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Linda R. Monk, J.D. - Rahm Is Done: It’s a Crime, Stupid!
USA Trends ^ | May 29, 2010 | Mike Lee

Posted on 05/29/2010 8:51:44 PM PDT by 2ndDivisionVet

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To: 2ndDivisionVet
Why is Blago on trial? Maybe snarlin Arlen Spector can be the special prosecutor????
41 posted on 05/30/2010 12:42:11 AM PDT by Just mythoughts
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To: 2ndDivisionVet
18 U.S.C. § 600 — Promise of employment or other benefit for political activity Whoever, directly or indirectly, promises any employment, position, compensation, contract, appointment, or other benefit, provided for or made possible in whole or in part by any Act of Congress, or any special consideration in obtaining any such benefit, to any person as consideration, favor, or reward for any political activity or for the support of or opposition to any candidate or any political party in connection with any general or special election to any political office, or in connection with any primary election or political convention or caucus held to select candidates for any political office, shall be fined under this title or imprisoned not more than one year, or both.
You do have to interpret a decision by Sestak not to run for Senate as a political activity or "opposition to any candidate" - namely Sestak himself - but otherwise the statute is pretty clear. And encompassing.
If only the Attorney General knew about this . . .

42 posted on 05/30/2010 1:30:21 AM PDT by conservatism_IS_compassion ( DRAFT PALIN)
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To: tet68

>>Then he’ll start throwing citizens under the bus.<<

He’s been doing that since Day One! What happens when he runs out of citizens to throw under the bus? Probably move to China.


43 posted on 05/30/2010 2:26:27 AM PDT by NTHockey (Rules of engagement #1: Take no prisoners)
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To: 2ndDivisionVet; All
You can bet specter knew this was gonna happen when it happened and probably asked them to do it.

Conspired one might say.

44 posted on 05/30/2010 2:30:35 AM PDT by DainBramage
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To: 2ndDivisionVet

“But it’s a felony, and it still counts”

It only counts if it was done by a conservative.


45 posted on 05/30/2010 3:29:20 AM PDT by freeangel ( (free speech is only good until someone else doesn't like what you say))
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To: 2ndDivisionVet
“The unnecessary coverup, it turns out, is always worse than the non-crime.”

Hypocritical liars! The job of the press is to report the truth without bias. Treat the story the same regardless of party (I know; fantasy). FoxNews and other 'fair and balanced' media should make a story of the excuse-making liberal media over this Sestak coverup. I have a two-word reply to this incredible line from the Wa(com)Po(st) ....

Scooter Libby

46 posted on 05/30/2010 4:56:42 AM PDT by Servant of the Cross (the Truth will set you free)
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To: 2ndDivisionVet
But then I read the law. It’s about electioneering, not federal bribery per se. But it’s a felony, and it still counts: 18 U.S.C. § 600 — Promise of employment or other benefit for political activity.

Okay, not to nitpick BUT I wish all the reporters would be more specific as looking for "18 U.S.C. § 600" in the US Code will give you heartburn.

Why - because that's not the correct, full, citation of the pertinent section of the US Code, its incomplete. I was going nuts searching my copy of the US Code yesterday. The FULL citation is:

Title 18, Part 1, Chapter 29, Section 600:
Promise of employment or other benefit for political activity.
Everyone is leaving OUT the Part 1, Chapter 29 part. And you kinda NEED THAT if you actually have the full US CODE on file to search from.

And a further nitpick. That section of the US Code has been AMENDED quite a few times. And again, everyone is looking at the ORIGINAL LAW. Not the amendments. And those changes are a full page on the FindLaw website. I'm NOT saying the Changes to the Original Law don't make it a crime, I don't have the time to play Lawyer again or now, I have to work soon and 'play Engineer'(1).

I'm just saying, come on everyone (MSM) let's get specific people.

(1) Mechanical not Train

47 posted on 05/30/2010 4:57:22 AM PDT by Condor51 (SAT CONG!)
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To: 2ndDivisionVet
This is 18USC211....

Whoever solicits or receives, either as a political contribution, or for personal emolument, any money or thing of value, in consideration of the promise of support or use of influence in obtaining for any person any appointive office or place under the United States, shall be fined under this title or imprisoned not more than one year, or both. Whoever solicits or receives any thing of value in consideration of aiding a person to obtain employment under the United States either by referring his name to an executive department or agency of the United States or by requiring the payment of a fee because such person has secured such employment shall be fined under this title, or imprisoned not more than one year, or both. This section shall not apply to such services rendered by an employment agency pursuant to the written request of an executive department or agency of the United States.

Anyone know why the above would not apply instead?

48 posted on 05/30/2010 4:59:53 AM PDT by mewzilla (Still voteless in NY-29.)
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To: 2ndDivisionVet
or other benefit, provided for or made possible in whole or in part by any Act of Congress,

I wonder why no one has made anything of the part in bold above. If a president offers someone something in the executive branch, then it isn't a product of an Act of Congress and, as such, doesn't fall under the scope of this statute.
49 posted on 05/30/2010 5:03:50 AM PDT by aruanan
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To: Servant of the Cross

two more words: Rod Blagojevich


50 posted on 05/30/2010 5:08:37 AM PDT by alrea
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To: nathanbedford
Very well stated. I'm also reminded of the complete hypocrisy of the MSM treatment of this story compared to their treatment of the Plame nonstory.

The 'new age in America in which a crime is not defined by statute but by pundits' is even worse ...

It is relativism for me (Donks), but not for thee (EVERYONE else)!

51 posted on 05/30/2010 5:09:50 AM PDT by Servant of the Cross (the Truth will set you free)
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To: RushingWater

I see you have a lot of correct answer by now but to expand a bit, it can be Juris Doctor or Doctor of Jurisprudence. It used to be LL.B. which stands for Legum Baccalarureus or Bachelor of Laws, but lawyers wanted a jazzier degree so it got converted. Some say to earn Doctorate salary when teaching in universities.


52 posted on 05/30/2010 5:22:12 AM PDT by shalom aleichem
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To: goat granny
I just don’t think Rham will fall on the sword for anyone...he’ll make sure many go down with him if it comes to that.

Leave Larry Sinclair out of this!

Cheers!

53 posted on 05/30/2010 5:45:58 AM PDT by grey_whiskers (The opinions are solely those of the author and are subject to change without notice.)
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To: mewzilla
Anyone know why the above would not apply instead?

Whoever solicits or receives, either as a political contribution, or for personal emolument, any money or thing of value, in consideration of the promise of support or use of influence in obtaining for any person any appointive office or place under the United States, shall be fined under this title or imprisoned not more than one year, or both.

At least four reasons:

1. Sestak was not offering the appointer or anyone who had influence with the appointer any money or a thing of value (refers to real property) in exchange for consideration of an appointed office. So this doesn't apply to Sestak as a solicitor of money or any thing of value. In other words, Sestak is not saying, "Hey, I'll give you $500,000 or a prime piece of real estate or a Maserati if you get me an appointment to the Cabinet."

2. Sestak was not receiving any money or any thing of value in return for getting consideration for another party by the appointer or by anyone who had influence with the appointer. So this doesn't apply to Sestak as a receiver or attempted receiver of money or any thing of value. In other words, Sestak is not saying, "If you give me $500,000 or a prime piece of real estate or a Maserati, I'll get you an appointment to the Cabinet or at least get your name in among the top picks."

3. Another reading would be that of the Obama Administration saying to Sestak, "Hey, if you don't run for the Senate seat, we've got a place for you over here." The actions would have been on the same level as, "Hey, I know you're working for B and are planning to try to get a job at C, but if you give up your pursuit of the job at C, I've got a job for you here with me and I think you'd find this a much better job than the one at C." To even come close to making this fit the statute, someone would have to claim that "failing to try to run for office" is a "money or a thing of value." It's certainly not money and it's not a thing. The trick of making it fit would be the act of amphiboly on "a thing of value" to make it mean "anything." But Sestak wasn't making an offer of "failing to try to run for office" in return for an appointment.

4. The only other way to read this is that the Obama administration was offering an appointment for Sestak's "failing to try to run for office." In this case, they're not offering money or a thing of value in exchange for any influence Sestak may have in getting them an appointive office or place.
54 posted on 05/30/2010 5:46:21 AM PDT by aruanan
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To: 2ndDivisionVet
Everyone keeps calling it a "felony," but because of this:

...shall be fined under this title or imprisoned not more than one year, or both.

It means it is not a felony. A felony is punishable by more than one year in prison.

55 posted on 05/30/2010 5:48:19 AM PDT by mvpel (Michael Pelletier)
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To: Condor51
Everyone is leaving OUT the Part 1, Chapter 29 part. And you kinda NEED THAT if you actually have the full US CODE on file to search from.

Actually no, you don't, since there is only one Section 600 in the title. Chapter 29 consists of current and repealed sections 591 to 617, which occur nowhere else in the title. You don't need a page number in order to look someone up in the phone book.

Citations of US Code always have only the title and section. See, for example, the US Supreme Court opinion in Hardt v. Reliance Standard, right there on the first page:

Hardt then filed a motion under 29 U. S. C. §1132(g)(1), a fee-shifting statute ...

And the Cornell Legal Information Institute has a US Code title/section search tool available for public use.

56 posted on 05/30/2010 6:12:35 AM PDT by mvpel (Michael Pelletier)
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To: Bigtigermike; presently no screen name
Why [are] . . . most are accepting the Story about Clinton calling Sestak for 60 seconds on a unpaid job offer as a fact?... IMHO it didn’t happen, it’s a cover story and it’s already falling apart with the revelations that the job of Presidential advisory board member was an ineligible job for Sestak anyway!!
It's a cock-and-bull story, pure and simple.
THE WH BOTCHED THE COVERUP! GET IT GUYS?
The President of the U.S. appoints the Board members anyway, So Clinton getting involve makes little sense! and BTW even if this is supposedly done all the time on the edge of legality ..Nobody offers UNPAID JOBS TO CONGRESSMEN FOR THEIR VOTE OR POLITICAL ACTIONS!!!!
THIS IS NIXONIAN ALL OVER!
Given the entire history, I don't accept that it's necessary to bring Nixon's name in as a negative label. If the Clinton impeachment/acquittal precedent had existed before Watergate, no way does Nixon resign, or have to. His resignation showed far more integrity than Clinton ever did.

57 posted on 05/30/2010 6:15:38 AM PDT by conservatism_IS_compassion ( DRAFT PALIN)
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To: Kickass Conservative
If Rahm “falls on his own sword”, Obama knew.

To borrow a phrase, "what did he know and when did he know it?" Nixon never ordered the Watergate break-in dispite what pop culture leads us to believe. It was his actions after its discovery that lead to his downfall. Where is the Dem John Dean?

58 posted on 05/30/2010 7:21:50 AM PDT by JrsyJack (a healthy dose of buckshot will probably get you the last word in any argument.)
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To: screaminsunshine
It is the tried and true “everybody does it” defense.

Has anybody checked Sestak's suits for stains?

59 posted on 05/30/2010 7:24:54 AM PDT by JrsyJack (a healthy dose of buckshot will probably get you the last word in any argument.)
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To: Kickass Conservative

There’s danger in throwing Rahm under the bus...imagine if he starts singing to save his own hide. I’m sure he has an interesting tale or two to tell.


60 posted on 05/30/2010 7:54:40 AM PDT by Mygirlsmom (Calling an Illegal Alien an "Immigrant" is like calling a bank robber a "customer")
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