¶1concurring.
¶2I join in my colleague’s opinion. I agree that the violation of the BOP regulation, which prohibits the encouragement of a group demonstration, is not before us because it was expunged by the disciplinary hearing officer. I also agree that the BOP has failed to cite to any specific statute that would identify the criminal activity aspect of the remaining charge against Walden.
¶3It could be that the defendant’s encouragement of his wife and others to go to the warden’s home, knock on his door, and protest may raise other potential criminal charges, but it is not our duty to speculate about other potential charges; rather it is the BOP’s duty to raise them. BOP has failed to do so.