Wednesday, December 12, 2018

First steps

Mitch McConnell will bring the First Step Act to a Senate vote.  I like the title because this bill doesn’t give a whole lot of relief, but it’s a nice first step in the right direction for criminal justice reform.  It will pass by a huge number.  From USA Today:

The measure would give judges more discretion in sentencing offenders for nonviolent crimes, particularly drug offenss, and bolster rehabilitation programs for former prisoners. It would also call for placing federal prisoners closer to home – no more than 500 miles – so families could visit more often.

Trump welcomed McConnell's announcement.

“Looks like it's going to be passing, hopefully – famous last words,'' Trump said at the White House. "It’s really something we're all very proud of. Tremendous support from Republicans and tremendous support from Democrats. Lot of years they've been waiting for it.”


Anonymous said...

DOM - question.

I read that Gen. Flynn claimed in his sentencing memo that the FBI "tricked" him into lying to them. Also that he was not warned that lying to FBI agents was a crime.

How do you think that would go over with our local judges?

Anonymous said...

McAbe called him on a secure line, discussed some unrelated matters, then asked that he take a visit with Peter Strzok and another agent while suggesting he not invite WH Counsel to participate, or else.

Agents were specifically instructed to use his own words to jog his memory, but not confront him if he didn't confirm the communications 'to maintain rapport' and keep him relaxed.

It's a textbook trap. He took the plea to protect something else.

Anonymous said...

But he lied, right? They trapped him into lying?

Anonymous said...

How about the "Never Gonna Happen Bill"
More accurate and more honest

Anonymous said...

Interesting logistical issue of placing inmates "no more than 500 miles" from home. It's a fantastic idea but I wonder, given this Administration, whether that will justify the use of additional private contract facilities in order to facilitate such a requirement. Maybe I'm just a cynic.

Anonymous said...

1:49 - They trapped him into saying he lied.

All he said was that he didn't remember the specifics of those contacts. And the 302's seemed to indicate "no apparent signs of deception".

Anonymous said...

So you answered the question 4:03. Most judges in this district would say, "We'll pick a jury on Monday." Sounds like the judge took a plea of guilty from an innocent man.

Anonymous said...


Nothing in the memo says anything about being tricked. Nada.

Learn to read amigo!!

Anonymous said...

Mccabe took proactive steps to encourage Flynn not to seek the advice of an attorney. Im not saying the feds need to go around begging people to lawyer up, but active steps to dissuade? I guess no one cares because, well, trump.

How do the feds justify letting mccabe off after they charge flynn? Mccabe the lawyer and head of fbi lies repeatedly, and walks scott free, while the war hero goes down after lying once after they successfully dissuade him from talking to an attorney?

I call BS.

Anonymous said...

Not so fast, says Judge Sullivan. The court issues a 'WTF" order for the gov't to surrender all 302s and McAbe memos by Friday.

There's a chance that the sentencing does not go through. One can only hope.

Anonymous said...

I wonder if he goes to trial whether he'll suffer the trial penalty. I mean lose the plea benefit.

Anonymous said...

Here's the SCO response:

Anonymous said...

In the memo filed Friday, the prosecutors said Flynn, given his extensive law enforcement experience, should have known better than to lie to federal investigators.

"A sitting National Security Advisor, former head of an intelligence agency, retired lieutenant general, and 33-year veteran of the armed forces knows he should not lie to federal agents," the memo says. "He does not need to be warned it is a crime to lie to federal agents to know the importance of telling them the truth."

The 11th Cir seems to disagree, at least when it comes to protecting rogue prosecutors like in 'Shaygan'. Due process only for the ones running the show?

Anonymous said...

Dershowitz later clarified his position on Twitter Monday afternoon. "Lying to the FBI is only a crime if the lie was 'material.' If the FBI already knew the answer to the question—if they have tapes—and ask it only to elicit a lie, should that lie be deemed material?"