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rpgamerd00d Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Feb-06-06 11:13 PM
Original message
I have a mission for all DUers - Its a scavenger hunt for info
Please find every US law (federal, state, or local) you can find which contains the phrase:

"except as authorized by statute"

or ANY Similar language.

Post it here.
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Extend a Hand Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Feb-06-06 11:23 PM
Response to Original message
1. just out of curiosity
why?
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rpgamerd00d Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Feb-06-06 11:24 PM
Response to Reply #1
2. Because Any law with language like that can be broken by...
... Bush due to the AUMF (Authorization to Use Military Force), if Gonzalez interpretation is correct.
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Extend a Hand Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Feb-06-06 11:39 PM
Response to Reply #2
7. I pm'd you 50
with crappy formating. At work-- so no time to tidy up.
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Viva_La_Revolution Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Feb-06-06 11:26 PM
Response to Original message
3. OK
TITLE 50 > CHAPTER 36 > SUBCHAPTER I > 1809
1809. Criminal sanctions

http://www.law.cornell.edu/uscode/html/uscode50/usc_sec...

so far, that's it... still looking
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Viva_La_Revolution Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Feb-06-06 11:38 PM
Response to Reply #3
6. I'm running across it alot...
Pennsylvania, WA State...

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Viva_La_Revolution Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Feb-06-06 11:53 PM
Response to Reply #6
13. from findlaw
linked to this case file - Interesting in itself... a military officer charged with Embezzlement among other things..

Page 2, #3 ...was bound to conduct government business in a manner above reproach, except as authorized by statute or regulation...
http://news.findlaw.com/hdocs/docs/crim/usmoran702ind.p...

6 other items found, 4 of them relate to the NSA case.

the other one is an immigration case...

...whether a particular non-citizen will be admitted or excluded from the country,
except as authorized by statute or regulations...
http://supreme.lp.findlaw.com/supreme_court/briefs/01-1...

So it seems to be used with some regularity.

What does it mean?
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rpgamerd00d Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-07-06 12:01 AM
Response to Reply #13
16. Any law can be overriden by Bush via the AUMF if Gonzolez logic holds
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Sydnie Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Feb-06-06 11:27 PM
Response to Original message
4. another phrase to pay attention to is
"and take any other action relative there to". That appears in so many and is a free hand to manipulate the intent.
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ms.smiler Donating Member (311 posts) Send PM | Profile | Ignore Mon Feb-06-06 11:35 PM
Response to Original message
5. I found something
Apart from these specially protected records, Pennsylvania law is more general. Pennsylvania Code 16.61 describes unprofessional and immoral conduct by a physician that is subject to disciplinary action by the state licensing board. One item involves disclosure of confidential information:

(a)(1) Revealing personally identifiable facts, obtained as the result of a physician-patient relationship, without the prior consent of the patient, except as authorized by statute.

http://www.pamedsoc.org/Template.cfm?Section=Privacy&te...
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rpgamerd00d Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Feb-06-06 11:42 PM
Response to Reply #5
10. So, Dr/Patient priveledge can be broken by Bush...
... and the Doc has to comply if Bush tells him is for National Security.
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deadparrot Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Feb-06-06 11:41 PM
Response to Original message
8. If you run it though Google,
tons of stuff shows up. I'm sure it's not all usable, but it's worth weeding though, if one has the time:

http://www.google.com/search?hl=en&q=%22except+as+autho...
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rucky Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Feb-06-06 11:42 PM
Response to Original message
9. You may want to specify "Federal" laws.
just to focus our googling
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magellan Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Feb-06-06 11:49 PM
Response to Original message
11. Federal Acquisition Regulation (FAR)
FAR 3.101-1 states:

Government business shall be conducted in a manner above reproach
and, except as authorized by statute or regulation, with complete
impartiality and with preferential treatment for none. Transactions
relating to the expenditure of public funds require the highest degree
of public trust and an impeccable standard of conduct. The general
rule is to avoid strictly any conflict of interest or even the appearance
of a conflict of interest in Government-contractor relationships. While
many Federal laws and regulations place restrictions on the actions of
Government personnel, their official conduct must, in addition, be such
that they would have no reluctance to make a full public disclosure of
their actions.

http://www.gao.gov/decisions/archive/2812248.pdf
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rpgamerd00d Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Feb-06-06 11:51 PM
Response to Reply #11
12. So, Bush can be partial to a contractor as long as... wait a second...
... he already is! Haliburton!

ROTFLMAO! This explains Haliburton! He is being preferntial in direct contradiction of this law due to AUMF !
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Viva_La_Revolution Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Feb-06-06 11:55 PM
Response to Reply #11
14. That's exactly stated in the Military Embezzlement case I found...
Edited on Mon Feb-06-06 11:57 PM by Viva_La_Revolution
word for word, the whole first sentence.
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Viva_La_Revolution Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-07-06 12:01 AM
Response to Original message
15. Are you a real lawyer or playing one on the internet
like me? I don't want to get all excited and find out it's really nothing. :blush:
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rpgamerd00d Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-07-06 12:02 AM
Response to Reply #15
17. Just making a point to counter Gonzalez assertion that AUMF...
... can bypass FISA because FISA has that phrase in it.
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Viva_La_Revolution Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-07-06 12:07 AM
Response to Reply #17
20. but the point is he says Congress gave him that "statute or resolution"
and we say they didn't. Isn't that the issue?

I wish I'd taken pre-law now...
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magellan Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-07-06 12:04 AM
Response to Original message
18. From the US Dept of Commerce - Summary of Ethics Rules, 2006
"The U.S. Constitution bars you from working for, or accepting any compensation, including salary or travel expenses, from, a foreign government, except as authorized by statute. A statute permits NIST employees in some circumstances to accept compensation through fellowships from foreign governments."

http://www.ogc.doc.gov/documents/written2006-e.pdf
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magellan Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-07-06 12:05 AM
Response to Reply #18
19. Oh sorry, does the Constitution still count?
:P kidding....
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magellan Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-07-06 12:11 AM
Response to Original message
21. Alcohol, Drugs & Pregnant Women
'Except as authorized by statute, "it shall be unlawful for any person to knowingly or intentionally provide or distribute any controlled substance to a pregnant individual in violation of" Title 21 of the United States Code. 21 U.S.C. 861(f).'

http://www.drugpolicy.org/library/gov_responses_overvie...
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magellan Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-07-06 12:27 AM
Response to Original message
22. DOD CIVILIAN INTELLIGENCE PERSONNEL MANAGEMENT SYSTEM (CIPMS)
DoD 1400.34-M

"B BACKGROUND

1. This Appendix establishes the SIES within the DoD civilian Intelligence Personnel Management System (CIPMS). Positions established in SIES are those that are classified above GS/GM-15 or equivalent but do not meet the definition for Senior Intelligence Professional as set forth in Part I.
2. The policies, guidance, and procedures in this appendix are applicable to civilian employees who are appointed or converted to positions in SIES.


9 Supplementation

"The policies in subsections E.1 through .8 above, shall not be supplemented or modified except as authorized by statute or otherwise authorized by provisions of this Appendix. In this regard, the Secretaries of the Military Departments are authorized to issue internal implementing guidance where they or their designee determine such guidance to be essential. Copies of such guidance shall be provided to the OASD (CPP/EO) for review before publication."

http://www.dami.army.pentagon.mil/offices/dami-cp/guida...
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rpgamerd00d Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-07-06 09:18 AM
Response to Original message
23. These are all great, thanks. Keep em comin if you feel like searching.
Edited on Tue Feb-07-06 09:19 AM by rpgamerd00d
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