Subway's Jared Pleads Guilty to Child Pornography

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Foggy
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Re: Subway's Jared Pleads Guilty to Child Pornography

#276

Post by Foggy » Thu Nov 19, 2015 5:02 pm

Whoa, I guess I better stop losing weight. Don't want to end up like him!


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gatsby
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Re: Subway's Jared Pleads Guilty to Child Pornography

#277

Post by gatsby » Thu Nov 19, 2015 5:03 pm

I luv me a Subway Veggie Delites sandwich with pepperjack and all the veggies, salt and pepper, and vinegar and oil. Just had one a week ago, so Jared hasn't changed my view of Subway.



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Re: Subway's Jared Pleads Guilty to Child Pornography

#278

Post by Sterngard Friegen » Thu Nov 19, 2015 5:40 pm

RoadScholar wrote:Well, he didn't kill and eat them afterward, thus combining his two major maladjustments. So there's that. 8-)
Well, based on the advertising, he was having others prepare his sandwiches for him.



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Re: Subway's Jared Pleads Guilty to Child Pornography

#279

Post by Whip » Thu Nov 19, 2015 7:14 pm

Foggy wrote:Whoa, I guess I better stop losing weight. Don't want to end up like him!
it's why I go to Blimpie instead.



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Re: Subway's Jared Pleads Guilty to Child Pornography

#280

Post by Whip » Thu Nov 19, 2015 7:15 pm

gatsby wrote:I luv me a Subway Veggie Delites sandwich with pepperjack and all the veggies, salt and pepper, and vinegar and oil. Just had one a week ago, so Jared hasn't changed my view of Subway.
as long as you didn't eat it in a school zone you should be fine.



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Re: Subway's Jared Pleads Guilty to Child Pornography

#281

Post by TollandRCR » Thu Nov 19, 2015 7:43 pm

Salon Sep. 10, 2013 Richard Dawkins defends “mild pedophilia,” says it does not cause “lasting harm”
“I am very conscious that you can’t condemn people of an earlier era by the standards of ours. Just as we don’t look back at the 18th and 19th centuries and condemn people for racism in the same way as we would condemn a modern person for racism, I look back a few decades to my childhood and see things like caning, like mild pedophilia, and can’t find it in me to condemn it by the same standards as I or anyone would today,” he said.
I am very conscious that I can and will condemn people of an earlier era for racism, sexism, and other forms of discrimination. I will do so even if "everybody did it." The Framers were both sexist and racist.


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Re: Subway's Jared Pleads Guilty to Child Pornography

#282

Post by ZekeB » Thu Nov 19, 2015 7:47 pm

So if he gets fat in jail will his pedophilia go away? Perhaps there is a cure, Stern.


Vím o prasatech hodně zajímavých věcí.

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Re: Subway's Jared Pleads Guilty to Child Pornography

#283

Post by magdalen77 » Thu Nov 19, 2015 10:15 pm

I don't like Subway. They use cheap cold cuts and cheese and IMHO they taste yucky.



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Re: Subway's Jared Pleads Guilty to Child Pornography

#284

Post by Dr. Kenneth Noisewater » Fri Nov 20, 2015 1:50 pm

SueDB wrote:
Mr. Gneiss wrote:
Sterngard Friegen wrote:Yup, Jared Fogle's defense was Subway let me lose weight and turned me into a pedophile. Fogel is the gift who keeps giving to his former employer. An employer who knew years ago he was weird and should have quietly severed ties with him.

Fogle is getting a lot of time. Sadly, it will not cure his permanent mild* pedophilia.
FIFY * According to his psychiatrist
Therefore eating Subway Sandwiches turns you into a pedophile over time. Great Advertising. :doh:
It's no wonder the CMO Tony Pace jumped ship. How can you advertise against that?



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Jared Fogle... Sovereign Child Molester?

#285

Post by Flatpointhigh » Tue Nov 14, 2017 4:58 pm

https://www.washingtonpost.com/news/tru ... hail-mary/
Former Subway pitchman Jared Fogle has tried to argue that he’s a “sovereign citizen,” claiming a federal court that convicted him on child pornography and sexual conduct involving minors did not have the authority to do it.

Fogle filed a motion on his own earlier this month in U.S. District Court in the Southern District of Indiana, saying he wanted to correct an “error” regarding subject matter jurisdiction in the case.

His defense?

That he is a sovereign citizen — a group the FBI calls “a domestic terrorist movement,” believing “federal, state, and local governments operate illegally.” In his motion, Fogle pointed to a “friend of the court” brief that was previously filed by a fellow inmate in the same federal prison, stating, “whether a judicial judgment is lawful depends on whether the sovereign has authority to render it.”

Fogle’s argument was thrown out.
:eek2:



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Re: Subway's Jared Pleads Guilty to Child Pornography

#286

Post by RoadScholar » Tue Nov 14, 2017 9:31 pm

Say it ain't so.


The bitterest truth is healthier than the sweetest lie.

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Re: Subway's Jared Pleads Guilty to Child Pornography

#287

Post by SLQ » Tue Nov 14, 2017 11:50 pm

He's been hangin' around with the wrong crowd in prison.



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Re: Subway's Jared Pleads Guilty to Child Pornography

#288

Post by Flatpointhigh » Wed Nov 15, 2017 11:51 am

SLQ wrote:
Tue Nov 14, 2017 11:50 pm
He's been hangin' around with the wrong crowd in prison.
ya think?



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Re: Subway's Jared Pleads Guilty to Child Pornography

#289

Post by Fortinbras » Wed Nov 15, 2017 12:02 pm

Could someone please post or link to a copy of Jared's pleadings?



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Re: Subway's Jared Pleads Guilty to Child Pornography

#290

Post by JohnPCapitalist » Wed Nov 15, 2017 12:11 pm

Fortinbras wrote:
Wed Nov 15, 2017 12:02 pm
Could someone please post or link to a copy of Jared's pleadings?
Here's an article on the site of journalist Tony Ortega: https://tonyortega.org/2017/11/15/jared ... ed-appeal/

Tony is the leading journalist covering Scientology, and his site is by far the biggest source of current information about the cult. He wrote about Fogle because the jailhouse lawyer who crafted this dreck is an "independent Scientologist," a former cult member who believes that L. Ron Hubbard's self-help quackery is the best thing ever, and only the cult organization is evil.

Tony makes the point that Fogle's filing is not "full sovereign" the way that many are, though I note that it does talk about Article III courts, and it tries to claim that Fogle didn't have the necessary intent to travel across state lines to support a federal charge of underage sex. Fogle's filing advances the odd theory that since his employer paid for his expenses and Fogle was just doing his job, he couldn't have possibly had the intent to get a little frisky with the kiddies on his own time.

This is like trying to mount a defense to bank robbery by claiming that you were exercising your legitimate second amendment right to walk into a bank carrying a semi-automatic rifle, and you were asking for donations to help with living expenses; it's not your fault that the teller chose to generously contribute the bank's funds rather than her own to your cause.

Of course, the Real Fogbow Lawyers will be able to analyze this correctly, but IMHIANALO, appears that Fogle's filing completely ignores any legal standard for what constitutes intent to cross state lines to commit child sexual abuse; I'm assuming that this is the fatal and obvious flaw that caused the judge to toss it with what seems like a bit of a (deserved) benchslap.



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Re: Subway's Jared Pleads Guilty to Child Pornography

#291

Post by neeneko » Wed Nov 15, 2017 12:21 pm

JohnPCapitalist wrote:
Wed Nov 15, 2017 12:11 pm
This is like trying to mount a defense to bank robbery by claiming that you were exercising your legitimate second amendment right to walk into a bank carrying a semi-automatic rifle, and you were asking for donations to help with living expenses; it's not your fault that the teller chose to generously contribute the bank's funds rather than her own to your cause.
Hrm.

Wouldn't it be closer to going on a business trip then, after your meeting, deciding to rob a bank for fun? Still a crime, but one can argue if one cross state lines TO commit the crime vs crossed state lines THEN committed the crime.



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Re: Subway's Jared Pleads Guilty to Child Pornography

#292

Post by Fortinbras » Wed Nov 15, 2017 8:38 pm

Here is the court decision issued this week:
- - - - - - -


UNITED STATES OF AMERICA, Plaintiff, v. JARED S FOGLE, Defendant.

Case No. 1:15-cr-00159-TWP-MJD

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF INDIANA, INDIANAPOLIS DIVISION

2017 U.S. Dist. LEXIS 185035

November 8, 2017, Decided


COUNSEL: For UNITED STATES OF AMERICA, Plaintiff: Steven D. DeBrota, UNITED STATES ATTORNEY'S OFFICE, Indianapolis, IN USA.

JUDGES: TANYA WALTON PRATT, United States District Judge.
OPINION BY: TANYA WALTON PRATT

OPINION
ORDER DENYING MOTION TO CORRECT CLEAR ERROR


Defendant Jared Fogle's frivolous pro se Motion to Correct Clear Error Pursuant to Rule 52(b), Dkt [110], is denied. Fogle challenges the Court's subject matter jurisdiction over him.

On November 19, 2015, Fogle, represented by retained counsel Andrew Richard DeVooght, Jeremy Margolis, and Ronald E. Elberger, entered a plea of guilty to and was sentenced on Count 1, Conspiracy to Distribute/Receive Child Pornography and Distribution/Receipt of Child Pornography in violation of 18 U.S.C. § 2252(a)(2) and Count 2, Traveling and Attempting to Travel in Interstate Commerce to Engage in Illicit Sexual Conduct with a Minor, in violation of 18 U.S.C. §§ 2423(b) and (e). On July 1, 2016, Fogle's conviction and 188 month sentence were affirmed on appeal in United States v. Fogle, 825 F.3d 354 (7th Cir. 2016). Title 18 U.S.C. § 3231 provides that the district courts of the United States shall have original jurisdiction exclusive of the courts of the states on all offenses against the United States. The district court clearly had subject matter jurisdiction over Fogle's criminal proceedings.

In challenging the Court's jurisdiction, Fogle states that he "relies on Document #106, pages 1-23 filed on 9/21/2011 with this court." Dkt. [110] at 2. Document No. 106 is a Motion to Enter Amicus Curiae Brief filed by Frank Edwin Pate, an inmate at the same prison where Fogle is housed. Pate's filing contends the district court lacks subject matter jurisdiction over Fogle and states: "whether a judicial judgment is lawful depends on whether the sovereign has authority to render it." Dkt. [106] at 4. If Fogle is now claiming to be "sovereign", the Seventh Circuit has rejected theories of individual sovereignty, immunity from prosecution, and their ilk. See United States v. Burke, 425 F.3d 400, 408 (7th Cir.2005); United States v. Hilgeford, 7 F.3d 1340, 1342 (7th Cir.1993) (rejecting the "shop worn" argument that a defendant is a sovereign and is beyond the jurisdiction bounds of the district court); United States v. Sloan, 939 F.2d 499, 500-01 (7th Cir.1991); United States v. Schneider, 910 F.2d 1569, 1570 (7th Cir.1990) (describing defendant's proposed "sovereign citizen" defense as having "no conceivable validity in American law"); United States v. Phillips, 326 Fed. Appx. 400 (7th Cir.2009) (dismissing jurisdiction arguments as frivolous because federal courts have subject matter and personal jurisdiction over defendants brought before them on federal indictments alleging violations of federal law). The Seventh Circuit has instructed that these theories should be rejected summarily, however they are presented. U.S. v. Benabe, 654 F.3d 753 (7th Cir. 2011).

Regardless of his theory, Fogle's challenge of this Court's jurisdiction is rejected and his Motion to Correct Clear Error Pursuant to Rule 52(b), Dkt. [110] is DENIED.

SO ORDERED.
Date: 11/8/2017

TANYA WALTON PRATT, JUDGE
United States District Court
Southern District of Indiana

- - - - - - - - - -



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Re: Subway's Jared Pleads Guilty to Child Pornography

#293

Post by Sam the Centipede » Thu Nov 16, 2017 3:57 am

neeneko wrote:
Wed Nov 15, 2017 12:21 pm
JohnPCapitalist wrote:
Wed Nov 15, 2017 12:11 pm
This is like trying to mount a defense to bank robbery by claiming that you were exercising your legitimate second amendment right to walk into a bank carrying a semi-automatic rifle, and you were asking for donations to help with living expenses; it's not your fault that the teller chose to generously contribute the bank's funds rather than her own to your cause.
Hrm.

Wouldn't it be closer to going on a business trip then, after your meeting, deciding to rob a bank for fun? Still a crime, but one can argue if one cross state lines TO commit the crime vs crossed state lines THEN committed the crime.
I haven't read the whole thing but your (neeneko) characterization of the argument seems close. Clearly the perp being out of state doesn't make a crime automatically a federal issue, so there's probably a fuzzy boundary about how interstatey and how commercey the crime must be. Fogle is a serial pedophile, so perhaps there's an element of him knowing he'd be on a business trip to a different territory and therefore planning to get himself some fresh kiddystuff there.

So with your example, a couple of guys go on a legitimate business trip to another state. While there, they suddenly decide "hey! the bank here is easy! let's rob it!" and they do it. Seems like a state crime. Is it different if the guys met up before the trip and one said "hey! the bank here is easy! let's rob it after our business meeting!" and they do it?

I imagine that similar - and more carefully contrived and subtly intricate scenarios - are basic law school exercises on federal/state jurisdiction.



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neeneko
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Re: Subway's Jared Pleads Guilty to Child Pornography

#294

Post by neeneko » Thu Nov 16, 2017 10:03 am

In case anyone is interested, here is another reading/breakdown of the filing:

Lawful Masses with Leonard French - Jared Fogle: Sovereign Citizen



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Re: Subway's Jared Pleads Guilty to Child Pornography

#295

Post by Fortinbras » Thu Nov 16, 2017 1:13 pm

Frank Pate, who worked up that very neatly typed* amicus brief for Fogle, is a fellow inmate - a Scientologist who was nailed for running a ponzi swindle. I wonder if/I expect that ... he charged Fogle (in money, cigarettes, or something) for writing that brief.

* Neatly typed on an old-fashioned typewriter - very impressive - but Pate's citation of court decisions is
spectacularly bad style. His citation style follows absolutely no style sheet ever used by lawyer. Even if
Pate doesn't put his name on the pleadings, his eccentric citation style would be a dead giveaway.



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