As in: the state breaks it's own laws, and it wouldn't be the first time, ain't it?
Look at all the "novel legal theories" being used against Trump right now. That means they know it's not really meant to be a crime, but they're going to call it one anyway.
We're in an era of lawfare and anarcho-tyranny. If you're inconvenient to the regime, they're going to try to deal with you, one way or another.
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You should make a thorough post about that, I'd royally ⚡ the absolute shit out of it.
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