UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA :
v.
ELLEN B. THOMAS :
MOTION IN ARREST OF JUDGMENT
Defendant Ellen Thomas, by counsel and pursuant to Rule 34 of the Federal Rules of Criminal Procedure, respectfully requests that this Honorable Court issue an order in Arrest of Judgment on the grounds that the regulations under which she has been charged, 36 C.F.R., Sections 50.10(a) and (c) violate the First and Fifth Amendments, constitute an unconstitutional delegation of power, violate the principle of Separation of Powers and Due Process and contravene the Bicameral and Presentment Clauses of the United States Constitution. U.S. Const. Art. I, Sec. 7, c1. 2, 3.
For the reasons set forth in the accompanying memorandum, it is respectfully submitted that judgment may not be upon the verdict for the constitutional infirmity of the information.
Respectfully submitted,
/s/Stephen G. Milliken
STEPHEN G. MILLIKEN
Milliken & Van Susteren, P.C.
511 E Street, N.W.
Washington, D.C. 20001
(202) 393-7676
CERTIFICATE OF SERVICE
I hereby certify that a true copy of the foregoing was mailed, postage prepaid, to Douglas Behr, Assistant U.S. Attorney, U.S. Courthouse, 3rd & Constitution Ave., N.W., Washington, D.C. 20001, this 21st day of December, 1984.
/s/Stephen G. Milliken
STEPHEN G. MILLIKEN
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