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MrRodgers -> RE: Federal obscenity prosecution threatens S&M porn actor/distributor (9/23/2009 10:13:56 PM)
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quote:
ORIGINAL: Chimortis
DarkSteven,
obscenity is defined by the US Code section under which the defendant is being charged. The reason that the 3 year investigation is being brought up as a part of the defense is, as best as I can tell, because of the fact that what was going on was obvious to the point that the defendant assumed it was legal, and he was never informed otherwise during the course of the investigation, making it seem more like a persecution than an investigation.
As for chasing terrorists... what terrorists? Most of the prosecutions by federal prosecutors and federal law enforcement agencies involve white collar crimes such as insider trading and other securities violations, fraud, etc. After that, you've also got a number of interstate offenses that come under the purview of federal prosecutors - things like interstate wire fraud, transporting a minor across state lines, etc. The few violent crimes prosecutions are for things like robbing a federal agent (such as a mail carrier).
The defense is also building a preponderance of the evidence that DoJ's case is a stretch and even they know it in that it took three years.
BTW, almost every single bank robbery is federal and every kidnapping is federal. All fugitives of the law that cross a state line...is federal. Also, any RICO case usually involving enterprise such as drugs, prostitution and extortion.
This case smacks of inquisition. The only crimes being committed here is...by the state.
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