1st Circuit rules on Councilman

["David Farber" <dave () farber net>]

-----Original Message-----
From: "Harvey Silverglate"<has () harveysilverglate com>
Sent: 06/09/05 11:03:12 AM
To: "dave () farber net"<dave () farber net>
Subject: RE: [IP] 1st Circuit rules on Councilman

Dave:
        It's remarkable, is it not, that the First Circuit en banc held
that it's OK to convict someone criminally who is presumed to know what
the law requires, in a case where the district judge held that the
statute did not apply to the conduct involved, where a panel of
appellate judges voted 2-1 to affirm the district judge, and where the
full bench of the appellate court was split? This is just the latest
example of a pernicious trend in federal criminal law - the ability and
willingness of prosecutors to prosecute, harass, and persecute citizens
and companies for violating utterly vague and/or overbroad federal
criminal statutes and endless turgid regulations, and the willingness of
courts to approve of such conduct. (Disclosure: I'm "of counsel" to the
law firm that represents Brad Councilman. I'm also currently writing a
book on the harassment of all sectors of civil society by the Department
of Justice using vague and broad statutes and regulations.)
                                        Harvey Silverglate

-----Original Message-----
From: David Farber [mailto:dave () farber net] 
Sent: Thursday, August 11, 2005 7:43 PM
To: Ip Ip
Subject: [IP] 1st Circuit rules on Councilman





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