Good morning. This hear willing come to order. This hearing will come to order. I want to thank acting secretary wolf for his service and for taking the time to come before our committee here today. I know you have a lot of things on your plate here. The committee does appreciate you taking the time for coming in and explaining whats all been happening and answering our questions. Your full testimony, full written testimony will be entered in the record. For my part, im going to read my Opening Statement, and then there will be a twominute video at the tail end of my statement. The federal protective Service Officer David Patrick underwood was 53, on may 29th, when he was shot dead guarding a Federal Building in Oakland California during a protest. His partner was also shot, but thankfully survived. News reports said the protests involving approximately 8,000 people turned chaotic and violent as demonstrators smashed windows, looted stores and broke into a bank a few blocks from where
President ial bid. They used a wire fraud statute to prosecute kelly for the political revenge plot. Once again the government is trying to use the open ended federal fraud statutes to enforce honest government at the state and local levels. Its theory this time is that the defendants committed property fraud, by reallocating two traffic lanes from one public road to another, without disclosing their real political reason for doing so. This theory turns the integrate of every official action at every level of government into a potential federal fraud investigation. It ends runs mcnally and skilling by subsuming on a Services Fraud within property fraud and by criminalize ulterior motives even without bribes or kick backs. Would affect the criminal jurisdiction in a fraught area. Not the law. This court in cleveland held that Regulatory Authority is not property. So an official who induces a sovereign decision through deceit has not obtained property by fraud. Only when the official lie
This theory turns the integrate of every official action at every level of government into a potential federal fraud investigation. It ends runs mcnally and skilling by subsuming on a Services Fraud within property fraud and by criminalize ulterior motives even without bribes or kick backs. Would affect the criminal jurisdiction in a fraught area. Not the law. This court in cleveland held that Regulatory Authority is not property. So an official who induces a sovereign decision through deceit has not obtained property by fraud. Only when the official lies to divert state resources to private use has he stepped outside the regulatory rachael and committed property fraud. This recall distinguishes property fraud from services proud and from routine hit cal conduct. Political don duct. Here because the defendant reallocated the traffic lanes from one public use to another, the Port Authority at most was deprived of regulatory control, not property. And thats true regardless of whether as
Thessue in this case collection of this information is a search as it disturbs peoples longstanding practical expectations that their longstanding actions will remain private. You want ushe rule to adopt in this case assuming we keep a miller, miller and smith versus maryland on the book. The role we seek is longerterm aggregations of cell phone is a search and requires a warrant. We are not asking the court to overturn those cases. We think the lesson to be john is that any the lesson to be drawn is that any extension of predigital to this digital data how would you distinguish miller . Miller requires more limited that it was voluntarily conveyed and words created by the passing of instruments in the stream of commerce to transfer funds. What we have here is more sensitive and less voluntary. Why is it more sensitive . Why is cell site Location Information more sensitive than bank records, which particularly today, when a lot of people do not use cash much, a bank record will disclos
This. I turned down 5 million by a big lobbyist. Not a bad person. A tough guy. Not a bad person. When he gives me 5, hes not doing that because he thinks i have beautiful hair. Its not that bad. And it is my hair. Is it my hair . It is. It is actually. People dont know that. I proved that in alabama. It was really hot. It was rainy. I took off my hat and everybody said it is really his hair. Its weird. I dont have to do that tonight. Sort of nice. So we would go over and the lobbyists would say, no, no, we gave you millions of dollars, mr. President. And you owe it to ford. You have the lobbyists. After about ten minutes hell say i cant really do that. They really helped me in my campaign. With me, theyre going to call me. I know all these guys. They never did anything because i dont twanlt money. I turned down so much money. I feel like such a stupid person. First time in my life i feel stupid. Guys are offering me millions. Im telling you. 5 million. I could turn it down now. Do you