US Law Archives - KEYTLaw's Blog

When It’s a Crime to Withdraw Money From Your Bank

New York Times: “Dennis Hastert has not been indicted on a charge of sexual abuse, nor has he been indicted on a charge of paying money he was not legally allowed to pay. The indictment of Mr. Hastert, a former House speaker, released last week, lays out two counts: taking money out of the bank the wrong way, and then lying to the F.B.I. about what he did with the money. Does that make sense? Conor Friedersdorf of The Atlantic, for example, is worried that the indictment constitutes government overreach, punishing Mr. Hastert for concealing payments whose disclosure he may have thought would be damaging to his reputation, but which were not illegal.”

Feds Charge Developer Alex Papas with Fraud, Conspiracy

Arizona Republic: “An Arizona real-estate developer was arrested last week on fraud and bankruptcy charges stemming from an alleged scheme to hide $17 million in assets. Alex Papakyriakou, also known as Alex Papas, 57, of Phoenix is accused of bank fraud and conspiracy to commit bankruptcy-related offenses, including concealing assets and falsifying records, according to the U.S. Department of Justice. The indictment, filed in Arizona, alleges Papas used more than $150 million from investors and $250 million in bank loans to buy and build shopping centers, mostly in Arizona, between 1997 and 2008.”

Obama Threatens to Veto Laws Passed that Require Him to Follow the Law

Washington Examiner: “President Obama is threatening to veto a law that would allow Congress to sue him in federal courts for arbitrarily changing or refusing to enforce federal laws because it ‘violates the separation of powers’ by encroaching on his presidential authority. ‘[T]he power the bill purports to assign to Congress to sue the President over whether he has properly discharged his constitutional obligation to take care that the laws be faithfully executed exceeds constitutional limitations,’ the White House Office of Management and Budget said”

Unprosecuted Felonies: Wind Farms Killed 67+ Eagles in Last Five Years

Fox News: “Wind energy facilities have killed at least 67 golden and bald eagles in the last five years, but the figure could be much higher, according to a new scientific study by government biologists”

A federal law called the Bald and Golden Eagle Protection Act provides for the protection of the bald eagle and the golden eagle prohibiting the “taking” of eagles. The term “take” includes killing an eagle. See 16 U.S.C. 668c; 50 CFR 22.3. The civil penalties for violating the Act include a maximum fine of $5,000 or one year in prison. Second convictions have a penalty of a $10,000 fine or up to two years in prison. Killing an eagle can also be a felony with a fine up to $250,000 or two years in prison. Fine double if the killer is an organization.

Although killing eagles is a crime ignored by President Obama and Eric Holder you better not kill a duck without a permit or you may be prosecuted. Obama’s Department of Justice chartered a helicopter to fly over land in North Dakota looking for dead ducks. The federal duck police spotted two dead ducks in a pond on land owned by Oilman Bud Brigham, the head of Brigham Resources. The ducks had drowned in oil run off ponds. The feds charged Bud with crimes and prosecuted him. If convicted he could have been imprisoned for up to six months for each death.

The judge threw out the case as absurd. He said the federal duck police were trying to criminalize the following activities that result in dead ducks: driving, owning a building with windows. farming and owning a cat.

See “Oil Companies Prosecuted for Avian Deaths but Wind Companies Kill Birds With Impunity.”

President Obama on President’s Authority to Take Unilateral Military Action

In 2007 former constitutional law professor Barack Obama answered a question about the President’s authority to unilaterally cause the U.S. to take military action.

Q. In what circumstances, if any, would the president have constitutional authority to bomb Iran without seeking a use-of-force authorization from Congress? (Specifically, what about the strategic bombing of suspected nuclear sites — a situation that does not involve stopping an IMMINENT threat?)

OBAMA: The President does not have power under the Constitution to unilaterally authorize a military attack in a situation that does not involve stopping an actual or imminent threat to the nation.

Obama was also asked about the ability of the federal government to conduct searches without a warrant.

Does the president have inherent powers under the Constitution to conduct surveillance for national security purposes without judicial warrants, regardless of federal statutes?

The Supreme Court has never held that the president has such powers. As president, I will follow existing law, and when it comes to U.S. citizens and residents, I will only authorize surveillance for national security purposes consistent with FISA and other federal statutes.