GySgtDad’s Comments

• Aug 13th, 2017 @ 1:42pm

  Re: Plea Bargainig is Corrupt Practice

  on Court Tells Government Sticking FOIA Waivers In Plea Agreements Is Probably A Bad Idea
  Berger v. United States 295 U.S. 78 (1935)
  
  The United States Attorney is the representative not of an ordinary party to a controversy, but of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all, and whose interest, therefore, in a criminal prosecution is not that it shall win a case, but that justice shall be done. As such, he is in a peculiar and very definite sense the servant of the law, the two-fold aim of which is that guilt shall not escape or innocence suffer. He may prosecute with earnestness and vigor -- indeed, he should do so. But, while he may strike hard blows, he is not at liberty to strike foul ones. It is as much his duty to refrain from improper methods calculated to produce a wrongful conviction as it is to use every legitimate means to bring about a just one.
• Aug 13th, 2017 @ 1:39pm

  Re: Plea Bargainig is Corrupt Practice

  on Court Tells Government Sticking FOIA Waivers In Plea Agreements Is Probably A Bad Idea
  The United States Attorney is the representative not of an ordinary party to a controversy, but of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all, and whose interest, therefore, in a criminal prosecution is not that it shall win a case, but that justice shall be done. As such, he is in a peculiar and very definite sense the servant of the law, the two-fold aim of which is that guilt shall not escape or innocence suffer. He may prosecute with earnestness and vigor -- indeed, he should do so. But, while he may strike hard blows, he is not at liberty to strike foul ones. It is as much his duty to refrain from improper methods calculated to produce a wrongful conviction as it is to use every legitimate means to bring about a just one.
  
  Berger v. United States
  295 U.S. 78 (1935)
• Aug 13th, 2017 @ 1:31pm

  Re: Re: Methinks they protest too much

  on Court Tells Government Sticking FOIA Waivers In Plea Agreements Is Probably A Bad Idea
  Hamlet:
  Madam, how like you this play?
  
  Queen:
  The lady doth protest too much, methinks.
  
  Hamlet, III, 2, 222-?
• Apr 26th, 2017 @ 3:22pm

  Oregon Board Liable Personally?

  on Guy Fined $500 For Criticizing Government Without A Permit Sues Oregon Licensing Board
  This strikes me as pure protectionism — outlawed by SCOTUS. It will be fun if the members of the board get sued individually for antitrust violations.
  
  North Carolina State Board of Dental Examiners v. FTC
  https://en.wikipedia.org/wiki/North_Carolina_State_Board_of_Dental_Examiners_v._FTC