Interstate Commerce?
- Plenty of crimes have a technical element that allows prosecutors to pursue charges at the federal level, from using a phone to conduct illegal business across state lines to firing a gun manufactured in a different state.
In the case of former Chicago police officer William Whitley, it wasn’t guns. It was condoms.
Whitley’s use of Trojan and LifeStyles brand condoms when he paid for sex acts with a 14-year-old girl, federal prosecutors say, meant he illegally affected interstate commerce. Because the condoms are made outside Illinois, using them in the act of a potential sex crime contributed to the ability to charge Whitley in U.S. District Court instead of the state level.
Don't get us wrong - this guy should be castrated and his genitals fed to rabid weasels, but is there a condom factory in Illinois? If all condoms are made in China or Mexico, then there's no way to avoid a federal charge.
What if some unlucky soul from Chicago is attempting to woo another with tulips from Holland? Chocolate from Switzerland? Fine cheeses from Wisconsin? All of those products are the result of interstate commerce. If the relationship goes south and accusations are made, federal charges are possible? Seems like a lot of overreach.
What if some unlucky soul from Chicago is attempting to woo another with tulips from Holland? Chocolate from Switzerland? Fine cheeses from Wisconsin? All of those products are the result of interstate commerce. If the relationship goes south and accusations are made, federal charges are possible? Seems like a lot of overreach.
Labels: we got nothing
posted by SCC at 12:02 AM
57 Comments:
Don’t laugh, in the early 1970s the 015th and 018th district had what was called 100 clubs. Taverns in both district paid 100.00 a month to the district commanders who guaranteed to make minor charges disappear from Tavern complaints. Commanders, tact lieutenants, sergeants and a shit load then vice guys aka tact guys were convicted on federal charges under the Hobbs act. That said somewhere in it that because liquor was brought across state lines and the cops were shaking down liquor establishments it was a federal crime. Two. Commanders, two lieutenants and a shit load of coppers were convicted and did federal time.
This creep used to walk a foot beat on 47th street back in the day with a grimy female officer that was part of corrupt Sgt Watts tactical team, she is on permanent desk duty. You could tell by the way these two walked & talked that they were both slimy creeps. There are a few officers from 002 that are probably a little nervous. Many of them hungout with this fool at a few private stripper parties. At his age I am sure he must have ratted out a few of them and cut a deal. I don't think he could survive 10 yrs in the joint at the age of 61.
I admit I think this is great and maybe the feds can do what Cook County is failing to do. And anytime a vehicle is involved, federal charges as how many vehicles are manufactured in Illinois. And even if it was, it contains components that were manufactured in another state or even overseas. Bring on the federal charges! Yay!
Overreach, yes. But it’s one way of locking up this sicko and making sure he never gets out alive. He is a black eye to our profession and how he went undetected for so long is a mystery. A sick piece of shit who should either be castrated or have his dick doused with gas and lit on fire.
I don't support what this guy did and he deserves what he gets. I only hope the bring federal charges against more sex offenders. It seems like federal charges are mainly used against police.
Growing grain on your own property on small farm with no intent to sell to anyone else was once held by the US Supreme Court to effect interstate commerce making the grain an instrumentality of interstate commerce.
I would like to know who sponsored Whitley to become a cop? He obviously got waved on a few entrance tests 25 years ago to become a cop. He had to have had help because he was no brain surgeon in 002.
So why not? The FBI and DOJ fed a false warrant to the FISA Court to destroy the sitting President. Par for the course with the Feds.
Good what's good for the goose, now when you have a shooting and it's in a car federal charges! Most cars are made somewhere else!
They better start putting the origins of every material/ingredient used to produce end goods. Next thing you know Interpol is going to be at your door.
This emphasizes a point I have tried to make on numerous occasions. Too many people have a T.V. understanding of the Criminal Justice System, including some cops and the public in general. ALL PROSECUTIONS ARE DISCRETIONARY. In other words, the Prosecutor, not the law enforcement officers or agency decides What, How or Even If someone will be prosecuted. The crime itself and the evidence itself is not the Real Issue, and politics plays a major role. For example, If the federal government was genuinely sincere in its desire to reduce violent crime in Chicago, they would themselves prosecute offenders federally, which means the defendants would face less favorable jurors from anywhere in Northern Illinois, not just Cook County. The feds could prosecute carjackers who use weapons or injure victims, because it can be prosecuted as either a state or federal offense. The same applies to felons with firearms or firearms that have defaced serial numbers, since these offenses have a specific federal statute that applies to these specific crimes. HOWEVER, THE FEDS CHOSE TO AVOID THOSE PROSECUTIONS UNDER OBAMA, BECAUSE OF HIS AND ERIC HOLDER'S PERCEPTION THAT MINORITIES WERE BEING OVERLY REPRESENTED IN THE U.S. PRISON POPULATION. If Sessions and the Trump Administration are genuine in their desire to reduce crime, they MUST begin to prosecute carjacking, possession of a firearm by a felon and possession of a defaced firearm, the latter being crimes often perpetrated by Gang members. In the Federal System, those convicted must serve 80% of their sentence, usually in a very far away prison. Never mind Whitley, apply this type of prosecution to Every adult carjacker and weapons violation, and lets see the results. This would be a long overdue experiment in Enhanced Justice. Baby "G"
The Feds do this but yet people are maimed/murdered daily and no federal charges, Toni Kimmy rahm put them back out on the streets to rinse repeat quickly insanity! Federal charges for condoms, totally overreaching! But then again it’s just another Chicago copper, so no matter what “let’s get him!” Thought the new federal agents were going after the real criminals the democrats in power, with Chicago the most corrupt city in the USA and they concentrated on this pos!
Agreed this moron is a pos but federally charged? Yesterday we had 2 school shootings 1 in Florida the other in Georgia later in the day yes 2 total! They we have this pos here:
Englewood student charged after gun in backpack detected by x-ray machine
http://abc7chicago.com/englewood-student-charged-after-gun-in-backpack-detected-by-x-ray-machine/3491937/
People are demanding enforcement why not up the charges to federal and set the example here? We had a school shooting in Illinois the other day in Dixon hey Feds over here, it’s a matter of time set that example what say you?
Where is that ingenuity when it comes to Jug-ears, She-devil, Slick Willie, and the rest of the clowns?
Well...As the old saying goes.....If the FEDS want you, they'll get you.......
Manufacturing is gone in Chicago and Illinois.
Drive thru most parts of the city, you’ll see boarded up old factories of the past.
there was a federal gun charge against a kid who brought a gun to school using the interstate commerce clause. SCOTUS didn't buy it, saying the connection was too tenuous.
The Feds try to usurp control of the state courts and the only tool they have is the commerce clause. It's nonsense. And why the fuck can't Cook County prosecute a rape?
I can be wooed by all of the above.
Now, kees me you fool!!!!
If you dont see the government as being corrupt with this nonsense we are doomed!
On a legal stand point where do you think all that drug money is printed?
Yet we can't have a death penalty because its hurtful.
You have to recall Abbatte bar tender beat down.
No felony for battery. But they got a felony for the bar having a juke box which
Made it a place of ente entertainment......
Sad but true. The enforcement of laws in Illinois is a sham.
That is why clearance of crimes is under 20 percent.
Now use the Federal Gun Laws to go after Felon in Possession Cases!
Lock the thugs up! The Neighborhood will be safer, and the Criminals will be safer in Prison too.
Condoms were an instrument of the crime, the condoms penetrated the victim. It’s not a more removed connection like chocolates or flowers. Placing any object from sex toys to produce to condoms-with or without man parts inside-into a 14 year old is a sexual assault. This makes the condoms the same as the gun used in a crime or the hard drive used to store child porn. If you want to call all of that federal overreach, that’s one thing, but the condom is not in a different category.
Blogger Baby"G" said...
This emphasizes a point I have tried to make on numerous occasions. Too many people have a T.V. understanding of the Criminal Justice System, including some cops and the public in general. ALL PROSECUTIONS ARE DISCRETIONARY. In other words, the Prosecutor, not the law enforcement officers or agency decides What, How or Even If someone will be prosecuted. The crime itself and the evidence itself is not the Real Issue, and politics plays a major role. For example, If the federal government was genuinely sincere in its desire to reduce violent crime in Chicago, they would themselves prosecute offenders federally, which means the defendants would face less favorable jurors from anywhere in Northern Illinois, not just Cook County. The feds could prosecute carjackers who use weapons or injure victims, because it can be prosecuted as either a state or federal offense. The same applies to felons with firearms or firearms that have defaced serial numbers, since these offenses have a specific federal statute that applies to these specific crimes. HOWEVER, THE FEDS CHOSE TO AVOID THOSE PROSECUTIONS UNDER OBAMA, BECAUSE OF HIS AND ERIC HOLDER'S PERCEPTION THAT MINORITIES WERE BEING OVERLY REPRESENTED IN THE U.S. PRISON POPULATION. If Sessions and the Trump Administration are genuine in their desire to reduce crime, they MUST begin to prosecute carjacking, possession of a firearm by a felon and possession of a defaced firearm, the latter being crimes often perpetrated by Gang members. In the Federal System, those convicted must serve 80% of their sentence, usually in a very far away prison. Never mind Whitley, apply this type of prosecution to Every adult carjacker and weapons violation, and lets see the results. This would be a long overdue experiment in Enhanced Justice. Baby "G"
5/19/2018 04:41:00 AM
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Completely Agree!
But why should President Donald Trump and the Republicans try to save Chicago from the Damned Democrats that are causing all the problems? Get rid of Sanctuary Cities and we can talk!
Rahm and the Democrats like Kimmie and Tommy are the problem. Why should Republicans that you never vote for SAVE YOUR STUPID BUTTS????
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With lawyers, nothing is over-reach.
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If the feds want you they will get you. Just look at what they are trying to do to President Trump. The problem is with the Prosecutors they are the ones that decide your fate not the crimes you commit and just like the merit promotions it's who you know that counts. Lady Justice may be blind but political hacks are not.
Thank God the federal government and federal courts are there to protect us.
It's not over-reach.....It's selective-reach.....The powers that be choose who can do what....Isn't it obvious....No one gets arrested in political circles unless the kabal decides it is time! Just look at Blago! There is no justice in this country of THIEVES and WHORES! It's always about the money, nothing else!!!!
Don't get us wrong - this guy should be castrated and his genitals fed to rabid weasels, but is there a condom factory in Illinois? If all condoms are made in China or Mexico, then there's no way to avoid a federal charge.
Sweet dick Willy ordered the lamb skin, XXL, ribbed brand and that infuriated the federal angry inchers...
IF the Feds actually started charging everyone they could this state would become a Republican state in a year or twos time. The real voters want to see the "animals" (Trumps words, not mine :-) ) charged, convicted and incarcerated. They want criminals to serve real sentences, not 1/4 or 1/3 sentence, if that. No more OR releases. The voters actually want the government to get tough on criminals regardless of their race, creed or gender.
++++ Interstate Commerce? ++++
>>>>> What if some unlucky soul from Chicago is attempting to woo another with tulips from Holland? Chocolate from Switzerland? Fine cheeses from Wisconsin? All of those products are the result of interstate commerce. If the relationship goes south and accusations are made, federal charges are possible? Seems like a lot of overreach. <<<<<
Yes, SCC, it sure does seem like a lot of overreach. And you can thank the Democrats in Washington DC for it.
I'm not sure of how long ago it happened, but during the decades that the Democrats controlled the House and Senate -- which has been most of the time post 1930's -- they discovered the Interstate Commerce Clause and started writing some novel laws based on it. They had willing leftist accomplices in the Federal Courts including the Supreme Court that ruled in their favor time and time again.
Bingo! Everything under the sun was now affected by, and came under the jurisdiction of the Commerce Clause. This is HOW Congress has been able to constitutionally get away with writing Laws that on first inspection appear to be completely UN-Constitutional as they're no way near any Power delegated to them in the Constitution.
It was so successful Republicans naturally jumped on board with the Commerce Clause for their pet issues -- like Hate Crimes against Gays (not joking). Their logic was thus and is cited in the Bill: 'If a gay is beat up just for being gay, they'll be so scared they'll stay in the house and not go shopping. Ergo, it effects Interstate Commerce'. This Bill was passed into law when Geo W Bush was POTUS and the Repubs controlled congress for a couple years.
The Commerce Clause use as Stare Decisis (Precedent, Settled Law) is so important, mostly to Democrats, than when Alito and Roberts were nominated by Bush for SCOTUS, Dick Durbin grilled them -- and I mean GRILLED THEM -- for every minute he had alloted. He DEMANDED they say it was settled law -- so congress could continue to abuse it.
So yes, basically EVERYTHING falls under the jurisdiction of the Commerce Clause. And as such the Feds could charge every criminal with violating it. Thank God that's not practical.
The problem with these federal laws are that they are passed for one purpose and that law only seams to be applied to low level government types like the police. Look at the RICO act that was to be informed on the MOB but some how it was applied to wayward cops first then a few street gangsters and finally the MOB.
If your a Chicago cop anything you do
is a federal crime.
Be legal, stay fetal.
Wait a minute now, if he had NOT used a condom and just had sex with these girls, there would be NO Federal charges?? WTF!
The U.S. Attorney's Office is renowned for cherry-picking its cases, and they will do anything to get the cases they want. But mostly the cherry-picking is used to refuse the 99 cases out of 100 they should be taking.
They will take deadbang winners and cases where they really want a specific target, usually for publicity reasons.
When will Trump drain this swamp?
In the fucken mean time, the President of the United States of America is framed, Hillary commits a ton of crimes, the FBI lies their asses off, Obama lies about health care and the libs are trying to take your rights away. But the fed's are charging this asshole with interstate whatever, because fucked some 14yrs ole with a rain coat. This is really how fucked up everything is in this County. Maybe its time to start thinking revolution to settle this mockery of our Constitution Rights.
That’s great, but half the time if you come up with a weapon with the serial defaced, they won’t prosecute federally.
If it’s overreaching then good, its better for the Fed to charge him rather than Cook County.
Saving PrickWrinkleFoxxDart an ankle monitor and a misdemeanor court appearance.
Sad reality for society when pervert that pays for hookers gets a more stringent penalty than joe the violent feral street predator, and then use an uninvolved corporate manufacturer as the catalyst.
You can just about figure out the line of interview questioning of this Whitley guy.
If he didn’t mention the brand name, would they have given the case back to Cook County?
No one should ever trust the sneaky FBI.
They actually said that using money made it a federal crime. Go home guys. It's all federal now.
If you wear clothes while committing a crime,federal charges should be leveled.
I hate what he did but really Federal charge for using a condom in Illinois manufactured in another state shooting a firearm in Illinois that was made in another state. Unbelievable that is the most stupid, idiotic law I ever heard of. Every citizen in America is guilty of that crime everyday. Maybe I’m wrong but I think a decent lawyer can argue this in front of a jury and walk out with a not guilty or an acquittal.
This was the guy who wore the Navy seal emblem on his uniform. But after be said one sentence you knew how full of shit he was. Wow, how low were the standards that he passed anything.
This is what you get when Liberals stretch the Commerce Clause to infinity. EVERYTHING becomes interstate commerce.
Prosecution overreach.
I believe this is being used on him because he's in law enforcement. This should be used on ANYONE accused of a sex crime, regardless of who their employer is!!!
Where was the mattress made?
Copper that fucked dude in hospital took pics with his samsung phone
Just castrate the pos and be done with it. He deserves what happens to him whether it be federal, local or jailhouse justice. Hope he rots in hell. Better yet, he becomes the jailhouse bitch then Hell.
If you have 10 or less years "on the job" time to be actively seeking other employment. It will only continue to get worse in Chicago, to the point you will walk away or be forced out before you qualify for pension benefits. Why waste that tome leave as soon as you have a safe place to land. Best case would be something a long ways from Illinois. What are you waiting for? Guarantee the only change you will see is for the worse.
So if condoms were made in China would this be an international crime, prosecuted at the Hague? If she were an illegal would this be a war crime? how about a Nuremburg style show trial. Then public castration.
Not defending the guy but it sure seems like overreaching.
90% of federal criminal charges are based on interstate commerce. The sole limit was 'driving past a school with a legal gun in the car didn't effect it', in a single 90s supreme court case.
Been a lawyer a long time, and it is garbage. But it's how the Congress twisted everything into a federal crime. The USA is just inching the ball an extra two inches on the field
This is clearly prosecutorial misconduct and while the AUSAs office might be gloating this week they will not be happy about this decision in the future.
The word interstate does not appear in our Constitution.
The federal government is empowered to regulate commerce among the several STATES, not among the PEOPLE.
States and People are two different entities, the Tenth Amendment being undeniably instructive on this point.
When there is on thing OR another, that word OR is a line of distinction between them.
The fact is simple. The thing called "interstate commerce" is a three card monte SCAM. It is a total fabrication with no foundation in the Supreme Law. In fact, additionally, it is a direct defiance of a enumerated power delegated to the judiciary.
See, the Judiciary is dorectly tasked with settling disputes regarding two party private contracts...commerce between PEOPLE.
IF government was tasked with regulatimg commerce among PEOPLE then this enumerated power given to the judiciary would be nonsensical. It wouldnt have any private contracts to settle if all contracts included government 3rd party regulators.
It really is time to slaughter the Slaughterhouse Cases treachery. Indeed, it is long past time to end that assault and battery upon our fundamental freedom.
How strange it is that prosecutorial justice moves quickly against Chicago Police officers, while arch criminals masked as public officials ( Jason Ervin, Bobby Rush Dorothy Brown, Ed Burke, Mike and Lisa Madigan) and a host of others, gets pass after pass. Those cases drags on for years and are rarely charged and prosecuted.
In Ervin's case, I guess it's ok engaging in criminal conduct with gang bangers, illegal stores, and corrupt lounges.
Check the KY while you are at it?
Anonymous said...
Where was the mattress made?
5/19/2018 06:34:00 PM
"DO NOT REMOVE THIS TAG UNDER PENALTY OF LAW"
It’s okay, the federal government is beyond the term “overreach.” This charge is literally insane. Oh yeah, fuck you to the child rapist. May you burn in Hell.
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