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Verdict

The charges were extensive, so I will follow four-point set of critera for each charge and describe my reasoning in full below.

Criteria for finding Guilt

In order to sustain a finding of guilt, this court must:

1. Determine that the Plaintiff has standing to bring suit according to CMA§III.C, part (v) or (vi)
2. Determine that the actions alleged not protected under MABOR
3. Find that the actions did occur as alleged
   • For 600.01, by preponderance of evidence
   • For 500.01, by clear and convincing evidence
4. Find that, having occurred as alleged, the actions are violations of statute for each specific charge
   • For 600.01, by preponderance of evidence
   • For 500.01, by clear and convincing evidence

Preponderance of evidence means simply that the court must find, according to the evidence, witnesses, and arguments presented, that it is more likely than not that the facts exist as described by the Plaintiff.

Clear and convincing evidence means that the court must find, according to the evidence, witnesses, and arguments presented, that it is highly and substantially more likely than not that the facts exist as described by the Plaintiff, and that I as judge have a firm belief or conviction of their factuality.

Individual charges are considered below.

600.01 - Violations of the Bill of Rights causing harm to the dignity of Jewish people in the City of Mount Augusta, through racist caricature of the Jewish people (cf. MABOR III)

1. For the purposes of this charge, I have determined that Godomasta does have standing to bring suit on behalf of the City, as the harm to dignity is described as systematic racism. Therefore, no individual being harmed is identified, but rather harm to the reputation of Jewish people in general on account of the defendant's actions is alleged. This meets the critera for CMA§III.C part (vi).

2. I have determined that racist caricatures are by their nature both deceptive and predictably harmful to the reputation of the people they portray. Therefore they are not protected by MABOR VII per the exception for deceptive speech which predictably causes harm to reputation.

3. To be clear, this trial is specifically against Figasaur, so only his actions are considered. The actions alleged clearly took place, the defense does not dispute that, the defense instead asserts that they are within their rights to take these actions. It is therefore found that these actions did occur as alleged.

4. I find by preponderance of evidence, including but not limited to witness testimony, that these actions, taken as a whole systematic effort, do violate the dignity of Jews in Mount Augusta:

   • Referring to anyone and everyone not in the "JQ" as "Goy", including many people who are themselves Jewish. The term "Goy" is considered by some Jews to be racist.
   • Referring to anyone and everyone who they dislike as an anti-Semite, implying that the knee-jerk reaction of anyone Jewish to criticism is to immediately paint them as racist against Jews. This also serves to undermine discussion of actual anti-Semitism by drowning it out with frivolous accusations.
   • Referring to specific individuals, especially in the government, who take part in actions not to their liking as Nazis, and employing edited Nazi propaganda to imply the same, again implying that all Jews respond to the smallest criticism with allegations of Nazism.
   • Making a mockery, in the eyes of some Jews, of religious practices including circumcision.
   • Publishing imagery that includes racist caricatures of Jews.
   • Drawing an equivalence between obby bombings ("Obbynacht") and the Holocaust, which is deeply offensive to many Jews.

The fact that the defendant identifies as Jewish himself is not relevant to this finding, as it would have been the same if the defendant was a non-Jew who alleged all of the above, or (as it stands) a Jew who personally demonstrates all of the above. I would also like to point out that any one of these actions, taken alone, would not be sufficient for a finding of systematic racist caricature. However, the ongoing and persistent pattern of behavior, attested by the evidence over several months, crosses the threshold for preponderance of evidence of direct harm to reputation of Jews in Mount Augusta.

To be clear, this decision is derived wholly from the law itself and not from any case precedent, such as the problematic OJD trial.

I therefore find the defendant guilty of this count.

600.01 - Violations of the Bill of Rights causing harm to reputation by degrading people in the City of Mount Augusta, for a systematic and pervasive pattern of harassment and defamation against some of its citizens. (cf. MABOR V.v)

1. For this count, I find that the Plaintiff does not have standing to bring suit for harms against individuals other than himself, as the harassment is indeed targeted at individuals rather than against a class of people with unspecified membership (as was the case in the previous charge). Therefore, only those actions that constitute harassment and defamation against Godomasta himself will be considered.

2. As above, to the extent that the defamation does predictably cause harm and is deceptive, it is not protected by MABOR.

3. As above, the defense does not dispute the facts of the allegations, only that they are within their rights and that "hurt fee-fees" are not considered by the law. While that is true, damaged reputation is considered by the law.

4. The court finds specifically that the defendant's actions in implying Godomasta is complicit in the destruction of MtA infrastructure, and in ceding sovereignty to SATO, are indeed harms to his reputation, and deception. Note that deception does not require explicit falsehoods. Misleading people to a false conclusion through true statements is also deception. The defendant's public standing is sufficient that his statements are more likely than not to have been taken seriously by at least one individual on the server and/or the subreddit, and damaged Godomasta's reputation.

Therefore, I find the defendant guilty of this count, specifically for defamation against Godomasta personally. The defendant remains open to a suit for defamation from other individuals named in this trial, as the Plaintiff did not have standing to bring suit on their behalf, and only one count of this nature was ever charged in this trial.

500.01 - Treason, for attempting to establish within Mount Augusta a supra-national entity, the "JQ", capable of independent sovereign action (cf. MACC§500.01.1, part a)

1. The Mayor has standing to bring suit for Treason.

2. To the extent that the actions alleged are deceptive and harmful to the City of Mount Augusta, they are not protected speech.

3. While the defense has taken pains to separate the JQ, the JQPA, cr0c0dile, and others from himself, this court only considers actions by the defendant himself in considering this charge. The defendant again does not deny any of the specific actions alleged, only that no proof exists, while ignoring the specific evidence presented. Therefore, I find, by clear and convincing evidence, that these actions occurred as alleged.

4. Did the actions constitute an attempt to establish a supra-national entity? Again, in aggregate, yes, absolutely. Supra-national is defined as "having power or influence that transcends national boundaries or governments." There can be no doubt that the JQ, through Figasaur's actions specifically, has established influence that transcends national boundaries. This in itself, however, is not treason. The second part of this offense must also be considered. Does the Defendant attempt to establish the JQ as capable of independent sovereign action? I find that he does. "Establish" in this clause does not mean that the defendant founded the JQ. An individual can join an organization, and through their actions, establish that organization has having some standing or capability it previously lacked. This is what the defendant has done. The defendant is intelligent enough to take no single action that crosses the line to treason, but the evidenced pattern of behavior, taken as a whole, tells another story. To wit: A single meme may be harmless. An organized campaign of propaganda is not. The defendant took actions which contribute to establishing the JQ as an entity capable of independent sovereign action. The following actions were found, by clear and convincing evidence, to have contributed to treasonous harm:

   • Claiming that the JQ (not MtA) is "winning" in international affairs.
   • Claiming that the JQ (not MtA) is "outmaneuvering" international alliances, specifically with respect to enforcement of law and pearling.
   • Claiming that members of the MtA government are subject to the control of members of the JQ.
   • Claiming that the government of MtA is not sovereign and is subservient to a foreign power (in this case SATO).
   • Most egregiously, causing at least one individual (DCHERO) to be extrajudicially pearled. The right to pearl, in particular, is a sovereign right.

I therefore find the defendant guilty of this count of 500.01 by clear and convincing evidence.

500.01 - Treason, for attempting to annex property to a foreign authority without official consent, through systematic and persistent abuse of the dereliction process (cf. MACC§500.01.1, part b.ii)

1. The Mayor has standing to bring suit for Treason.

2. To the extent that the actions alleged are deceptive and harmful to the City of Mount Augusta, they are not protected speech. In addition, to the extent that Dereliction threads create legal obligations which are burdensome to the recipients, they are similarly not protected.

3. Again, nothing has been denied by the defense. The defense claims only that the actions are not criminal. Therefore we find, by clear and convincing evidence, that the actions occurred as alleged.

4. Given that the actions have occurred, and that the defendant is attempting to establish the JQ as an independent sovereign entity, attempts to harass and systematically target individuals with derelictions are seen as attempts at annexation. As before, a single, or even a repeated dereliction attempt is not abuse. But this goes far beyond any reasonable attempt to employ the law into the realm of causing harm for gain of land. In addition, the placing of vault bastions which block reinforcement of property not belonging to the Defendant are direct annexation of property without regard to Augustan law or sovereignty. In other words, it seems the defendant is abusing Augustan law when convenient to claim or hold land, but then ignores the law by placing bastions to claim the territory for the JQ. This is annexation.

I therefore find the defendant guilty of this count of 500.01 by clear and convincing evidence.

500.01 - Treason, for attempting to cause unjustified removal from play government officials of Mount Augusta, through systematic and pervasive patterns of slander and defamation (cf. MACC§500.01.1, part c)

1. The Mayor has standing to bring suit for Treason.

2. To the extent that the actions alleged are deceptive and harmful to the City of Mount Augusta, by virtue of defamation against its government officials, they are not protected speech.

3. As above. The actions were taken by the defendant, this is not disputed, the defense only claims they are not criminal actions.

4. As above, the defendant clearly engaged in criminal defamation. The standard for this charge is not attempting illegal removal from office, but attempting unjustified removal from office. Thus, if speech is found to be illegal defamation of government officials, it can be considered an attempt to cause their unjustified removal. I find that such defamation did occur:

   • Against the Mayor, implying he caused destruction of MtA infrastructure (and thus implied unfit for office)
   • Against the Mayor, implying he had ceded authority over the city to SATO (and thus implied unfit for office)
   • Against judges HanTzu and Citylion, implying they were being manipulated by Cr0c0dile (and thus implied unfit for office)
   • Against unspecified Government officials, for being "SATO Shills"
   • Against the sitting government, implying that they will pearl and abuse extradition to suit extralegal ends
   • Against judge Citylion, portraying him as a Nazi and an enforcer of the "Thought Police"

As before, any individual one of these actions is not sufficient, on its own, to cross the threshold of clear and convincing evidence. But all of them taken together, are.

Therefore, I find the defendant guilty of this third count of 500.01, Treason, by clear and convincing evidence.

Sentencing

600.01

Sentencing guidelines for 600.01 leave the scope and extent of the sentence largely at the discretion of the Judge, with the exception that the actions do not fall under any other criminal statute. In determining sentencing, it is noted by this court that the defendant has a prior record of criminal convictions for 600.01 in two verdicts: Higgenbottoms vs. Figasaur, Cr0c (3 counts), Jonassn1 vs. Figasaur, Cr0c0dile (1 count).

While guilt is found for the crime of defaming the Jewish people through racist caricature, it is difficult to award reparations to a group in this way. Therefore, this court hereby sentences the convicted, Figasaur, to 3 weeks exile pearl, to be served after any other sentencing from this verdict.

For the second count of 600.01, no sentence is issued, on account of MACC§600.01.3.b:

b. If a judge sustains a finding of guilt, but also determines that one or more different criminal statute(s) could have applied to the same actions (or inactions), the judge will not deliver any sentence or require payment of any reparations for "600 - General Crimes."

The defamation against Godomasta, while a violation of his constitutional rights, were a component of the Treason charge for which guilt was found, and so no additional sentencing can be issued,.

500.01

The sentencing guidelines for three (3) counts of 500.01 (Treason) mandate lifetime Exile Pearl or Prison Pearl. Therefore, the court hereby sentences the convicted, Figasaur, to lifetime of Exile Pearl. In addition, The option to upgrade the pearl to Prison Pearl is left to the discretion of the government of MtA to be based solely on the availability of mana to fuel the pearl.

In total, the convicted, Figasaur, is sentenced to lifetime exile pearl plus three weeks, to be served consecutively.

Reparations

Per the request of the plaintiff, the court exercises its right under the Treason statute found in MACC§500.1.5 to declare the defendant's properties immediately derelict without the ability to contest or deny. As evidenced in this trial, the defense claims to be the owner of all properties in the JQ, and therefore this applies to all said properties. This requires a confirmation by simple majority vote from all standing judges, with the current Mayor breaking ties. For the record, I vote Aye.

No other reparations are required of the defendant.

Recourse for the Convicted

Per CMA§III.D, Retrials, if the convicted feels that the ruling or process by which the trial was conducted violated the constitutional rights of either the defendant or the plaintiff or otherwise significantly undermined fair treatment or due process under the law, they may initiate a vote to declare it a mistrial. The vote will be a simple majority of the judges (excluding myself) and the Mayor.

Similarly, per the same section of the constitution:

If there is new evidence that suggests that an individual convicted of a crime is innocent, they may demand a retrial in which any new evidence may be presented. Such a trial shall be conducted in the same way as a regular trial. If the individual is not convicted in the new trial, they shall be cleared of the crime in question and all punishments shall be lifted immediately.

Final Words

This trial has been quite lengthy, lasting nearly three weeks. It was long and complex, and both sides made ample arguments. It is unfortunate that the crimes perpetrated by the defendant had to get to this point before a conviction was possible, but the protections of the bill of rights and the burden of evidence for crime can only protect criminal activity for so long. The law is biased in favor of defendants, and rightfully so, but eventually, continued patterns of abuse will aggregate to cross that threshold and satisfy the burden of evidence. As an aside, Mayor Godomasta, while your evidence was sufficient, I strongly feel that had you been willing to invest more time, much more evidence could have been brought forward to support your arguments. However, there is something to be said in not investing more time than necessary into mineman legal proceedings, and my feelings on the matter do not add to or detract from my findings in this case.

Thank you, and Bless Augusta.