Post

Avatar
marveling at this sentence
Avatar
Marvelling at the audacity to say "some people give the mailman a hamper or send a bottle of wine to a teacher" when the statute on its face talks about $5k+ value bribes
Avatar
statutory interpretation is hard pwn
Avatar
For anyone wondering, the instant case here was GLPB cutting a $13k check to the mayor of Portage for "consulting services" after the mayor put a friend Reeder in charge of contracts. Reeder testified at trial that he intentionally drafted bid specifications to favor GLPB for contracts worth $1.125m
Avatar
the structure of all these opinions (I'm thinking also of McDonnell) is that there is some political practice the Justices think *of course* is legitimate, then they come up with a reading of the statute to prevent a prosecutor from charging their made-up case, then apply that to the actual facts.
Avatar
That's exactly it. They have this increasingly annoying habit of saying "this case is about a man who stomps kittens in his kitten stomping machine. But if it wasn't that and was about eating ice-cream, then making it illegal would be obviously dumb. And so for that reason, kitten stomping is fine"
Avatar
Ironically, the cases and controversies clause is there *precisely to avoid* turning direct cases into a philosophical polemic where you end up allowing gross miscarriages of justice to box shadows at fictional ones.
Avatar
whereas actual kitten stomping . . . United States v. Stevens, 559 U.S. 460 (2010)
Avatar
my favorite part¹ is when kav says 'the doj suspected it of being a gratuity' folks teh doj knew it wasnt a gratuity they saw a bribe and acted ¹ do not actually like this part
Avatar
His co-conspirator testified under oath he purposely drafted the bidding process to benefit GLPB! There's no question it was bribery
Avatar
Avatar
Next you are going to argue that giving a supreme court just hundreds of thousands of dollars to keep him in the court issuing decisions you like is illegal bribery.....I forgot where I was going with this
Avatar
pretty much the same as a framed photo, i think we can all agree
Avatar
Avatar
Sure, but no "reasonable person" (here defined as "justices on the take") would think that's a bribe!