[Cyropaedia]

The amicus brief that was filed by Reps Jones, Poe and Goode with the Fifth Circuit argues that the statute was completely misapplied. It states that it was obviously never, ever the intent of any member of Congress that the statute be applied to LEO's operating in the line of duty. And with very good reason: it creates the worst sort of precedent for anyone and everyone working in Law Enforcement. There must always remain a clear and completely unambiguous distinction between actual criminals using firearms in the commission of actual crimes and LEO's using their firearms in the line of duty.

If the Court of Appeals finds that the Congressmen are right and the statute was misapplied it will overturn/vacate the convictions and that will effectively take care of other prosecutors attempting to exploit that statute in a similar fashion.

They have also sent signed letters to new AG Mukasey explaining why other USA's should not seek to exploit the particular statute the way the Sutton did. Hopefully Mukasey has a little more common sense than Gonzales.

[Bob J]

“If the Court of Appeals finds that the Congressmen are right and the statute was misapplied it will overturn/vacate the convictions and that will effectively take care of other prosecutors attempting to exploit that statute in a similar fashion.”

It will do no such thing. The law as it is written clearly dos not exclude LEO’s if in the performance of their duties they committ a felony. Judges as a rule, and there are exceptione when it comes to left wingers, do not try read into laws additions or conclusions they do not contain.

The judges in the appeal stated the Justice Dept. might have “overreached”, they didn’t say the law in question did not apply to LEO’s and as a matter of fact, they do. We all know there are “dirty cops” out there and they want this law to apply if they abuse their priviliges under the color of authority.

R&C were convicted of assault which brings this law into play.