I have a mission for all DUers - Its a scavenger hunt for info

[rpgamerd00d]

Please find every US law (federal, state, or local) you can find which contains the phrase:

"except as authorized by statute"

or ANY Similar language.

Post it here.

[Extend a Hand]

1. just out of curiosity

why?

[rpgamerd00d]

2. Because Any law with language like that can be broken by...

... Bush due to the AUMF (Authorization to Use Military Force), if Gonzalez interpretation is correct.

[Extend a Hand]

7. I pm'd you 50

with crappy formating. At work-- so no time to tidy up.

[Viva_La_Revolution]

3. OK

TITLE 50 > CHAPTER 36 > SUBCHAPTER I > § 1809
§ 1809. Criminal sanctions

http://www.law.cornell.edu/uscode/html/uscode50/usc_sec_50_00001809----000-.html

so far, that's it... still looking

[Viva_La_Revolution]

6. I'm running across it alot...

Pennsylvania, WA State...

[Viva_La_Revolution]

13. from findlaw

linked to this case file - Interesting in itself... a military officer charged with Embezzlement among other things..

Page 2, #3 ...was bound to conduct government business in a manner above reproach, except as authorized by statute or regulation...
http://news.findlaw.com/hdocs/docs/crim/usmoran702ind.pdf

6 other items found, 4 of them relate to the NSA case.

the other one is an immigration case...

...whether a particular non-citizen will be admitted or excluded from the country,
except as authorized by statute or regulations...
http://supreme.lp.findlaw.com/supreme_court/briefs/01-1491/01-1491.mer.ami.profs.pdf

So it seems to be used with some regularity.

What does it mean?

[rpgamerd00d]

16. Any law can be overriden by Bush via the AUMF if Gonzolez logic holds

[Sydnie]

4. another phrase to pay attention to is

"and take any other action relative there to". That appears in so many and is a free hand to manipulate the intent.

[ms.smiler]

5. I found something

Apart from these specially protected records, Pennsylvania law is more general. Pennsylvania Code §16.61 describes “unprofessional and immoral conduct” by a physician that is subject to disciplinary action by the state licensing board. One item involves disclosure of confidential information:

(a)(1) Revealing personally identifiable facts, obtained as the result of a physician-patient relationship, without the prior consent of the patient, except as authorized by statute.

http://www.pamedsoc.org/Template.cfm?Section=Privacy&template=/ContentManagement/ContentDisplay.cfm&ContentID=4358

[rpgamerd00d]

10. So, Dr/Patient priveledge can be broken by Bush...

... and the Doc has to comply if Bush tells him is for National Security.

[deadparrot]

8. If you run it though Google,

tons of stuff shows up. I'm sure it's not all usable, but it's worth weeding though, if one has the time:

http://www.google.com/search?hl=en&q=%22except+as+authorized+by+statute%22&btnG=Google+Search

[rucky]

9. You may want to specify "Federal" laws.

just to focus our googling

[magellan]

11. Federal Acquisition Regulation (FAR)

FAR § 3.101-1 states:

Government business shall be conducted in a manner above reproach
and, except as authorized by statute or regulation, with complete
impartiality and with preferential treatment for none. Transactions
relating to the expenditure of public funds require the highest degree
of public trust and an impeccable standard of conduct. The general
rule is to avoid strictly any conflict of interest or even the appearance
of a conflict of interest in Government-contractor relationships. While
many Federal laws and regulations place restrictions on the actions of
Government personnel, their official conduct must, in addition, be such
that they would have no reluctance to make a full public disclosure of
their actions.

http://www.gao.gov/decisions/archive/2812248.pdf

[rpgamerd00d]

12. So, Bush can be partial to a contractor as long as... wait a second...

... he already is! Haliburton!

ROTFLMAO! This explains Haliburton! He is being preferntial in direct contradiction of this law due to AUMF !

[Viva_La_Revolution]

14. That's exactly stated in the Military Embezzlement case I found...

word for word, the whole first sentence.

[Viva_La_Revolution]

15. Are you a real lawyer or playing one on the internet

like me? I don't want to get all excited and find out it's really nothing. :blush:

[rpgamerd00d]

17. Just making a point to counter Gonzalez assertion that AUMF...

... can bypass FISA because FISA has that phrase in it.

[Viva_La_Revolution]

20. but the point is he says Congress gave him that "statute or resolution"

and we say they didn't. Isn't that the issue?

I wish I'd taken pre-law now...

[magellan]

18. From the US Dept of Commerce - Summary of Ethics Rules, 2006

"The U.S. Constitution bars you from working for, or accepting any compensation, including salary or travel expenses, from, a foreign government, except as authorized by statute. A statute permits NIST employees in some circumstances to accept compensation through fellowships from foreign governments."

http://www.ogc.doc.gov/documents/written2006-e.pdf

[magellan]

19. Oh sorry, does the Constitution still count?

:P kidding....

[magellan]

21. Alcohol, Drugs & Pregnant Women

'Except as authorized by statute, "it shall be unlawful for any person to knowingly or intentionally provide or distribute any controlled substance to a pregnant individual in violation of" Title 21 of the United States Code. 21 U.S.C. § 861(f).'

http://www.drugpolicy.org/library/gov_responses_overview_p1.cfm

[magellan]

22. DOD CIVILIAN INTELLIGENCE PERSONNEL MANAGEMENT SYSTEM (CIPMS)

DoD 1400.34-M

"B BACKGROUND

1. This Appendix establishes the SIES within the DoD civilian Intelligence Personnel Management System (CIPMS). Positions established in SIES are those that are classified above GS/GM-15 or equivalent but do not meet the definition for Senior Intelligence Professional as set forth in Part I.
2. The policies, guidance, and procedures in this appendix are applicable to civilian employees who are appointed or converted to positions in SIES.


9 Supplementation

"The policies in subsections E.1 through .8 above, shall not be supplemented or modified except as authorized by statute or otherwise authorized by provisions of this Appendix. In this regard, the Secretaries of the Military Departments are authorized to issue internal implementing guidance where they or their designee determine such guidance to be essential. Copies of such guidance shall be provided to the OASD (CPP/EO) for review before publication."

http://www.dami.army.pentagon.mil/offices/dami-cp/guidance/dod_man/1400-34-M/change3.asp

[rpgamerd00d]

23. These are all great, thanks. Keep em comin if you feel like searching.