"(a) Whenever the commissioner believes from evidence satisfactory to the commissioner that any person has violated or is about to violate a provision of this division, or a provision of any order, license, decision, demand, requirement, or any regulation adopted pursuant to this division, the commissioner may, in the commissioner's discretion, bring an action, or the commissioner may request the Attorney General to bring an action in the name of the people of the State of California, against that person to enjoin that person from continuing that violation or doing any act in furtherance of the violation. Upon a proper showing, a permanent or preliminary injunction, restraining order, or writ of mandate shall be granted and other ancillary relief may be granted as appropriate."
So, all they would have needed was "evidence satisfactory to the commissioner" that you were "about to violate a provision of this division, or a provision of any order, license, decision, demand, requirement, or any regulation adopted pursuant to this division" in order to refer you to the U.S. Attorney. The California Attorney General wouldn't be involved in federal prosecution.
This section (formerly proposed Section 2155) is gone now because I threw a fit. No one else did. I find that depressing.
Well let's get our dystopias straight. That's precrime, not thoughtcrime. :)
Seriously though, I am not a lawyer - isn't that what injunctions are for? To get a judge (or in this case, the A-G) to put the brakes on something that might cause irreparable harms, in advance of a final ruling?
Comments
See http://www.aarongreenspan.com/writing/essay.html?id=86.
"(a) Whenever the commissioner believes from evidence satisfactory to the commissioner that any person has violated or is about to violate a provision of this division, or a provision of any order, license, decision, demand, requirement, or any regulation adopted pursuant to this division, the commissioner may, in the commissioner's discretion, bring an action, or the commissioner may request the Attorney General to bring an action in the name of the people of the State of California, against that person to enjoin that person from continuing that violation or doing any act in furtherance of the violation. Upon a proper showing, a permanent or preliminary injunction, restraining order, or writ of mandate shall be granted and other ancillary relief may be granted as appropriate."
So, all they would have needed was "evidence satisfactory to the commissioner" that you were "about to violate a provision of this division, or a provision of any order, license, decision, demand, requirement, or any regulation adopted pursuant to this division" in order to refer you to the U.S. Attorney. The California Attorney General wouldn't be involved in federal prosecution.
This section (formerly proposed Section 2155) is gone now because I threw a fit. No one else did. I find that depressing.
Well let's get our dystopias straight. That's precrime, not thoughtcrime. :)
Seriously though, I am not a lawyer - isn't that what injunctions are for? To get a judge (or in this case, the A-G) to put the brakes on something that might cause irreparable harms, in advance of a final ruling?