Sensenbrenner plays defense on letter

Milwaukee Journal-Sentinel ^ | 0713/05 | GINA BARTON

[drjimmy]

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

You, and some of the others supporting what Sensenbrenner did, need to go back and read the article. Sensenbrenner was complaining about an appeals court decision on the original sentencing. In response, the appeals court pointed out to him that the legal basis for his argument that the appeals court could change the original sentencing decision was outdated. Because the prosecutor in the case failed to appeal the sentencing, the appeals court cannot nullify the sentence. That would have made it an "activist" court! Here's the relevant part of the story:
"On June 16, the appeals court ruled that while Rivera should have received 10 years, it was powerless to change the sentence, because the government had not taken a cross-appeal."

[ninenot]

The judge has all KINDS of discretion--the 10 years' is the MINIMUM. He/she/it could have gone much further, at his discretion.

[ninenot]

So the real dipwad/usurper in this case is the original trial judge....

So what? There is such a thing as "warning shots"--in this case, Sensen wrote to the 7th Circuit, knowing full well that the trial judge would see the letter, too.

Same as writing to the AG. It's up to him to remind his prosecutors about their job.

[drjimmy]

So the real dipwad/usurper in this case is the original trial judge.... So what? There is such a thing as "warning shots"--in this case, Sensen wrote to the 7th Circuit, knowing full well that the trial judge would see the letter, too. Same as writing to the AG. It's up to him to remind his prosecutors about their job.

So instead of writing directly to the original judge or to the Attorney General--the two areas where the actual faul lies--Sensenbrenner wrote to the court that actually ruled accordingly to law. Yeah, that makes sense.

[ninenot]

Yeah, that makes sense.

Read my post again.

Sensen wrote to the 7th Circuit (superior to the trial turkey) and the AG (superior to the Chicago Federal Attorney.)

Consistent, and a warning shot.

[freepatriot32]

Libertarian ping.To be added or removed from my ping list freepmail me or post a message here

[LibertarianInExile]

Three problems here:

1) I don't see what's unethical about anyone writing a letter to a judge if the judgement's been made already. Did we lose our right to speak negatively to the robed wonders when I wasn't looking?

2) The f'ups aren't the judges. The f'ups are the lawyers who didn't file that cross-appeal properly and let the sentence go through without complaining at the proper time. That said, the judges could probably have cocked up some workaround like they do every day in an effort to do good instead of doing what the law says.

3) The judges COULD have done that. Sensenbrenner WANTED them to do that. They didn't--judges should do what the law says, and to complain they should do otherwise is not a strict constructionist's point of view.

[BOBWADE]

I am all for it if Durbin is against it!

[BOBWADE]

I still believe minimun sentencing requirements are effective and fair. Idiot judges that refuse to follow the law need to be removed.

[BOBWADE]

minimum that is

[zip]

judges should also understand that a law is a law.

Point well stated.

[zip]

I am all for it if Durbin is against it!

I feel the same way about the anti American ACLU. I've agreed with their position less than 1 percent of the time.

[zip]

Idiot judges that refuse to follow the law need to be removed.

I'd take it one step beyond that, their action is illegal so I think charges could/should be brought.