CSPAN3 Key Capitol Hill Hearings May 23, 2015
Criminal conduct both and describes conduct that was not potentially criminal. Did the trial court there cite the statute explain the statute to the jury or not. No your honor. First Circuit Decision wasnt turning on instruction, it was turning on whether the conduct alleged was illegal. The instruction could encompass lawful action it didnt. Here if you instruct the jury as your honor was saying that official action potentially includes everything under the sun, when it in fact does not potentially include everything under the sun. Thats not what it did. You have to tell them what it doesnt i...