Skip to comments.Loughner's Attorneys Seek to Halt Forced Medications [AZ Shooter Jared Loughner]
Posted on 06/28/2011 12:56:02 AM PDT by Cincinatus' Wife
Attorneys for Jared Loughner, accused shooter of Rep. Gabrielle Giffords and 18 others, have filed an emergency motion to block federal authorities from forcibly medicating their client with anti-psychotic drugs.
The motion, filed Friday in Tucson, Ariz., federal court, argues that the Justice Department is making "an end run" around Mr. Loughner's right to contest such treatment by misusing the rules governing administering such drugs.
According to the Friday court filing, federal officials took this second route by declaring the defendant a danger to others. This claim only came after Mr. Loughner refused to be medicated in an attempt to restore him to competency, the filing said.
The government's dangerousness claim came from Mr. Loughner having twice thrown a plastic chair within his cell, where he is held alone, and once spit on his attorneys, during his nearly six months of incarceration, the defense filing said. The chair incidents were so minor prison officials "saw no need to even write up a report" on them, the filing said.
Earlier this month, the government held an administrative hearing at the Missouri prison, the filing said. Mr. Loughner's request to have his attorneys called as witnesses was denied. The staff representative appointed for Mr. Loughner apparently didn't offer any testimony or evidence on his behalf, it added.
The Bureau of Prisons spokeswoman said she couldn't comment on whether prisons officials have started forcibly medicating Mr. Loughner.
The issue of when drugs can forcibly administered and what procedure should be used for determining their use in individual cases "is an issue just begging to be litigated," said Vanderbilt University law professor Christopher Slobogin. He said the 2003 Supreme Court decision left open a number of questions on this front, including what conduct constitutes a danger to others.
(Excerpt) Read more at online.wsj.com ...
I think that should be AZ shooter, not TX.
See how much easier it would have been if they had just shot the bastich? This is typical muslim behaviour, as was his behaviour BEFORE he did the crime. The man is a terrorist.
HE doesn’t need to be competent. All he has to do is sit still while they throw the switch.
AG Eric Holder honors former boss AG Janet Reno.
Nov 19, 2008-- NRO Confirming Fears In any other time, [Eric] Holder would simply be an uninspired choice. But these are not ordinary times we face a serious, persistent threat from Islamist terrorists. At the same time, Democrats have expressed outrage over both the alleged politicization of the Justice Department and the reckless disregard of its storied traditions. For these times, it is difficult to imagine a worse choice for AG than Eric Holder.
Much has been made, and appropriately so, of Holders untoward performance in the final corrupt act of the Clinton administration: the pardons issued in the departing presidents final hours. Of these, most notorious is the case of Marc Rich, an unrepentant fugitive wanted on extensive fraud, racketeering, and trading-with-the-enemy charges but granted a pardon nonetheless thanks to the intercession of his ex-wife, a generous donor to Clintons library and legal-defense fund.
Holders role was aptly described as unconscionable by a congressional committee. He steered Richs allies to retain the influential former White House counsel Jack Quinn (Holder later conceded he hoped Quinn would help him become attorney general in a Gore administration); he helped Quinn directly lobby Clinton, doing an end-run around the standard pardon process (including DOJs pardon attorney); and he kept the deliberations hidden from the district U.S. attorney and investigative agencies prosecuting Rich so they couldnt learn about the pardon application and register their objections.
Theres more. In 1999, over the objections of the FBI, the Bureau of Prisons, and prosecuting attorneys, Holder supported Clintons commutation of the sentences of 16 FALN conspirators. These pardons of terrorists who even Holder has conceded had not expressed any remorse were issued in the months after al-Qaedas 1998 U.S. embassy bombings, when the Clinton administration was pretending to be the scourge of terrorism. The commutations were nakedly political, obviously designed by Clinton to assist his wifes impending Senate campaign by appealing to New Yorks substantial Puerto Rican vote.
Equally noxious were the stealthy pardons of Susan Rosenberg and Linda Evans Weather Underground terrorists associated with Obamas friends Bill Ayers and Bernadine Dohrn issued on the same day as the Rich pardon. Rosenberg and Evans had been serving decades-long sentences for bombings targeting American government facilities. With Holder again helping to circumvent the pardon process and to evade objections from prosecutors, the terrorists jail terms were commuted just weeks after the bombing of the U.S.S. Cole.
Under Holders stewardship, moreover, the Justice Department chose, in the Dickerson case, to oppose its own prosecutors and seek reversal of the conviction of a bank robber whose voluntary confession had been elicited without Miranda warnings. Taking the Justice Departments signal, the Supreme Court overruled the lower courts and vacated the conviction, upending 30 years of precedent which had held that Miranda was not part of the core Fifth Amendment guarantee. Thanks to this ruling, rendered in the comfort of pre-9/11 complacence, terrorists tried in civilian courts which is where Obama and Holder want them to be tried will enjoy a powerful argument against the admission of critical confession evidence
The man shot Rep. Giffords, then throws two chairs while awaiting trial. It is odd that prison authorities think any outburst is trivial and not recorded.
What the hell are they doing in that admin wing? It is all important.
A lead pill between the eyes is all he needs.
Why not restrain him?
Thanks Cincinatus’ Wife.
Why should he stop taking his meds? Lawyers never do. OTOH, if they were required to get follicle-tested every six months and be disbarred if they refused (or tested positive)...
Hi. Love the joke.
I know this is an “odd” thread but it just struck me that the prosecutors are so intent on keeping Loughner “manageable.”
Needless to say I am very leery about this as the Left, along with the local Tucson police chief, tried to pin this man’s actions on the Tea Party — just as Clinton tried to pin Oklahoma City on Rush Limbaugh.
So Loughner is being tugged at from his lawyers who want him to expose his mental disorder for his defense and the State that wants him not a “danger to others” (what the hell does that mean? They don’t drug disorderly people on those “jail” shows. They restrain them and bag their faces).
I’d like to know more about Jarad Loughner, his associations, his history and not just give him “happy” drugs before the State shuffles him off to a mental asylum like they did Reagan shooter, John Hinckley.
The murder of a US Federal Judge is a very rare thing.
Yet almost never is that phenomenal reality even mentioned by our media in stories of the “Giffords” shooting.
I find it very strange.
Yes! The federal judge.
And have we heard yet if Gabrielle Giffords has been told about the others being shot and killed?
Now that her husband has left the astronaut corp, will he move to AZ from TX and run for the Senate seat the Dems wanted his ill wife to campaign for?
Lots of questions.
And WHY wasn't he declared a danger to others as soon as he was taken into custody? Do they forget why he's there?
A “danger to whom?” one could ask. Remember how they rushed to judgment after the shooting? It was the right-wing, the Tea Party, Sarah Palin, easy guns and hate speech that drove him to it (had their Obama-diversity Tucson rally/memorial/campaign photo-op for the country). Perhaps when Loughner is not doped up, he has something interesting to say.