I believe Smollette staged this, but the state should not be allowed to simply get a year's worth of his personal data without cause. This tantamounts to unlawful search and seizure and a gross violation of his right to privacy, both guaranteed by the Constitution.
As much as I disapprove of Smolette, we cannot let the state overstep it's boundaries and jurisdiction. They'll have to prove it while being compliant with the Constitution
if you were a witness or had a document that proved he was/wasn't at x place, you, as an individual, would be forced to testify. Maybe this is way overbroad but odds are that Google knows what happened, either by location data or via a search. I think Google should NOT be able to keep this data so such requests are mute by definition.
I have no problems with search and seizure that is backed by irrefutable "probable cause". But one year?!! Why not his entire life? The courts are stretching common sense definitions of "cause", and simply fishing for anything to nail him
As for Google, while I agree with you, the reality is that their business model relies on personal data, and we're none the wiser continuing to use them despite this knowledge. How many, even within the HN community, will bother transitioning away from Google, after reading this?
The supposed assault on him took place slightly more than 11 montha ago in January 2019, and there's evidence suggesting he was plotting it in advance of that date. He sued the city of Chicago claiming malicious prosecution in November. One year about covers the time period where there is definitely going to be evidence related to this.
The year is due to the possible length of planning. I have heard through some channels that they believe he has been working himself up to it for a while.
In January of 2016, he performed "Strange Fruit." In 2017, he released a music video featuring a fake Trump, "alternative facts," and a noose. I haven't dug into it myself to verify, but I had heard in 2018 he and Kamala Harris were around one another on some kind of anti-hate-crime bill rally. I am less sure on that one.
Now, I am not sure how much actual planning (detailed plotting) went into it, because as hoaxes go, it does not seem especially well-executed. Downtown Chicago as "MAGA Country" is especially far-fetched.
The entire premise of our Justice/legal system is not to nail someone at all costs, but to do it within the bounds of the law. More is obviously good for the state, but not the legal, ethical, moral way to go.
As much as I disapprove of Smolette, we cannot let the state overstep it's boundaries and jurisdiction. They'll have to prove it while being compliant with the Constitution