Eric Holder in Hot Water with Federal Judge Over Drug Sentencing Guidelines

Eric Holder in Hot Water with Federal Judge Over Drug Sentencing Guidelines

FROM THE WASHINGTON EXAMINER:

Appeals Court judge not pleased

William B. Pryor is an 11th Circuit Court of Appeals judge. He's also a member of the sentencing commission. What he is not is pleased with Holder's action.....

....

Pryor added that "the law provides the executive [branch] no authority to establish national sentencing policies based on speculation about how we and Congress might vote on a proposed amendment."

Its a very short piece and I think the actions of this administration, making changes to laws while bypassing Congress, may have just started the ball rolling down the hill. Its one thing to torque Congress off... It becomes something completely different when they also torque the Judicial branch off.

I am more stunned by the actions of this administration every day. I am more and more in favor of requiring elected officials to take a test on the Constitution as a precondition to hold office.

Obama and Holder are acting less and less like the President and Attorneys' General and are acting more and more like the Skipper and Gilligan.

the ENTIRE drug "war" is unconstitutional.

there were ABSOLUTELY NO DRUG LAWS when the constitution was written. and the mindset of the framers of the constitution can BEST be summed up by this quote from a serious founder beyond reproach.

"If people let the government decide what foods they eat and what medicines they take, their bodies will soon be in as sorry a state as are the souls of those who live under tyranny."

Thomas Jefferson

spelled out clearly. tyranny. and anyone who enforces drug laws are by DEFAULT TYRANTS. erm wait. "just following orders" from other tyrants. which would still make them tyrants

HanzHenry
the ENTIRE drug "war" is unconstitutional.

Im not seeing how this is possible so if you could explain how you arrived at this point? (serious request and not trying to be an ass).

Also - If its your position there should be no laws that make drug use illegal, do you then support local / state laws making drug use legal?

HanzHenry
there were ABSOLUTELY NO DRUG LAWS when the constitution was written. and the mindset of the framers of the constitution can BEST be summed up by this quote from a serious founder beyond reproach.

The Constitution also states anything not specifically granted to the Federal Government is reserved to the states, which did in fact have their own drug laws through the years. The tipping point occurred in Utah, specifically Salt Lake City before it was a state. They banned marijuana based on their perception that only Mexicans used it and it causes issues. Enter the businesses that wanted competition removed (hemp vs other). The Feds then introduced and passed the Controlled substance Act.

Personally speaking do I think drugs should be illegal? Depends on what the drug is, its effects and where it is done at and who is present when it is done.

The trade off should it be abused is a lengthy denial of a drivers license, denial of insurance coverage for motor vehicles and any health related issues to the drug use can be denied by insurance companies.

HanzHenry
"If people let the government decide what foods they eat and what medicines they take, their bodies will soon be in as sorry a state as are the souls of those who live under tyranny."

Thomas Jefferson

Excellent quote and I think we see it in todays society. Specifically New York City and their politicians and the 1st Lady and her quest against certain food types.

While I agree the war on drugs is a massive failure, and that mandatory sentencing guidelines are also a disaster (as well as discriminatory), I don't think its appropriate for this Administration to rule by executive order.

The moment that is allowed, instead of being challenged, where does it stop?

Guns?
Travel?
Internet?
Search and Seizure?
Surveillance?
4th Amendment
5th amendment

etc etc ............

Yes, Great Points...

They rely on one thing. When things get tough of they get caught.

They simply whip out the Race Card.

It works every single time.

reply to post by Xcathdra


Unprecedented, more and more Holder and Obama are making their own laws as they go, Obama with executive orders and Holder bypassing the Legislative branch, so in other words the judicial branch with Obama Yes man and Obama himself are becoming the law of the land, no congress needed and neither the Supreme court.

The last ten years of administrations are eroding the powers of congress while increasing the executive one, very soon congress will be banned.

I am sad about this?, well taking into consideration that congress belong to the pockets of private interest this days and the way that we the people in this nation has allowed the corruption that is running rampant in Washington to happen I am not sorry at all, because most people are still blind to what is going on.

reply to post by Xcathdra


But what did Holder do? That article is extremely short.

Xcathdra

HanzHenry
the ENTIRE drug "war" is unconstitutional.

Im not seeing how this is possible so if you could explain how you arrived at this point? (serious request and not trying to be an ass).

Also - If its your position there should be no laws that make drug use illegal, do you then support local / state laws making drug use legal?

firstly, I believe in Liberty. if someone ELSE can determine what I put in my own body, that is NOT liberty. not even CLOSE to freedom.
Someone who is FREE would be able to consume whatever they choose.

here is a link to Ron Paul on the issue.

blog.tenthamendmentcenter.com...

now, if someone partakes in something and them they commit an act against another, then no excuse or blaming of the substance. they face the punishment for what they did.

states.. the only way in which i support states making drug use legal would be as a cancelling factor to federal laws on the issue. However, I still think it is NO ONES business what someone ingests.

personally, my adverse beliefs on marijuana are one of the very prime reasons i left the LE field a patterned my early life for. And the drug laws are the main reason I am at odds.

Perhaps if marijuana had been legal always, i would have been a life long servant of society. Maybe..lol I have perhaps the strongest sense of duty to justice, fairness and risking my life to help others you would ever meet irl.

which is why I draw a pension for medical injuries. Even when off duty, i would render aid. even at great personal detriment physically

reply to post by brazenalderpadrescorpio


This link have more on the story,

washingtonexaminer.com...

After appearing several months ago before the U.S. Sentencing Commission to endorse a proposal it was then considering to reduce penalties in a variety of federal drug crimes, Holder effectively preempted both the commission, which is an independent agency within the judicial branch, and the Congress by instructing all U.S. assistant attorneys to not object when defense lawyers ask that their convicted clients be punished under the proposed guidelines.

This base on a case of drug sentencing.

Clearly the job of the Judicial branch is to enforce laws already passed by congress or amended, but nowhere it says that the AG have the power to enforce his own laws or change them, the only branch that can do that is the Supreme court when the laws are challenging the constiution.

Very interesting indeed.

brazenalderpadrescorpio
reply to post by Xcathdra

 

But what did Holder do? That article is extremely short.

There is a federal law that requires certain sentences for prosecution and conviction under the controlled substance act.

Possession of less than 35g of marijuana is a misdemeanor, anything voer 35g is a felony.
It classifies the drugs into classes - from over the counter to requiring a prescription to obtain and be in possession of it up to drugs that show no medicinal use and are prohibited from being possessed by anyone.

conviction under those statutes requires a person serve a mandatory sentence. It removes the ability of a judge to sentence people convicted of the crime to different prison terms / fines etc.

Essentially (as an example) if you are arrested charged tried and convicted for coc aine possession, you will automatically get 10 years in prison and must serve a mandatory minimum of 85 percent of your sentence. (just an example).

What Holder did was change those minimums by issuing a memo / proclamation, which he does not have the authority to do. Because the CSA and mandatory minimums are federal laws, only Congress or the judicial can make changes (Congress via legislation and Judicial via issues with application of the law and possible constitutional / law violations).

Holder is doing what Obama is doing - Bypassing the Congress and illegally making changes to laws.

reply to post by Xcathdra


They may have already done this in many different areas, perhaps in an attempt to set some sort of twisted precedent.

This is yet another great reason for a complete audit of everything and everybody and everything everybody did.

Screw Holder and the entire profession!

I'm truly sick and tired of reading the news because I can guarantee there is a lawyer involved who is fighting some loophole to prove a point. Honestly, our nation has become parents of a spoiled rotten child (lawyers) who are having a temper tantrum in the grocery store - and we're capitulating!

And if you're a lawyer reading this, I hope you consider the "greater good" before you argue the point.

Getting off my soapbox...

reply to post by Xcathdra


reply to post by marg6043


Got it.

jrflipjr
Screw Holder and the entire profession!

I'm truly sick and tired of reading the news..........

To be honest I think the reporting is a good thing. On the off chance people are missing it, the media has protected Obama and his administration the last 6 years. When his administration bit the hand that feeds them, namely pissing off some of the most ardent media outlet supporters, things started going downhill. I think we are at that point now where the ball is rolling and there is nothing Obama can do to stop it.

The fact these incidents are being reported, and the fact that certain media outlets covered the HHS secretary nomination in terms of why she left (issues with Obamacare and the relationship between her and Obama and the fact they never really communicated), and now this is a good thing.

I think we will continue to see more and more media coverage of Obama's harebrained schemes. I also think the closer we get to the midterms the more we will see Democrats start speaking their mind on some of the issues Obama created.

I would wager that the midterm elections will result in Obama being a Lame Duck President who will most likely see all of his initiatives / policies being undone in his last 2 years in office. Of course that is provided he does not get impeached before then, which I think it a very real possibility.

reply to post by Xcathdra


I agree with you in terms of press coverage. Even Obama recognizes the end is nigh - I mean look at the coverage Hillary is getting for absolutely every move she makes. It's just a shame to watch the public follow like blind sheep to the modern conventions of whatever is "hip". On the flip side, the Republicans can't get their s*** straight to save themselves.

Wait! I've got an idea. Instead of arguing over who's right and wrong, why don't we, as citizens, get together and DISCUSS what we both know is the right way ahead. The key ingredient is compromise - something every lawyer, congressman and oligarch has lost.

"Wait a minute. Perhaps she's right. Perhaps I've been wrong to blindly follow the medical traditions and superstitions of past centuries. Maybe we barbers should test these assumptions analytically, through experimentation and a "scientific method". Maybe this scientific method could be extended to other fields of learning: the natural sciences, art, architecture, navigation. Perhaps I could lead the way to a new age, an age of rebirth, a Renaissance!...

Naaaaaahhh!"

- Steve Martin, Saturday Night Live, Theodore of York

I think I see this same end run being perpetrated by governments big and small these days.....
The obvious subterfuge and double talk is so thick you can skate on it......
I have a new game now ...I just insert the opposite of what some politician says and it is hilarious how close to the mark it often comes out when the laundry gets done down the road......
The crop of politicians we have.....(and the ones coming up) don't look much more than shallow self interested stooges of the highest bidders....

reply to post by stirling


I tend to agree.

Now, how do we convince the rest of the voters to see this?

This guy has been dissed for many things here at ATS.... but Marijuana and sentence reduction for drug crimes has been a big feather in his cap... This has disproportionately effected minorities.... with 5 percent of US population in jail, on probation, or involved in a criminal legal process at all times..