Modify, not Repeal

Reader comment on: RBG to the Defense of Flynn

Submitted by GrantLR (United States), Dec 14, 2018 12:11

A better option than wholesale repeal would be revision - don't throw the baby out with the bathwater.

Here's a link to the Statute. Notably,subsection (b) contains an exception - lawyers protecting themselves: "Subsection (a) does not apply to a party to a judicial proceeding, or that party's counsel, for statements, representations, writings or documents submitted by such party or counsel to a judge or magistrate in that proceeding."

So make that (b)(4), and revise be along the lines of of:

"(b) Subsection (a) does not apply to a statements, representations, writings or documents submitted by a party:

(1) where that party has not been explicitly advised that the representations at issue are subject to this section contemporaneously with solicitation of the information by the government; or

(2) the government willfully or knowing misrepresents material facts in the process of inducing or soliciting the statements, representations or writings at issue; or

(3) where the party is not validly charged with any other violation of statute that is materially related to the statements, representations or writings at issue; or

(4) by a party to a judicial proceeding, or that party's counsel, for statements, representations, writings or documents submitted by such party or counsel to a judge or magistrate in that proceeding."

Part (1) would eliminate the gamesmanship that happened with Flynn, and part (2) is necessary to avoid the use of false assertions to create confusion and therefor entrap a subject to a process crime. Subpart (3) would eliminate the use of process crimes to "get someone" when there is not a viable and sincere belief in an underlying crime.

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Other reader comments on this item

Title	By	Date
Yes but... [59 words]	Rondo	Dec 17, 2018 23:05
Better Yet [w/response] [115 words]	Porkypine	Dec 14, 2018 12:59
↔ The Goose and the Gander on equal footing [115 words]	Lawrence	Dec 15, 2018 11:21
OMG, I Find Myself... [7 words]	tps	Dec 14, 2018 12:37
Tell them nothing [144 words]	Donald Campbell	Dec 14, 2018 12:23
⇒ Modify, not Repeal [269 words]	GrantLR	Dec 14, 2018 12:11
↔ yes, but [25 words]	Lawrence	Dec 15, 2018 11:09
FORCE THE FBI TO RECORD ALL INTERVIEWS ON VIDEO. [42 words]	Dave Hunter	Dec 14, 2018 10:51

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