then Congress should make the law more specific.
Your client has been found guilty, Counselor. Deal with it.
I think the “This Law Is Silly” defense has legs, don’t you? :rolleyes:
This application of the law is untested and silly, not the law itself. Many examples can be argued that way.
For example, we are all against child pornography, but when a 15 year old sends a picture of her breasts to another 15 year old, we can argue that this particular application of the child pornography law is silly and we can fight in court to see if we win.
So far, everyone has just parroted the party line and not responded to any of my points: it is stupid to apply the law in this way and to be outraged at such a non-event is pure partisanship of the highest order. However, Trump sucks, so all is good and just another day at the SDMB.
The steelman of your position is “the law is unconstitutional in this application”.
That’s… a take. One I disagree with.
But beyond that, do you see any problem with the administration telling its own, self-appointed watchdogs, “Yeah, this law you guys are mentioning, it’s unconstitional, but instead of amending it through congress or actually going through the court system, we’re just going to tell you to fuck off and refuse to apply it”? Do you feel like that sets a potentially dangerous precedent at all?
When the OSC reprimanded Kathleen Sebelius for a Hatch Act violation in 2012, Republicans and conservatives seemed to think it was a fireable offense and called for her dismissal.
The same thing happened when Julián Castro violated the act.
Both of those violation were one time unscripted mistakes and the violators were appropriately contrite. Unlike Conway, who has racked up multiple violations and continues to remain defiant. But the talking point about the OSC acting in partisan manner and “picking on Trump” is pure unadulterated bullshit. They watch everyone.
I’ll respond to this: no; it isn’t. It isn’t stupid. It’s smart. For lots of reasons which were laid out at the time the law was passed and mostly brought up in this thread already. There’s maybe even some good reasons that we’ve come to realize since the law was passed.
Why, we can’t stand for that sort of nitpicking!
That is solely the domain of defense attorneys!
And Attorneys General, nowadays.