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📧 Communication
StatementCommunication Details
From
Senator Leahy
Linked to Senator Leahy
To
N/A
N/A
Date
April 10, 2003
Subject
Concerns regarding PROTECT Act retroactivity
Message Content
Senator Leahy expressed concerns in a committee report that the proposed retroactivity provision was 'of doubtful constitutionality' because it 'would have revived the government's authority to prosecute crimes that were previously time-barred.'
📄 Source Document
DOJ-OGR-00000132.tif
DOJ Collection
Document Summary
This document discusses the legislative history and intent behind the PROTECT Act's retroactivity provisions, emphasizing that Congress removed an express retroactivity clause due to constitutional concerns. It cites a Supreme Court case (Stogner v. California) and Senator Leahy's statements to argue that the Act applies to past conduct, like Maxwell's, where the statute of limitations had not yet expired, without violating the Ex Post Facto Clause.
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