DOJ in conflict-of-interest over obscene videos

[tickler]

OMFG, can you say open-mouth-insert-foot! Some facts coming out regarding the fired US Prosecutors.

"while U.S. Attorney Paul Charlton was busy indicting Five Star and JM and their employees for interstate transportation of obscene materials – "obscene" under the community standards of the District of Arizona – trustees employed by the U.S. Department of Justice were selling and had sold those exact same titles ..."
http://avnonline.com/index_cache.php...tent_ID=285692

[SirMoby]

I read that early as well and laughed out loud.

[tickler]

Originally Posted by SirMoby

I read that early as well and laughed out loud.

Not-A-Lawyer, But, wait till the FSC lawyers start smelling blood with it.

- How can DOJ legitimately argue that the videos(pretty nasty) violate Arizona's community standards for obscenity, if they are selling them also

- "FBI agents perpetrating a sting operation based in Virginia" --- So much for interstate/postal transport stings.

- By the DOJ/government bringing these nasty videos into other jurisdictions, they would appear to have compromised the "community standrards" definitions that they were trying to use from those jurisdictions.

[virgohippy]

"Hertzberg's motion takes that concept a step further, arguing that under the law, because of Castle's sales of the material, the Justice Department is legally barred ("estopped") from claiming at trial that the four features violated community standards."

Think this will slow down the DOJ a bit, knowing they can't abuse the "community standards" line as easily?

[chadknowslaw]

It certainly does make their argument much more difficult. Obscenity prosecutions have been tough lately for prosecutors -- juries are not convicting. Things like this make it even harder for a jury to convict, but then the focus will shift to things like 2257 and zoning laws. One way or another, those christian soldiers are marching against porn.