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And, yes, I DO take it personally: Rev. Pat on the wrong side of the law...?
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Friday, August 26, 2005

Rev. Pat on the wrong side of the law...?

wouldn't it be nice to see his lard butt taken off to jail for shooting his big, fat mouth off...? probably not gonna happen... glad somebody's checkin' it out tho'...
Examine first, if you will, the broad prohibition against threatening or intimidating foreign officials, which is a misdemeanor offense. This is found in Title 18 of the United States Code, Section 112(b), which states: "Whoever willfully -- (1) … threatens … a foreign official …, [or] (2) attempts to… threaten … a foreign official … shall be fined under this titled or imprisoned not more than six months, or both."

The text of this misdemeanor statute plainly applies: No one can doubt that Robertson "attempted" to threaten President Chavez.

Yet the statute was written to protect foreign officials visiting the United States - not those in their homelands. Does that make a difference?

It would likely be the precedent of the U.S. Court of Appeals for the Fourth Circuit that would answer that question; the Fourth Circuit includes Virginia where Robertson made the statement. And typically, the Fourth Circuit, in interpreting statutes does not look to the intent of Congress; it focuses on statutory language instead.

And in a case involving Robertson, to focus on language would only be poetic justice:

Robertson, is the strictest of strict constructionists, a man who believes judges (and prosecutors) should enforce the law exactly as written. He said as much in his 2004 book, Courting Disaster: How the Supreme Court Is Usurping The Power of Congress and the People.

(thanks to think progress...)

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