In response to this post, we get a comment:
Only on remand did the Sheriff's Department raise the statute's requirement of an auditor's certification. So the landlord was hoist by its own petard.
Fascinating. There are two responses. First, this happens all the time. Lawyers get cute ideas, employ them to get out of small messes, and create much bigger messes in the process. Exhibit A would be Vice President Cheney’s contention that he’s not a member of the executive branch. Cute. But when David Addington came up with it, did he realize that Larry King would ask his boss about it on national television?*
*Aside: maybe he did and he didn't he care. This administration has really changed how we’re all going to think about political courage. There’s a difference, after all, between taking an unpopular and unbending stand in support of a demonstratively failed policy and taking an unpopular and unbending stand in support of a policy that history ultimately proves right. Cheney, Addington et al. still, admittedly, have a chance of being absolved by history. But it’s a very slim chance.