Re: [ST] More On Congressman Janklow

[Craig Tate <craigtt@xxxxxxxxxxxxx>]

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Eric,

If the information you posted about Janklow isn't depressing enough, take a 
look at this:

http://www.hillnews.com/news/031004/janklow.aspx

It appears that even if Janklow loses the attempt to have venue changed to 
Federal court, he could still use $1,000,000 in gubernatorial funds to pay 
a judgement.

The US attorney's position is also interesting.  While it is common 
practice for the government to be responsible for the actions of its 
employees, the umbrella usually folds when the employee deliberately 
violates the law during the conduct of their official duties (i.e., 
reckless, criminal behavior is not within the scope of their 
employment).  Most Federal employees would not receive this protection (I'm 
sure the Scott family attorney will find numerous examples in case 
law).  Many Federal employees carry specialized liability insurance for 
this purpose - in fact, under current Federal provisions, Federal agencies 
are authorized to pay half the cost of this insurance for all Federal 
Special Agents.

But, I doubt writing Heffelfinger will accomplish much - he already knows 
the decision is morally wrong and will be poorly received by many.  As 
appointed officials, US attorneys are isolated from many pressures, 
including those from main justice (Washington).  However, they are clearly 
linked to the appointing official, which in this case is George 
Bush.  Heffelfinger was appointed in 2001, but I think he was previously 
appointed under Bush #1, but cleared out by Clinton.  So, he's pretty well 
connected.  But, if you feel compelled to write a letter, I'd probably send 
it to the newspaper, the White House, or the Republican Party, telling them 
you have a hard time voting for an administration that appointed a US 
Attorney who is assisting a convicted killer/political crony shirk 
responsibility for his actions, yet prosecute vigorously an unsophisticated 
teenage hacker for distributing computer viruses.

OK, I'll get off my soap box.

Craig

By the way Eric, thanks for the update.



At 05:52 PM 5/1/2004 -0400, you wrote:

>This from the May 2004 BMW Owners News
>
>
>Seems the US attorney, Tom Heffelfinger has decided that Congressman 
>Janklow ( we all remember this A-Hole)
>was "On Duty" when the accident occurred and therefore has asked the case be
>moved to federal court and the federal government be substituted as
>defendant in lieu of Janklow.  In federal court the Scott family cannot
>collect punitive damages  and I guess if the Scott family wins anything , we
>, the taxpayer will be paying the award instead of Janklow.....
>
>
>So write this "lawyer" a letter or call the SOB
>
>US Attorney Tom Heffelfinger
>600 US Courthouse
>300 S. 4th St. Minneapolis, MN 55415
>612-664-5600
>1-888-264-5107
>
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