tag:blogger.com,1999:blog-1519969502186924526.post5783136073165505906..comments2023-10-24T08:00:53.865-05:00Comments on Federal Tax Crimes: Fifth Amendment Act of Production Privilege and Encrypted Data Files (2/25/12)Jack Townsendhttp://www.blogger.com/profile/14469823736335455874noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-1519969502186924526.post-71909341476087914932012-02-26T22:27:03.268-06:002012-02-26T22:27:03.268-06:00This is an extremely well-reasoned and powerful de...This is an extremely well-reasoned and powerful decision on the Fifth Amendment generally and particularly as to such components as the Act of Production Doctrine as well as the Foregone Conclusion Doctrine. I especially like how the Court distinguished the district courts' recent decisions in Boucher and Fricosu.<br /><br />Moreover, the 11th. Circuit's decision is very edifying as to the Coextensivity Doctrine associated with so-called "Use and Derivative Use" Immunity. See Lushing, Peter, "Criminal Law Testimonial Immunity: A Study in Isomorphism," 73 J. Crim. L. & Criminology, 1690, 1690-1718, Winter, 1982 (Chicago, IL: Northwestern School of Law, Journal of Criminal Law & Criminology).<br /><br />Furthermore, having carefully evaluated the "nuances" of this case, including the words used by the 11th Circuit panel consisting of Circuit Judges Gerald Bard Tjoflat, Beverly B. Martin, and James C. Hill (Senior Judge), I come to the abiding and unwavering conclusion that the presiding district judge, Lacey A. Collier (Senior Judge, US Dist. Ct. ND Fla, Pensacola Div.), outright ignored binding precedent, and thus, abdicated his judicial neutrality. This conclusion is inescapable, especially, in light of the plain fact that Judge Collier is an experienced trial judge with an excellent grasp of the law. See Judge Collier's Bio on the United States Federal Courts website (Available at: http://www.fjc.gov/servlet/nGetInfo?jid=479&cid=999&ctype=na&instate=na (Last Visited on 02252012) and the Wikipedia article on Judge Collier (Available at: http://en.wikipedia.org/wiki/Lacey_A._Collier) (Last Visited on 02252012).<br /><br />One more thing: The fact that a panel three of America's most conservative appellate judges decided to release Mr. Doe on December 15, 2011 (See: In re: GRAND JURY SUBPOENA DUCES TECUM DATED MARCH 25, 2077, UNITED STATES OF AMERICA V. JOHN DOE (Nos.: 11-12268 & 11-15421 11th. Cir. Feb. 23, 2012 (Available at: http://www.ca11.uscourts.gov/opinions/ops/201112268.pdf) (Last Visited on 02252012), at Page 10), more than two months before it rendered its decision above, leads me to conclude that they were outraged at the miscarriage of justice resulting from Judge Collier's departure from the essential requirements of controlling Fifth Amendment jurisprudence. An abuse of judicial authority that resulted in the deprivation of Mr. Doe's liberty for almost 2/3 of a year. In light of such clear abuse, the US Supreme Court should be on the lookout for the opportunity to carefully re-examine its 1978 seminal "judicial immunity" decision. See Stump v. Sparkman, 435 U.SS. 349 (1978). Perhaps exposure to a lawsuit will be enough to encourage trial judges to do what they are already required to do: follow the law, especially, when it comes to the protection of such fundamental rights as an individual's Fifth Amendment right to not be forced to be a witness against himself in connection with any actual or potential criminal matter.Anonymousnoreply@blogger.com