Once again, Roth has crafted a highly misleading case worthy of an aggressive prosecution, based on the allegation that the IDF caused unnecessary or indiscriminate harm to civilians.
Here there is no more harassment alleged than that ordinarily and necessarily entailed by a criminal prosecution based on a good faith belief that the defendants have violated a statute.
The House Ways and Means Committee is scheduled to vote Wednesday morning on whether to refer Lerner to the Justice Department for criminal prosecution based on alleged actions with the IRS that the panel has not disclosed.
That could be the basis for a prosecution based on negligence ― failing to uphold the law without actually trying to break it.
Democrats, however, noted that the bill would specifically bar prosecution based on an individual's expression of "racial, religious, political or other beliefs".
"It's shocking to think that someone would be vulnerable to criminal prosecution based on a prior horrific event, and not on their alleged actions," she said.
Nor is there any suggestion that the government targeted Mr. Swartz for prosecution based on personal or political reasons, or as part of a vendetta against political foes, as in the horrendously unfair federal prosecution of former Alabama Governor Don Siegelman.
On the other hand, it is implicit in the majority opinion in this Court that the petitioner does run the risk of a federal prosecution based on his own testimony under Feldman v. United States, 322 U.S. 487, 64 S.Ct.
But the court left open the possibility of prosecution based on kickbacks and bribery.
The court left open, however, the possibility of prosecution based on kickbacks and bribery.
A prosecution based on our statutory system for protecting wildlife would be difficult to prove.
