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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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As in: the state breaks it's own laws, and it wouldn't be the first time, ain't it?