In the case of the latter, any state that refused to raise the state minimum age to purchase alcohol to 21 lost part of their federal highway funding.
Start threatening to pull federal funds, and historically, states have been pretty quick to comply with the whims of the federal government.
Now, would the federal government actually go that
Re: Just once (Score:1)
The problem with that is that the current administration hates the idea of commoners having the means of self-defense. In line with thit, it has recently used a perversion of that trick by yanking federal funds from schools with shooting sports programs. In other words: "Got a skeet team? No funds for you!". Litigation over this started almost immediately.
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The Supreme Court doesn't have any way of enforcing compliance on their own. That requires the president and/or Congress to act. Biden won't lift a finger to support a pro gun ruling and Congress is too divided to get anything done.
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Re: Insider here, via a friend (Score:1)
For insight on this, look in detail at what various state and local governments did in the wake of Brown v Board of Education. TLDR: they flipped off the SCOTUS, ignored the ruling, and ramped up their unconstitutional laws and policies.
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I'm in Alameda County where there is no chance of obtaining a CCW unless you have the right political connections $$$$$$.
The basic rule is if your county is on or near the coast, you won't be getting a CCW, with a few exceptions. Go deep inland and you usually can obtain a CCW with little or no problem.
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Ironically.... (Score:2)
The bribery ultimately accomplished nothing other than getting someone a felony accusation and Apple bad publicity.
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The bribery ultimately accomplished nothing other than getting someone a felony accusation and Apple bad publicity.
Odd how those in the sheriff's office were not charged with extortion, which is really what it was.
Soliciting a bribe? (Score:2)
...the Santa Clara County undersheriff requested...
So, a public official solicited a bribe? Are they, too, being prosecuted?
Come to that, could Moyer's legal team argue "entrapment"?
Re: Soliciting a bribe? (Score:1)
Tricky. Entrapment as a defense requires that the accused to have been forced. For example "Take this cocaine to my buddy or I kill your family!" as in John Delorean's case. So a corrupt prosecutor could say "You could have just not sought a permit. The prosecution rests.".
But now that owning and carrying arms is re-recognized as a civil right, those paying the bribes could legitimately be called crime victims.
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...the Santa Clara County undersheriff requested...
So, a public official solicited a bribe? Are they, too, being prosecuted?
Come to that, could Moyer's legal team argue "entrapment"?
They investigated themselves and found that they did not commit extortion.
That's sad (Score:2)
Imagine living in such an affluent part of the world yet still being scared enough to feel the need to carry a weapon.
Re: That's sad (Score:1)
Imagine being so naive that you think you're safe because police and you live in a "good" neighborhood. As if those who can't live in such neighborhoods don't deserve the means to defend themselves. Never mind that violent crime happens not just where homes are.
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Imagine living in such an affluent part of the world yet still being scared enough to feel the need to carry a weapon.
This is the same state which has San Fransisco and Stockton.
As an European (Score:2)
This whole thing seems like a badly written surrealist novel.
NYPD License Division = Same Corruption Problems (Score:2)
Same problems in NYC with their license division and multiple corruption scandals ever since that division started.
GIFTS 4 GUNS it was called and only the wealthy and connected could get carry permits if they hire the correct fixer or expediter and pay enough bribes to them.
I dealt with the division first hand and had my residence permit issued after 8 month wait and interviews but was told not to bother trying to upgrade or apply for a carry permit as that would be impossible. I didn't want to force the i