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Holder Tapped For AG

Some criminal law blogging - sort of. via Newsweek:

President-elect Obama has decided to tap Eric Holder as his attorney general, putting the veteran Washington lawyer in place to become the first African-American to head the Justice Department, according to two legal sources close to the presidential transition.

Criminal law buffs fire away.

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    I was rooting for Napolitano (5.00 / 1) (#4)
    by Lolis on Tue Nov 18, 2008 at 02:02:08 PM EST
    but it is probably better to have someone who has been practicing law nonstop and not a politician. I am most excited to see a fully working Justice Dept. in 2009. There is so much to be done.

    She's needed in Arizona (none / 0) (#10)
    by cannondaddy on Tue Nov 18, 2008 at 02:40:29 PM EST
    to McCain's Senate seat in 2010.

    Parent
    What irony (5.00 / 1) (#19)
    by Saul on Tue Nov 18, 2008 at 05:15:54 PM EST
    Didn't Obama in his primary campaign not want anything to do with the Clinton and the Clinton Administration. The Clintons were the past and he was the new and the future.   After he got nominated he said he needed Hilary and Bill desperately in order to win.  Now he is taping his team with nothing but Clinton past appointees to include Hilary. Figure that one out.

    Silliness (none / 0) (#35)
    by Gobbluth on Tue Nov 18, 2008 at 07:37:56 PM EST
    I really wish that this silliness masked as criticism would cease.  Obama thought he would make a better President than Hillary(why else run?), and criticized some of their ways of doing business and a few of their policies.  He never said something to the effect of a "pox on their house".  Despite the fact that Enron was a Ponzi scheme ruined by corrupt leaders,  I bet their were hundreds of great employee's working there.    

    Guess what?  Most of the Democrats with some experience at the jobs that they would be asked to do worked under the Clinton's.  Just as, if the 2016 Republican nominee would I'm sure have a number of Bush appointee's whether or not he though he was Beelzebub.

    Parent

    I disagree (none / 0) (#39)
    by Saul on Tue Nov 18, 2008 at 08:29:31 PM EST
    The criticism by Obama on the Clintons and their administration was pretty complete and without mercy.   He ran his whole campaign that they were everything he did not want to be.  So it's only logical to conclude that it so ironical that know he can not exist without them.  He was wrong IMO that the Clintons were so bad.  The Clintons helped Obama a great deal in getting elected.

    Parent
    huh? (none / 0) (#41)
    by txpublicdefender on Tue Nov 18, 2008 at 11:09:08 PM EST
    The criticism by Obama on the Clintons and their administration was pretty complete and without mercy.   He ran his whole campaign that they were everything he did not want to be.

    So, now you're just making stuff up?  

    Parent
    Don't know much about him (5.00 / 1) (#20)
    by ruffian on Tue Nov 18, 2008 at 05:20:13 PM EST
    But I'm glad Obama did not pick an elected politican, like Edwards or Napolitano(I know he wouldn't pick Edwards now anyway, but you get my point). That never sits well with me - Ashcroft being my prime example.

    I mean in the AG spot (5.00 / 1) (#22)
    by ruffian on Tue Nov 18, 2008 at 05:23:20 PM EST
    I just think that job should go to someone who has not spent the last phase of his/her life courting favor with people. I like to think the AG has some integrity.

    Parent
    Good news (5.00 / 1) (#32)
    by robrecht on Tue Nov 18, 2008 at 06:42:40 PM EST
    I'm not into identity politics, but an African American as Head of the Justice Department is important symbolism nonetheless.  I remember hoping that Clinton would appoint Vernon Jordan as Attorney General.  I don't know much about Holder, but am glad nonetheless.

    Yes. And Clinton appointed (none / 0) (#38)
    by oldpro on Tue Nov 18, 2008 at 07:56:11 PM EST
    Holder Asst. AG...the highest office ever held by an AA in the Justice Dept.  He has a lot of experience and is well qualified.

    Parent
    Seems sound (none / 0) (#1)
    by scribe on Tue Nov 18, 2008 at 01:46:48 PM EST
    especially if this:

    though he has sharply criticized the secrecy and the expansive views of executive power advanced by the Bush Justice Department.

    turns out to be true and he can act on his beliefs.

    No opinion on his criminal justice qualifications....

    I, for one, am not troubled by the Marc Rich thing, because anyone who raises that issue can be met with "and Rich was represented by the now-disbarred felon Scooter Libby, who proved his skill at lying again and again."  Or something which reminds them that Libby was involved in that.  Besides, presidents should be generous with their pardon power.

    I really doubt (none / 0) (#2)
    by Steve M on Tue Nov 18, 2008 at 01:52:38 PM EST
    that the electorate has much interest in rehashing Bill Clinton's pardon controversy all over again, even if the media thinks they do.

    Parent
    You seem t obe forgetting that (5.00 / 1) (#5)
    by scribe on Tue Nov 18, 2008 at 02:04:38 PM EST
    the media approach the public from the angle of "you'll consume what we tell you to and like it."

    Parent
    LOL - Just to prove your point - (none / 0) (#6)
    by inclusiveheart on Tue Nov 18, 2008 at 02:07:08 PM EST
    Isikoff is on CNN right now and raised Holder's involvement in the Mark Rich pardon as his biggest problem.

    Parent
    No (none / 0) (#7)
    by Steve M on Tue Nov 18, 2008 at 02:18:00 PM EST
    I'm not forgetting it, in fact my post expressly acknowledged that fact.  The media will obsess over it and the public will largely tune them out.

    Parent
    When the Democrats get back in power (none / 0) (#27)
    by hairspray on Tue Nov 18, 2008 at 05:33:00 PM EST
    they can release the records on the Rich pardon.  I saw a number of reports that the pardon was given at the behest of Ehud Barak in the waning days of Clinton's presidency.  The scuttlebut was that Barak wanted some more amunition to help push the peace process over the line and the pardon was part of a diplomatic effort.  I'll be very interested in these revelations.

    Parent
    I was actually kind of expecting this. (none / 0) (#3)
    by Maria Garcia on Tue Nov 18, 2008 at 01:53:42 PM EST


    Not terribly surprising (none / 0) (#8)
    by flyerhawk on Tue Nov 18, 2008 at 02:35:14 PM EST
    Holder was the odds on favorite for the spot.  

    Bush management style (none / 0) (#9)
    by koshembos on Tue Nov 18, 2008 at 02:38:20 PM EST
    Eric Holder was present in one of the first meetings of W cabinet; his reaction was that Bush is efficient like an MBA; he was impress.

    Talk about inseders insider. I want to throw up.

    I have no opinion on Holder. (none / 0) (#11)
    by TChris on Tue Nov 18, 2008 at 03:02:39 PM EST
    I'm just glad Obama didn't select Wisconsin's governor Jim Doyle -- a rumor that (I suspect) never made it far beyond the state's boundaries.

    I'm thinking Doyle was a backup choice. (none / 0) (#14)
    by Ben Masel on Tue Nov 18, 2008 at 05:02:04 PM EST
    On Doyle (none / 0) (#16)
    by kaleidescope on Tue Nov 18, 2008 at 05:08:05 PM EST
    His dad was a pretty good judge.  Daddy Doyle let my friend Gillam Kerley subpoena Ed Meese in an attempt to show that Kerley was facing selective prosecution for failing to register for the draft.  It was clear that the "Justice" Department was only prosecuting non-registrants who spoke out against draft registration.  Dick (head) Posner overturned judge Doyle on that one.

    Young Jimmy didn't really shine as Wisconsin AG, at least according to my colleagues at Midwest Environmental Advocates.  And he's sucked on environmental issues as Governor. Never met a factory farm he didn't like.

    Parent

    'Pretty good' (5.00 / 1) (#21)
    by TChris on Tue Nov 18, 2008 at 05:23:05 PM EST
    vastly underrates Judge Doyle. The man was a model for judges everywhere. He was polite, he was fair, he was compassionate, and he fearlessly undertook his responsibility to enforce and defend the Constitution.

    Parent
    I'll second that, and he sentenced me to 15 days. (none / 0) (#36)
    by Ben Masel on Tue Nov 18, 2008 at 07:48:05 PM EST
    Notable, his effort in TakeOver v US, the first contested Freedom of information Act case (I was a named coplaintiff,) which established procedure for contesting claims that documents were exempt.

    We were seeking FBI records of surveillance of the antiwar movement in Madison, as well as around the 1972 Conventions in Miami.

    Parent

    I Agree (none / 0) (#40)
    by kaleidescope on Tue Nov 18, 2008 at 10:18:34 PM EST
    He was a great judge and a very nice man.  Too bad he had to occupy the same courthouse as Shabaz.

    Parent
    my big problem with Holder (none / 0) (#12)
    by txpublicdefender on Tue Nov 18, 2008 at 04:49:26 PM EST
    This is my longstanding issue with Holder:
    Notwithstanding long-standing judicial recognition of the common interest privilege, in June 1999, when DOJ formalized its policies for determining whether to prosecute a corporation, it took a position against joint defense agreements between corporations and their employees. Specifically, at that time Deputy Attorney General Eric Holder issued DOJ's first set of guidelines to be considered by federal prosecutors when deciding whether to bring charges against corporations. The Holder Memorandum directed prosecutors to weigh "whether the corporation appears to be protecting its culpable employees ... through the advancing of attorneys fees, through retaining the employees without sanction for their misconduct, or through providing information to the employees about the government's investigation pursuant to a joint defense agreement."[FOOTNOTE 7]

    The Holder Memorandum's effort to discourage the use of joint defense agreements merely formalized what was already a widespread practice of federal prosecutors to ask defense lawyers representing corporations whether the company had entered into any joint defense agreements. Whether or not the prosecutor directly expressed disapproval or consternation, the mere inquiry had the effect of sending a message that the joint defense agreement was viewed negatively by the government. It was well understood by the defense bar -- as was ultimately expressed in the wording of the Holder Memorandum -- that the government viewed any effort by corporate counsel to share information or strategy with counsel for company employees as evidence that the "corporation appears to be protecting culpable employees. ... "


    I know he was only reducing to writing and official guidelines what had been a longstanding practice, but this was a direct attack on the 6th Amendment right to counsel, IMO.  It has since been revised/reversed due largely to pushback from some federal judges.  

    I think there was just some extensive (none / 0) (#13)
    by scribe on Tue Nov 18, 2008 at 04:56:19 PM EST
    reworking of the whole issue post the judges pushing back, such that the 6th Amendment doesn't take nearly the hit it had been.

    IIRC, Jack Weinstein was one of the biggest push-back-ers (as on so many other issues).

    Thank heavens he's there.

    Parent

    Holder (none / 0) (#15)
    by kaleidescope on Tue Nov 18, 2008 at 05:03:03 PM EST
    Holder is a Columbia Law grad.  Some people might think that means something.

    In character with Columbia Law grads, Holder represented Chiquita Brands when it came to light that Chiquita was paying money to death squads in Colombia -- death squads the State Department had declared terrorist organizations. Holder managed to work out a settlement with Bush's "Justice" Department whereby Chiquita pleaded guilty and paid a fine of $25 million.  Not a bad result for his client considering that it had been funneling money to terrorist organizations.

    It remains to be seen whether Holder -- Columbia Law grad or not -- could've gotten the same deal if his clients had been Palestinians funneling money to Hamas.

    so what? (none / 0) (#17)
    by txpublicdefender on Tue Nov 18, 2008 at 05:12:22 PM EST
    So, doing his job in giving a zealous defense to his clients is bad why?

    Parent
    Hey He Did a Great Job for His Client (none / 0) (#24)
    by kaleidescope on Tue Nov 18, 2008 at 05:24:05 PM EST
    And like a public defender, I'm sure Holder had no choice in deciding to take this particular client on. Holder probably needed the money.

    Parent
    character of columbia law grads? (none / 0) (#18)
    by txpublicdefender on Tue Nov 18, 2008 at 05:15:30 PM EST
    And what the heck is it supposed to mean when you say, "In character with Columbia Law grads . . . "?

    Parent
    Heck (none / 0) (#26)
    by kaleidescope on Tue Nov 18, 2008 at 05:29:01 PM EST
    He did a good job for his client.  Why? Is there any reason for Columbia grads to feel defensive?

    Parent
    nice twisting you're doing there (none / 0) (#29)
    by txpublicdefender on Tue Nov 18, 2008 at 06:02:44 PM EST
    You said:
    In character with Columbia Law grads, Holder represented Chiquita Brands when it came to light that Chiquita was paying money to death squads in Colombia . . .

    Your character comment refers, at least as you typed it there, to the fact of his representation.  The way I read that, you are saying that it is some character trait of Columbia Law grads to represent corporations paying money to death squads or other such ne'er-do-wells you disapprove of.  The tenor of your post clearly was not one of approval for his excellent work on behalf of his client.  Pretending otherwise in response to my post is disingenous.

    Parent
    Well Since You Brought It Up (none / 0) (#33)
    by kaleidescope on Tue Nov 18, 2008 at 07:28:08 PM EST
    Roy Cohn was a Columbia grad.  And I personally listened to Herbert Wechsler express his disgust for the Columbia students who hid library books so their classmates couldn't use them on an open book test.

    Parent
    Every grad school (none / 0) (#37)
    by oldpro on Tue Nov 18, 2008 at 07:49:54 PM EST
    has these problems.

    A few bad apples, etc. etc.

    Let's just judge individuals on their own performance, shall we?

    Holder has a few things to answer for (Elian Gonzales, etc.) but attending Columbia isn't one of them.

    IMHO, of course.

    Parent

    Elian (none / 0) (#43)
    by txpublicdefender on Tue Nov 18, 2008 at 11:19:09 PM EST
    I have no problem with the way he handled the Elian Gonzalez matter.  Taking a child from people who had no legal right to him and yet refused to let him go, and returning him to his father was fine with me.

    Parent
    Fine with me too (none / 0) (#44)
    by oldpro on Wed Nov 19, 2008 at 12:11:13 AM EST
    but there are those with whom it isn't fine and it was a political, television circus/nightmare.  Makes for opponents is all, in a pretty high profile case.

    Parent
    Wow (none / 0) (#42)
    by txpublicdefender on Tue Nov 18, 2008 at 11:14:32 PM EST
    You're going to demonize thousands of people because they graduated from the same law school as one horrible person?  And I thought Sarah Palin was bad for implying Obama was a terrorist because he was on the same board as Bill Ayers.

    As for hiding library books, I almost spit out my drink reading that.  I challenge you to go to any top law school in the country and not hear stories of stuff like that happening.

    Parent

    It seems to me (none / 0) (#23)
    by Steve M on Tue Nov 18, 2008 at 05:23:38 PM EST
    that paying off terrorists who would otherwise sabotage your business operations, whether legal or illegal, is quite different from a moral standpoint than funding a terrorist organization because you agree with their goals.

    Parent
    Unless (5.00 / 1) (#25)
    by kaleidescope on Tue Nov 18, 2008 at 05:25:54 PM EST
    You were paying them to "protect" you from union organizers.

    Parent
    I dunno (none / 0) (#28)
    by Steve M on Tue Nov 18, 2008 at 05:33:56 PM EST
    are you alluding to something that is an established fact regarding this protection money?

    Parent
    Well (none / 0) (#34)
    by kaleidescope on Tue Nov 18, 2008 at 07:34:03 PM EST
    The Huff Po says that Holder's client didn't just pay money to the death squads -- it supplied them with a cache of machine guns.  Here's an excerpt from today's Huffington Post:

    Eric Holder would have a troubling conflict of interest in carrying out this work in light of his current work as defense lawyer for Chiquita Brands international in a case in which Colombian plaintiffs seek damages for the murders carried out by the AUC paramilitaries - a designated terrorist organization. Chiquita has already admitted in a criminal case that it paid the AUC around $1.7 million in a 7-year period and that it further provided the AUC with a cache of machine guns as well.

    Indeed, Holder himself, using his influence as former deputy attorney general under the Clinton Administration, helped to negotiate Chiquita's sweeheart deal with the Justice Department in the criminal case against Chiquita. Under this deal, no Chiquita official received any jail time. Indeed, the identity of the key officials involved in the assistance to the paramilitaries were kept under seal and confidential. In the end, Chiquita was fined a mere $25 million which it has been allowed to pay over a 5-year period. This is incredible given the havoc wreaked by Chiquita's aid to these Colombian death squards.

    According to Mario Iguaran, the Attorney General of Colombia, Chiquita's payments to the AUC paramilitaries led to the murder of 4000 civilians in the banana region of Colombia and furthered the growth of the paramilitaries throughout Colombia and their violent takeover of numerous Colombian regions. Iguaran, in response to the claims of both Chiquita and Eric Holder himself that Chiquita was somehow forced to pay "protection" to the paramilitaries (see, Washington Post and Conde Nast Portfolio), stated unequivocally that "[t]his was not payment of extortion money. It was support for an illegal armed group whose methods included murder." See, Christian Science Monitor, "Chiquita Case Puts Big Firms on Notice."



    Parent
    Holder on Torture: (none / 0) (#30)
    by steviez314 on Tue Nov 18, 2008 at 06:15:49 PM EST
    Eric H. Holder Jr., Deputy Attorney General during the Clinton administration, asserted in a speech to the American Constitution Society (ACS) that the United States must reverse "the disastrous course" set by the Bush administration in the struggle against terrorism by closing the detention center at Guantanamo Bay, declaring without qualification that the U.S. does not torture people, ending the practice of transferring individuals involuntarily to countries that engage in torture and ceasing warrantless domestic surveillance.

    "Our needlessly abusive and unlawful practices in the `War on Terror' have diminished our standing in the world community and made us less, rather than more, safe," Holder told a packed room at the ACS 2008 Convention on Friday evening. "For the sake of our safety and security, and because it is the right thing to do, the next president must move immediately to reclaim America's standing in the world as a nation that cherishes and protects individual freedom and basic human rights."



    sounds good (none / 0) (#31)
    by txpublicdefender on Tue Nov 18, 2008 at 06:34:58 PM EST
    I certainly like the sound of that.

    Parent
    Opposition to the Appointment of Mr. Eric Hold (none / 0) (#45)
    by IsidoroRDL on Thu Nov 20, 2008 at 10:55:11 AM EST
    Greetings:

        As an old Progressive Republican who after Name and Watergate worked as an appointee in both the Carter and Reagan Administrations-before the era after 1983 of divisive politics-I have been a strong supporter of President-elect Obama.  However, I oppose the appointment of Mr. Eric Holder for two main reasons:

        First, Mr. Eric Holder as part of DOJ has a record which subscribes to the collusion of DOJ with the Judicial Branch in violation of the rights of citizens, and the mandate of separation of power.

        During the past 32 years that I have conducted federal civil rights litigation on behalf of resident and nonresident Hispanics1-Mr. Eric Holder was in DOJ and as a Beltway attorney worked with the Judicial Branch to make the government less accountable.  Thus, if he is appointed and gets Senate approval, the policy of DOJ will be to permit less and less right and ability of citizens  to control abuse of government and its employees.  The evidence confirms during the past 32 years that Courts, DOJ and the Bar have made it almost impossible to make the government accountable  by use of both Civil Rights and Watergate legislation. Query--Who can now afford to sue the government for malfeasance, even if one could find a lawyer willing and able to do so?  This is no accident.  Also, the Bush Administration's disregard for the Rule of Law was no anomaly, but in fact consistent with past DOJ policies under Mr. Eric Holder.

        To understand the magnitude of the problem that the citizens are confronted with by DOJ's policy of the violation of separation of power by collusion with the Courts,2 I suggest for your reading, The Fraternity: Lawyers and Judges in Collusion, by John Fitzgerald Molloy. St. Paul, Minn.: Paragon House,* and a recent article, "How to Save the Courts" by Justice Sandra Day O'Conner, Parade Magazine, February 24, 2008.

        Second, Mr. Eric Hoder is a defendant in a civil RICO action for violation of 18 U.S.C. §§ 241, 242, 1204, and 1513.

        The evidence confirms that in his capacity as a Beltway attorney and lobbyist he has been the linchpin in a criminal conspiracy by government employees to deprive my Son of his civil rights as a U.S. citizen, obstruct my rights as a parent, and injure, stigmatize, and deprive me of my right as an independent civil litigation attorney in retaliation for my for petitioning Congress, litigating to enforce my federal statutory rights as a parent to compel DOJ to comply with their duty under the Hague Convention on Missing and Abducted Children and Virginia's Uniform Child Custody Jurisdiction and Enforcement Act VA Code § 20-124.1 et seq., See, and for my past 30-year federal civil litigation against the unauthorized polices and practices of DOJ and the Federal Courts in violation of resident and nonresident Hispanics.

        In furtherance of the conspiracy Mr. Eric Holder  did file a fraudulent bar complaint with the Virginia State Bar Disciplinary Board ("VSBDB"), complaining of my litigating to enforce federal rights.  However, his actions were in violation of Federal criminal law. Also, it uncovered evidence that the Supreme Court of Virginia usurped the mandate of separation of power and the authority granted only to the General Assembly under the Constitution of Virginia to crate courts-of-record.  Thus, the evidence is that the VSBDB is without judicial authority or jurisdiction to revoke any attorneys license, and its order as to me is void as issued by a kangaroo court.3 see Petition for Impeachment of members of Supreme Court of Virginia et al., dated June 2007, http://www.petitiononline.com/RDL/petition.html, and see also.

        However, because of the far reaching political implications of holding Mr. Eric Holder et al. Accountable for their criminal acts, the Federal Courts since 2007 have "stonewalled" by denying demands for a RICO jury trial, refused to comply with the Void Order Doctrine, denied access to an impartial court to compel DOJ protect me as a victim pursuant to the mandate of 18 U.S.C. § 3771(a), and denied me of the right to sue for damages under RICO for malfeasance based on holding absolute Judicial and Executive immunity from tortious and criminal liability and lack of venue in D.C. to challenge the criminal acts initiated there by Mr. Eric Holder,  Isidoro Rodriguez, Esq. v. Editor in Chief, Legal Times, et al., Petition for Writ of Certiorari, US S Ct. Docket No. 08-411, filed on September 28, 2008.   See In re Isidoro Rodriguez, Petition for Writ of Mandamus, US S Ct. Docket No. 08-339, September 15, 2008, to compel the federal courts to comply with the 18 U.S.C. § 3771; and  Isidoro Rodriguez v. Hon. Leroy Rountree Hassell, Sr. Chief Justice , Supreme Court of Virginia, et al., Petition for Writ of Certiorari, US S Ct. Docket No. 08-574, field October 30, 2008.

        Consequently, to prevent a blot the fledgling Obama/Biden Administration I oppose any hasty appointment Mr. Eric Holder before requiring an investigation of the evidence of malfeasance and my allegations.

        At this critical time when the to restore integrity and public confidence in DOJ., we as citizens to protect our rights under this Republic must comply the complying with the word proclaimed on the Robert F. Kennedy Justice Department Building in, "No Free Government Can Survive That Is Not Based on The Supremacy of Law.  Where Law ends, Tyranny Begins, Law Alone Can Give Us Freedom"

    Isidoro Rodriguez, Esq.
    Law Offices of Isidoro Rodriguez
    Mobil: 703.470.1457 Email: isidoror@earthlink.net
    Web:  http://www.4jobs.com/1114836
    Web: http://justiciaportodo.webs.com

    1After I argued and won a Federal Tort Claim Act action, Martinez v. Lamagno and DEA, 515 U.S. 417 (1995), the Legal Times confirmed that I was the only know active U.S. license federal litigation sole practitioner residing outside of the U.S. and litigating in Federal Courts on behalf of resident and nonresident Hispanics, i.e. I have: (i) represented 360 nonresident Hispanic women in Class action Breast Implant Cases; (ii) litigated to stop the seizing of all nonresident Hispanic surnamed accounts in the United States as violation of the Electronic Communications Privacy Act, the Bank Secrecy Act, and the Right to Financial Privacy Act,  Lopez v. First Union, 129 F3.rd. 1186 (11th Cir. 1997); and, (iii) litigated against the issuance of the Constitutional prohibited bill of attainders against nonresident Hispanics.

    2In a review of The Fraternity, Dennis DeConcini, U.S. Senator (Ret), stated regarded the violation of separation of power by the Judicial Branch that"...it is very clear...that the Courts in our judicial system have, in fact, become the lawmakers, when it is very clear...that our Constitution delegated that responsibility to the Congress of the United States and the State Legislatures....treads on almost sacred ground when he gives his readers the real insight into how the legal profession has truly changed from being one of the premier professions in our society to a business where the number one objective or bottom line is financial profit..." (Emphasis added).

    3"Kangaroo court." . . . 2. A. Court or tribunal characterized by unauthorized or irregular procedures, . . . . 3.  A sham legal proceeding. . . .`"  Bryan A. Garner, Black's Law Dictionary, at page 382 (8th ed., 1999). Emphasis added.