Federal Death Penalty Memorandum
The U.S. Attorney General’s memorandum Reviving the Federal Death Penalty and Lifting the Moratorium on Federal Executions, February 5, is available here.
Author: Kent Scheidegger
Bondi Nomination Moves Forward
The U.S. Senate voted this evening to break the filibuster on the nomination of Pamela Bondi to be U.S. Attorney General. The vote was 52-46. Senators Graham and Fetterman did not vote. It is not clear whether they were present. Ms. Bondi should be confirmed when the substantive vote is taken.
Update: Pamela Bondi was confirmed as Attorney General on February 4 by a 54-46 vote.
Biden’s Commutations Hurt Crime Victims
Danielle Sassoon, interim U.S. attorney for New York, has this op-ed in the WSJ with the above title. The subhead is “Despite his claims, the former president ordered many violent offenders released.”
One senseless decision involved Raheem Davis, who was convicted in my district of narcotics trafficking in 2006, and also separately convicted for his role in a 2005 drug robbery where he opened fire, murdered one person, and permanently crippled another. While awaiting trial in the robbery case, Davis assaulted a corrections officer by repeatedly stabbing him in the head and neck with a shank. In imposing a lengthy sentence meant to incapacitate Davis, the judge described Davis as “out of control” and “violent” and warned that if “he’s out on the street, it is only a matter of time until more people die at his hands.” Davis will now be out of prison this year, rather than in 2043. Continue reading . . .
Californians Made it Clear They Want a Different Approach to Addiction and Homelessness
Vern Pierson, District Attorney of El Dorado County,* California, has this op-ed with the above title in Cal Matters.
California’s drug crisis has only escalated, with so-called “compassionate solutions” like harm reduction and past policies that decriminalized hard drugs making things worse.
* * *
Normalizing addiction is neither compassionate nor effective — it’s destructive. California must ensure the success of Prop. 36. Alongside drug courts and prevention-focused public education, this new law can address the root causes of addiction and homelessness, offering people a chance at recovery and stability.
Executive Order on Death Penalty
Among the torrent of executive orders issuing from the White House is one titled “Restoring the Death Penalty and Protecting Public Safety.”
One of its provisions directs the Attorney General to assert federal jurisdiction and seek the death penalty “for every federal capital crime involving: (i) The murder of a law-enforcement officer; or (ii) A capital crime committed by an alien illegally present in this country.” We shall see how that works in actual practice.
Also included is a directive to help states obtain execution drugs and to get DOJ off its tush with certifying states under the comatose Chapter 154 fast track program.
Along with the latter, the illegal poison pill inserted by the Obama Administration on its way out the door needs to be repealed.
Continue reading . . .
Kathy Cady
The Metropolitan News-Enterprise has this profile of Kathleen Cady by Sherri Okamoto. Kathy is a tireless advocate for victims of crime. See prior posts here and here. Until recently she has been co-counsel with us in Jessica M. v. CDCR, a case mentioned in the article.
Newly elected Los Angeles District Attorney Nathan Hochman has brought her back to the DA’s office as Director of the Victim Witness Division, an excellent choice. We wish her well in her new position.
Immigration Enforcement, the Laken Riley Act, and State Standing
The House of Representatives has passed the Laken Riley Act by a whopping 264-159. The bill may set up a constitutional showdown on the question of the standing of states to sue federal officials for failure to enforce federal law, but not any time soon.
The bill adds theft offenses to the crimes for which aliens may be taken into custody. In addition, though, it grants standing to state attorneys general to sue the Secretary of Homeland Security for a variety of failures to enforce several immigration laws. Can Congress do that? Continue reading . . .
More on Trump v. New York
Following up on posts here and here, the U.S. Supreme Court denied a stay of President-elect Trump’s sentencing in New York 5-4. The order reads:
The application for stay presented to Justice Sotomayor and by her referred to the Court is denied for, inter alia, the following reasons. First, the alleged evidentiary violations at President-Elect Trump’s state-court trial can be addressed in the ordinary course on appeal. Second, the burden that sentencing will impose on the President-Elect’s responsibilities is relatively insubstantial in light of the trial court’s stated intent to impose a sentence of “unconditional discharge” after a brief virtual hearing.
Justice Thomas, Justice Alito, Justice Gorsuch, and Justice Kavanaugh would grant the application.
The hearing then went forward. The WSJ has this story. Continue reading . . .
Former AG Meese on Trump v. New York
Former Attorney General Edwin Meese, a long-time friend and advisor to CJLF, has filed this amicus brief in the Supreme Court in Trump v. New York, No. 24A666, noted in yesterday’s post. The brief is joined by Professor Steven Calabresi. Gene Schaerr is counsel of record.
The brief discusses long-standing positions taken by the USDoJ Office of Legal Counsel regarding prosecution of sitting Presidents and argues for the case to be dismissed rather than merely stayed. Continue reading . . .
Trump Stay Application
For those following the story, the U.S. Supreme Court docket on President-elect Trump’s stay application is here.
Stay applications are submitted to the individual Supreme Court Justice assigned to the circuit. New York is in the Second Circuit, which is assigned to Justice Sotomayor, who is from New York. In important cases, the circuit justice refers the case to the full court, and I have no doubt Justice Sotomayor will do so for the decision on the merits. Continue reading . . .
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