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Federal prosecutors had far more limited options centered on a post civil war statute entitled "Deprivation of Civil Rights Under Color of Law," 18 U.S.C. §242 that covers misconduct by government officials like police or corrections officers that violate civil rights.
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Mr. Salzman blamed the Jackson-Vanik law, a cold-war statute aimed at Communist countries not allowing free emigration.
The Civil War era statute was strengthened in 1986.
In fact, the Treasury Department subsequently levied a heavy fine against the tour operator, Lindblad Travel, for violating the Trading with the Enemy Act, a World War I statute, as there was a trade embargo against Vietnam in effect.
The Espionage Act – a first world war-era statute meant for spies, not whistleblowers who give information to the press – does not allow for a "public interest" defense.
However, Congress must first grant Russia permanent normal trade relation status by repealing a cold war-era statute intended to liberalize emigration of religious minorities, the Jackson-Vanik Amendment, before American companies can take full advantage of the new rules.
Nor is there explicit language in a post-Civil War-era statute that gives "all persons" the same right "as is enjoyed by white citizens" when it comes to making and enforcing contracts, such as contracts of employment.
So of course current CIA director John Brennan said at a press conference the other day that it will be up "to future policymakers" to decide whether to torture again in the future, rather than the anti-war crimes statute or the anti-torture treaty Ronald Reagan signed a generation ago.
Then a Spanish judge, Baltasar Garzón, arranged to have Pinochet arrested during his annual visit to London under international war-crimes statutes.
While the law is supposed to be exercised only in the wake of an "unusual and extraordinary threat," Mr. Hufbauer says that this is a standard that is easily met, as "the courts have never questioned presidential declarations of a 'national emergency.' " Beyond these emergency powers, two separate Cold War-era statutes also give the president power to regulate international trade.
After World War II the statute was used against the leadership of the American Communist Party Communist Partyy of the United States of America; CPUSA).
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