Whoa, there indeed!

I asked in a moment of light humor: Can you believe this one? GOP Wants Moore Locked Up Over Noodle Bribe. Comes now TM Lutas and he is steamed, thinks Moore should be in the pokey, that there is no "joking exception."

TM states: Michael Moore's owes John Ashcroft His Freedom. No, really.

No. Not really. Except in the sense that John Ashcroft give Moore so much great material for black comedy.

I agree that there is no exception for jokers. But there is a requirement that the alleged perp Moore must have had the intent to actually sway people's actions with a payment. On the face of it, offering underwear and "stale soup" just doesn't cut it for me as a sign of serious intent. TM sees it differently (as does some fellow at Slate.) They say that "intent" does not matter.

I read the law differently:

US CODE: Title 42,1973i. Prohibited acts

(c) False information in registering or voting; penalties
Whoever knowingly or willfully
• gives false information as to his name, address or period of residence in the voting district for the purpose of establishing his eligibility to register or vote, or
• conspires with another individual for the purpose of encouraging his false registration to vote or illegal voting, or
• pays or offers to pay or accepts payment either for registration to vote or for voting
shall be fined not more than $10,000 or imprisoned not more than five years, or both...

I have added the bullet points, as that is how I read the passage to make it sensible. The issue turns on what is meant by the modifier "knowingly or willfully." The alleged perp has to have been "knowingly or willfully" taking the action of "pays or offers to pay..."

Maybe there is clear law on that term — "knowingly or willfully" — but to me it means that the alleged perp had to have had the intent to actually bribe someone to vote or register to vote. I'd have to hear more about the full context of Moore's actions before I could believe that he was making a serious — "knowingly or willfully" — offer to pay.

Any lawyers out there who will offer an opinion about what "knowingly or willfully" means in this context?

UPDATE: Bingo! Intentionality is an element of the crime.

I checked in Black's Law Dictionary (not online) for the definition of "knowingly _or_ willfully." That precise term does not appear. But "knowingly _and_ willfully" is there, as are the separate terms "knowingly" and "willfully." All three explicitly include the requirement that the alleged perp must have acted intentionally.

I wasn't in the audience, of course, but I wonder if there was anyone there who thought that Moore was serious in his intention to "pay or offer to pay" for people to vote.

If not, then Moore walks.

Case closed.

Comments

[Laurence Aurbach]

Prosecutor: Underwear not worth court time
By Chad Livengood
Central Michigan Life, October 08, 2004

Isabella County Prosecutor Larry Burdick refused to press charges against filmmaker Michael Moore Wednesday for "alleged inducements" to get students to vote at his Sept. 27 speech.

... Burdick wrote Greg McNeilly, executive director of the state Republican Party, Wednesday and stated his rationale for "respectfully declining" to file charges against Moore.

"I have to utilize my discretion in what cases to handle, and in that regard I choose to devote our resources to prosecuting those who are delivering cocaine to our young people rather than underwear," Burdick wrote.

Prosecutors in Antrim, Ingham and Wayne Counties also declined to press charges, The Associated Press reported Thursday.

... During Moore’s Sept. 27 speech in Rose Arena, he invited unregistered student voters on stage to receive a prize of Ramen noodles or underwear in exchange for their promise to register to vote. ... Moore did not tell students when he gave them the gifts they had to vote or choose Democrat John Kerry for president, contrary to the state party's allegations.

In Burdick’s letter to McNeilly, he asked the state's top Republican whether a jury would be convinced students' votes were influenced by Ramen noodles, "a staple in their diet."

"I think most jurors would consider his actions as simply an extension of his 'pitch' for young people to vote," Burdick said.

Burdick, a Republican, said he did not intend his letter to be disrespectful.

[TM Lutas]

I actually endorse the use of prosecutorial discretion in this instance. It sets the right tone of "hey this is something you really want to consult your lawyers on because it's illegal" but doesn't waste taxpayer's money on what is a marginal case. It doesn't provide any precedential value for more gross efforts in future and hopefully will get the left to stay a bit more on side next time around.

Unfortunately, Michael Moore's not the worst offender on the subject of leftist election law violations. The guy who broke a Bush campaign worker's wrist shares top honors with the unnamed people shooting into Bush campaign headquarters in TN and the guys going around stealing Bush campaign laptops with sensitive planning information on them. That's the sort of thing that really evaporates my sense of humor at even joking violations of election law.

[David Sucher]

I agree, TM.
Anyone of any party who is found to have broken the law should go to jail.