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Josh & Anna Smuggar: A Series of Unfortunate Events


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1 minute ago, Twopper said:

Wouldn't he have taken the bar exam over the summer?   I think it took about 4-6 weeks before I got my bar exam results back, but that was in prehistoric times. 

It seems he did take the bar exam, but didn't pass it. At least, he wasn't on the list of people who did pass the bar exam.

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16 minutes ago, quarks said:

and is a lawyer. He is not, however, an attorney

Practicing lawyer here.   Lawyer and attorney are synonmous.   He is neither one until he pasts the bar exam.   that does not mean he is completely ignorant of what is going on in the courtroom.   He just can't represent anyone.   So he could very well joke to Anna "You need a good divorce lawyer, I can find you one."  

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7 minutes ago, CherryMalotte said:

I know.  It has been way apparent to all of us that for the most part the Duggar offspring don't appreciate/understand/know how to act in normal (or not normal) situations.  He's immature for sure.  It's a shame they don't have any awareness.  But, they marry like to like, so there's another generation of idiot kids.  

You'd think this trial would be a wake up call to all of them, but then with his reactions probably not.  

I don't think they recognize the need to wake up.

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15 minutes ago, quarks said:

During the jury selection process most of them said that they weren't that familiar with the Duggars. They probably don't know who Derrick is.

If they do, which guess is more likely: Derrick showed up to support the man who molested his wife, or that Derrick showed up to watch justice served to the man who molested his wife?

If they know he's Derick, I think the initial gut reaction would be looking for justice. And if he was sitting by himself, I would definitely think that. But he's not. Derick is sitting elbow to elbow with the defendant's wife, so IMO, that certainly could be seen as support. Or at the very least, will feel confusing to the jurors.

And if he's just a man in a suit, I can't see any reason why he wouldn't be seen as support.

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9 minutes ago, Rootbeer said:

Someone here suggested looking at this as being like rowhouses.  They share walls, but each has a separate entrance and is completely contained within its walls.  So, you can enter your townhouse through your own door, but your neighbor in the next unit doesn't see you and doesn't know you're there.

Everything I know about partitions, I learned from this thread, feel free to correct me.  Thanks to all the brilliant folks here who have so kindly educated all of us about this stuff.

I think it's more like a timeshare. It's the same building (hardware) but different people are occupying it (operating system) at different times. When the system is booted into Linux, the Windows partition isn't accessible. It's not running behind a hidden wall, it's only one operating system running at a time.

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11 hours ago, Lukeysboat said:

My (adult) daughter was distraught and just blurted out to me what I’m assuming is the shocking information from the Sun about one of the children. If you haven’t read it, please don’t. My stomach hurts and I honestly feel like I could throw up. What a sick bastard he is. 

i accidentally heard some details on insta last night from WOACB.....didnt realize it was a video.  i had a difficult time falling asleep and it was first on my mind this morning. something i will never forget.  how could you if you had any decency in you? this is so beyond the pale that i am just trying to process that there is that kind of evil in the world. 

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1 hour ago, tnvolgrl said:

So I am apparently computer stupid....what the heck is a partition?

It's a part of a hard drive.  Josh's desktop computer at work had one hard drive with windows installed on it.  Let's say it was a 1 Terabyte hard drive.  Using a flavor (version) of Linux, Josh created a division on the hard drive, so that now, there are two partitions, one 500 GB and one 500 GB.  I'm just throwing numbers out.  It could be 400 GB and 600 GB.  So now, the Windows Operating system boots up and only has 500 GB of storage.  It literally can't "see" the other 500 GB because that now belongs to the Linux Operating system.   This is why Covenant Eyes didn't report Josh's activity.  He knew that CE doesn't work on Linux and the program had no idea Linux was installed on the computer.   So when they refer to partition, they are referencing the Linux side versus the Windows side.  I hope that helps.

 

Edited by hathorlive
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The other thing to remember about this particular type of computer partition is that they are completely separate operating systems, which means that only one can be "on" at a time.  On the type of computer we are talking about here, you can't be working along on your windows work partition and someone else is remotely logged into your linux partition doing something at the same time.  To change the "active" partition, you have to reboot the computer and then at the boot menu select the other partition as the one you want to use.   High end servers have the ability to do this sort of OS-change reboot remotely.  Consumer systems like the car lot had, do not without very obvious modifications, and again, both the hypothetical remote user and the local user (Josh) would have to be logged into the same side, so the remote user defense falls apart here.

It is possible to "mount" the other-os partition so that you can see the files contained in it, but you can't actually run the programs that live over there (like Tor or BitTorrent) to be able to find and download new material without being fully booted into it because the program is essentially written in another language.  So even in this possible situation where the active side can see the inactive side, no one is downloading bad stuff over on that side while "innocent" Josh is working on the windows side because the programs literally cannot run like that.  There is also no evidence presented so far to indicate that the machine was configured this way in this particular case, and I'd think doing so would make evading the Covenant Eyes program harder because if the user can see the bad files, then you run the risk that the program can too. 

 

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11 minutes ago, peppergal said:

So even in this possible situation where the active side can see the inactive side, no one is downloading bad stuff over on that side while "innocent" Josh is working on the windows side because the programs literally cannot run like that. 

Yes and also key for the prosecutions case is that no one could have remotely downloaded these images onto the partitioned side running the Linux OS (with or without knowledge of someone in the office watching the windows side of things).The defense claims that the feds didnt analyze the "open router" and didn't look at the possibility of someone downloading remotely. Josh's internet service was not password protected - hence their "creepy guy at Mcdonalds" theory or Caleb Williams is loading things remotely from afar (takeover theory). However the witness yesterday said that they didn't need to examine the router to see if this was possible - because in this case the images were on the partitioned and password protected part - which could only be accessed when someone was physically present. Josh has been shown to be physically present at the time of the download.

My question though is why. If the computer was actually taken over remotely, why can't they just enter the password and access the partioned side. Will the defense  have someone to refute the federal experts claim?

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1 hour ago, merylinkid said:

Practicing lawyer here.   Lawyer and attorney are synonmous.   He is neither one until he pasts the bar exam.   that does not mean he is completely ignorant of what is going on in the courtroom.   He just can't represent anyone.   So he could very well joke to Anna "You need a good divorce lawyer, I can find you one."  

Retired lawyer here. That ^^ is my take on it too. I can't call myself a lawyer unless I have been admitted to practice. I was admitted to practice years ago, and have placed my law license in "inactive" status because I'm no longer working as a lawyer. However, my license still exists and is in good standing, and I can re-activate it if I want to (I don't, lol). 

So because I still hold my law license but am not using it to work as a lawyer, I call myself a "retired" lawyer. I could say "inactive" lawyer if I wanted to, I suppose.

If I gave up my law license entirely or it was taken from me by disbarment: I'd be a "former lawyer."

Derick is a recent law school grad. He holds a Juris Doctor (JD) degree. But he's not yet admitted to practice as a lawyer so I wouldn't call him one. 

Short version: to be any kind of "lawyer," active or not, current or not, you first have to hold a law license, and Derick's not there yet.

Edited by Jeeves
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4 minutes ago, Tuxcat said:

Yes and also key for the prosecutions case is that no one could have remotely downloaded these images onto the partitioned side running the Linux OS (with or without knowledge of someone in the office watching the windows side of things).The defense claims that the feds didnt analyze the "open router" and didn't look at the possibility of someone downloading remotely. Josh's internet service was not password protected - hence their "creepy guy at Mcdonalds" theory or Caleb Williams is loading things remotely from afar (takeover theory). However the witness yesterday said that they didn't need to examine the router to see if this was possible - because in this case the images were on the partitioned and password protected part - which could only be accessed when someone was physically present. Josh has been shown to be physically present at the time of the download.

My question though is why. If the computer was actually taken over remotely, why can't they just enter the password and access the partioned side. Will the defense  have someone to refute the federal experts claim?

This the problem with simplified answers.  If Josh was running the computer in Linux and left work with the computer on, then yes, if the Linux side was set up for remote access, a person could remote into it.  But you can NEGATE all those theories the defense is promoting by simply examining the remote desktop settings in Windows and the remote access settings in Linux.  I don't know why they did not do this.  We knew the defense was going to throw this out.  They should have gone back and looked at the network settings before testifying.  It nips all that BS in the bud.

The prosecution would have you believe that Josh only booted up the computer in Linux, downloaded his naughty stuff, then turned off the computer when he left for the day. I never turn my computers off. Never.  Not at work.  Not at home.  If Josh always turned his computer off, there's a chance maybe he was in a hurry and didn't turn it off once.  So why not rule out remote access under any situation for court?  This is the deficiency of my discipline in that we don't tend to look at remote access because we do dead box forensics.  People who do incident response forensics (DFIR) are the ones who tend to look at how people come in over the network.  I took a 2 week training class from SANS and remote access and lateral movement between computers on networks was all we looked at.

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1 minute ago, SMama said:

It’s the truth. 👍

God knows, someone has to the call these vile human beings out.  How can so many people in one family be so tone deaf, insensitive, and yet claim to be Christians?  I hope they are building a special, large place in hell for all these hypocrites. 

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18 minutes ago, CouchTater said:

Woah, Amy is leaving the ambiguity behind with her tweets now, I guess.

In this isolated case, I’m ok with Amy tweeting this. Cause it was completely disgusting. I don’t care if they hadn’t heard the specifics. They know that Josh is on trial for downloading pictures of kids being abused. 

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2 minutes ago, GeeGolly said:

I'm afraid to open the Sun link because of the graphic details. Are those details easy enough to avoid?

The main  running commentary with the photos we've been seeing doesn't go into much more detail than "pictures were shown to the jury"  You have to follow the links to get anything more explicit.

 

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Fair enough on the lawyer/attorney thing - I know most Americans use the terms interchangeably.

Coming to this from the entertainment industry perspective, though, I have totally lost count of the number of people I've encountered who claim to be lawyers and brag about their JDs from Harvard/Stanford/whatever and then, when asked for legal advice, squeak, oh, I can't say anything! I'M NOT AN ATTORNEY. I honestly figured this was just the usual Hollywood detachment from reality thing, with some backup from internet dictionaries, until I saw posters here who were saying something similar. So good to know that it is just the typical Hollywood detachment from reality and working attorneys are like say what now?

And speaking of detachment from reality, I admit to wondering which Duggars/Duggarlings/Duggar adjacents will be showing up today.

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7 minutes ago, SusannahM said:

In the above picture he still looks like he's smirking behind that mask, she, on the other hand looks shell shocked.

Well, if he's stupid enough to still smirk he might as well get his smirking in now. I don't think he'll be doing much of that for at least the next five years or so.  

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3 minutes ago, absnow54 said:

Apparently Derrick is sitting with Anna again. If you'd told me a week ago that Derrick would be Anna's primary support person throughout the trial, I'd never have believed it. 

Sun article also indicates Austin was initially in the front row with Anna and Derrick today (first time this week) but then got up and moved to the back where Joy sat (presumably because there was no room up front)

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