In the dilemma that he dare not remain in his home, or voluntarily leave the area, without incurring criminal penalties, and that the only way he could avoid punishment was to go to an Assembly Center and submit himself to military imprisonment, the petitioner did nothing. June 12, 1942, an…
On March 2, 1942, the petitioner, therefore, had notice that, by Executive Order, the President, to prevent espionage and sabotage, had authorized the Military to exclude him from certain areas and to prevent his entering or leaving certain areas without permission. He was on notice that his home city had…
ROBERTS, J., Dissenting Opinion JUSTICE ROBERTS. I dissent, because I think the indisputable facts exhibit a clear violation of Constitutional rights. This is not a case of keeping people off the streets at night, as was Hirabayashi v. United States, 320 U.S. 81, nor a case of temporary exclusion of…
All of this considered, as a practical matter an attorney should get a release from the client and obtain certified admissible paper records of all such witnesses in the ongoing fight. Agencies can be very courteous in getting you these documents as they know it helps them stay out of…
As noted by the United States District Court Southern District of Mississippi: … Touhy’s rationale was undermined by a decision rendered by the Supreme Court two years later, in which it considered a claim of governmental privilege and noted, “Judicial control over the evidence in a case cannot be…
In Forgione v. HCA, Inc. 954 F.Supp.2d 1349 (N. D. Florida 2013), the Government made an unfounded argument that state employees and agents could also be Federal employees for purposes of 28 U.S.C. section 1442. The Court for purposes of the question at bar stated: Right to control is…
You may be reading this because you received a Touhy letter from the Department of Veterans Affairs, Social Security or another federal agency that does not want to comply with your state-court subpoena. They are citing the Supreme Court’s Decision in Touhy, where the Court stated that the Federal housekeeping…
Finally, misprision of a felony may apply in this case (or non case, as we are now being told). Misprision of a felony is often used as a “lesser” crime in federal prosecutions, as it carries a lower punishment range than the underlying felony. A drug conspiracy being pled to…
From the “facts” as disseminated in the media, there are also problems with the apparent destruction of records on the Clinton side. Following the Enron Collapse and the Arthur Anderson scandal, Congress passed the Sarbanes Oxley bill which overhauled accounting and recordkeeping at financial institutions. In that law there was…
However, section 793 has a lower mental state. 18 USC section 793(f) states: “Whoever, being entrusted with or having lawful possession or control of any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, note, or information, relating to the national defense, (1)…