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Houston tycoon finds himself in the cross hairs
Houston Chronicle -NYTimes of the South ^ | July 19, 2007, 6:34AM | TOM FOWLER

Posted on 07/19/2007 10:24:04 AM PDT by TexasCajun

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To: TexasCajun
Sorta like going to Canada, buying and smoking a couple of Cuban cigars (legally) then being federally prosecuted upon your return for breaking the Cuban embargo.

Actually you could be prosecuted for violating US law in another country. However, in this case he is being prosecuted for violating Russian law in Russia rather than violating US law.

The prosecutors are apparently trying to make an end run around that by charging him with breaking a US law, but for his actions to be illegal in the US he had to have first broken the Russian law, with which he has not been even charged. However, despite him not being charged, tried, or convicted of illegally shooting these animals, the US now wants to charge him with a felony for transporting illegally captured animals.

The missing piece is that it has not been established in a court of law that they were captured illegally, and since it isn't a US law, the US government lacks the authority to try him for that alleged crime.

41 posted on 07/19/2007 11:50:37 AM PDT by untrained skeptic
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To: Alter Kaker

Liddy may be a RINO, but she did the right thing on Immigration, so she’s not on my hate-list at the moment.


42 posted on 07/19/2007 11:54:53 AM PDT by Jack Black
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To: untrained skeptic
Public Law 92-159, approved November 18, 1971 (85 Stat. 480) and subsequently amended by P.L. 92-502, approved October 28, 1972 (86 Stat. 905) added to the Fish and Wildlife Act of 1956 a new section 13 (16 U.S.C. 742j-l), which is commonly referred to as the Airborne Hunting Act or Shooting from Aircraft Act, prohibits shooting or attempting to shoot or harrassing any bird, fish, or other animal from aircraft except for certain specified reasons, including protection of wildlife, livestock, and human life as authorized by a Federal or State issued license or permit. States authorized to issue permits are required to file reports with the Secretary of the Interior containing information on any permits issued.

"Actually you would have broken the laws of the United States. Those things are illegal here in the United States and as a US citizen, you can be prosecuted here in the US for doing such things outside the US.

However, shooting such animals from a helicopter isn't illegal here. It may not be very sporting, but it's not illegal here."

I await your response with eager anticipation.

43 posted on 07/19/2007 12:03:31 PM PDT by jonascord (Hurrah! for the Bonney Blue Flag that bears the Single Star!)
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To: TexasCajun


Here in Texas I know they shoot from helicopters trying to control feral hogs. That is more about trying to control their population and not considered hunting. They also use helicopters around here for rounding up herds of black buck antelope which seem to thrive here. I know they helicopter hunters into remote locations for Deer and Mountain goat hunting but it's not legal to shoot game from a helicopter as far as I know.
44 posted on 07/19/2007 12:09:02 PM PDT by Liberty Valance (Keep a simple manner for a happy life :o)
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To: jonascord
...prohibits shooting or attempting to shoot or harrassing any bird, fish, or other animal from aircraft...

I await your response with eager anticipation.

I stand corrected! It sounds like they may have a basis in our law for saying that the animals were illegally captured, which contradicts my argument. Thanks for pointing out my error.

45 posted on 07/19/2007 12:13:05 PM PDT by untrained skeptic
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To: jonascord

He is not being charged in Russia - and secondly, you do realize that when you eat meat that it came from an animal that was ummm... killed don’t you?


46 posted on 07/19/2007 12:14:40 PM PDT by expatguy (Support - "An American Expat in Southeast Asia")
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To: TexasCajun

One story after another of corrupt prosecutors. Nifong is the tip of the iceberg.


47 posted on 07/19/2007 12:24:50 PM PDT by stinkerpot65 (Global warming is a Marxist lie.)
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To: Liberty Valance
AIRCRAFT may not be used to hunt any animal or bird unless authorized by the department.

2007-2008 Texas Hunting Regulations
Page 55

48 posted on 07/19/2007 12:26:47 PM PDT by TexasCajun
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To: Orange1998
It’s said he has over 3500 mounts

He's known as the Wilt Chamberlain of hunting...

49 posted on 07/19/2007 12:27:00 PM PDT by ErnBatavia (...forward this to your 10 very best friends....)
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To: expatguy
We are talking about someone who CLAIMS to be a "hunter", not a butcher.

This peckerless little pissant sociopath spent millions on "hunting trips", paying extra to be sure he shot "trophies" that would be in Boone and Crockett, when he could have gotten off his gun by going to Iowa Beef with a sledge hammer and smacking cows between the eyes.

50 posted on 07/19/2007 12:28:46 PM PDT by jonascord (Hurrah! for the Bonney Blue Flag that bears the Single Star!)
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To: TexasCajun

Many of these posts look like a DU convention here.
Point #1.
Only operative purpose of original posting to show misapplied law which is moot since outside US jurisdiction.

Unless Endangered species with mutual country agreements in place (treaties) then all Wasted paperwork and mismanagement of tax $ .

Point #2
“Sport” ….. many of you have been brainwashed if you think hunting should be sporting. Very unethical to make a game of killing animals. Killing for food, protection of self or property about only ethical reasons.

To kill game (please don’t use words “harvesting” /”taking” –like saying fetus vs baby.)

The real hero in a River Runs Thru It, is the guy who uses the can of worms.


51 posted on 07/19/2007 12:32:06 PM PDT by urtax$@work (we have faced tenacity before....& The Best kind of Memorial is a BURNING Memorial)
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To: Alter Kaker
Apropos of nothing, Dan Duncan is one of the top fundraisers nationally for RINOs

It's probably apropos of everything...what's the prosecutor's connection to Hillary's campaign?

52 posted on 07/19/2007 12:34:58 PM PDT by Mr. Jeeves ("Wise men don't need to debate; men who need to debate are not wise." -- Tao Te Ching)
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To: urtax$@work
Damn! What are they teaching you Aggies these days!

You compare hunting game animals to abortion?

Hunting is a sport sport! ..when done legally!

You sound like some tree-hugger PETA type.

53 posted on 07/19/2007 12:38:23 PM PDT by TexasCajun
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To: untrained skeptic

Sorta like going to Canada, buying and smoking a couple of Cuban cigars (legally) then being federally prosecuted upon your return for breaking the Cuban embargo.

Actually you could be prosecuted for violating US law in another country


So are you saying it is illegal for a US citizen to purchase and smoke a Cuban cigar in Canada?


54 posted on 07/19/2007 12:53:52 PM PDT by chaosagent (Remember, no matter how you slice it, forbidden fruit still tastes the sweetest!)
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To: jonascord

That’s actualy NOT the case. U.S. law only applies in territories where the U.S. has JURISDICTION. The U.S. has no JURISDICTION for acts commited solely on RUSSIAN soveriegn soil. The U.S. has no legal authority to prosecute you for something like that. You could go to Russia and kill a Russian citizen and no U.S. court could prosecute you for it..... They could however extradite you to a Russian court to do so. The same reason why a California court cant properly prosecute you for violating a California State statue for act commited solely in Texas
(i.e. if pheasant season in CAL runs from Oct. to Dec. and you shoot a pheasant in TX in Feb., CAL can’t prosecute you for poaching.... it’s TX law that governs in TX.)

NOTE: The crime he is being charged with is NOT hunting illegaly from an aircraft in Russia. That is because the U.S CANNOT charge him with that crime, it lacks proper jurisdiction. The crime he IS being charged with is BRINGING ILLEGALY TAKEN ANIMALS INTO THE U.S.,..... that’s where the U.S. gets it jurrisdiction...when he brings something onto U.S. territory..... the absurdity is that there is absolutely ZERO evidence that what he brought in was illegaly taken.... since there isn’t even a criminal complaint filled in Russia... which make the whole thing pretty evident as some sort of witch hunt.


55 posted on 07/19/2007 12:54:03 PM PDT by Grumpy_Mel (Humans are resources - Soilent Green is People!)
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To: org.whodat
Well I have a complaint, Dan Duncan you are a POS. If you cannot pursue the game on the ground don't kill the game and call yourself a hunter

Agreed but, prosecuting this in the United States is ridiculous. Did Nifong get his license back and is practicing in Virginia.

56 posted on 07/19/2007 12:59:06 PM PDT by cpdiii (Pharmacist, Pilot, Geologist, Oil Field Trash and proud of it.)
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To: jonascord
I understand your anger, but is the method that he used to kill the animal some sort of justification on your part to prosecute the man in the United States for something that he did overseas?

I might not agree with how he killed the animal, but I really dont think the US government has any right to prosecute this man for something he did overseas - and because of that - I would defend him.

57 posted on 07/19/2007 1:00:47 PM PDT by expatguy (Support - "An American Expat in Southeast Asia")
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To: expatguy
Personally, I feel the charges are lame, and he will, no doubt, walk.

It's the condemnation by his peers that I would like to see. To have his coffee mug at the Safari Club ritually smashed, all of his stuffed heads sprayed with yellow paint and shipped back to him, all entries of his in the record books deleted, and his Boone and Crockett membership form red-exed and mailed to him.

Think of how it would be if, every time he walked into his club, he would be asked if he had slaughtered any kittens recently. Justice is not always "due process."

58 posted on 07/19/2007 1:15:21 PM PDT by jonascord (Hurray! for the Bonny Blue Flag that bears the Single Star!)
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To: Grumpy_Mel

Yes, I smell a witch hunt.

Shooting from the air or from moving vehicles is wrong, but this prosecution is also wrong.

I don’t know if Mr. Duncan is a major GOP donor, but look for such people to be targeted for prosecution by Rat DA’s, or even Rats on the staffs of DA’s, as we move into ‘08.


59 posted on 07/19/2007 1:19:27 PM PDT by California Patriot ("That's not Charley the Tuna out there. It's Jaws." -- Richard Nixon)
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To: jonascord

You’re creative!

Just curious: Have any of these things been done to people who violated hunting ethics?


60 posted on 07/19/2007 1:21:23 PM PDT by California Patriot ("That's not Charley the Tuna out there. It's Jaws." -- Richard Nixon)
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