✪✪✪ Breaking The Law Breaking The Law

Friday, July 16, 2021 8:53:10 PM

Breaking The Law Breaking The Law



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Judas Priest - Breaking the Law (Official HD Video)

A case could be decided by eight justices or seven justices because of recusals. This is problematic for the Supreme Court, which often grants review in certain cases not just to resolve a particular dispute but to clearly state what the law is going forward. A Supreme Court decision that does not have the support of at least five justices has little value as a precedent because the ruling could be reversed in a future case in which none of the justices recuse themselves. This is also a problem that could be easily solved if justices were to invest the same way most Americans invest their retirement funds — in broadly diversified mutual funds.

At this point Congress must realize that there is a crisis in confidence in all three branches of government. Many voters believe, with some justification, that corruption spreads like a disease and that executive, legislative and judicial decisions are made with little regard for the interests of the average citizen. This cynicism, and the reality that underlies it, are dangerous for the future of representative democracy.

Last month, Congress introduced the Protecting Our Democracy Act to curb abuses in the executive branch. The bill, among other things, provides for enforcement of the Emoluments Clause of the Constitution by the Department of Justice and Congress. Never again should concerned citizens have to wait four years, as we did in the CREW litigation, while a president openly flouts the financial conflicts of interest laws. As University of Pennsylvania professor Claire Finkelstein and I recently suggested, the Protect Our Democracy Act should include a provision explicitly confirming that a sitting president who commits crimes can be indicted while in office. The Supreme Court already held in Trump v. Vance that the president is subject to the criminal process. Congress should confirm that no person, including a president, is above the law.

The Protecting Our Democracy Act also needs to include a provision requiring presidents, vice presidents, members of Congress and all federal judges to divest from individual stocks and any other investments that pose conflicts of interest with their official duties. House and Senate leadership may not like such a divestment mandate, perhaps because they also own individual stocks, but they need to do it anyway.

Investments in broadly diversified mutual funds are good enough for most individual investors, and they should be good enough for federal officers at the pinnacle of all three branches of our government. Virtually every other federal employee is prohibited by criminal statutes from participating in matters in which they have a conflict of interest. Holders of the highest federal offices — executive, legislative or judicial — should be required to do the same. The Nigerian constitution and the Code of Conduct Bureau and Tribunal Act forbid a public officer from maintaining or operating a bank account outside Nigeria.

However, as a governor, Mr. Obi continued to operate and maintain foreign accounts, including with Lloyds TSB. The offences violate sections of the Fifth Schedule of the Constitution of the Federal Republic of Nigeria , as amended. Asked if he is concerned that Nigerians would be disappointed at him following our finding of his opaque and lawless dealings as a governor, Mr Obi said was more concerned about his UK school alumni network, his business, foreign creditors. He insisted that he served well as Anambra governor and Nigerians already have their opinions about him.

The former governor could be charged for failing to declare the company and its associated assets and perhaps operating foreign accounts while being a public officer. Shunning opportunity to declare assets, pay taxes In June , the federal government launched the Voluntary Assets and Income Disclosure Scheme VAIDS , an initiative seeking voluntary disclosure of previously undeclared assets and income with a view to paying all outstanding liabilities.

The VAIDS offered a nine-month window and incentives that included immunity from prosecution for tax evasion and undeclared assets, which would have benefited people like Mr Obi. A key objective of the VAIDS was curbing illicit financial flows and tax evasion, which commonly feature the use of offshore holdings to shift taxes from where they are earned to havens where little or no taxes are paid. The government in said defaulting individuals and corporate bodies who failed to take advantage of the VAIDS would be subject to criminal prosecution. A number of Nigerian public officials with previously undeclared assets tucked away overseas participated in the VAIDS and got clearance certificates. Obi shunned the scheme and continued with his opaque business dealings in breach of the law.

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