More like the nerve of the prosecutor — if he regularly declined to prosecute such cases then occifers would not dare to suggest it.
Apart from the fine points of legality, there is the obvious point of felony-flation. Keep in mind that the idea of felony evolved in law as the class of crime so evil that it would be worthy of punishment by hanging or other loss of life. Anyone can see that applying such a punishment to an offense (?) such as this fails the laugh test.
related:
Jury Nullification Advocate Is Indicted
http://www.freerepublic.com/focus/f-news/2680112/posts
It is the result of a corrupt legal system. Our “man-made” laws not based on Natural Law Theory and God’s Law are unjust and unconstitutional. (Holmes was the one to divorce logic and reason from the laws that is the result of removing it from Natural Law Theory which is where common sense originates.
Lawyers have divorced the laws from Natural Law Theory, something all the Founders agreed would result in political laws—laws that gave some groups power over others and would create inequality under the law. We have unjust laws, which is obvious in thousands of cases. We have created “protected” status for some—which screams unconstitutional. We have to clean up the legal system, before any of the egregious things can be remedied.
Unjust laws cannot prevail without creating chaos and revolutions. But that is what the Marxist legal scholars in the elite universities want and the types appointed by Clinton and Zero want....to create a totalitarian state where they are god and tell us what to use when we wipe our b*tts.