Questions tagged [us-federal-government]
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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 ...
40
votes
6answers
10k 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 ...
6
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2answers
161 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
55 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
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2answers
111 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
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1answer
65 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
156 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
votes
1answer
56 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 ...
0
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3answers
85 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....
7
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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 invoking Title 18 CFR, can a ...
2
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3answers
108 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 ...
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1answer
52 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
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3answers
148 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
votes
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 ...
11
votes
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
538 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:
...
3
votes
2answers
51 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
votes
1answer
39 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 ...
2
votes
1answer
138 views
Can a Federal Actor, through coercion, or by the omission of information, force a U.S. citizen to waive a state-given Constitutional right?
Can a Federal Actor, through the use of coercion, or by the omission of information, force a U.S. citizen to waive a state-given Constitutional right?
Specifically: On the date of March 19, 2010, an ...
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vote
3answers
617 views
Who actually enforces the bill of rights
The US bill of rights was constructed to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public ...
1
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1answer
74 views
What principal of law allows the US federal government to demand that people work without pay?
Certain US federal employees are required to work without pay in the event of a government shutdown (i.e. budgetary incompetence). If you are classified as an an essential employee, you must work with ...
1
vote
1answer
167 views
Can I pay less taxes because of the government shutdown?
It's my understanding that the role of taxation is to maintain a functional government. At this time, I suspect that the U.S. government is saving quite a bit of money by not paying some subset of its ...
2
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1answer
48 views
Is the White House Weekly Address copyrighted?
I understand that US government films are not protected by copyright laws, but does this include White House Weekly Address? Are all episodes of weekly addresses free from copyright protection, ...
1
vote
1answer
82 views
Legality of ATF in their Final Review of Bump Stock regulation
I have been interested in the procedural legality of the Alcohol, Tobacco, and Firearms (ATF) Agency's Final Review of Bump Stocks.
There are two to the legality issue, and I'm only concerned with ...
1
vote
1answer
57 views
Does a DOJ grant of immunity protect against contempt of congress, or reenforce it?
For example, let's take Clinton tech aide Bryan Pagliano, who was granted some form of immunity by the Justice Department. The timeline on this seems confusing, but I'll summarize information I ...
2
votes
1answer
62 views
Private companies asking for Social Security Number?
I thought that the privacy act (HIPAA) forbade use of the Social Security Number, or even asking for it, except by banks and federal agencies.
Nevertheless, I frequently get asked for my Social ...
7
votes
2answers
771 views
How can the President appoint Whitaker as Acting Attorney General?
Today the president asked for and received the Attorney General’s resignation. Then it was announced that the DOJ Chief of Staff, Matthew Whitaker would be the Acting AG and according to the Hill, ...
0
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2answers
72 views
Is the government liable for data destroyed during a forensic examination?
Lets say you just traveled outside your home country (USA). You keep your data on a secure USB (FIPS 140-2 level 3) that will self destruct after (x) number of failed attempts. The data you keep on ...
0
votes
1answer
101 views
Can a government sue it's citizens for “libel”?
If a citizen of a nation is deliberately spreading lies against a given government of a country (let's say U.S. federal or state government) to undermine it's capacity to act properly then can the ...
3
votes
1answer
2k views
Is it not illegal to take minors across state lines without parental permission?
In the context of Roe v Wade discussion of the abortion issue, it's been suggested that even if the decision were to be reversed, it would have little effect. The argument goes along the lines that ...
2
votes
1answer
79 views
US Federal Laws Pertaining to Banned Books
I've been having trouble with my search for federally banned books. Many searches show books which are banned in local libraries or by the state, but not nationally. The only book I could find that ...
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vote
2answers
52 views
Is it legal to require registration to obtain US Government software or data?
Is it legal to require registration to obtain US Government software or data?
For example, if a government web site makes you put in an email address before you can access public data or public ...
0
votes
1answer
120 views
Can we use Marines' sign for personal signature?
So I'm asking here as a normal person, not as Marine Corps.
So as a marine fan, is it possible (legal) to add Marines' Eagle, Globe, and Anchor (EGA) sign before your name in the end of documents or ...
2
votes
1answer
67 views
Can the US Government assert copyright on a government work internationally?
From what I understand, large swaths of US Government works are considered "public domain", but this unrestricted status applies only within the United States,
For this question I am assuming the ...
2
votes
0answers
1k views
Can a sitting U.S. president be imprisoned without impeachment?
A sitting U.S. president can not be indicted for federal crimes as a matter of constitutional separation of powers and DOJ policy, among other reasons.
The president's constitutional protections and ...
4
votes
3answers
2k views
Can any crime be a federal crime in the US?
As an example, can the US Congress declare that jaywalking is a federal offense? Or would the jaywalker have to cross a state border in order for the crime to become prosecutable by federal ...
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vote
2answers
63 views
Is it possible to find all U.S. federal laws digitized and online?
Are all of the federal laws in the United States digitized and available to the public through some free ".gov" website? Is it possible to download them all into, say, PDF?
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0answers
49 views
Can a local police officer (or local DA) charge someone with breaking a federal law?
Can a local police officer (or local DA) charge someone with breaking a federal law or can they only charge suspects with violating state laws?
2
votes
1answer
363 views
Overturning a presidential pardon and double jeopardy
President Trump pardoned Joe Arpaio of any other offenses under Chapter 21 of Title 18, United States Code that might arise, or be charged. This question asks about overruling a pardon and it seems ...
3
votes
2answers
955 views
Is it illegal for the US government to compete with private industry?
I've heard several people say that it's illegal for the US government to compete with private industry. The specific context was about developing and providing software (desktop programs, mobile apps) ...
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vote
2answers
235 views
Can a presidential pardon be overruled?
I know a presidential veto on a law (or bill, since they didn't sign it) can be overruled by a two-third vote in both houses. Is the same, or a similar process, available to overturn a pardon?
2
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1answer
90 views
Why does “Day 1” of the 20-day response time limit for FOIA requests begin the day AFTER agency receipt of a request?
Why does "Day 1" of the 20-day response time limit for FOIA requests begin the day AFTER [the proper component in an] agency receives a perfected request?
I understand that under Rule 6 of the ...
3
votes
1answer
168 views
When a U.S. Attorney files charges, does this mean it is automatically filed on behalf of the DoJ?
Background
Piggy backing off the question about two United State political bodies conducting an investigation, someone made a comment that the a U.S. attorney is always part of the DoJ. I understand ...
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vote
1answer
72 views
How does the government define people who are not married but living together?
I receive disability benefits from Social Security, and every year they do a phone interview. In the past, I was asked if I was married, and I said, no. They also asked if I lived with anyone I ...
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2answers
2k views
What is the legal penalty for “contempt of Congress”?
In reading a recent article that suggested Steve Bannon might be found in "contempt of congress", I realized that there's no information on what the penalty for that might be, unlike the statutorily ...
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votes
2answers
94 views
Could I object to paying US Federal taxes on moral grounds? [duplicate]
In the United States could I sue the Federal government because I don't agree with my money being used to kill people in wars? Is there any legal precedent? Are there any active movements to try to ...
2
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0answers
82 views
Is the US federal executive allowed to misrepresent federal law?
The US Department of Homeland Security is misrepresenting federal law on its page of frequently asked questions about the biometric exit system that is currently being developed. In particular, they ...
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2answers
95 views
Does Manafort v. DOJ, Rosen and Mueller have any merit?
Does Paul Manafort's suit against the DOJ, Rod Rosen and Robert Mueller have any merit? Paul Manafort Sues Mueller and Asks a Judge to Narrow the Russia Investigation - The New York Times.
The DOJ's ...
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1answer
59 views
Can the government change a plea offer based on a dismiss motion the defense files?
Suppose you are accused of something that doesn't make sense or shouldn't be placed on you based on jurisdiction, and decide with your retained defense attorney to file a motion to dismiss those ...
3
votes
2answers
217 views
Naive approach to aggregating all US Federal Laws?
I'm a software developer and I've recently found myself curious about the US Federal Laws. There's a seemingly unsolved question of "How Many Federal Laws Are There?" (https://blogs.loc.gov/law/2013/...
