This week’s acquittal of Roger Clemens in a federal perjury case followed the mistrial in the federal case against John Edwards, the former presidential candidate accused of campaign-finance misdeeds related to a mistress. Why couldn’t the Justice Department make either case? “Jurors could be sending a message to Washington they don’t like the awesome firepower of the Justice Department brought to bear on borderline cases without an obvious victim,” suggested Forbes senior editor Daniel Fisher. He wrote: “The jurors in the Clemens case, as with Edwards before them, might be reacting to a core idea in constitutional law which is playing out in slightly different form in the Obamacare debate. What is the extent of federal power?”
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