There is no "blurring" of the distinction between Dean Zimmermann's history 
as an antiwar activist and his responsibility as a public official, whether 
that responsibility is under the Hobbs Act or not.  Instead, the defenders of 
Dean Zimmermann are saying that from their experience of Dean Zimmermann, in 
some cases stretching over decades, and his history of poliical activism, they 
do not think he would do anything corrupt, illegal or immoral.
   Robert Halfhill   Loring Park


http://halfhillblog.blogspot.com

http://halfhillviews.greatnow.com
http://www.thepen.us

-- Russell Raczkowski <[EMAIL PROTECTED]> wrote:
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



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you think a member is in violation, contact the list manager at [EMAIL 
PROTECTED] before continuing it on the list.

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