For those not convinced that our thoroughly politicized justice system operates differently depending upon which side of the political divide a defendant on.
Former FBI attorney Kevin Clinesmith altered a document submitted to a court, a felony:
The only person charged in the Justice Department’s investigation into the origins of the probe of former President Donald Trump’s 2016 campaign and its ties to Russia was spared prison time for altering an email used to support a surveillance application.
Former FBI attorney Kevin Clinesmith, 38, received the sentence of 12 months probation and 400 hours community service from U.S. District Court Judge James Boasberg Friday during a video hearing.
Go here to read the rest. This isn’t even a slap on the wrist. Clinesmith was an officer of the court and worked for a law enforcement agency. He knew the law and knew what he was doing and the gravity of what he was doing. This sentence is a slap at the prosecution rather than on Clinesmith.
On the other hand:
A federal judge has turned down a bid for release by the man photographed with his foot up on a desk in House Speaker Nancy Pelosi’s office during the Capitol riot earlier this month.
Two weeks ago, a federal magistrate in Arkansas ordered that Richard Barnett, 60, be placed on home detention to await trial on a felony charge of entering the Capitol with a dangerous weapon, as well as misdemeanor charges of unlawful entry to a restricted building, disorderly conduct and theft.
However, Chief U.S. District Court Judge Beryl Howell blocked that order the same day. Following a memorable hearing on Thursday afternoon, she granted the government’s appeal — effectively ruling that Barnett will stay behind bars for months or longer.
During Howell’s first public court session in a riot-related case since the Jan. 6 unrest, the judge — a former Senate Judiciary Committee counsel — appeared to be brimming with anger over the assault on the Capitol. She repeatedly emphasized that the rioters not only disrespected the historic building, but were also engaged in an attempt to undermine the Constitution.
“His entitled behavior that he exhibited in videos and photographs when inside the Capitol show a total disregard for the law, a total disregard for the U.S. Constitution,” said Howell, an appointee of President Barack Obama. “This violence disrupted a constitutional function of Congress.”
Howell commented that the events at the Capitol three weeks ago struck fear into the hearts of lawmakers, staff and members of the media. She also said the rioters had transformed life in Washington, leading to the deployment of thousands of National Guard troops and the placement of crowd-control fencing cutting off much of the downtown.
“What happened on that day in the U.S. Capitol was criminal activity that is destined to go down in the history books of our country. … This was not a peaceful protest,” the judge declared. “We’re still living here in Washington, D.C., with the consequences of the violence in which this defendant is accused to have participated.”
The judge seemed particularly provoked by Barnett’s brash, ostentatious behavior, describing as evidence that he was likely to defy any court order about how to behave while on release.
“He not only entered the Capitol without authorization, but he strutted into the office of Speaker of the House Nancy Pelosi,” Howell said. “He felt so entitled, he put his feet on the desk. He felt so entitled, he picked up her mail and walked off with a piece of mail.”
While the judge called the charges against Barnett “gravely serious,” they are actually relatively modest. Others who took part in the riot face a slew of charges, including assaulting police with a dangerous weapon, obstruction of Congress and interfering with police during civil disorder. Prosecutors say they’re also considering filing sedition charges against some rioters.
Go here to read the rest. I guess that it is superfluous to note that both of these judges were appointed by Obama.
Due to the nature of his crime, it seems to me Clinesmith should also have been disbarred. As far as I know, he’s still free to practice, which is disturbing.
Also disturbing is the recent arrest of Douglass Mackey, who faces 10 years in prison for a satirical tweet he posted during the 2016 election.
I’m guessing the reason for the extraordinary leniency in Clinesmith’s case, and the astonishing ferocity on those others, is all pour encourager les autres .
Due to the nature of his crime, it seems to me Clinesmith should also have been disbarred.
Normally if an attorney pleads guilty to a felony, his disbarment follows rapidly as night follows day. The DC bar association has not even opened a case on Clinesmith.
Don, what is your opinion of the letter Barnett’s attorney sent to the court and the dressing down that the judge (magistrate?) gave him as a result? It would seem to me that the letter is fairly standard fare for defense attorneys.
Normally if an attorney pleads guilty to a felony, his disbarment follows rapidly as night follows day.
I think in some jurisdictions it’s automatic. I’m recalling one of those old Newsweek ‘My Turn’ columns which was in part a tribute to the author’s brother (while at the same time mentioning he’d plead guilty to a sex offense). I looked up the brother. He was struck from the roll in his state the day after the guilty plea.
The judiciary – especially the appellate courts – has been a scandal for north of 60 years in regards to social policy. The innovation of the Obama years was to turn the IRS, the Department of Justice, and a number of federal courts into instruments of political warfare. Obama himself is such an empty suit I wouldn’t attribute much to him. This is the culture of the Democratic Party in our time. This will not end well.
I’m happy to blame rank-and-file Democrats for this. They’re not paying attention or they manufacture excuses.
The fellow who moderates the Ace of Spades HQ blog is predicting widespread jury nullification in federal cases in the future, because people will sympathize with defendants and / or assume FBI agents are lying. The police department in Slidell, La. records its interviews with suspects, &c. The FBI cannot be bothered.
Don, what is your opinion of the letter Barnett’s attorney sent to the court and the dressing down that the judge (magistrate?) gave him as a result? It would seem to me that the letter is fairly standard fare for defense attorneys.
It certainly was not beyond the bounds. That the Judge is filled with prejudice against the Defendant and his counsel was signaled by her, on the same day, reversing the perfectly reasonable magistrate judge’s decision of home confinement awaiting trial. This means that by the time the Defendant gets to trial he would have already served the amount of jail time he likely would receive before a sane judge if he were to be convicted. This is truly ironic since the Left is pushing around the nation doing away with cash bonds and having no pre-trial incarceration except in the most serious offenses.
Obama and Biden were at that crucial meeting where the decision was made to entrap Gen. Flynn.
Note between 1974 and 1991 or thereabouts, journalists and academic historians exposed the Kennedys for what they were (which, however, had little effect on popular esteem for JFK). We get to see over the next 20 years if there’s enough of a residue of integrity in our word merchant sector to do the same to BO. I wouldn’t bet 10c on the proposition that they will.
This is truly ironic since the Left is pushing around the nation doing away with cash bonds and having no pre-trial incarceration except in the most serious offenses.
Well, they see the hoodlum class as their clientele.
Prof. Jacobson, “. . . there’s only so long the rapid destruction of jobs and the economy and political persecution can continue without the political equivalent of a short squeeze on Democrats.”
[30 Jan 2021 Instapundit]
On 20 January 2021, they suddenly commenced destroying the United States of America.
No Justice. No Peace.
In case you hadn’t noticed, it’s a rigged system.
Who [e.g., Gen’l. Flynn] is crushed by the legal system and who benefits from it and who is insulated from it are partisan political decisions.
He had to be destroyed. President Trump gave us a four year reprieve from our ruination and the enrichment of the people who hate us and everything we love, believe, and care about.
It is all policy decisions. President Trump showed us other outcomes are possible. That is Donald John Trump’s greatest achievement.
To wit. BAD NEWS for USA middle class and poor – gas and heating oil taxes are set to soar.
Even Lady Justice is politically correct. She is wearing pasties.