Friday, January 3, 2014

News from Nevada re campaign finance violation: "Judge: Whittemore can stay out of prison while appeal is considered"

Quoted in this one:

In a major victory in Harvey Whittemore’s ongoing legal battles, a federal judge has ruled that the fallen power-broker can stay out of prison until the U.S. Supreme Court rules on a major campaign finance case, which could affect his appeal.

Jessica Levinson, a professor at Loyola Law School in Los Angeles, said she was surprised by Hicks’ ruling on the Whittemore case because McCutcheon deals with aggregate contributions, not the annual individual limit for one candidate, which was the issue in Whittemore’s case.

Levinson said she does not believe the high court will address a question that it was not asked to answer.

“I don’t think McCutcheon is going to save him,” Levinson said of Whittemore. “Even if the court struck down aggregate contribution limits on First Amendment grounds, and even if the ruling was broad enough to include the individual contributions, Whittemore has been convicted of a law that was previously in place and they would have to make the ruling retroactive.

“I think this was an abundance-of-caution ruling.”

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