Last week, the US Supreme Court delivered an interesting decision. In "Yates v. U.S." the SCOTUS ruled that
for purposes of a 1519 prosecution, ..... 'JUSTICE GINSBURG, joined by THE CHIEF JUSTICE, JUSTICE BREYER, and JUSTICE SOTOMAYOR, concluded that a “tangible object” within §1519’s compass is one used to record or preserve information."
They reversed the conviction of Cap'n Yates who tossed a bunch of red snapper overboard to try to avoid a prosecution.
You can read the opinion here. Thus....the US gummit prosecutors claimed the old Capn was destroying evidence and such like and violatin' 1519. But the prosecutors ran into a problem up at the Supreme Court.
The Supremes decided that 1519 was designed to go after dummies that falsified records and stuff. It doesn't apply to stuff like 19 inch fishes.
"So what" says you.
Well, here's what, Danny Rodden was charged with conspiracy to violate 1519 by telling his acquaintance to 'destroy that little deputy costume what I give you". Now I asks you...is a deputy costume something 'used to record or preserve information" or not?
Some in the legal world thought that was the toughest charge he faced. "destruction of evidence" was undeniable and doesn't sound too good. But check it out....the US Supreme Court said unless it's something that is used to record or preserve info, it aint' a 1519 charge. BOOM!
"Wait a minute...wait just a minute Pesty" says you. "How about lying about sex with a hooker". Pesty says ...aint that
'entrapment'? Did DR go to the feds and say "I ain't had sexual relations with that woman"! OR did the Feds come to DR and whilst he was minding his own bidness ask him "Did you have sex with that woman?"
Edited by Pesty Version 2, 03 March 2015 - 09:01 PM.