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PyRosflam
Aug 11, 2007
The good, The bad, Im the one with the gun.

evilweasel posted:

I would love Perry to be guilty, but this case is such an embarrassment that whoever brought it should be out of a job. This is not a crime, however sleazy. A governor is entirely within their rights to make a veto threat in these circumstances and if there's an abuse of power here its the prosecutor.

The court could use a black box ruling. Person investigated Perry for wrongdoing, Perry shut down the persons department. The tool used (in this case the line item veto) could easily go into the black box. Thus you show simple cause and effect, You investigate Perry, He shuts you down.

The question would come down to if the method used is an element of the crime.

We can of course thank a few supreme court rulings that have been using this logic as of late to shut things down that they don't like.

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