ORANGE JUMPSUIT FOR SHIFTY? PJ Media published an item today that raises the question of Adam Schiff’s potential criminal liability for playing games with mortage applications. Most notably, the story mentions Sen. Cornyn’s proposed bill:
“Sen. John Cornyn has introduced the Law Enforcement Tools to Interdict Troubling Investments in Abodes—or the LETITIA Act, pointedly named after the New York AG herself. But this isn’t just a symbolic jab. The bill represents a serious move to expand criminal liability and, more importantly, stiffen penalties for public officials who abuse their positions for personal gain—specifically through shady dealings like mortgage or tax fraud.”
I’m not a criminal defense lawyer, and as much as I’d love to see that weasel in the pokey, I have to wonder out loud whether applying it to that disgusting slime ball would be an ex post facto application. I suppose if the fraud is ongoing, that might solve the issue, but (again, not being a criminal defense lawyer) if the law contains a “scienter” requirement (that’s “knowingly” for laypeople) it would seem that he can’t be held liable for crimes that weren’t really crimes at the time he fudged his mortage app.
Of course, it seems to me there’s pretty good evidence rising to probable cause that he’s already broken laws such as mortgage fraud and wire fraud, but I leave that to sharper minds…