UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

Criminal No. 84-385
(Judge Oberdorfer)

UNITED STATES OF AMERICA

v.

ELLEN B. THOMAS :

OPPOSITION TO DEFENDANT'S MOTION FOR ARREST OF JUDGMENT

The United States of America, by and through its attorney, the United States Attorney for the District of Columbia relies on the following points and authorities in opposition to the defendant's motion for arrest of judgment.

The defendant argues for an order in arrest of judgment in this case because she feels that the regulation which forms the basis of her conviction violates the Constitution as being the result of an unconstitutional delegation of authority by Congress to the Executive and a due process violation. Both of these arguments were addressed and rejected by this court in relation to similar regulations in United States v. (William) Thomas, Criminal No. 83-243 (D.D.C. Dec. 22, 1983) at page 6. The Court said:

With respect to defendants' other grounds for their motion to dismiss, their claim of unconstitutional delegation was disposed of by the Supreme Court in United States v. Grimaud, 220 U.S. 506 (1911); see also United States v. Brown, 552 F.2d 817, 823 n.8 (8th Cir.), cert. denied, 431 U.S. 949(1977). Defendants also claim that exercise by the executive branch of power to define by regulation conduct near the White House made punishable by 16 U.S.C. 3 violates due process. These regulations and others like them have been in place for many years, governing conduct in National Parks in a detail that Congress could address only with great difficulty. The due process challenge to them is merely a variation of the delegation point and governed by the same authorities.

Thus, we submit, the defendant's motion must be denied.

Respectfully submitted,

JOSEPH E. DIGENOVA

UNITED STATES ATTORNEY

By: /s/Douglas J. Dehr

Douglas J. Dehr

Assistant United States Attorney

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a copy of the foregoing motion has been served by mail with postage prepaid upon counsel for the defendant, Stephen Milliken, Esquire, 511 E Street, N.W., Washington, D.C. 20001, this 4th day of January, 1985.

/s/Douglas J. Bher
Douglas J. Behr
Assistant United States Attorney

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