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That's Just Not Right! > KVL's Smart Arses > Debates & Discussions > American Politics
nun
QUOTE
No one has been a more uncritical cheerleader for the Obama administration than liberal blogger Andrew Sullivan. Now, Sullivan has gotten his reward, courtesy of Obama's Department of Justice.

Sullivan was caught smoking marijuana in a National Park and was prosecuted, consistent with the usual policy of the U.S. Attorney for the District of Massachusetts. But Sullivan's pull with the Obama administration got him a sweetheart deal: the U.S. Attorney decided to drop the charges, even though there evidently is no doubt about Sullivan's guilt. The issue here isn't whether marijuana possession should be illegal, or should be prosecuted. It is illegal, and the U.S. Attorney in Massachusetts does routinely prosecute such cases. But not Sullivan: Barack Obama and Eric Holder paid him off for his slavish devotion.

The U.S. Attorney's action in dismissing the case against Sullivan was so extraordinary that it prompted this stinging rebuke by United States Magistrate Judge Robert Collings, who presided over the case:

When the case was called, the Court expressed its concern that a dismissal would result in persons in similar situations being treated unequally before the law. The Court noted that persons charged with the same offense on the Cape Cod National Seashore were routinely given violation notices, and if they did not agree to forfeit collateral, were prosecuted by the United States Attorney. In short, the Court explained that there was no apparent reason for treating Mr. Sullivan differently from other persons charged with the same offense. In fact, there were other persons who were required to appear on the September 2nd docket who were charged with the same offense and were being prosecuted. ...

[T]he Court would not be concerned with any exercise of discretion by the United States Attorney not to prosecute the possession of small amounts of marijuana. The United States Attorney certainly has discretion to determine how best to allocate the resources of his office and could, if he deemed it appropriate, elect to focus those resources on more serious crimes while declining to prosecute the type of violation which Mr. Sullivan faces. However, from all that appears, the United States Attorney has not taken the position that persons who possess marijuana on federal property will not be prosecuted; rather, those persons are prosecuted routinely. ...

In the Court's view, in seeking leave to dismiss the charge against Mr.
Sullivan, the United States Attorney is not being faithful to a cardinal principle of our legal system, i.e., that all persons stand equal before the law and are to be treated equally in a court of justice once judicial processes are invoked. It is quite apparent that Mr. Sullivan is being treated differently from others who have been charged with the same crime in similar circumstances. ...

In short, the Court sees no legitimate reason why Mr. Sullivan should be treated differently, or why the Violation Notice issued to him should be dismissed. The only reasons given for the dismissal flout the bedrock principle of our legal system that all persons stand equal before the law.


What is going on here is that Barack Obama's Justice Department is rewarding a faithful political supporter by quashing a criminal prosecution that could adversely affect Sullivan's application for U.S. citizenship. In less than eight months, President Obama has corrupted the Department of Justice to a degree that has not been seen in our lifetimes, if ever. In Obama's Justice Department, the type of justice you get depends on how valuable you are to the Democratic Party.


http://www.powerlineblog.com/archives/2009/09/024506.php
Michael
Do you have any idea how common it is to drop petty drug charges?
doa12
To me, the real problem with this is that they are pretty much agreeing that it is a petty charge, and that if they are going to let one person off, then everyone should get off, and it should no longer be a chargeable offense.

The Gunslinger
Is this some kind of a joke?



Are you really suggesting that Barack Obama, the President of The United States of America, got a blogger off on a weed charge?


There is a reason the VAST MAJORITY of police would prefer to have it legal so they don't have to waste their time.


I was at a campsite one time when 3 cops came out of the woods wile there was a PILE OF WEED on the table and my friend was rolling a blunt.

Easily an ounce.


They took it and got on to actually stopping criminals from doing bad things ... or smoked it ... who knows.



But then again, I have said some very pro Obama things ...


ph34r.gif



This is absolutely preposterous.
Michael
QUOTE(doa12 @ Sep 13 2009, 01:02 AM) *
To me, the real problem with this is that they are pretty much agreeing that it is a petty charge, and that if they are going to let one person off, then everyone should get off, and it should no longer be a chargeable offense.

Except that's not how laws are used. One of the reasons law enforcement likes petty drug laws, disorderly conduct laws, and other similar offenses is that they work as catch-alls. By themselves, they're meaningless and not worth the effort to prosecute. So, you ask, why are they still on the books?

Because they work.

When someone's arrested for 5 different offenses (like conspiracy to commit murder, burglary, possession of stolen property, illegal possession of a handgun, and marijuana possession), the prosecutor will spend time and effort to take it to court. Even if the jury only finds them guilty of drug possession.

But in that case, it ends up being worthwhile.
The Gunslinger
Is there any evidence ...


sorry hold on
QUOTE

ev-i-dence
[ev-i-duhns] Show IPA noun, verb, -denced, -denc⋅ing.–noun 1. that which tends to prove or disprove something; ground for belief; proof. 2. something that makes plain or clear; an indication or sign: His flushed look was visible evidence of his fever. 3. Law. data presented to a court or jury in proof of the facts in issue and which may include the testimony of witnesses, records, documents, or objects.


So, anyway, any evidence of this outlandish allegation?
rick
Clearly 'slinger and his friends are VERY FORTUNATE not to be enjoying the ass-rapings on the inside right now.

I don't care what your OPINIONS are on the matter @ the moment... possession w/an ounce = hard time (any part of north america i've ever visited). Some people need to get over their "o my god, its not bad!!" shite and accept you are breaking a law that has been on the books since b4 you were born!!! I'm an admitted user myself, but fuck the pansies who can't take the heat if they get caught... and fuck the cops who are too lazy to enforce (i live in the weed capital of the world, supposedly, and still our cops reign down on the weed routinely).

Oh, I didn't read the story.. .some one politically connected got busted? Meh.
nun
It's clear that the overseeing judge thought that it was out of the ordinary considering all the other drug charges ON THE SAME DOCKET.

QUOTE
[T]he Court would not be concerned with any exercise of discretion by the United States Attorney not to prosecute the possession of small amounts of marijuana. The United States Attorney certainly has discretion to determine how best to allocate the resources of his office and could, if he deemed it appropriate, elect to focus those resources on more serious crimes while declining to prosecute the type of violation which Mr. Sullivan faces. However, from all that appears, the United States Attorney has not taken the position that persons who possess marijuana on federal property will not be prosecuted; rather, those persons are prosecuted routinely. ...

In the Court's view, in seeking leave to dismiss the charge against Mr.
Sullivan, the United States Attorney is not being faithful to a cardinal principle of our legal system, i.e., that all persons stand equal before the law and are to be treated equally in a court of justice once judicial processes are invoked.
It is quite apparent that Mr. Sullivan is being treated differently from others who have been charged with the same crime in similar circumstances. ...

In short, the Court sees no legitimate reason why Mr. Sullivan should be treated differently, or why the Violation Notice issued to him should be dismissed. The only reasons given for the dismissal flout the bedrock principle of our legal system that all persons stand equal before the law.
stucco
1 - I don't see Obama, or even the DNC tied to the charges being dropped.
2 - DAs will often drop these type of misdemeanor charges out of court. WI does it all the time for small tickets like these.
3 - What was the amount this guy was carrying compared to the others? That adjusts the drop rate.
4 - What number offense was this guy at compared to the others? If they were habitual offenders their case won't be dropped.

Again, a Rebublican reporter is stretching to show a DNC and Obama conspiracy. They keep up with this and Republicans will become the new Liberal.
The Gunslinger
QUOTE(rick @ Sep 13 2009, 06:52 AM) *
Clearly 'slinger and his friends are VERY FORTUNATE not to be enjoying the ass-rapings on the inside right now.

I don't care what your OPINIONS are on the matter @ the moment... possession w/an ounce = hard time (any part of north america i've ever visited). Some people need to get over their "o my god, its not bad!!" shite and accept you are breaking a law that has been on the books since b4 you were born!!! I'm an admitted user myself, but fuck the pansies who can't take the heat if they get caught... and fuck the cops who are too lazy to enforce (i live in the weed capital of the world, supposedly, and still our cops reign down on the weed routinely).

Oh, I didn't read the story.. .some one politically connected got busted? Meh.


Honestly man this might be one of those living in a different country things. I don't know how serious they are about it in Canada and I don't claim to.


But in the US of A if you get busted for pot, you were either driving (DUI's are always and should always be serious), you have priors or you were being a dick. EDIT: or were selling it.

What your describing is a fantasy world in America that just doesn't really happen.

They mostly use it, as queltor has said, to bust people that were doing something worse but they don't have enough to convict them.
bringthedoo
So sully was "busted" while on the cape, albeit in a federally controlled park; CCNS, but still in Massachusetts where possession of up to an ounce is not a criminal offense.

Nun, shouldn't you, as a states rights first republican, be outraged at this infringement of federal power?

I'm just sayin'
The Gunslinger
This reminds me, it is about time for my weekly Sunday Meet the Press wake and bake.


Normally I would do it around noon but gotta start earlier during football season even if my Bills aren't playing until tomorrow. Beer and wings aren't going to consume themselves.
rick
An ounce is pretty much considered dealing here... a couple grams is a joke. An ounce, not so much. In the eyes of the law, anyways (and mine ... if you've 20+ grams on the go @ once, you ain't just catching a quick high!)
The Gunslinger
He was at a park. I don't know what he was doing but if he was camping or something then that calls for at least an ounce.




That is all I ever buy and I have zero intention of selling it. I just hate having to buy a dimebag from a drug dealer every time I want to get high. Much better to buy in bulk if you ask me.
rick
much better to grow your own!
The Gunslinger
Now THAT will get you arrested.
rick
not here... unless you've an entire field or something (and even then they gotta catch ya in the process of harvesting for charges to stick). They did a pot-raid this week, no charges, just collect and burn (in a bad way).

You are much more likely to get charged for possession with intent for holding an ounce than having a 5-10 plants... again, here.
The Gunslinger
It's kinda like that in California.
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