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originally posted by: CriticalStinker
a reply to: shawmanfromny
I'm glad something will be done with this. He broke the law and got away with it.
Lol to the black privilege though, that's a stretch.
He had rich privilege, knowing people privilege.
Since being created by Benjamin Franklin—yes, that Benjamin Franklin—the service has learned a few things about tracing mail-based crimes. Figuring out who mailed a letter has been made easier because, while most criminals know to wear gloves to avoid leaving fingerprints, most criminals also forget to leave their cellphones at home when they go to the mailbox.
Meanwhile, the FBI and the U.S. Postal Inspection Service has been quietly working on the origins of Smollett’s letter for nearly a month. Giving it far more “attention” than he knew.
Late Monday, CWBChicago received confirmation that the letter case has been before a federal grand jury and multiple subpoenas have been generated over the course of the investigation.
In a conversation on Feb. 8th, before police met with brothers Ola and Abel Osundairo, a leading source within the Smollett attack investigation called the hate crime a "false flag" and said “There is a direct line between (the letter) and (the purported attack)." In the same conversation, the source hinted at what was to come: "This is not a whodunit. It's a how-many-people-dunit."
Whoever mailed the letter "made an enormous mistake," we were told. Federal charges were "certain."
What About Harmless, Suspicious White Powder?
Turns out, there's a handy federal offense covering this sort of thing. 18 U.S.C. section 1038 makes it a crime to "engag[e] in any conduct with intent to convey false or misleading information [that] may reasonably be believed [to indicate] that" a biological agent is present. It also makes doing so a civil action, i.e. allows someone to sue.
Which is lawyer-talk for: no, you can't send threatening letters and add sugar, flour -- or corn starch -- to make it legal.
(a) Criminal Violation.—
(1)In general.—Whoever engages in any conduct with intent to convey false or misleading information under circumstances where such information may reasonably be believed and where such information indicates that an activity has taken, is taking, or will take place that would constitute a violation of chapter 2, 10, 11B, 39, 40, 44, 111, or 113B of this title, section 236 of the Atomic Energy Act of 1954 (42 U.S.C. 2284), or section 46502, the second sentence of section 46504, section 46505(b)(3) or (c), section 46506 if homicide or attempted homicide is involved, or section 60123(b) of title 49, shall—
(A) be fined under this title or imprisoned not more than 5 years, or both;
(B) if serious bodily injury results, be fined under this title or imprisoned not more than 20 years, or both; and
(C) if death results, be fined under this title or imprisoned for any number of years up to life, or both.
(b) Whoever, with intent to extort from any person any money or other thing of value, so deposits, or causes to be delivered, as aforesaid, any communication containing any threat to kidnap any person or any threat to injure the person of the addressee or of another, shall be fined under this title or imprisoned not more than twenty years, or both.