Author: Kent Scheidegger

Biden’s Commutations Hurt Crime Victims

by · Feb 3, 2025 10:34 am

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

by · Jan 28, 2025 11:35 am

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.

Continue reading . . .

Executive Order on Death Penalty

by · Jan 21, 2025 9:44 am

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

by · Jan 11, 2025 2:00 pm

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

by · Jan 11, 2025 10:08 am

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

by · Jan 10, 2025 11:00 am

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

by · Jan 9, 2025 9:02 am

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

by · Jan 8, 2025 10:30 am

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 . . .

Progress and Problems in Philadelphia

by · Dec 27, 2024 11:28 am

In 2023, Cherelle Parker won the Democratic primary for mayor of Philadelphia, running as more in favor of law enforcement than the other candidates. As CBS reported in May 2023, she promised to crack down on drug sales in the infested Kensington neighborhood, supported hiring more police officers, and opposed the absurd “defund the police” movement. The general election was a foregone conclusion in this heavily Democratic city.

As Mayor Parker closes out her first year, how much progress has there been? Some, to her credit, but not enough. The Philadelphia Inquirer had this story last Sunday.

Since January, the Parker administration has put 75 new police officers on the street, quashed homeless encampments, and increased narcotics arrests as it tries to respond to Kensington as if an open-air drug market had opened in Rittenhouse Square.

But the crackdown hasn’t been as swift or forceful as many residents had hoped.

An Inquirer analysis of police department data found that Kensington saw a steep reduction in gun violence, in keeping with a historic decline citywide. But the quality-of-life crimes and nuisance issues that plague the neighborhood have not improved, and have instead followed the familiar pattern of policing in Kensington: Old problems just move to new places.

What is holding up progress? Limited resources, as always, are a factor. Police can only make so many arrests when the jails are full. But curiously the Inquirer doesn’t even mention the District Attorney. The Wall Street Journal addresses that aspect in this editorial. Continue reading . . .