Questions tagged [us-federal-government]

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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.
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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 ...
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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 ...
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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 ...
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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?
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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 ...
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1answer
68 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 ...
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3answers
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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 ...
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1answer
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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 ...
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89 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....
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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 ...
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3answers
112 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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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?
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3answers
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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 ...
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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 ...
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1answer
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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 ...
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1answer
656 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: ...
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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?
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40 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 ...
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1answer
141 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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654 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 ...
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1answer
78 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 ...
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177 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 ...
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1answer
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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, ...
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1answer
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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 ...
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1answer
58 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 ...
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1answer
65 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 ...
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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, ...
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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 ...
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1answer
105 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 ...
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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 ...
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1answer
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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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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 ...
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133 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 ...
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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 ...
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1answer
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 ...
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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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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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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?
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1answer
372 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 ...
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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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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?
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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 ...
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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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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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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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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 ...
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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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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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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 ...