Showing posts with label Pardons. Show all posts
Showing posts with label Pardons. Show all posts

Thursday, January 08, 2009

Public Hypocrite #1: Sen.Arlen Spector Wants a Attorney General Who Can Say No To The President.


This is rich. Arlen Spector, Republican Senator from Pa. and former Chair of the Senate Judiciary Committee has announced that although Attorney General Nominee Eric Holder has excellent academic and professional credentials he is "concerned" that Holder may not be able to say no to the President.

IS HE KIDDING???? This is the man who as chairman of the Senate Judiciary Committee approved Alberto Gonzalez as AG. Now I understand that Holder told President Clinton he had "no problem" with Clinton pardoning Marc Rich, but Gonzalez not only had no problem with Rendition, and torture, he actually approved of them with written memos. He approved the firing of US Attorneys because they wouldn't do Karl Rove's bidding.

Hey Arlen, can you say "I am a Hypocrite??" Probably not, politicians are just not that honest.

Sunday, July 20, 2008

Around the Blawgosphere: The week of July 14 2008

Don't forget about 8:30PM tonight, I begin blogging once a week at Long Island (Criminal)Trial Law. Tonights topic: Voir Dire of the Prosecutions Expert.

Ok so what did I find interesting last week?

1.This article from CrimProf Blog about how Facebook can help prosecutors and defense attorney's destroy the character of young witnesses.

Word to the wise Attorney: do a screenshot of your client's Facebook/MySpace page and then have him take it down. Tell him not to let anyone take his picture and to be sure that no one "Tags" him. Then make sure he or a loved one monitors the page. Also be sure that you get him to "Friend" you.
BTW if you do not have a Facebook or MySpace page or know what they are... you need to adopt a high school kid.

2. Also from CrimProf blog: When in the Congo, don't do like the Congolese (or the Brazilians either) This one is one of the weirder ones. The US State Dept Hired a nudist (not just a nudist but a leader of the movement) made him a diplomat and then he went to the Congo and Brazil where he had sex with minors and had pictures of them on his laptop...Porno of course. His defense? This type of behavior is common and is acceptable in those countries...

By the way, check out the URL for the post on the CRIMPROF's blog... Poetic Justice??

3. Mike over at Crime and Federalism Blog takes NY Times columnist Adam Liptak to task for not having any idea about the true nature and effectiveness of the Exclusionary rule. Seems in Liptak's world we defense lawyers are winning these suppression motions so often that it is making the world an unsafe place. Title of the piece, Media Ignorance (of the Exclusionary Rule), sounds redundant to me.

4. If they were any good at science they Woulda been Doctors not Judges.

My friend and one of my favorite bloggers Lawrence Taylor blogs about how in a recent case, California appellate judges permitted a Driver to be found drunk even though the defense was stopped by the judge from showing that the science behind the machine was faulty. See his post in DUI BLOG. The law trumps the state of accurate science...

5. Another Fave of mine Doug Berman over at Sentencing Law and Policy Blog is wondering here if President Bush will grant more pardon's at the end of his term

My short answer? Don't hold your breath.

That is it for now. Hope you are having a nice summer.
TLD.

Friday, April 18, 2008

To Err is Human, To Forgive Is Divine, To Forget Is Wrong

Bernardine Dohrn,William Ayers. I remember those names. I don't know why. Bernardine was the face and leader of the Students for a Democratic Society(SDS)splinter group the "Weather Underground." Ayers was one of it's founders.

The "Weathermen" as they were called were militant and violent. Although their bombs killed no one but themselves, that was due only to their incompetence. They were meant to kill others, many others, innocent others. They eschewed the non violent protests that were so powerful in the 1960's and turned to bombing people and things. They were despicable. That they thought their views were so right and so justified, is just the hubris of their privilege. For all their protests and their call for violent overthrow of our government they were, in fact, cowards. When their hideout was blown up (they screwed up in building a bomb and it detonated and destroyed the hideout and killed three of the members including Ayers lover Diane Oughten), they ran "underground." Many of them lived phony lives for many years. In those years they married one another and slowly found ways to fit in. They still held many of their views, but they had found different ways to express them. They were for all intents and purposes "rehabilitated," in the most loosely defined way. To my knowledge both still think their actions in being involved with trying to kill others was justified because they wanted to kill a few conservatives to save the lives of the thousands who were being killed overseas (Vietnam.)

The reason their names come up today, is that it turns out Ayers and Dorhn are neighbors, and in some instances colleagues and even advisers to Barack Obama. Hillary Clinton, has suggested that Obama's relation with these people is at the very least poor judgment. His acceptance of campaign money from them a major sin. I think it is no worse than her husband's decision to accept money from Mark Rich's wife and then granting the SOB a pardon.

I am writing here today though because the lesson of this is important to both me as an individual, and a lawyer, and my message to others as to how and what we offer to those who have created great havoc in our society and what we do with them after they are "rehabilitated."

Dorhn and Ayers are now "educators." Both are tenured Professors. Dorhn is a lawyer by training and a Professor of Law at Northwestern Univ School of Law. She has been denied the privilege of becoming an attorney at the bar. She cannot practice Law. I am told by others she has done a wonderful job in teaching others how to best protect children and families. I am also told she is no longer a threat and is really a good suburban mom who fits into the fabric of her tony community. I am glad that she has found a way to contribute, I am just as glad she is not allow to practice law, even though it probably a loss to the profession in some ways if her colleagues are to be believed.

Now I can see many of my friends shaking their heads and wondering why I am being so "vindictive" toward a rehabilitated person. I even asked that of myself. I mean after all, I am in favor of not holding someone's past against them in employment opportunities and in living situations. On the other hand, I am completely comfortable with Dorhn never getting to practice law. It appears on its face to be a hypocrisy. It is not, although until I thought it through for this blog I thought it might be.

You see, at first I thought my view was borne out by the fact that I found the Weathermen completely detestable as a youngster. (Oh yeah Barack I was only 10 when they blew themselves up. I still remember them.) As a teenager at Tufts their were still remnants of the SDS chapter at the college trying to avoid ever entering the "real" world of employment or finishing Master or Phd's on the 20 year plan.

In reality, while I find everything they did a juvenile response to political questions which explains why the "establishment" did not take their views seriously, I do not think them any worse than any other criminal. Except for Dorhn...

You see she was a lawyer already when she started the Weathermen. She wrote their manifesto. She was their face and spokesperson. She was older. In her late 20's. She was from a prominent family and had opportunities denied most criminals. Nonetheless she completely ignored the realities of what she was advocating. She forgot that the bombs her group was throwing into the homes of Judges and into the Pentagon, would kill people. The last bomb, the one that killed three of her cohorts on March 6 1969 was meant to be detonated in a crowded room filled with servicemen and their dates at an NCO Dance at Fort Dix. Many of those guys did not want to be in the service. They were draftees. Many were against the war they were going to fight in. They signed up anyway, because they understood that you didn't fight injustice by being unjust.

After Dohrn came out of hiding, she plead guilty to her crimes and then refused to testify against one of her colleagues in crime. Not being a snitch is one thing, repudiating a life is another. Finally she refused to supply a handwriting sample to the FBI for comparison. This is not in keeping with the concepts that I have of being rehabilitated. This appears to be further defiance of government.

Now I am not one to quibble with a lack of respect for authority. I think it is our responsibility to question Authority. I believe that a healthy distrust (if not disrespect) of government is not only in the American spirit, but is also a very good thing. I do agree with Ronald Reagan, one of the biggest lies ever told is "I'm from the government I'm here to help." Nevertheless, the Constitution and the law, especially in 1969 provided ample ways to do the things Dohrn and her cronies wanted to achieve without their petulance violence or avarice. That she could be an attorney and still argue that the ends justified the means bewilders me and makes me wonder about her judgment. That she is of the same opinion still makes me sure she should not be allowed to practice law now.

So how do we deal with someone who has been a felon in the past but has served their time? Well I guess young people do make errors. Sometimes those errors are horrendous. I believe that we need to mete out punishments that fit both the severity of the behavior and which provide an opportunity to correct the behavior in the future. When that has occurred I believe we do forgive. We do not ostracize, we do not shame, we do not deny rights to those that have paid their penalty. On the other hand, we do not forget that there was once a severe lack of judgment on their part. We stand watch over them and the things they do a little more. We also test to see if the rehabilitation has become full, partial or not at all apparent. We act accordingly. In the case of Bernardine Dohrn, based on what I have read and been told, her rehabilitation is partial. As long as she truly believes what she did and what she advocated was justified, I give her all of her rights, including the one to have any opinion she wants. I just wouldn't feel comfortable granting her the privilege to practice law.

Does that make sense, or does it make me a hypocrite?


Hattip: The ABA LAW JOURNAL NEWS NOW

Friday, March 28, 2008

Yeager Is Allowed to See His Daughter : Half a Loaf is Better Than None I Guess

Well, I guess the pressure worked...to a point. I am told that Yacie Yaeger got to see her father one last time for a half hour yesterday. He was briefly given a visit...a half hour to visit with her. Seems that the Warden was deluged with calls.

As for me, I'm sorry, but really is it so hard to be compassionate? Furlough the guy so he can stay at the bed round the clock. Let him come back when she is buried. If she somehow goes into remission then send him back. It is a federal prison camp, he is a low level drug addict who has a good prison record and is due for a halfway house near the family in less than 5 months. While he is out, he can wear an ankle bracelet he can go to and from home to the hospital.

This is not a big deal to the criminal justice system other than the black eye it takes for looking petty. Why do the people in BOP have to be so hard hearted that it makes average Americans wonder how they got to be wardens???

This has been the problem with Bush and his concept of Compassionate Conservatism. He is rarely compassionate, and when he is, it always seems like he can't make the commitment. He gives us a half of a loaf. Just once I would like to feel like they gave away the store.

Monday, March 24, 2008

Time to Let Her Daddy Come Home: Dying Child's Last Wish Is To See Her Imprisoned Father Before She Dies

There is a child dying in Lincoln Nebraska tonight. She is a very brave child. Her father was a very stupid man. You see, little Jayci Yaeger's father Jason, possessed and sold Crystal Meth. As a result he got a five year sentence in federal court. He would be going to a half way house in August 2008. Jayci doesn't have until August. She may not have until April. She has cancer, and she is dying. She and her family have asked that her dad be furloughed until she has passed away. This means he goes to the half way house now. He visits with her, holds her hand, helps her to be brave, walks with her into the valley of death. He does the job he should be doing. Then, after she passes to the place where angels go, he returns to jail, to figure out how he could have let drugs destroy the little time he had left with his daughter.

Unfortunately the compassionate furlough was denied by the Warden of the Federal Prison in Yankton SD. Why? We aren't provided with a reason. It appears that the Warden doesn't think the request is sufficient to warrant an extraordinary circumstance!!!! Oh yeah, FPC Yankton is a MINIMUM SECURITY PRISON. In other words, if Jason Yaeger was a real bad ass he wouldn't be there. THERE IS NO REASON IN THE WORLD NOT TO LET THIS LITTLE DYING GIRL GET HER LAST WISH.

Yeah, I guess kids die everyday. I guess not all kids have their father with them when they go. I guess that the fact that this guy didn't do anything violent and would be able to go to the hospital (or now I guess the grave site) in August doesn't constitute enough of a reason for a hard-boiled law enforcement agent like Warden J.D. Whitehead to let him out now. No this is not extraordinary. And I thought Lawyers were the only LIVING HEART DONORS!!!!

Now if you are reading this, and you have a half of a beating heart, you can help.

Here is how:

Call your Congressman and Senator. Have everyone in the Family call them and ask your friends and Neighbors to do it too. If you need numbers, look here and here.

Then put a call into the White House. Leave a message for that ole compassionate conservative George W. "I pardoned Scooter, I can give Yeager clemency" Bush to use his muscle and finally keep a promise to the rest of us who are not on Dick Cheney's staff and show us he really has some compassion. If you can, leave a message for Laura Bush too. Maybe she can get his attention.

Then, Contact the Justice (or as I like to call them the "JustUs") Department and leave a message for US Attorney General Mukasky 202-353-1555. You see, the Bureau of Prisons is a Division of the Justice Department. Mukasky could Order Whitehead to do whatever he wants. He is the man in charge. I remember him on the Bench. He ordered people to do stuff all the time. He is good at it. Let him know what you think. After all he works for you. You pay him.

Don't forget about Warden JD.Whitehead, be polite... reach him at Phone: 605-665-3262 Fax: 605-668-1113 if they haven't changed the number yet.

Now go here to sign a on line petition.

Finally, tell everyone you know to do the same thing, then go and say a prayer for little Jayci, with or without her dad, she needs those prayers.

Hattip to Doug Berman at Sentencing law and Policy blog

Updated at 2:19AM to fix a broken link for the on-line petition.

Thursday, July 05, 2007

President Bush Finally Figures Out a Way to Use the Constitution Rather Than Go Around It.

I have been reading the stories about the Republican Right and the push for a pardon of I. Scooter Libby. In fact, I have no problem with Libby getting a sentence commutation or for that fact even a Presidential pardon. Just as I had no problem with Clinton pardoning his brother or Mark Rich. It is in the prerogative of the executive. In fact it is one of the few things Bush has done where he hasn't overstepped his bounds.

People need to get a grip. I have heard how he is ignoring the advice of his Justice Dept. Hell, ever since Ashcroft and Gonzales came to town no body else pays it any mind, why should Bush. Besides, what makes anybody think that this Justice Dept. couldn't find a way to agree with the decision if the President told them too.

I think a Presidential pardon, any Presidential pardon, is a good thing. Now you may say that is because I am a criminal defense attorney. You would be wrong however. It is because that being a Constitutionalist, I believe that the Presidential pardon is a check on the judiciary that a President should use anytime he feels it represents his vision of law enforcement. One has to remember that the President is the spokesman for the majority of the people who vote in this land. He is their voice. The court is a check on the majority making sure the majority does not over run a minority and hurt it.

Now it is an important difference. The Constitution allows the Executive to pardon people, but not to enslave them. It cannot use its power to ruin but to free. Even if he were to allow murders or terrorists to be pardoned, he would be doing so as the voice of the majority of the voters, those people who voted for him. As a practical matter that will not happen, but that it could means that the public has a way to overrule the court. It keeps America from becoming a slave to the courts.

Assume for a moment a wave of anti-Christians take over the power of the executive and legislative branches. Assume further that they then persecute the leaders of Christianity. Christians can revolt or they can go to the polls and vote them out in an orderly fashion. Thereafter, a new President can go back and right the wrongs as he sees fit, and as his supporters see fit. Pardons are a pretty good check, the problem with Libby is that he represents things that others find aborhent.

Imagine the outbreak of support by the Neo-Con right and Jewish Americans if Jonathan Pollard were to be pardoned. Imagine how those same people would have felt if Clinton had pardoned Susan McDougal.

Pardons are the one thing a President does not need approval to do. He has the Constitutional right to do as he pleases and we as a people give him that right in the hopes he wields it the way a majority of us would have. SO pardon and commute away Mr. President. Maybe some of your Judicial appointees will see this as what you mean as compassionate conservatism. Maybe they will understand that the Guidelines are not always presumptively reasonable, just like you did for your pal Scooter, and they will start finding more Booker/FanFan reasons to let others have a chance. Who knows, maybe we will start using jail less as a deterrent and less as a punishment and more just to keep society safe, while sending the rest to programs and sentences that will rehabilitate and keep people working and supporting their families instead of going to prison where they will surely negatively affect their children's ability to stop the cycle of crime.

Wednesday, December 27, 2006

President Gerald Ford, Dead At 93 Years Of Age

AP announces that President Gerald R. Ford, America's only unelected President died earlier tonight. He was 93. Ford a Michigan Republican was always a solid leader who tried to heal a wounded nation after its long battle with Watergate and the Vietnam War. Ford had been Speaker of the House of representatives before then President Richard Nixon tapped him to be Vice President after Spiro T. Agnew resigned in disgrace from office. Nixon soon followed and Ford again stepped up and assumed the presidency. It was the first time an unelected man was to assume the nation's highest office.

Ford immediately set out to heal the nation's wounds. The world had become polarized and Watergate as much as anything led to the nation's distrust of its leaders. Ford, in an attempt to put Watergate behind us, Pardoned Former President Nixon 30 days after assuming office which led many to believe the pardon was a Nixon Quid Pro Quo for stepping down. Ford in a rare presidential appearance before a House of representatives committee, denied that a deal had been struck and the investigation was closed.

Ford, who had a penchant for pratt falling became the subject of Chevy Chase a comedian then of Saturday Night fame, mimicking. It hurt him badly in the election of 1976 against President Jimmy Carter. Between his becoming a joke and the pardon of Nixon Ford lost an election that was closer than it should have been to Jimmy Carter.

Ford never second guessed his decision to pardon Nixon, he saw it as the only way the country could move on. The move was widely questioned at the time, but History has proven Ford did the right thing. In 2000, the Kennedy Library gave a Profile in Courage to Gerald Ford based in large part on his decision to Pardon Nixon so that the country could heal, knowing that when he granted the pardon he was badly hurting his chances to be re-elected to his own term in office.
Rest in Peace Mr. President.