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	<title>
	Comments on: March 27 roundup	</title>
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	<link>https://www.overlawyered.com/2019/03/march-27-roundup-3/</link>
	<description>Chronicling the high cost of our legal system</description>
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		<title>
		By: Bob Lipton		</title>
		<link>https://www.overlawyered.com/2019/03/march-27-roundup-3/comment-page-1/#comment-353666</link>

		<dc:creator><![CDATA[Bob Lipton]]></dc:creator>
		<pubDate>Wed, 27 Mar 2019 20:50:17 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=73091#comment-353666</guid>

					<description><![CDATA[The Auer deference has long been a problem, and it&#039;s good to see the Government backpedaling. However, the reasons for that shift are likely farther-ranging than the discussion indicates.  Unlike the earlier administration, this one clearly sees it will not always be the one sending down orders as to how agencies are to interpret laws!

Now, if only Congress will get off its collective butt and take back some of the powers it has granted the Executive branch because it&#039;s too much work! 

Bob]]></description>
			<content:encoded><![CDATA[<p>The Auer deference has long been a problem, and it&#8217;s good to see the Government backpedaling. However, the reasons for that shift are likely farther-ranging than the discussion indicates.  Unlike the earlier administration, this one clearly sees it will not always be the one sending down orders as to how agencies are to interpret laws!</p>
<p>Now, if only Congress will get off its collective butt and take back some of the powers it has granted the Executive branch because it&#8217;s too much work! </p>
<p>Bob</p>
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		<title>
		By: SPO		</title>
		<link>https://www.overlawyered.com/2019/03/march-27-roundup-3/comment-page-1/#comment-353664</link>

		<dc:creator><![CDATA[SPO]]></dc:creator>
		<pubDate>Wed, 27 Mar 2019 13:23:35 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=73091#comment-353664</guid>

					<description><![CDATA[RE: Cop pulling over the woman---hmmm.  Why doesn&#039;t 18 USC 242 apply to that situation?

The cop acted under color of law and deprived the woman of her civil rights.  Probably also can make out a claim of extortion (the increased ticket amount).  And maybe even falsifying government records.  

Just one prosecution would be worth a thousand judicial opinions.  

If I were to vote for one of them, I would vote for Xavier Becerra getting prosecuted for 18 USC 242 and extortion laws due to his threats against the journalists who got the bad cops list.  

Jussie Smollett seems to be the beneficiary of connected justice, which brings the criminal justice system into disrepute.  The idea of Becerra as the top LEO in our largest state should as well.  Why does he get to use his badge to extort and federal law enforcement seems to shrug?  And where are the journalists who are so intent on making up crimes (e.g., obstruction for firing James Comey)?  And where is the California Supreme Court?  Becerra is an attorney---and he is brazenly committing acts that violate ethics rules.  

I am not a fan of Saul Alinsky---but he was onto something when he said that people need to be held to the standards they set for others.]]></description>
			<content:encoded><![CDATA[<p>RE: Cop pulling over the woman&#8212;hmmm.  Why doesn&#8217;t 18 USC 242 apply to that situation?</p>
<p>The cop acted under color of law and deprived the woman of her civil rights.  Probably also can make out a claim of extortion (the increased ticket amount).  And maybe even falsifying government records.  </p>
<p>Just one prosecution would be worth a thousand judicial opinions.  </p>
<p>If I were to vote for one of them, I would vote for Xavier Becerra getting prosecuted for 18 USC 242 and extortion laws due to his threats against the journalists who got the bad cops list.  </p>
<p>Jussie Smollett seems to be the beneficiary of connected justice, which brings the criminal justice system into disrepute.  The idea of Becerra as the top LEO in our largest state should as well.  Why does he get to use his badge to extort and federal law enforcement seems to shrug?  And where are the journalists who are so intent on making up crimes (e.g., obstruction for firing James Comey)?  And where is the California Supreme Court?  Becerra is an attorney&#8212;and he is brazenly committing acts that violate ethics rules.  </p>
<p>I am not a fan of Saul Alinsky&#8212;but he was onto something when he said that people need to be held to the standards they set for others.</p>
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