Friday, August 12, 2005

Larken - Day Five

2 Old Comments:

This is great news.

I'm wondering, however, how this will be helpful in the big picture since the question before the court is Larken's intent, and not the truthfulness of his understanding of the law.

By Anonymous Anonymous, at 8/12/2005 10:11 AM  

Imagine a federal prosecuter who is considering indicting a person for willful failure to file for utilizing the "861 argument" - as they call it - knowing that out of the last 20, 30, or 40 cases, the government has only won 2-3 of them. That prosecutor might think twice before going to all of the trouble trying to prosecute someone who has a 80-90% chance of winning the case. If Larken wins, it is just another case that takes a portion of the wind out the government's sails.

By Anonymous Anonymous, at 8/12/2005 11:37 AM