Republicans' Phony Outrage at DEA Money Laundering

TalkLeft for Discussing The Law: TalkLeft's View On Law and Politics

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Saturday December 10, 2011 · 12:53 PM PST

2011/12/10 · 12:53

The height of Republican hypocrisy is the phony outrage of Congressman Darryl Issa at the DEA's money laundering stings, particularly in Mexico. These stings are as old as the hills and well-publicized. (Issa's absurd letter to AG Eric Holder is here.) Even Fox News says he's missed the beat on this one.

The Justice Department and the State Department acknowledged the laundering this week. The DEA issued this statement earlier this week confirming it.

Why wouldn't they? DEA, the IRS and Customs (now ICE) have been engaging in undercover laundering of proceeds for drug traffickers at least since Ronald Reagan was President. Republicans crowed about the stings then. [More...]

TalkLeft for Discussing The Law: TalkLeft's View On Law and Politics

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Tuesday September 13, 2011 · 11:55 AM PDT

2011/09/13 · 11:55

There have been 234 executions in Texas under Gov. Rick Perry (database here.) Four more are imminent, scheduled over the next 8 days. One is Duane Buck. At Buck's sentencing, prosecutors argued in part he should be sentenced to death because he is black and therefore a threat to public safety.

Duane Buck is one of four men scheduled to die by lethal injection in Texas, where Perry is governor, over the next eight days – an exceptional rate even in this execution-happy state. At Buck's sentencing hearing, the jury that set his punishment was informed by a psychologist that black people had a higher rate of violent behaviour, a statement used by the prosecution as its key argument against giving him an alternative penalty of life imprisonment.

[More...]

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Sunday July 17, 2011 · 11:24 PM PDT

2011/07/17 · 23:24

Here is the transcript of the final day of the Roger Clemens trial, which ended with a mistrial after the Government played a video and showed a transcript to the jury containing the very statements of Andrew Pettitte's wife Laura that only a week earlier, the Court had ruled inadmissible.

There was no snafu, no playing of the wrong tape, and no forgetting to edit or redact the redact the tape and transcript. The Government acted deliberately. [More...]

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Saturday March 19, 2011 · 9:20 PM PDT

2011/03/19 · 21:20

It's very hard to explain to clients (and the public) that when a federal defendant goes to trial, unless he is acquitted of every count, he risks being sentenced not just for the counts he was convicted of, but also for the counts on which the jury found him not guilty.

Sentencing for acquitted conduct is expressly authorized by the U.S. Sentencing Guidelines.

The absurdity of the policy is illustrated very well by a sentence handed down this week by a federal judge in the District of Columbia. Antwuan Ball was convicted on a single count of distributing 11 grams of crack cocaine for $600.00. He was acquitted of racketeering, conspiracy, and every other crime, including murder.

The judge held Ball accountable for the conduct the jury found he did not commit, and sentenced him to 18 years. The Government had asked for 40 years, even though had Ball taken a plea deal before trial, and pleaded guilty to counts he was later found innocent of, it would have asked for 25 years.

This is stuff straight out of Alice in Wonderland. As Ball's lawyer wrote in a sentencing memo (available on PACER): [More...]

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Monday February 28, 2011 · 4:34 PM PST

2011/02/28 · 16:34

In a split decision today, the Supreme Court has ruled a dying man's identification of his killer is admissible evidenceand does not violate the Sixth Amendment's Confrontation Clause. The opinion (available here) was written by Justice Sotomayor.

Covington’s identification and description of the shooter and the location of the shooting were not testimonial statements because they had a “primary purpose . . . to enable police assistance to meet an on-going emergency.”

Justices Ginsberg and Scalia were among the dissenters. Scalia's dissent is particularly harsh. He points out that the statement was not taken for safety in an emergency situation, but for investigation of a crime:

"Today's tale...is so transparently false that professing to believe it demeans this institution,"

[More...]

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OK Mother Gets 10 Years for Selling $31 of Pot

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Sunday February 20, 2011 · 12:17 PM PST

2011/02/20 · 12:17

Patricia Marilyn Spottedcrow and her mother sold $10.00 of marijuana to a police informant inside their home. Patricia's children were present at the time. When the informant paid her, she asked her 9 year old son for single dollar bills so she could make change. A few weeks later, the informant returned and bought $20.00 of pot.

Both women were first-time offenders. They were offered two years in prison and turned it down, pleading guilty without plea agreements. Patricia got ten years in prison, her mother got a suspended 30 year sentence, with five years of drug treatment. Both received fines in the thousands of dollars. Patricia was taken into custody immediately. She has effectively lost her four children and her husband. She was unemployed at the time but had previously been employed at a nursing home, as a certified nursing assistant and certified medical assistant, work she'll never get again when out of prison. At the time of the offense, the family had recently lost their home due to economic problems.

Here's what her life will be like in prison. Here's a photo of Patricia Marilyn Spottedcrow in prison. She won't be up for parole until 2014. [More....]

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Elected Officials in Denver For Homeless Medical Clinic Tour

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Thursday August 06, 2009 · 8:40 PM PDT

2009/08/06 · 20:40

I had no idea when I went down to the Stout St. Medical Clinic in Denver today to observe the health care event with House Speaker Nancy Pelosi and Colorado Reps. Diana DeGette and Jared Polis, that the event was not open to the public. Even though I wasn't on the official list, they gave me a pass and let me inside. I was able to maneuver my way up front and sandwich myself between three network guys with their huge videocams. All I had was my Flip video camera and my iPhone, but I managed to get most of what was said. The videos are below, and all are pretty short.

But, first, the scene outside: As expected, there were some loud protesters. I interviewed one, and asked him why he opposed President Obama's health care bill. Here's what the 16 year old from Lakewood, Colorado (who grew up in Wasilla, Alaska) told me:

There was also this very angry man:

TalkLeft

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Monday February 05, 2007 · 8:01 AM PST

2007/02/05 · 08:01

Mistaken eyewitness identification is the largest cause of wrongful convictions. New Mexico has a bill pending that would greatly reduce the chances of misidentification. A hearing is scheduled today on the bill.

Under the proposed regulations, an eyewitness must provide a written description before a lineup takes place; there must be at least six individuals in a live lineup and 10 photos in a photographic line-up; and the members of the lineup must be shown sequentially rather than simultaneously.

The bill would also restrict the amount of time in which law enforcement could bring a suspect by for a physical identification by a victim or witness to within one hour after the crime was reported. Anything beyond one hour would require a lineup with multiple photos or people....

Innocence Project co-director Barry Scheck explains in this letter (pdf) why the bill is so critical to justice.

The bill is Senate Bill 5. You can read the text here.

TalkLeft

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Monday February 06, 2006 · 12:01 PM PST

2006/02/06 · 12:01

Cross Posted at TalkLeft.

Denver's wildly popular Mayor, John Hickenlooper, named by Time Magazine as one of the five most influential mayors in the country, just held a news conference to announce his final decision on whether he will run for Governor. The answer is "no." He loves being Mayor and wants to complete the programs he has in the works.

I live-blogged the press conference over at 5280. Up until this morning, speculation was rampant that he was going to run. As late as yesterday, his supporters were giddy with excitement.

My take: Hick made the correct decision, and one that will increase his political capital by leaps and bounds. He demonstrated that he puts the welfare of the people who elected him above personal ambition. How rare is that? He positively glowed with positive energy during the announcement.

I think we'll be calling him Senator Hickenlooper in a few years. Read More

Sen. Ken Salazar to Vote for Roberts

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Sunday September 25, 2005 · 6:41 PM PDT

2005/09/25 · 18:41

Colorado's on-again, off-again Democratic Senator Ken Salazar spent the weekend at his ranch, where he says he makes all his important decisions, weighing his vote on Judge John Roberts. It's now official: He will vote to confirm Judge John Roberts as Chief Justice of the United States.

Salazar said he was confident Roberts would not reverse the progress of civil and women's rights, recognized the equal protection clause of the 14th Amendment of the Constitution and understood the importance of freedom of religion and religious pluralism.

....The Sen. said Roberts also told him that he recognized Roe vs. Wade and other abortion decisions as the law and precedent of the Supreme Court. "He respects the precedent of the Supreme Court, which to me says that he will not have an agenda on the bench to come in and undo those decisions," Salazar said. "I don't think he will vote to overturn Roe vs. Wade."

TalkLeft

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Tuesday September 13, 2005 · 9:23 PM PDT

2005/09/13 · 21:23

Former Judge Leslie Crocker Snyder has lost her bid to run for Manhattan District Attorney. Current Manhattan D.A. Robert Morganthau easily won in the New York Democratic primary.

Morgenthau, age 86 and in office since 1974, topped Snyder 59 percent to 41 percent with 99 percent of precincts reporting.

That's good. Judge Crocker Snyder, while experienced and smart, was a hanging judge when it came to sentencing and a proponent of the death penalty, once writing that as to a certain defendant, she'd have "needled him" herself.

Morganthau has been DA in New York forever, but he's a staunch opponent of the death penalty and his office runs smoothly. If the cart ain't broke...

Tom Tancredo Says He'll Run for President

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Friday July 01, 2005 · 9:24 PM PDT

2005/07/01 · 21:24

Rep. Tom Tancredo said Friday he will run for President in 2008 to get the nation focused on immigration.

"I'm not so naive to think I'd be a huge threat to the nominee," Tancredo said. "(But) I am in a position to be influential in the process."

Tancredo is off to Iowa next week and has visited New Hampshire and North and South Carolina. Who's paying for these trips? 9 News says the trips are being "coordinated" by Bay Buchanan, sister of Pat Buchanan. Is he serious about a presidential run? Read More

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Republicans' Phony Outrage at DEA Money Laundering

Texecutions: Rick Perry's Willful Blindness To Injustice

Roger Clemens: Transcript Shows Government Intentionally Played Prohibited Clip

Defendant Sentenced to 18 Years on 11 Gram Federal Crack Conviction

Supreme Court Takes A Bite out of Confrontation Clause

OK Mother Gets 10 Years for Selling $31 of Pot

Elected Officials in Denver For Homeless Medical Clinic Tour

Eyewitness ID Reform Bill on Track in New Mexico

Denver Mayor Nixes Bid for Governor

Sen. Ken Salazar to Vote for Roberts

Morganthau Easily Beats Crocker Snyder for Manhattan D.A.

Tom Tancredo Says He'll Run for President