One must remember what the purpose of the affidavit was: to obtain a search warrant by demonstrating probable cause for suspecting violations of federal law. The conclusion of the affidavit lays out the two sections of federal statute possibly violated by Dean Zimmermann: (1) the Hobbs Act/Extortion Under Color or Official Right and (2) Bribery and Gratuities Concerning Programs that Receive Federal Funds.
The second violation is literally secondary here, I think, but the concept is that an elected official in city government routinely administers and makes decisions about federally funded programs and that evidence of willingness to accept bribes in such an official gives the feds legitimate reason to investigate his or her activities--in other words the Federal government has a duty to safeguard Federal monies and a bribe taking government official with power over those funds represents a risk the federal government's financial interest. Regardless, the Hobbs Act give the feds jurisdiction based on the anti-racketeering intention of the act; it does not require that federal funds are involved. Key to understanding this is that the POWER OF THE OFFICE ITSELF provides COERCION for payment and that acceptance of the payment constitutes EXTORTION based on the official's inherent political power. The defenders of Mr. Zimmermann seem intent on ignoring the unique responsibility of an elected public official under the Hobbs act and on blurring Mr. Zimmermann's history as an activist with his responsibility as an elected official. We are not talking about running an unlicensed cash bar at an anti-war event. Further, this is an on-going investigation INTO THE ACTIVITIES OF ZIMMERMANN AND "OTHERS AS YET UNKNOWN." It would appear to me that the feds are confident that they "have" Mr. Zimmermann, so to speak. If they have him on tape as described in the affidavit, Mr. Zimmermann is in big trouble. The feds are now exploring the possibility that other city officials, not necessarily elected, are implicated. They are likely exploring whether Mr. Zimmermann has engaged in other instances of corruption. I am not an attorney and welcome correction from those more trained than myself. . . . But that is how I understand it. Thanks, Russell Raczkowski Bancroft REMINDERS: 1. Be civil! Please read the NEW RULES at http://www.e-democracy.org/rules. If you think a member is in violation, contact the list manager at [EMAIL PROTECTED] before continuing it on the list. 2. Don't feed the troll! Ignore obvious flame-bait. For state and national discussions see: http://e-democracy.org/discuss.html For external forums, see: http://e-democracy.org/mninteract ________________________________ Minneapolis Issues Forum - A Civil City-focused Civic Discussion - Mn E-Democracy Post messages to: mailto:mpls@mnforum.org Subscribe, Un-subscribe, etc. at: http://e-democracy.org/mpls
