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"So it's hardly a slam dunk to say that the statute covers Twitter or Facebook".
Indeed, the statute covers any "endeavor" to obstruct, meaning that the defendant need not be successful to commit the crime.
"The statute covers those killed or injured in the attacks or its 'immediate aftermath,' but how do you define immediate aftermath?
The measure would strengthen the federal anti-bribery law that was considerably narrowed by a 2010 Supreme Court decision saying the statute covers only cases of outright kickback schemes, requiring proof of quid pro quo corruption.
The statute covers any person who "transports, transmits, or transfers in interstate or foreign commerce any goods, wares, merchandise, securities or money, of the value of $5,000 or more, knowing the same to have been stolen, converted or taken by fraud".
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Against that backdrop, beginning with the Justice Department in the George W. Bush administration, prosecutors began developing more expansive theories about the type of graft that the statute covered.
But the local prosecutor believed (along with others) that the statute covered not only images of real children, but printed or written words involving fictional children.
Another failure, identified by Bracha, is not found in what the Statute covered, but in what it did not.
Irwin Stotzky, a University of Miami law professor, said that the case might be difficult to pursue because the events occurred 40 years ago and were thus possibly beyond the period the statutes covered.
"You have to show that this statute covers no more than what can be prohibited," Justice Anthony M. Kennedy told Mr. Clement.
Mr. Tague argues that the state statute covers not only filming a child in a sexual activity but also making it appear that a child is engaging in that activity.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com