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onenote

(42,685 posts)
13. Typical teabagger legal analysis
Tue Mar 6, 2012, 04:21 PM
Mar 2012

The crux of the teabagger (that would be Rep. Amash) argument is as follows:

"Current law makes it illegal to enter or remain in an area where certain government officials (more particularly, those with Secret Service protection) will be visiting temporarily if and only if the person knows it's illegal to enter the restricted area but does so anyway. The bill expands current law to make it a crime to enter or remain in an area where an official is visiting even if the person does not know it's illegal to be in that area and has no reason to suspect it's illegal. (It expands the law by changing "willfully and knowingly" to just "knowingly" with respect to the mental state required to be charged with a crime.)"

Only one problem. The revised law didn't just drop "willfully". It added "without lawful authority." The combination of "knowingly" and "without lawful authority" means that if you go into an restricted area you can be convicted if you have knowledge that you've entered the area AND knowledge that you don't have the lawful authority to be there.

Indeed, the legislative history underlying the legislation points to the addition of "without lawful authority" language as the addition of an important element to the offense defined in this section of the bill.


I can't say I'm surprised by Amash's misguided legal analysis. Its pretty typical of the teabagger crowd to come to a conclusion and then stretch and misstate the law to support that conclusion. (See, for example, the teabagger crowd's legal gymnastics on the birther issue).

I am surprised, and a bit sad, to see teabagger legal analysis cited here on DU, however.

It is being pushed pretty hard by the "both parties are the same" crowd here on DU too. FSogol Mar 2012 #1
+1... SidDithers Mar 2012 #4
"Can't wait for official election season 'round here." - Same here. FSogol Mar 2012 #5
FASCIST! Drunken Irishman Mar 2012 #27
Yes it is, he's using this old law to raise funds. nt sufrommich Mar 2012 #2
There's more ... GeorgeGist Mar 2012 #3
You just proved the OP's point... SidDithers Mar 2012 #6
Typical teabagger legal analysis onenote Mar 2012 #13
It's what they do. n/t ProSense Mar 2012 #25
being pushed by Ron Paul supporters and ..... surfdog Mar 2012 #7
The faux freakout over Ron Paul is a symptom of malignancy in our party. woo me with science Mar 2012 #8
Ron Paul support isn't a threat to the Democratic Party... SidDithers Mar 2012 #9
ACLU Sacramento, AlterNet and others G_j Mar 2012 #10
That is not ProSense Mar 2012 #15
oh boy. a bunch of links to cites that uncritically repeat or quote a russian times article onenote Mar 2012 #16
Thanks for the links. I've done a few searches looking for coverage from the left limpyhobbler Mar 2012 #20
The blogger on Turley's site is incompetent onenote Mar 2012 #21
Thanks for that response. May I ask which information sources you are using to get information about limpyhobbler Mar 2012 #26
I wouldn't go there. mmonk Mar 2012 #11
Alex Jones is a fearmonger Lawlbringer Mar 2012 #12
A broken clock is right twice a day. Cleita Mar 2012 #14
So you would leave 18 USC 1752 as it is today an would not add the WH and VP's residence onenote Mar 2012 #17
It was already on the books, 1971 if you call that on the books SunsetDreams Mar 2012 #18
Well ProSense Mar 2012 #19
Sure. The ACLU is a well known Right Wing organization. Tierra_y_Libertad Mar 2012 #22
The ACLU is not pushing it SunsetDreams Mar 2012 #24
It could be argued that arrest and incarceration only glamorizes protests librechik Mar 2012 #23
Petition to uphold our right to petition our grievences shark_attackk Mar 2012 #28
I take it you don't understand what the effect of a veto would be onenote Mar 2012 #29
Hi Dave! Itchinjim Apr 2012 #30
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