Quote:
Originally Posted by jsarno
I am happy for the daughter, she did nothing to deservet the crap handed to her.
I do, however, have an overwhelming concern about how society will digust this...especially the lawyers that will use this to allow thier own clients the same exception.
Sometimes the masses don't understand the consequences of exceptions.
|
The "exception" in this case is to the uncodified (i.e. - neither enacted as statute or regulation) informal policy of either this particular warden or the BOP. In administrative regulation such a policy is
extremely discretionary, subject to challenge on just about any grounds, disfavored by the courts and granted little, if any, binding effect.
Applying the relevant
written law in this case, a common sense approach could consider this an "extraordinary situation" under the terms of the applicable regulation. Thus, rather than an exception, the granting of this particular furlough could be seen as comporting with both the letter and the spirit of the codified law.