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Will Sessions rewrite the Wire Act to prosecute online poker?
Posted on 1/12/17 at 10:20 am
Posted on 1/12/17 at 10:20 am
Nice article for the "HE WILL EXECUTE THE LAW" crowd
quote:
Although Sessions' comments set off alarm bells among online poker fans and other supporters of legalization, it's not clear how serious he is about reversing the DOJ's position. The Alabama senator said he was "shocked" by the 2011 memo and "criticized it." But it was obvious he had not read it, and there seems to be no public record of his opposition to it.
quote:
Prior to 2011, the DOJ implausibly insisted that the phrase "on any sporting event or contest" does not modify "bets or wagers" and therefore does not restrict the law's scope to that kind of gambling. But the 2011 memo, a 13-page document prepared by the DOJ's Office of Legal Counsel (OLC) in response to questions about online sales of state lottery tickets, concluded that "the Wire Act prohibits only the transmission of communications related to bets or wagers on sporting events or contests."
There is nothing at all "shocking" about that position, which was endorsed by the U.S. Court of Appeals for the 5th Circuit in a 2002 ruling that rejected Wire Act charges against the operators of websites offering casino-style games. The 5th Circuit matter-of-factly observed that "the Wire Act does not prohibit non-sports internet gambling." In a letter responding to Sessions' comments, the Competitive Enterprise Institute (CEI) and six other organizations note that "the OLC memo was not a 'reinterpretation' of the Wire Act's intent; it merely restored the law to its original meaning."
7
Posted on 1/12/17 at 10:22 am to SlowFlowPro
Our AGs should not be "re-writing" any acts at all.
Posted on 1/12/17 at 10:22 am to SlowFlowPro
Gambling and grass, I'm so glad to see our populace has its priorities straight.
Posted on 1/12/17 at 10:22 am to bamarep
quote:
Gambling and grass, I'm so glad to see our populace has its priorities straight.
he's the AG. these issues are directly within his responsibilities
what would you suggest we discuss about the AG?
Posted on 1/12/17 at 10:28 am to bamarep
quote:
Gambling and grass, I'm so glad to see our populace has its priorities straight.
If the federal government hadn't overstepped into regulating these areas then we wouldn't have to be talking about it right now. Who says these are anyone's top priorities anyways? People are able to discuss several different issues at once. Get over yourself.
Posted on 1/12/17 at 10:28 am to SlowFlowPro
Well, considering that he's not a Congressman, he can't "re-write" anything.
Posted on 1/12/17 at 10:30 am to Jon Ham
my top priority for the AG is to engage in reforming our federal criminal justice system, which the AG has WIDE power to do
this, naturally, includes many issues related to drugs, because this is the highest volume area of the CJ system
this is much more applicable to the AG than, say, immigration (which is the issue so many have a hardon over)
this, naturally, includes many issues related to drugs, because this is the highest volume area of the CJ system
this is much more applicable to the AG than, say, immigration (which is the issue so many have a hardon over)
Posted on 1/12/17 at 10:31 am to kingbob
quote:
Well, considering that he's not a Congressman, he can't "re-write" anything.
the AG has WIDE regulatory and interpretive power. this is a good example of that
Posted on 1/12/17 at 10:34 am to SlowFlowPro
Considering the POTUS will be a former Casino owner, I can't imagine this will be an area of emphasis.
Even if you support full law enforcement, all Justice Departments have their hot-button areas. You can't possibly stress every law or potential infraction on the books.
Even if you support full law enforcement, all Justice Departments have their hot-button areas. You can't possibly stress every law or potential infraction on the books.
Posted on 1/12/17 at 10:35 am to Bjorn Cyborg
quote:
You can't possibly stress every law or potential infraction on the books.
oh i agree. the "you can't pick and choose which laws to follow" argument has no merit b/c of this
Posted on 1/12/17 at 10:37 am to kingbob
quote:
Well, considering that he's not a Congressman, he can't "re-write" anything.
He can't write legislation, but he most certainly can write law based on the authorities given to him. All he needs is a pen and a phone.
Posted on 1/12/17 at 10:37 am to SlowFlowPro
quote:
You can't possibly stress every law or potential infraction on the books.
oh i agree. the "you can't pick and choose which laws to follow" argument has no merit b/c of this
See, I disagree with this. I think that if one cannot possibly enforce every potential infraction, then maybe the problem is that we have too many damn infractions. If a law is impossible to enforce, then it's probably a bad law. If we are going to let people get away with routinely breaking a law, we may as well not have it.
Posted on 1/12/17 at 10:38 am to bamarep
quote:Yeah, the jails aren't full enough.
Gambling and grass, I'm so glad to see our populace has its priorities straight.
Posted on 1/12/17 at 10:39 am to SlowFlowPro
Unless Sessions is passionate about Marijuana laws and gambling, I doubt we hear much about these issues.
Trump needs to have measurable successes in actual safety based issues like violent crime to prove his bold proclamations.
No one really cares about gambling.
Trump needs to have measurable successes in actual safety based issues like violent crime to prove his bold proclamations.
No one really cares about gambling.
Posted on 1/12/17 at 10:49 am to SlowFlowPro
it really helps things if people listen and read the position of Trump's picks and then understand elections have consequences.
and when you pick religious idiots to positions of power you get idiotic positions.
and when you pick religious idiots to positions of power you get idiotic positions.
Posted on 1/12/17 at 11:02 am to kingbob
quote:
I think that if one cannot possibly enforce every potential infraction, then maybe the problem is that we have too many damn infractions.
that IS the problem
but the AG can't repeal statutory laws just like he can't write statutory laws
Posted on 1/12/17 at 11:07 am to SlowFlowPro
Can the AG re-write an Act?
Posted on 1/12/17 at 11:08 am to kingbob
While we certainly have too many laws, that is not the point.
Most laws are enforced locally and the decisions on what to enforce are made locally.
Some locales have a vice squad and enforce prostitution and other vices. Some don't.
Some have routine DWI checkpoints. Some don't.
The point regarding Sessions is that, on the federal level, there are always signature issues that each administration enforces. I doubt Sessions makes gambling or marijuana into signature issues.
Most laws are enforced locally and the decisions on what to enforce are made locally.
Some locales have a vice squad and enforce prostitution and other vices. Some don't.
Some have routine DWI checkpoints. Some don't.
The point regarding Sessions is that, on the federal level, there are always signature issues that each administration enforces. I doubt Sessions makes gambling or marijuana into signature issues.
Posted on 1/12/17 at 11:21 am to Bjorn Cyborg
MJ is unlikely but i bet online gambling gets rekt (Sheldon Adelson is powerful and buys a lot of influence in Congress)
Posted on 1/12/17 at 11:24 am to kingbob
Sure but the "too many laws on the book" issue is for Congress to fix. The only thing an AG can do confronted by too many laws is pick what is most important and enforce those.
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