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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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tactics | 199 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
What you miss
Authored by: PJ on Monday, January 14 2013 @ 06:51 PM EST
No. It won't help. You will be viewed at best
as naive, ignorant of the law, and your lack
of proportionality will neuter their lack of
proportionality.

Be authentic. When you speak from the heart,
it reaches hearts. Phoniness never works for
long.

[ Reply to This | Parent | # ]

tactics
Authored by: IANALitj on Tuesday, January 15 2013 @ 12:01 AM EST
Will it give the prosecutor a nasty fright, or will she and her superiors have a
good laugh in private?

I have never had any dealings with the criminal justice system, but from what I
read, over-charging is seen as just one more prosecutorial tool. This sort of
wild petition is -- or so it seems to me -- likely to cause the Attorney General
and his subordinates at the Department of Justice to join in supporting the
target, U.S. Attorney Carmen Ortiz.

If you want to make the prosecutors regret their actions, it might be better to
apply pressure where it might have an effect.

For example, ask Holder and Holder's boss (President Obama) to institute an
investigation of this over-charging tool. This makes Ortiz a witness, not a
target. There will be plenty of blame to spread around, and you want the
participants to do as much of the blaming of each other as possible. If Ortiz
was at fault, the fact would come out soon enough.

Ask relevant senators and representatives, similarly, to conduct their own
investigations. The more investigations the better. The fact that the Senate
and the House are in the hands of different political parties will make matters
even more interesting.

Perhaps most useful, use this tragedy to urge a reform of the laws that
permitted this over-charging. We have the Lilly Ledbetter Fair Pay Act of 2009
as an example of relatively prompt reform engendered by what was seen as an
unjust law.

Don't just tilt at windmills with a petition that has no chance of getting
anything done.

[ Reply to This | Parent | # ]

  • tactics - Authored by: Anonymous on Tuesday, January 15 2013 @ 12:55 PM EST
Groklaw © Copyright 2003-2013 Pamela Jones.
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PJ's articles are licensed under a Creative Commons License. ( Details )