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Sensenbrenner plays defense on letter
Milwaukee Journal-Sentinel ^ | 0713/05 | GINA BARTON

Posted on 07/13/2005 7:06:50 AM PDT by ninenot

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Note that our MSM reporter-ette could not find ONE individual who supports Sensenbrenner's principled and needed intervention.

The BlackRobe JackBoots seriously resent being reminded that they, too, are subject to authority.

1 posted on 07/13/2005 7:06:53 AM PDT by ninenot
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To: ninenot

Actually, Sensenbrenner is the JackBoot here.


We appoint Judges to JUDGE, and mandatory minimums are a ridiculous exercise of power grabbing. The Judge is the one trusted to decided the Facts of the case, and the circumstances of each decision.

Get Tough On Crime Rejects in the Congress deciding those issues from outside the courtroom are doing so to avoid tackling the real issues that might cause controversy.


2 posted on 07/13/2005 7:11:29 AM PDT by hobbes1 (Hobbes1TheOmniscient® "I know everything so you dont have to...." ;)
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To: hobbes1
We appoint Judges to JUDGE, and mandatory minimums are a ridiculous exercise of power grabbing.

Irregardless of the wisdom or lack there of, of mandatory minimums, the judge should follow the law. If the law is ten years then the sentence should be ten years.

This is just another, albeit small, example of judges violating the law with no consequence.

3 posted on 07/13/2005 7:17:20 AM PDT by NeoCaveman (we should not hesitate to resolve the tension in favor of the Constitution's original meaning-Thomas)
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To: dubyaismypresident

In response, the court amended its opinion to refute Sensenbrenner's legal arguments, pointing out that a case mentioned in his letter has since been nullified by more recent rulings....


4 posted on 07/13/2005 7:26:54 AM PDT by hobbes1 (Hobbes1TheOmniscient® "I know everything so you dont have to...." ;)
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To: ninenot

""This is getting to be a serious and disturbing pattern," said Joe Shoemaker, spokesman for Sen. Dick Durbin (D-Ill.). "It's in effect saying to the judiciary, 'Be careful how you rule, because we're going to be watching you every minute of every day.'"

A classic socialist response to justice from a man who represents an enemy to freedom and to all Americans everywhere.

"The whole point of judges appointed for life is to free them from threats of retribution." i.e. - free them from any accountability to the people they are to serve and protect.

"Of all tyrannies, a tyranny exercised for the good of its victims may be the most oppressive. It may be better to live under robber barons than under omnipotent moral busybodies. The robber baron's cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end, for they do so with the approval of their own conscience." -- C.S. Lewis




5 posted on 07/13/2005 7:29:02 AM PDT by FearNoMan
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To: hobbes1
pointing out that a case mentioned in his letter has since been nullified by more recent rulings....

Court rulings. I sometimes wonder why we have a legislature at all, since judges are content to make and nullify laws through their rulings. At this point having a Legislature seems redundant.

6 posted on 07/13/2005 7:30:14 AM PDT by NeoCaveman (we should not hesitate to resolve the tension in favor of the Constitution's original meaning-Thomas)
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To: dubyaismypresident

That depends on the rulings. However, a member of Congress getting exorcised over a small sentencing disparity and then commenting on it without taking the time to have one of his staff look into it....Is not good.

HE's got other work to do.


7 posted on 07/13/2005 7:31:38 AM PDT by hobbes1 (Hobbes1TheOmniscient® "I know everything so you dont have to...." ;)
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To: hobbes1

The Court's re-write of its opinion was not shared with the MSM--or it was lost somewhere in the process.

Irrelevant.

The LAW says X. The COURT says Y. And its avid lawyer-defenders, who seek to enjoy High Priest and Final Arbiter rank rush to defend the Privileges of the Self-Appointed Almighties.

Screw them.


8 posted on 07/13/2005 7:32:52 AM PDT by ninenot (Minister of Membership, Tomas Torquemada Gentlemen's Club)
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To: hobbes1

I'd agree that it looks bad, with one caveat: if this drug dealer is in Sensenbrenner's own congressional district, then the congressman is just working for his people.


9 posted on 07/13/2005 7:35:30 AM PDT by NeoCaveman (we should not hesitate to resolve the tension in favor of the Constitution's original meaning-Thomas)
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To: hobbes1
***The Judge is the one trusted to decided the Facts of the case, and the circumstances of each decision.***

Uh, not quite.
Juries are the "triers of facts", not the judge. His-her role is to rule on the law, after a jury has decided on the facts - which in this case the law was utterly and completely ignored.

And if this isn't a text book example of 'judicial activism' I don't know what is. A Federal Judge doesn't like a Federal Law passed by Congress so he ignores it.

10 posted on 07/13/2005 7:37:20 AM PDT by Condor51 (Leftists are moral and intellectual parasites - Standing Wolf)
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To: ninenot

"Power is the great evil with which we are contending. We have divided power between three branches of government and erected checks and balances to prevent abuse of power. However, where is the check on the power of the judiciary? If we fail to check the power of the judiciary, I predict that we will eventually live under judicial tyranny."

You are correct in your assessment...


11 posted on 07/13/2005 7:42:46 AM PDT by FearNoMan
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To: hobbes1; Mrs Zip; BOBWADE
We appoint Judges to JUDGE, and mandatory minimums are a ridiculous exercise of power grabbing

You ignored the point of his letter. The judge had a LEGAL obligation to impose the 10 year minimum. The law is very clear. It's no different than the judge deciding to rob a bank, it's against the law. That is the point. All of that being said, I agree that "minimum sentencing" requirements ignore the vast differences of each case and the judge should have a little leeway in sentencing.

12 posted on 07/13/2005 7:42:58 AM PDT by zip (Remember: DimocRat lies told often enough became truth to 48% of Americans (NRA))))
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To: ninenot

Tempest in a teapot. F. James Sensenbrenner Jr. is a great conservative and congressman, we could use about 100 more like him.


13 posted on 07/13/2005 7:44:11 AM PDT by RicocheT
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To: hobbes1

HE's got other work to do.

Sensenbrenner needs to change his last name. He keeps reminding me of some baseball owner, can't think of his name....:)


14 posted on 07/13/2005 7:45:52 AM PDT by moog
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To: hobbes1

Even those who agree that federal minimum sentences is a usurpation of the proper role of judges should also understand that a law is a law. If the judges want to rule the guidelines unconstitutional, that is an approach they could take.

But simply ignoring the law is not something a judge is empowered to do. And a member of congress, responsible for passing the laws which govern our country, has every right to send letters to people who ignore the law.

That said, I think the appropriate action, if this was because of his position in a committee, would be to get a vote in committee to send the note.

If he was sending it simply because he was the congressman of the district where the judge resides, that would be fine but he shouldn't say it's because he's the chairman of the committee without having the committee backing.


15 posted on 07/13/2005 7:47:37 AM PDT by CharlesWayneCT
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To: freepatriot32

Sensenbrenner ping!


16 posted on 07/13/2005 7:47:54 AM PDT by BJClinton (The bubble of housing bubble threads is about to pop!)
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To: Condor51

Ummm Context is Key.


Juries for the most part dont have a hand in sentencing. Facts, and Circumstances are what a JUDGE is supposed to consider.

Also, Just to go a little further...since we are being overly anal.

The defendant could have waived a Jury trial.


17 posted on 07/13/2005 7:48:13 AM PDT by hobbes1 (Hobbes1TheOmniscient® "I know everything so you dont have to...." ;)
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To: dubyaismypresident
***if this drug dealer is in Sensenbrenner's own congressional district,****

No, this drug ring was in Chicago. It was run by a Chicago Cop (a Captain IIRC) who is now doing life - and rightfully so.

And there were 'no babes in the woods' involved in this drug ring. They were all gang bangers, career criminals and outright killers. This canard in the article about this guy and it being his first arrest is Bull... It just means this is the first time he was caught.

And having this judge arbitrarily and ILLEGALLY take 20% off the prison time is ... disgusting.

18 posted on 07/13/2005 7:48:15 AM PDT by Condor51 (Leftists are moral and intellectual parasites - Standing Wolf)
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To: CharlesWayneCT

Actually Nullification (be it by a Jury, a Judge, or an enforcement official), while unspoken of in society is one of the more effective ways to combat an overreaching Legislature.


19 posted on 07/13/2005 7:51:12 AM PDT by hobbes1 (Hobbes1TheOmniscient® "I know everything so you dont have to...." ;)
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To: ninenot
"If the outcomes appear affected, people could lose confidence in the independence of the judiciary"

Umm....too late!

20 posted on 07/13/2005 7:51:16 AM PDT by Niteranger68 ("Spare the rod, spoil the liberal.")
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