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What's really frightening here is that some FReepers might take your "reading" as settled law. Your read is so far off-base that the following is required.

Important Notice to all. Please do not depend on posting from non-lawyers here as legal advice. Following the counsel of certain posters WHO ARE NOT LAWYERS AND WHOSE READING OF LAW IS AT BEST "EXTRA-ORDINARY" could result in severe legal difficulties.

As a matter of course, you should never use any published materiel as legal advice and only accept legal advice from a licensed attorney in your jurisdiction who is familiar with both the law ands the circumstances of your case. NOTHING POSTED BY ME IS TO BE CONSTRUED AS LEGAL ADVICE. (Adapted from the ABA position on publishing in legal matters.)

To all, sorry the above is needed, but after tpaine post, it is.

To tpaine. You are beyond foolish. You are dangerous to FR and The Conservative Movement. I will not reply to any of your further posts. I do not debate fools. It only encourages them.

You are correct about "Tpaine". He often thinks he understands the law, but I think he doesn't even understand English. BUT, even a broken clock can be correct twice a day.

There are four elements to proving an 18 USC 242 violation:

1. The victim must have been an inhabitant of a State, District or Territory of the United States;

2. The accused must have been acting under color of law;

3. The conduct of the accused must have deprived the victim of a right, privilege or immunity secured or protected by the Constitution or laws of the United States;

4. The defendant must have acted willfully.

Here are two quick cases to look at:

United States v. Senak, 477 F.2d 304, 306 (7th Cir. 1973).
United States v. Lanier, 520 U.S. 259, 264 (1997)

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,

[b]or[/b] 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.

If you would like to see some stupidity by "tpain", I invite you to look at this thread:

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http://www.freerepublic.com/focus/f-news/1774791/posts