Wednesday, May 03, 2006

Court Reverses Conviction for "Assault by Voicemail" but Upholds Charge of Willfully Oppressing a Person in Connection with Revenue Laws

United States v. Temple, Docket No. 05-0165-cr(L); 05-0679(XAP) (2d Cir. May 1, 2006) (Miner, Wesley, Rakoff)

Eva Temple, an IRS employee, was charged with disruptive behavior in two separate incidents. In the first, two New York City Police Detectives came to arrest her at her place of work, and, as they did, she verbally abused them. In the police car on the way to the precinct, she told the detectives that "she had the 'ability to initiate investigations and audits into the[ir] tax histories'" and that she had co-workers who held a grudge against the police whom she could tell to audit their tax returns. For this, she was charged with willfully oppressing a person under color of law while acting in connection with a revenue law of the United States. 26 U.S.C. § 7214(a). Ms. Temple was subsequently fired from her job and made a telephone call to the official who had recommended her firing. The official received a voicemail message about nineteen hours after it was left, threatening to "fuck you up, you faggot bitch." For this, she was charged with "forcibly" assaulting or intimidating the official.
18 U.S.C. § 111. The district court granted a judgment of acquittal on the oppression charge, holding that it was not under "color of law," since she was not acting under any actual authority, was not even "apparently" empowered to punish the officers, and that the officers were laughing at her taunts; it upheld the "forcible" assault or intimidation charge, however.

The Circuit reversed both rulings of the district court. It found fairly easily that the threat to "fuck up" an official left on his voicemail many hours before the message was finally received did not involve the "immediate or imminent threat" necesessary for a conviction for "forcible" intimidation. That was despite the threatened official's testimony that he was "basically petrified" after receiving her call because he was aware of her actions at the time of her arrest and that he had "great concerns about [his] own safety."

The Circuit reversed the judgment of acquittal on the oppression count, however. It held that Ms. Temple's employment by the IRS clothed her with "indicia of authority" and that she made a "specific and direct threat under the guise of apparent authority." It noted that the officers were unaware that Temple probably did not have authority to initiate any audit of their tax status.

Judge Wesley concurred, writing to express his concern that the court's reliance on its prior decision in United States v. Giordano, 442 F.3d 30 (2d Cir. 2006), had allowed "a victim's subjective beliefs or fears about a defendant's ability to or willingness to use his or her public position to cause harm" to be the basis for a finding that a defendant was acting "under color of law." Judge Wesley stated that he would hold that Temple's threats were under color of law without regard to the police detectives' subjective beliefs or fears about her actions. He urged that the color of law inquiry be based on "objective criteria."


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These thoughts that are not aligned with your goal. You are not giving complete attention to what you want. Whilst you are dealing with these other lines of thought your attention is not on your goal.
If you are aware of your thoughts you will suddenly realise that you have spent much more energy on counter productive thoughts than on creating a dominant picture of the goal you want.
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Take the first Atomic Bomb - it could lay waste to an entire city in seconds. Or the gravitational pull of the Sun which stops our tiny planet from hurtling into space. Imagine the power of a black hole - that region of spacetime from which nothing can escape not even light travelling at 186 thousand miles a second. The Universe is full of powerful forces. Yet, all these wondrous things pale into insignificance when compared to the power of the subconscious mind.

The subconscious part of your mind is that part which regulates your heartbeat, lungs, digestive system and everything else in your body. It directs the inner workings of your body and such things as (what biologists call) 'machines' - tiny living cells that are composed of motors, drive-shafts and propellers - seriously!!! There is mounting evidence that the cells in our bodies have memory and that our very DNA is coded with memories of our ancestors. As well as having full control of all these functions and more your subconscious also retains all the thoughts, experiences and emotions you have ever felt. It regulates the most complicated mechanism in the unknown Universe - your body - and it can calculate the trajectory of multiple moving objects while supplying you with the words necessary to debate an issue while controlling a complex task of activities such as driving a car!
These tasks alone show how powerful the subconscious mind is. But it is much more powerful than that!

The truth is: No-one knows the limits of the subconscious mind's power!

Tell yourself that you will wake up at 6 a.m. and chances are you will awake. Go to a crowed party and through a mass of voices you will hear someone at the other side of the room mention your name! Set a problem aside and miraculously, out of nowhere, the answer comes while you are involved in another task. It recreates situations in your life that correspond to your beliefs. Time and time again you find yourself in the same situations, with similar partners, in almost identical jobs. Like a wheel your subconscious mind creates situations that bring your life back to the same spot.
Likewise it can totally transform your life - even overnight! It can bring you new situations, life experiences, luxuries and even people.

However, it is like a na�ve child or a better analogy is that of a computer. It believes everything that you tell it. Your conscious mind is the gatekeeper. Anything you think with complete faith is immediately past to the subconscious mind - which it then takes as literal fact. There will be no arguments because it has no discriminating capabilities.
Although your subconscious mind is more powerful than you can possibly imagine it is a mere servant. It is at your disposal. YOU are in charge. It acts just like a computer and like every computer it needs software to run. So if you do not program it then someone else will! You are constantly being bombarded with software programs for the mind every minute of everyday. Buy this product and you will look slim, drive this car and you will seem sexy, drink this potion and you will feel more vibrant about life. You are told what to buy and when to buy it, when you are too young to do a thing and when you are too old. You are told what is possible and what is not. Snap out of it!
Take back your control over mind and body. You were born with the most powerful computer system known to man - a bio-computer that regulates a sophisticated, highly flexible, changeable, self repairing vehicle. You are amazing, a true miracle. If you bought a new top of the range diesel Mercedes would you let Joe or Sue down the road fill it up with petrol?
Begin to think for yourself. Who told you that you could not achieve your dreams? Do you believe it? Who told you that you were too fat, too skinny, too stupid, too smart, too young or too old?

Does it matter?

No! Because you are and always have been in total control. Change your thinking and you will change your subconscious beliefs. Change your subconscious beliefs and you will change your life. subliminal

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