Questions tagged [us-federal-government]
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93
questions
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1answer
63 views
Can governors deploy state police vs federal police?
(Non US national here)
Can the governors of states that disagree with the deployment of federal troops deploy some kind of state force to stop these? Does state police loyalty lie with the governor or ...
3
votes
3answers
92 views
What legal authorities provide for DHS to police cities?
I heard about 40 U.S. Code § 1315 on a podcast. It allows HHS officers to safeguard federal property and gives them arrest power under explicit conditions - (c) arrest people they witness committing ...
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0answers
48 views
Can the Federal Protective Service make arrests without identification or in unmarked cars?
This week, a protestor who was part of the George Floyd protests in Portland, Oregon was arrested by federal agents who were without identification, and who put him into an unmarked van. Customs and ...
4
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3answers
129 views
Why is it ok to submit false statements to a judge, according to 18 USC 1001(b)?
18 USC 1001(a) makes false statements to the federal government a felony.
However, 18 USC 1001(b) says:
Subsection (a) does not apply to a party to a judicial proceeding, or that party’s counsel, for ...
30
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7answers
8k views
Does the government control what time it is?
Does the government control what time it is?
Recently, I read that the west coast states are considering dropping Daylight Savings Time. Apparently, the process is first for the states to agree, and ...
1
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2answers
77 views
What happens if nobody “stands in defense” of a lawsuit against the US government as administrations change?
This answer to the Politics SE question What happens to lawsuits against US presidential administrations when the administration changes due to an election? has been well received and so I've accepted ...
-1
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1answer
44 views
does false statement statute really reach this far?
The Federal statute against false statements at 18 U.S.C. 1001 seems to ban almost any lie that gets reported to the executive or judicial branch (the legislative branch is treated more narrowly).
...
1
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1answer
40 views
Limitations on US DEA
A rather disreputable source, Buzzfeed News, says
The DEA is limited by statute to enforcing drug-related federal
crimes. But on Sunday, Timothy Shea, a former US attorney and close
confidant ...
1
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0answers
26 views
May any former felons legally purchase modern firearms after expungement?
The state in question is Michigan, but I'm curious about the question in America generally. I'm aware about Michigan's requirements before petitioning for expungement.
I'm not clear if either or ...
3
votes
1answer
90 views
What are the implications of the new executive order regarding social media?
As I understand it, Trump is planning to issue an executive order that claims some social media platforms are violating the Communication Decency Act Section 230 by not acting in good faith, and as a ...
0
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0answers
28 views
Is it legal in the USA to create sexualized pornography of underage teens if only breasts are displayed?
The federal definition of child pornography and what constituted sexually explicit depictions came up as part of a previous question of mine. Judging from that answer it appears that the definition ...
1
vote
2answers
55 views
Where is Arizona's [and other states] timezone defined?
Where is the timezone defined for Arizona? Is it in the Arizona constitution? Is it in Arizona Revised Statutes? Is it in the United States constitution? Is it in the United States Code? Where is ...
0
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1answer
34 views
What legal precedent exists for states blocking their governors extended stay at home orders?
Several states now have had their extended Sam home orders challenged by lower courts, before they were advanced to their state supreme courts. What constitutes this? I would assume that during any ...
0
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2answers
126 views
Does the ATF have jurisdiction to prohibit gun sales to marijuana users when the marijuana used is not subject to federal jurisdiction?
Does the ATF have jurisdiction to prohibit gun sales to marijuana users when the marijuana used is not subject to federal jurisdiction?
https://www.law.cornell.edu/wex/commerce_clause
If the ...
-1
votes
1answer
42 views
Regarding US law 229 on toxic chemicals
By the definition set forth in Title 18, chapter 1B, Section 229, tobacco is a toxic chemical. How would one go about getting it classified as one?
The definition states:
(1) Chemical weapon.-The ...
-2
votes
1answer
61 views
How are US departmental policies enforceable?
I don't understand: what's the point in all those numerous policies issued by departments for their staff if, as I understand it, they are not enforceable? There is no legal punishment for not ...
9
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3answers
2k views
What laws apply to Visa holders in the US?
I'm a French citizen currently staying in Los Angeles for studies under an F1 Visa.
I was told that in the US, only federal law applies to foreigners which is why despite Pot being legalized in ...
1
vote
0answers
90 views
Is it legal to reverse-engineer free US government software?
The US government provides a number of closed-source software packages to the public for free. Some packages are explicitly listed as "public domain"; other packages list a specific agency as the ...
1
vote
2answers
41 views
If Emoluments violations are tied to the governmental institution, do they go away when the violator leaves the government?
My question on Politics.SE around the recent DC Appeals Court dismissal of emoluments charges against the president on procedural grounds brought on a discussion better suited to here:
If an ...
0
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3answers
146 views
Is there US law that can compel Apple to create software?
It is my understanding that US law has jurisdiction or routinely compels corporations (BA, VZN) to:
turn over customer data to law enforcement(VZN)
how to build systems (in regulated products: BA ...
3
votes
1answer
437 views
What body is the US Department of Homeland Security (DHS) accountable to for aviation security functions?
The United States House Transportation Subcommittee includes:
transportation safety (except automobile safety and transportation security functions of the Department of Homeland Security)
Which ...
0
votes
2answers
63 views
Is the federal charge for illegal possession of a firearm considered a “violent” crime or a crime of violence?
Per 18 U.S. Code § 922 (D)(3) and (G)(3) it is illegal to sell or buy a firearm to/as someone who is "an unlawful user of or addicted to any controlled substance." This includes cannabis, even though ...
0
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1answer
92 views
Can an individual be forced to wear a shirt when driving on federal grounds?
I have a friend who regularly drives without a shirt on during summer since he refuses to turn on his AC if he can avoid it. He works on a military base, and as such has to pass a security point ...
2
votes
2answers
83 views
Can State/City bar US Federal LEO from certain locations?
The Official Website of the City of New York claims:
Federal enforcement officers, which includes ICE, cannot enter hospitals, schools, or shelters.
What exactly does this mean?
E.g., suppose an ...
5
votes
1answer
75 views
Is the vice-president an employee for the purpose of 5 CFR §2635.502?
It's been suggested on politcs.SE (but the question was closed as off-topic there) that a US vice-president needs to comply with 5 CFR §2635.502 which sets stricter standards for conflicts of interest ...
4
votes
1answer
66 views
Is a corrupt Attorney General able to quash any and all Federal investgations?
(I'll try to ask this in as non-biased way as possible)
If an Attorney General is part of a corrupt administration, would he or she be able to quash any and all Federal investigations related to that ...
0
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1answer
85 views
US regulations on launch-to-orbit provider refusing to launch a competitor's payload? Do common carrier concepts apply?
Here is an example scenario:
Teslarati's SpaceX president teases Starship’s game-changing Starlink launch capabilities provides several links, including CNBC's article and discusses the difficulty of ...
2
votes
0answers
84 views
Does US federal law prohibit the possession of an uncontrolled prescription drug without a prescription, and if so, according to which provision?
What specific provision in US federal law, if any, prohibits the possession of an uncontrolled prescription drug without a prescription? I've had a lot of trouble finding the answer to this question, ...
1
vote
1answer
75 views
Personal Reports We Are Entitled to BY LAW (Other than Credit Reports from Experian, Equifax, Transunion)
Are there personal reports US citizens are BY LAW, entitled to other than credit reports from Experian, Equifax and Transunion.
For instance, I could have sworn I saw a government website on MIB, i....
2
votes
0answers
43 views
In the US has anyone ever been prosecuted on the state/federal level after being pardoned on the other level?
As I understand it, assuming that an individual's actions violated both state and federal laws, there is nothing legally preventing a state for prosecuting an individual for the crime after the ...
3
votes
1answer
622 views
What law grants life tenure to federal judges in the US?
In the United States, what law grants life tenure to federal judges? The Good Behaviour Clause of the Constitution says:
The Judges, both of the supreme and inferior Courts, shall hold their
...
0
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1answer
423 views
How many presidents have sued others?
How many presidents have sued people, corporations, banks, for defamation, for libel, etc. (for any reason at all).
NOT how many have been sued... The other way around.
2
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0answers
28 views
Why was the decision to make a non-traditional prosecutorial judgement unclear at the start of the 2017 Special Counsel Investigation?
Background
One comment on this question about Robert Mueller's 2017 Special Counsel Investigation inquired about a specific aspect of the investigation. This aspect related to the prosecutorial ...
44
votes
7answers
11k views
USPS Back Room - Trespassing?
I go to my local post office nearly every day to drop off packages for online purchases. A couple of years ago, I had a van full and it would have taken many trips to bring them inside. I asked a ...
5
votes
2answers
269 views
If someone was charged with 15 counts but was only indicted on 2, can the prosecutor introduce evidence at sentencing of charges that we not indicted?
I just have a question about information being presented that a defendant was not indicted on. If someone was charged with 15 counts of a crime but was only indicted on 2 counts, can the prosecutor ...
0
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1answer
57 views
If we were to setup a cannabis store online hosted in Colorado (or any other state), can we legally serve California?
My main question is that since cannabis is still prohibited federally, would be illegal for cannabis sales data and payment processing to cross state lines?
4
votes
2answers
127 views
Why can't Robert Mueller give the report to congress?
With the recent vote to hold William Barr in contempt of congress, I have one main question. Why can't Robert Mueller just give the report to congress? It's obvious that I don't understand the full ...
1
vote
1answer
98 views
Arrest for civil violation in the US?
Immigration officers in the US can arrest people who have violated immigration law, even if the violation is not criminal (8 USC 1357(a)(2), 8 CFR 287.5(c)(1)). Are there other examples of civil ...
0
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3answers
185 views
What laws are being broken by publishing a non-redacted version of the Muller Report?
What laws might be broken if someone created a non-redacted version of the Muller Report?
That is, suppose they wrote a version of the redacted portions and claimed they have no idea if it's the ...
2
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1answer
74 views
Can a US cabinet secretary be criminally liable for a misapplication of federal law?
I am a bit surprised that this hasn't been asked yet, but it seems indeed that it has not.
A few days ago, CNN reported:
President Donald Trump told Customs and Border Protection Commissioner Kevin ...
0
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3answers
96 views
When a company sues the “U.S.”, who are they really suing?
According to this Wall Street Journal report, Huawei is suing the "U.S.".
What does this really mean?
Are they suing the entire U.S. government, a branch of the U.S. government, the people of the U....
8
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2answers
1k views
Can someone be penalized for an “unlawful” act if no penalty is specified?
If a US federal statute specifies that an act is unlawful without specifying a penalty, without using any of the words "misdemeanor," "felony," or "crime," and without ...
2
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3answers
144 views
what is “just compensation” during eminent domain?
The United States government uses eminent domain to seize private land for public use in exchange for "just compensation", but would the landowner be compensation for the structures on the land being ...
1
vote
1answer
80 views
What percentage of a Qui Tam is recovered?
In the case of a Qui Tam filing with the United States attorneys office what percentage of the recovered damages go to the person that filed with the office?
2
votes
3answers
240 views
What is law of the case in the us federal court system for district court judges?
Someone recently brought up the apple fbi phone unlock case and I, not being a lawyer, got curious about whether, if a final decision had been reached by that judge, what exactly that would mean. That ...
12
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3answers
5k views
Would it be legal for a US State to ban exports of a natural resource?
I am interested in whether a US state constitution could be legally amended to ban exports of specific natural resources (such as coal, lithium or copper) outside it's own state borders.
If such a ...
10
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1answer
1k views
Is the U.S. Code copyrighted by the Government?
The age of the internet has brought all of human knowledge to our figure tips, this is only possible because of companies finding profitable reasons for storing all of this information for ...
6
votes
1answer
2k views
Title 53, why is it reserved?
Title 53 is currently 1 of 54 titles that make up the United States Code, each title is marked with the topic of law it contains, but Title 53 is marked as reserved.
The listing of Title goes:
Title ...
3
votes
2answers
64 views
What happens if an individual exceeds the maximum to be donated to a presidential candidate?
For 2020, the maximum donation is $2800. What trouble will someone be in if they break that rule, either on accident or purposely?
0
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1answer
62 views
Criminal Liability for judges under 42 USC 290-dd2(f) and 42 CFR 2.63 [Confidentiality of Substance Abuse Patient Records]
42 USC 290-dd2 establishes heightened confidentiality requirements for certain (really most) substance abuse treatment records. The statute grants authority to HHS to interpret the law and create ...
