Tuesday, January 29, 2013

Ring Case - Commentary

The D.C. Court of Appeals rejected all of Kevin Ring’s appellate arguments, from his claims of an impropriety premised on the district court’s definition of what constitutes an "official act" to a claim of a  Federal Rule of Evidence 403 violation. The court’s findings include that "campaign contributions can be distinguished from other things of value." (see here). 

The court states "[t]he distinction between legal lobbying and criminal conduct may be subtle, but, as this case demonstrates, it spells the difference between honest politics and criminal corruption."  This sentence in the opinion concerns me.  Should a distinction that results in imprisonment be "subtle"?  "Googling" the word "subtle" a definition provided is "[s]o delicate or precise as to be difficult to analyze or describe."  And if this distinction is "subtle," should the rule of lenity be considered?  And should a "subtle" difference be considered to "spell[ ] the difference between honest politics and criminal corruption" or as this case finds - spell the difference between freedom and prison.

Irrespective of whether the movie Lincoln wins best picture, unlike Argo, Zero Dark Thirty, Silver Lining Playbook, and the other nominees, Steven Spielberg will be able to say that a federal appellate court has quoted the movie in its decision.  Yes, Hon.Tatel held that "[t]he ubiquity of these practices perhaps explains why in Steven Spielberg’s film Lincoln a lobbyist declared, "It is not illegal to bribe congressmen—they’d starve otherwise."

(esp)

http://lawprofessors.typepad.com/whitecollarcrime_blog/2013/01/ring-case-commentary.html

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