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View Diary: What? Straw Purchase a Gun? Abramski v. US (69 comments)

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  •  Interesting Case, Made Leviathon by process? (3+ / 0-)

    No, I don't think so. Before researching supporting case law from both perspectives (which I will do!), the question on the convictions seem relatively clear-cut to me.

    Line 11 is clearly and simply identified and designed. Further, the instructions FOR Line 11 are, as written, clearly and simply understood. Which is, to me the entire point of the convictions, and the basis of the US proposed understanding of the case at bar.

    Trying to distract by supplementary and unrelated argument are not going to, in my opinion, fly very well before the court. Given the current SCOTUS, even IF such a thinly veiled attempt were to be successful, there is no extant basis via case law supporting them. The only available course for SCOTUS given this reality, would be to establish new case law with no precedent support. They will not do so, if only because that is the easiest, and easiest to defend action to take. I just don't think the original hypothesis is legitimate, however.

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    Defendant knowingly created a material falsehood on the Application both purposely and knowingly (prior intent accepted/stipulated). Period.

    To attempt to argue that the law should not apply in this case, even given the material false statement, because...freedom!, just would not fly in a 1L Moot Court.

    The attempts to mystify this case should, and will in all likelihood fail. If reduced to the simple and single issue, the Circuit should, and in all probability will be upheld, and the convictions resident within them.

    Nurse Kelley says my writing is brilliant and my soul is shiny - who am I to argue?
    Economic
    Left/Right: -7.75
    Social Libertarian/Authoritarian: -4.51

    by Bud Fields on Mon Jan 06, 2014 at 10:53:57 PM PST

    •  Cops swear to falsehoods all the time (3+ / 0-)

      He was set up, by his PD training, to disregard the instructions, and simply give the answer which led to the desired result.  Unfortunately for him, he isn't in the gang anymore, so he's fair game.

      Iron sharpens Iron. Normal is a dryer setting. STOP illegal immigration NOW! -- Make it LEGAL. If Corporations are People--Let's draft them.

      by benamery21 on Tue Jan 07, 2014 at 02:16:10 AM PST

      [ Parent ]

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