Posted on 04/06/2023 2:30:27 PM PDT by Lockbox
Yale Law & Policy Review Vol. 18:225, 2000
Page 226
One such area is election law offenses. Congress has defined as misdemeanors an entire array of "garden-variety" campaign finance violations such as contributions exceeding legal limits, contributions using corporate or labor union funds, contributions by foreign nationals, and straw contributions in the name of another.
The Congressional definition of criminal election law offenses as misdemeanors challenges federal prosecutors to find a way to punish offenders with something more than "wrist slap" penalties.
Page 228
This practice of "turning misdemeanors into felonies" merits skepticism and close scrutiny. How federal prosecutors employ this tactic and whether the federal judiciary should permit them to do it are important issues. As this Article will show, the language and legislative history of two federal statutes demonstrate conclusively that Congress did not intend for campaign finance violations to be prosecuted as felonies. Despite this clear evidence of legislative intent, the DOJ has developed "felony theories for FECA prosecutions.”
This "overcharging" of campaign financing violations is seldom challenged. In the current political environment, a member of Congress is unlikely to object to overly aggressive prosecution of campaign finance violations. … In addition, most federal judges do not carefully scrutinize the DOJ's felony conspiracy theories, in part because a large body of precedent superficially appears to support expansive application of the federal conspiracy statute. These practical realities should not embolden the DOJ to ignore the law and to seek far harsher punishment than Congress intended. This Article explains why the DOJ's policy is wrong and why the federal courts should scrutinize these felony theories for election law prosecutions more carefully on motions to dismiss.
(Excerpt) Read more at openyls.law.yale.edu ...
nice find
I think there may be some helpful stuff, but I’m not a lawyer....
The count being stopped simultaneously in five states with Trump statistically ahead then being started hours later with Trump irremediably behind sounds like conspiracy to me .
Lawyers and Actors. Professional liars. So few are trustworthy
Unfortunately no court I know of has chosen to hear any of these cases.
Going back to the 1960s thru 2012 in Illinois I presented and D prosecutors, both County, State and Fed, both R and D, both air tight cases solid proof of specific named individuals and soft proof in some cases....needed a little moreinvestigation and “statistical impossibilities” that are not proof but “leads”.
In all cases, all prosecutors refused to prosecute regardless of the number of votes stolen, or connections of the accused. Vote fraud in Illinois has always been considered like jay walking. Prosecutors joke “some of my best supporters probably do it.” which was probably true. Prosecutors with “good government” labels refused.
Republican Bernie Carey who won as good government against corrupt Hanrahan was presented the strongest case. airtight Democrat elction judge affadavits against the Democrat precinct captain as well and us ordinary citizens... and the director of the settlement house which was the polling place.
Prosecutor Bernie told his right hand Ralph to bury it and it never saw the light of day.
Nationwide this seems to be true. The establishment does not want anyone to lose trust in the government,... in the system...in the establishment.
Wow. Sobering details.
Unfortunately Law is for ‘Little People’ and Republicans especially Conservatives Republicans are counted as being in that group.
Look up
USC Title 18 section 241
And
USC Title 18 section 242
These are post-revolutionary times.
Legal think-tank white paper gobbledygook won’t save us.
A crime is whatever the dems say it is.
Thanks
In Ga they halted the counting to apply a “software update”. I have no doubt they found not enough votes were being switched so they had increase the rigg job.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.