Latest Case This Week: In re: Boland (6th Cir.)

Senate Secrecy: Can the Votes of Senators on President Trump’s Impeachment be Withheld from the Voting Public?

VIKRAM DAVID AMAR, JASON MAZZONE

Illinois law dean Vikram David Amar and professor Jason Mazzone evaluate the suggestion made by some that the votes of senators on President Trump’s impeachment can and should be private. Amar and Mazzone argue that while the text of the Constitution alone does not foreclose secrecy, structural, prudential, and logistical considerations strongly disfavor a secret vote on the matter.

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In re: Boland

Court: US Court of Appeals for the Sixth Circuit

Dockets: 19-3211, 19-3205

Opinion Date: January 3, 2020

Judge: McKEAGUE

Areas of Law: Bankruptcy, Criminal Law

Attorney Boland was a technology expert for defendants charged with possessing child pornography. Boland started with innocuous online stock photographs of young girls (Doe and Roe) and manipulated the photographs on his computer to create images of the girls engaged in sex acts, to support arguments that it was possible the pornography his clients downloaded was also doctored. An Oklahoma federal prosecutor claimed that the exhibits were actionable. The judge told Boland to delete the images. Boland instead shipped his computer to Ohio and continued using the exhibits in court although 18 U.S.C. 2256(8)(C) defines “child pornography” as any image which is morphed to make it appear that a real minor is engaging in sexually explicit conduct. Ohio federal prosecutors offered Boland pre-trial diversion in lieu of prosecution; Boland admitted he violated federal law. Federal prosecutors identified the girls and told their parents what Boland had done. They sued Boland under 18 U.S.C. 2255, which provides minimum damages of $150,000 to child pornography victims. They won a combined $300,000 judgment. Boland filed for Chapter 7 bankruptcy. The Sixth Circuit reversed the discharge of the debt, citing 11 U.S.C. 523(a)(6). The debt arose from “willful and malicious injury by the debtor.” The court rejected Boland’s “implausible pleas of ignorance.” The act itself is the injury. Doe and Roe had to prove only that Boland knew he was dealing with child pornography and knew the girls' images depicted real minors.