-Caveat Lector-
> Secondly, Tripp's recording always (as far as I know) crossed
> State lines and would therefore seem to be a Federal issue, over
> which Starr's office's immunity grant would seem to be
> unequivocal.
>
> Could somebody please explain why this isn't a slam-dunk for
> Tripp?
Simply because something crosses a state line does NOT make it only Federal,
or only the issue of a given state. Let me explain.
A stands 100 yards inside the State of New York. B stands 100 yards inside
the state of New Jersey (200 yards total distance between the two). A fires
a rifle, bullet goes directly into B's heart. B's dead before he hits the
ground. Who has jurisdiction?
Answer is: Everyone.
The criminal act was in New Jersey. The firing of the bullet with intent to
kill. The bullet then actually killed SOMEONE (Note: as a matter of law,
intent follows the bullet. IF A's bullet had nicked B and then tore half of
C's head open, that is still murder.)
The result of the criminal activity was in New York. A bullet fired by
someone with intent to kill killed someone in the confines of the State of
New York. That makes it a matter for the State of New York, as the death
occured in the state.
Now why did I say 100 yards? Because MANY states (I'd say all) state that if
the action occurs within X yards of the border, the state can take it. This
is to avoid the infamous "Well I'll make a run for the border" stuff. I
think NY is 100 yards from its border, I don't think NJ is much different.
And let's not forget the potential Federal aspect. Since this was a crime
involving the crossing of a state line, the Feds could argue jurisdiction.
Doubtful, but possible.
Now, what does this have to do with Tripp?
Maryland law applies since the (alledged) criminal action occured in
Maryland. The resulting injury was in DC, but since DC is a federal
district, a grant of immunity by Starr covers. A Federal prosecutor's grant
of immunity does NOT however utterly totally preclude a state prosecution. A
Federal JUDGE orderiing such a immunity does "Full faith and credit". That's
why Maryland is scrambling to prove its case without using anything gotten
from Starr's work to avoid this issue altogether.
But this raising a whole nother issue: if a prosecutor grant immunity, does
it need to be signed by a judge before it is offical? Well, that depends on
the kind of immunity (limited, full, "transactional", etc.), the state, and
so on.
So, what do we have with Tripp:
State-to-District jurisditional problem
Time when an immunity agreement is deemed "in place"
State's authority to ignore a Federal immunity deal if/when
One more point Tripp was suppose to argue: Federal law says that the
collection of information of a felony is valid (kinda like "citizens
arrest". If you see a Federal crime (or any crime for that matter)in front
of you, you are SUPPOSE to observe it if you can. Now Tripp was going to
argue that since Federal law made such a collection of information ok, and
since Federal law trumps state law (supremecy clause) that her collection
was proper. The counter arguement: the collection of information means if
you see a murder taking place, you are SUPPOSE to watch. NOT then sit there
and go run and grab a video recorder, come back and ask the murderer "Can
you please get into frame? Thanks."
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