Is there a method, beyond contempt charges, that can be used to force DOJ's hand?Hopefully one issue that can get resolved prior to the election is to force DOJ to produce a privilege log showing what documents are being withheld.
Is there a method, beyond contempt charges, that can be used to force DOJ's hand?Hopefully one issue that can get resolved prior to the election is to force DOJ to produce a privilege log showing what documents are being withheld.
Unfortunately, neither of those methods can be effectively brought to bear before the election eclipses all of this.Impeachment, or defunding.
Unfortunately, neither of those methods can be effectively brought to bear before the election eclipses all of this.
.Is there a method, beyond contempt charges, that can be used to force DOJ's hand?
I suppose we could call up someone in Justice to...DRAT!That having been said, and regarding "a better one than contempt charges", what of the following: accessory to murder.
I suppose we could call up someone in Justice to...DRAT!
Therein lies our problem.
In the discretion of the DOJ, they could remove it to federal court and "prosecute" it which means dismiss it. That's how they handled it in the wake of Ruby Ridge.How about the sheriff of Santa Cruz County, or the State of Arizona?
http://en.wikipedia.org/wiki/Randy_Weaver#Aftermath_of_the_Ruby_Ridge_incidentIn 1997, the District Attorney for Boundary County, Idaho charged Horiuchi with involuntary manslaughter, but the indictment was removed to federal jurisdiction based on the Supremacy Clause and eventually dismissed at the federal prosecutor's request.
In keeping with the constitutional allocation of powers between the federal government and the states, federal agents enjoy immunity from state criminal prosecution. That immunity has limits. When an agent acts in an objectively unreasonable manner, those limits are exceeded, and a state may bring a criminal prosecution.
After carefully reviewing the record, we cannot agree with the district court that Agent Horiuchi's use of deadly force against Harris and, by extension, Mrs. Weaver, was objectively reasonable as a matter of law. Accordingly, Agent Horiuchi is not entitled to dismissal on the ground of Supremacy Clause immunity at this stage in the proceeding. On remand, the district court may conduct an evidentiary hearing to determine whether the evidence supports Agent Horiuchi's entitlement to immunity under the legal principles applicable to the use of deadly force. We therefore REVERSE and REMAND with directions that the district court reinstate the criminal complaint and information and for further proceedings consistent with this opinion.
KyJim, the prosecution of Horiuchi was permitted to proceed. The en banc decision of the 9th Circuit in Idaho v. Horiuchi,98-30149, decided and published on June 5, 2001 ...