Posted on 12/02/2023 1:47:22 AM PST by John Semmens
This week, the US Supreme Court heard arguments from hedge fund manager George Jarkesy, in his appeal that the Securities & Exchange Commission (SEC) fining and barring him from the industry for securities fraud violated his Seventh Amendment right to a jury trial. Michael McColloch, attorney for Jarkesy, argued that "the procedure in which the SEC acts as prosecutor, judge, and jury is fundamentally unfair. The person accused by the SEC has the burden of trying to persuade people who already deem him guilty that he's not. His right to be judged by an unbiased jury of his peers has been denied."
Brian Fletcher, principal deputy solicitor general for the Justice Department representing the SEC, argued that "combining the prosecutor, judge, and jury functions into one self-contained process is more efficient. Twenty-seven federal agencies have been using this method since New Deal legislation during the 1930s authorized these executive agencies to exercise judicial powers. It's not as if Mr. Jarkesy is being sent to prison. Having to pay monetary penalties and losing his source of income are purely civil matters."
Justice Neil Gorsuch expressed skepticism, saying "a right to a trial by jury is a check on government abuse of power. Confining an accused person's recourse within the bureaucratic agency that has charged him, found him guilty, and pronounced punishment sacrifices justice to efficiency. Levying a huge fine and putting a person out of business is not a mere 'slap on the wrist.'"
Chief Justice John Roberts questioned whether "allowing the government to bypass the right to a jury trial because it is inconvenient isn't one of the powers explicitly granted to the government in the Constitution. In fact, the Seventh Amendment specifically preserves the right of the accused to a jury trial where the monetary consequence of an unfavorable outcome exceeds $20."
If you missed any of the other Semi-News/Semi-Satire posts you can find them at...
https://www.freedomsphoenix.com/Opinion/354615-2023-12-02-semi-news-semi-satire-december-3-2023-edition.htm
ping
Sure. Worked for the SS, worked for Beria and it seems to be working just fine with Garland.
Executioner, too.
Well, this is a well established practice. Just look at every instance in which gov’mt employees of any sort are allowed to unionize.
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