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Reply #1: An element of the reasonable reliance defense: Model Penal Code Rule Sec 2.04(3)(b) [View All]

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Supersedeas Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-17-09 10:29 AM
Response to Original message
1. An element of the reasonable reliance defense: Model Penal Code Rule Sec 2.04(3)(b)
A person's belief that her conduct is lawful constitutes a defense if:

1. she relies on an official, but erroneous, statement of law;
2. the statement of law is found in an official interpretation by a public official or body responsible for the interpretation, administration, or enforcement of the law; AND

AND

3. the reliance is otherwise reasonable.


By releasing the Memos, the Obama Administration is 'anticipating' the presense of the first two elements of the reasonable-reliance defense.

By pronouncing the conclusion that there will be no prosecutions, the Administration is ASSUMING the presense of the third element without considering the particular past acts involved.

It is an Anticipation and an Assumption that none of us regular folks would ever EVER receive.
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