Real0ne
Posts: 21189
Joined: 10/25/2004 Status: offline
|
FSIA is for people not government agents if you know what I mean. I think that this clearly points out the differences in how both groups achieve parity. Then there is that other side of the coin. 63C Am.Jur.2d, Public Officers and Employees, §247* "As expressed otherwise, the powers delegated to a public officer are held in trust for the people and are to be exercised in behalf of the government or of all citizens who may need the intervention of the officer. [1] Furthermore, the view has been expressed that all public officers, within whatever branch and whatever level of government, and whatever be their private vocations, are trustees of the people, and accordingly labor under every disability and prohibition imposed by law upon trustees relative to the making of personal financial gain from a discharge of their trusts. [2] That is, a public officer occupies a fiduciary relationship to the political entity on whose behalf he or she serves. [3] and owes a fiduciary duty to the public. [4] It has been said that the fiduciary responsibilities of a public officer cannot be less than those of a private individual. [5] Furthermore, it has been stated that any enterprise undertaken by the public official who tends to weaken public confidence and undermine the sense of security for individual rights is against public policy. Fraud in its elementary common law sense of deceit-and this is one of the meanings that fraud bears [483 U.S. 372] in the statute. See United States v. Dial, 757 F.2d 163, 168 (7th Cir1985) includes the deliberate concealment of material information in a setting of fiduciary obligation. A public official is a fiduciary toward the public, including, in the case of a judge, the litigants who appear before him and if he deliberately conceals material information from them, he is guilty of fraud. McNally v United States 483 U.S. 350 (1987) See there really was a great reason for putting that up there. You see there are lots of people who stand on their soap boxes and forgive every politician through any negligence regardless of the fraud committed. This bud is for them :) Hail the Tea Parties!
_____________________________
"We the Borg" of the us imperialists....resistance is futile Democracy; The 'People' voted on 'which' amendment? Yesterdays tinfoil is today's reality! "No man's life, liberty, or property is safe while the legislature is in session
|