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Ashcroft pledges to defend Brady law
CNN ^ | 5/31/02

Posted on 06/04/2002 10:08:51 AM PDT by pabianice

Edited on 04/29/2004 2:00:36 AM PDT by Jim Robinson. [history]

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To: KC_Conspirator
He has no choice but to uphold the Brady Law. It's the LAW! He can't pick and choose which laws he will and will not uphold, if he did the liberals would have him for lunch. Exactly right. Apparently logic has escaped many a Freeper. It's not even technically right. He, as well as any other AG in any state of this union do and can do any day of any week, decide to or not to prosecute, period. It happens every day! Will the left tear him a new one, sure, but it comes with the turf..."shall not be infringed." Blackbird.
21 posted on 06/04/2002 12:03:48 PM PDT by BlackbirdSST
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To: pabianice
I Too,Am DISAPPOINTED BY THIS!!!!
22 posted on 06/04/2002 12:08:58 PM PDT by bandleader
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To: FreeTally
No,But It Is Surely"The Camel's Nose Under The TENT"!!!!!!!!
23 posted on 06/04/2002 12:10:48 PM PDT by bandleader
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To: pabianice
why disappointing? he told Congress and the American people he would uphold existing law, you'd rather have a Reno?
24 posted on 06/04/2002 12:12:18 PM PDT by D. Miles
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To: BlackbirdSST
That is incorrect. John Ashcroft is AG and is charged with enforcing the law. Do you think he could arbitrarily just decide NOT to prosecute the terrorists were part of the plot to blow up the WTC like Moussauai? Or John Walker "rat boy" Lindh? No, he can't.
25 posted on 06/04/2002 12:17:56 PM PDT by KC_Conspirator
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To: ladtx
All laws which are repugnant to the Constitution are null and void.

As determined by the U.S. Supreme Court, not the Attorney General.

And the U.S Criminal Code, from which the Attorney General is not exempt, and indeed has a particular duty to set the example for others to follow, lest the concept that our laws are intended for all be seen as a sham and a joke- a viewpoint gaining wider and wider credence:

United States Code, U.S. Criminal Code, Title 18, Section 242;
Deprivation of rights under color of law :

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

-archy-/-

26 posted on 06/04/2002 12:21:15 PM PDT by archy
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To: KC_Conspirator
That is incorrect. John Ashcroft is AG and is charged with enforcing the law. Do you think he could arbitrarily just decide NOT to prosecute the terrorists were part of the plot to blow up the WTC like Moussauai? Or John Walker "rat boy" Lindh? No, he can't.

Tell it to Attorneys General John Mitchell and Janet Reno.

-archy-/-

27 posted on 06/04/2002 12:22:38 PM PDT by archy
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To: archy
So you're saying the Attorney General alone gets to determine which, (under color of law) statute, ordinance, regulation, or custom violates rights guaranteed by the Constitution? I thought the Supreme Court did that? Or does it just apply to 2d amendment cases only?
28 posted on 06/04/2002 12:34:12 PM PDT by ladtx
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To: archy
I am not here to defend those criminals, especially Reno, who I seriously think she should be in jail.
29 posted on 06/04/2002 1:02:37 PM PDT by KC_Conspirator
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To: pabianice
Ashcroft said that measure, and other federal firearm regulations now in place, are reasonable and he will continue to defend them, as he pledged to do in his Senate confirmation hearings

How vigorously?

30 posted on 06/04/2002 1:15:00 PM PDT by MileHi
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To: ladtx
So you're saying the Attorney General alone gets to determine which, (under color of law) statute, ordinance, regulation, or custom violates rights guaranteed by the Constitution? I thought the Supreme Court did that? Or does it just apply to 2d amendment cases only?

Nope. I'm saying that if he enforces unconstitutional law that deprive American citizens of a constitutional right, to include Second Amendment rights, he could well end up in prison, as A.G. John Mitchell did, or could even potentially find himself receiving a lethal injection, if citizens are killed in the process, as they were at Waco and elsewhere.

The A.G. gets to determine who may be prosecuted under federal law- but his actions are also subject to review by future attorneys general, as well as other applicable courts. And if his conduct is found to be criminal, he should get what any other felon does.

Indeed, there's a case from his old area that may very well bear on the possibility that previous felonies in which he was involved may have given his opposition a measure of control over him. We shall see.

-archy-/-

31 posted on 06/04/2002 1:52:47 PM PDT by archy
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To: *libertarians

32 posted on 06/04/2002 2:14:50 PM PDT by Alan Chapman
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To: KC_Conspirator; ladtx
He has no choice in enforcing the law, but that doesn't make it OK for him to go around saying that such 'reasonable regulations' are good or constitutional.
33 posted on 06/04/2002 2:18:50 PM PDT by Sloth
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To: archy
Please tell me you're not a lawyer. The Code section you cited in #26 pertains to aliens. And despite your creative construction of the term "unconstitutional," a law passed by Congress is constitutional until the SC holds otherwise.

The AG can disregard a law upon orders of the president, but that order itself would probably be unlawful, and could subject the president to impeachment proceedings.

34 posted on 06/04/2002 2:23:44 PM PDT by 1rudeboy
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To: 1rudeboy
Please tell me you're not a lawyer. The Code section you cited in #26 pertains to aliens. And despite your creative construction of the term "unconstitutional," a law passed by Congress is constitutional until the SC holds otherwise.

Happily for your digestion, my already tarnished reputation, and the canons of ethics of the practice of law, I am neither an attorney-at-law, nor a barrister. I have covered legal and legislative matters as a newspaperman and syndicated columnist since 1970 however, and have helpfully assisted with the natural selection of the breed in a couple of cases in which practicioners of the trade, some quite prominent, were subsequently either disbarred, censured, or otherwise disgraced, and in which a couple of judges chose to step down from the bench rather than face similar exposure.

The AG can disregard a law upon orders of the president, but that order itself would probably be unlawful, and could subject the president to impeachment proceedings.

I concur. Presumably a knowledgable A.G. who could see what was coming would first resign; but if he or she did not, the offense for which the President would face impeachment-and possible other criminal action, since impeachment carries only removal from office as its final punishment- could also leave that Attorney General to suffer criminal charges for criminal conspiracy with his Presidential accomplice. I believe something of the sort was mentioned as a possibility for FDR's attorney general Harry H. Woodring , had the impeachment charges against Roosevelt for Neutrality Act violations ever proceeded, but they did not and so no blood was drawn-see the writings of AP chief Kent Cooper, sometimes writing as *D.C.Speaker* from that period.

And read 18 USC 242 again:

or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens....

-archy-/-

35 posted on 06/04/2002 2:55:50 PM PDT by archy
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To: 2banana
Does the Brady Bill and Assualt Gun ban expire on Bush's watch? I thought they had 10 year sunset provisions

The Brady law has no sunset provision. It is there forever, or until it is either repealed be congress or declared unconstitutional by the Supreme Court. The gun and magazine capacity restrictions from the 1994 crime bill will expire in September 2004. Want to bet that the republicans won't decide to support renewing those restrictions, especially as it will be right before the 2004 elections?

36 posted on 06/04/2002 6:12:29 PM PDT by Korth
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Comment #37 Removed by Moderator

To: ex con
Bump for a.m. review...........
38 posted on 06/04/2002 7:09:39 PM PDT by MeekOneGOP
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To: FreeTally
What is this, open season on J. Ashcroft? I thought
most conservatives really liked him. Just why are a
lot of you trashing him at every turn? I don't know
about you, but I think he is a definite improvement
on J. Reno! What do you want, a plaster saint for an
Attorney General? For President? Well, you may be
looking for a long, long, time, because no person has
been perfect but the Lord himself when he was here.
39 posted on 06/05/2002 12:03:48 AM PDT by dsutah
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To: Beelzebubba
Actually, the Brady Law required that any and all records of background checks of aprooved purchases be destroyed, not maintained in a database as is being done. Only the yellow sheets were to remain...

If Ashcroft follows the letter of the law, background check records for purchases which were allowed to continue should be eliminated.

40 posted on 06/05/2002 12:08:23 AM PDT by Smokin' Joe
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