Armadillo Jackal Lee Kovarsky Don't think so -- willfully (& knowingly) is what makes a civil FECA violation criminal (52 USC § 30109(d)). Here's Trump's argument for requiring it, from 5/14 proposal.
Armadillo Jackal Lee Kovarsky I agree Merchan is probably with the People on civil FECA as violation, but he reserved on 'willfully' (required for criminal FECA).
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جمهور الشاعر/ سعود Armadillo Jackal CEADUSA Alzhrani🕊
Armadillo Jackal Katherine Green GSU CaptPooface Georgia is pretty good at using judicial nomination commissions at state & federal level. It was a pet project of Jimmy Carter’s when he was governor and it stuck. Even though state judges are elected, it’s customary to retire mid-term so governor can appoint commission’s pick.
Armadillo Jackal Lee Kovarsky Like white collar criminals are so mistreated? Give me a fucking break!
Armadillo Jackal Andy Grewal I always used them, until I moved to a new firm and my boss began dropping a terse “why do you do this” comment every time.
Interesting delivery but he was right
PeriodicTweet Armadillo Jackal Lee Kovarsky Huge decision by Merchan that can increase (or decrease) odds of conviction depending on whether he decides that a criminal FECA violation is required. There is absolutely no direct NY case law or authority to guide his decision.
legalnerd PeriodicTweet Armadillo Jackal Lee Kovarsky A plain reading of the statutory language would suggest that it is not. Unlawful does not have to be criminal. If the NY legislature wanted to say criminal they could have.
Armadillo Jackal he's not bad at marketing, I'll give him that. no such thing as bad publicity in this context
Andy Grewal Even where parenthetical abbreviations are necessary (definitely not here), the quotation marks aren’t. Can’t remember if that tip came from Garner or Guberman but I stopped using them in draft orders when I clerked and turned the whole chambers in favor of it.
Armadillo Jackal I have a hard time responding in complete generality, ie without more specified facts, so I'm going to stand on what I've already said. I take your point, though, and I appreciate your engagement with me.
Armadillo Jackal there are two different things: (1) object offenses, of which FECA can be one (along with 17-152), and then (2) the 'unlawful means' by which a 17-152 offense is carried out, of which FECA can ALSO be one.
Armadillo Jackal All of that is part of 'context' in 'context-dependent'.
And I don't think a Proud Boys encampment (assuming the participants otherwise have a right to be present on campus) should be removed simply b/c the PB have vile beliefs and message.