FReepmail me to subscribe to or unsubscribe from the SCOTUS ping list.
Posted on 02/25/2015 2:44:20 PM PST by ThethoughtsofGreg
SCOTUS.
>>>The statute says it is a crime to destroy any “record, document or tangible object” with intent to obstruct an investigation. The four dissenters (who included Scalia and Thomas) said that a fish is a tangible object and that statutes should be read literally. The majority relied on the intent of Congress, which was to reach destruction of documents, computer hard drives and the like.
As noted earlier in the thread, this could have implications for the ACA case, King vs Burwell, in which the wording “all STATES “shall establish an exchange“ is the key provision. If a fish is not a tangible object, then can the feds establish a state exchange?
I am ordinarily with you and Scalia on this issue. But doggone it, this guy should not go to a federal prison just because Congress doesn’t read the laws it passes and gives no consideration to the pernicious consequences of their overbroad language.
Are Lois Lerner’s emails tangible objects? How about her hard drive? It would he nice if the IRS went to prison for 20 years. (Emails would be tangible objects once printed) Alternately, we could argue the zeroes and ones on the hard disk or backup tapes are tangible objects.
What is a picture of Sandra Fluke doing at this article?
Oh, I get it. She stinks just like the government’s argument in this case.
I am sorry, but if you are a fisherman by trade, you should know that keeping undersized fish is not permissible. Fish and Wildlife took this in a poor direction trying to overprosecute... and lost. Everyone loses.
#22: Reminds me of the old Dick Nixon, Pat Nixon and Mayor Walter Washington joke. Not very appropriate here but funny as hell for those who know it.
Hint: Slapping it on the bedpost.
We agree on that! No way this guy should be in prison, and the prosecutors who did this should be punished.
Wow! That is incredibly broad.
It should be used to prosecute the Justice Department for redacting documents requested under the FOIA.
Not to mention to documents requested by Congress.
If only he stuffed the fish in his socks.
Too many laws make everyone a law breaker. It’s nuts and dangerous.
FReepmail me to subscribe to or unsubscribe from the SCOTUS ping list.
Actually, there have been a number of odd alignments in their decisions recently, last term included.
Think of it as the statute against document shredding. I couldn't tell if you were being facetious or not. :)
It would seem that the fish is documenting the crime and thus evidence in the very least. I haven’t read the dissenting opinion or anything by Scalia who I don’t always agree with or Thomas who I mostly agree with. Have you?
What were Scalia’s and Thomas’ opinions?
They didn't write their own opinions, the just joined Kagan's dissent. Kagan said that, while this is a bad statute and Congress should fix it, the Court has to interpret the law as Congress wrote it, and a fish is a "tangible object."
The US Gov plays “The Wheel of Fish” from UHF
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.