Miscellaneous And Off Topic Subjects

[THE_WIZARD_]

Meanwhile, in Birmingham some fool tried to rob and/or shoot up a McDonald's and, in the process, steal Alabam"Alum"'s late night Filet o' Fish and bitch about pick deadlines. https://www.ledger-enquirer.com/news...220779880.html

I think the guy was just pissed they didn't have the McRib...

[iam416]

I thought the interstate commerce bit was to pass constitutional muster with SCOTUS. I don't think a crime has to interfere with actual interstate commerce for the feds to charge it.

Congress chose to draft the statute to require an interstate commerce showing. I don't know what else to say. I've quoted the relevant statute and the DOJ Complaint. In 1968, Congress wasn't as brazen with their federalization efforts. They took time to require an affect on interstate commerce to make sure it actually was at least arguably a federal crime. In fact, the relevant statue also includes this provision:

(e) No prosecution of any offense described in this section shall be undertaken by the United States except upon the certification in writing of the Attorney General or his designee that in his judgment a prosecution by the United States is in the public interest and necessary to secure substantial justice.

That provision is right in line with 1968. The Feds were rightfully concerned that States were proceeding with their own brand of justice. So, if they didn't do shit, then the Feds would step in. Here, however, the State of Pennsylvania is going to prosecute the shit out this clown. So, a prosecution isn't needed by the US to secure substantial justice UNLESS you think execution vs life w/o parole is that substantial justice.

[froot loops]

I'm stating definitively and unequivocally that the notion that these charges "[have] nothing to do with interstate commerce" is entirely and completely wrong. The statute is crystal clear as is the Constitution. There HAS to be an interstate commerce element to the crime or it can't be Federal. So, it quite clearly has SOMETHING to do with interstate commerce.

As written the statute is constitutional, IMO, because it requires a showing that there is an affect on interstate commerce. The pleading, however, IMO, may be dismissed because the allegations that meet that element are really, really thin.

I misspoke, you are correct about that but to me that initial post you had about it that either:

1. you were confused on why it was considered a federal hate crime
2. you weren't confused but think the federal hate crime statutes are unconstitutional and were just being sarcastic.

I imagine the interstate commerce pre-req in most federal hate crimes is pretty thin.

[Hannibal]

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I have seen some of those numbers. Is there any relationship between early voting turnout and actual election day results?

[iam416]

I misspoke, you are correct about that but to me that initial post you had about it that either:

1. you were confused on why it was considered a federal hate crime
2. you weren't confused but think the federal hate crime statutes are unconstitutional and were just being sarcastic.

I imagine the interstate commerce pre-req in most federal hate crimes is pretty thin.

I didn't take the time to read the DOJ complaint and relevant statute. If I had then I wouldn't have said anything about the constitutionality of the statute, just the viability of the prosecution. Given the way it is drafted, there's nothing unconstitutional about it. Later laws aren't as careful and are borderline constitutional -- see, e.g., the Supreme Court tossing a portion of the Violence Against Women Act because it didn't satisfy the commerce clause.

As I said, this particular law requires a showing of ISC. I'm sure it's a thin requirement, but I'm also not sure that using a gun that traveled through ISC is going to cut it. That's an extremely thin allegation.

Moreover, I'm not sure how the DOJ will show that "substantial justice" REQUIRES a Federal prosecution.

I've been where I am long enough to see the political optics of a prosecution and here it was important for PDJT and Sessions to move quickly. IMO, it ought to be a State of Pennsylvania prosecution, however, and I say that very much wanting the murderer to get executed.

[froot loops]

We don't have all the info, my guess is the state of Pennsylvania wanted the Feds to prosecute this or at least worked it out. I think there is a provision in one of the various statutes that allows the states to request it be federal case as written in Article 249 B 1 b. I'm not sure that would show up in the criminal complaint, but I'm not a lawyer.

[THE_WIZARD_]

shaddup

[iam416]

my guess is the state of Pennsylvania wanted the Feds to prosecute this or at least worked it out

Maybe. Pennsylvania filed their own charges, though.

[Dr. Strangelove]

I have seen some of those numbers. Is there any relationship between early voting turnout and actual election day results?

Every state tends to be different. There's no one-size-fits-all answer to interpreting early voting numbers. Sometimes it's a sign of voter enthusiasm, sometimes early voting 'cannibalizes' actual Election Day votes. Sometimes they mean nothing. I know Dems have gotten excited over them in the past only to be disappointed.

Additionally nobody knows how many people will crossover vote. I'll assume that Montana Republicans have outnumbered Dems for a while now yet Tester's already won multiple terms there. So clearly some Republicans are voting for him. Just like a bunch of West Virginians who identify Republican are still going to vote Manchin.

[Dr. Strangelove]

I pay attention to Nevada's early voting and Jon Ralston's reporting on them mainly because the guy truly know his state, focuses solely on his state, and has a proven record of being right (he called Nevada for Hillary when nearly every poll was showing otherwise and predicted Harry Reid's reelection in 2010 when most national organizations thought he was finished). Otherwise I'd be skeptical of anyone claiming they know what's going to happen in a particular state or district based on early voting -- especially someone in the national media or a thinktank in DC that's never even been to the place they're talking about.

[hack]

I voted early. I'm sure it's been disregarded.

[iam416]

I didn't realize it, but I guess The Simpsons have fianlly decided to shitcan Apu in response to outcry. And, even sadder, the Browns have fired Hue Jackson. And even worse yet, the Cavs fired Lue.

Lue, Hue and Apu. All out on their ass. What is wrong with this country?

[crashcourse]

I will miss Apu
the others can turn blue

[froot loops]

Its unclear that Apu is gone just yet. Lue and Jackson are.

[Kapture1]

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