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8.11.03 memo menos Last week Attorney General JOHN ASHCROFT fired a volley in the ongoing battle between the federal judiciary and the Justice Department over sentencing practices by the judiciary by announcing that he has ordered federal prosecutors to report to him those judges whose sentencing deviates downward from the federal sentencing guidelines. In a memo written July 28, ASHCROFT remarked “The Department of Justice has a solemn obligation to ensure that laws concerning criminal sentencing are faithfully, fairly and consistently enforced.” The guidelines were passed into law in 1984, at the impetus of then President RONALD REAGAN and his own conservative, Attorney General ED MEESE. The guidelines were intended to prevent liberal minded judges from imposing sentences thought to be too lenient by hard line law and order types. They take away much of the discretion that federal judges like to exercise when imposing punishment for criminal convictions. The guidelines have been interpreted by the Supreme Court to allow judges to depart from their strict mandates. And in practice, most federal judges reserve the right to make “downward departures” for mitigating factors such as when a defendant cooperates with the government, or if the crime is a first offense. But ASHCROFT has upped the ante by demanding notice of every judge who makes a sentence in variance of the guidelines. It suggests that his department may at some time in the future “blacklist” these judges, with some question of the effect. Federal judges are appointed for life. Once appointed, it is nearly impossible for a federal jurist to be impeached. So why would the Attorney General want such a list? As it turns out, despite the difficulty in removing federal judges, it hasn’t stopped ASHCROFT from trying. One such judge, JAMES ROSENBAUM of Minnesota, is under investigation by Congress, at the behest of ASHCROFT because of his departure from the sentencing guidelines. Does ASHCROFT really think he is going to intimidate other judges from departing from their sentencing inclinations by this action? Chief Justice WILLIAM REYNQUIST seems to think so, saying it “could amount to an unwarranted and ill considered effort to intimidate judges.” Supreme Court Justice ANTHONY KENNEDY responded to the newly announced tactic over the weekend in a speech to the annual meeting of the American Bar Association. KENNEDY, in an address clearly for ASHCROFT’S consumption, said, “Our resources are misspent, our punishments are too severe, our sentences too long. I cannot accept the necessity, nor the wisdom of federal mandatory minimum sentences.” Perhaps ASHCROFT would like to take on the Supreme Court over the issue. Apparently he hasn’t got enough to do, with Al Queda and the likes; finding the still elusive anthrax terrorist(s); revoking the licenses of doctors who prescribe medical marijuana; closing medical marijuana clinics in states that have passed laws legalizing them; defending the secretive machinations of the Vice-President from his meetings with Enron to the plausible deniability in the yellowcake matters; plotting how to deprive gays and lesbians the right to relationships with rights and privileges that flow there from putting them on equal footing with that of straight people; using the resources of the Justice Department to track down the Texas state legislators from time to time at the beck and call of Representative TOM DELAY; revoking the licenses of doctors that perform euthanasia; and generally rewriting the constitution to deprive Americans of long held and basic guarantees envisioned by our founding fathers. To be sure, ASHCROFT is not only trying to threaten judges with his actions. For that, even in the best of circumstances, will only have limited results. His real targets are the federal, and state prosecutors across the country. It is they, who along with judges, make decisions on when to depart downward from the sentencing guidelines. And it is they who are most influenced and controlled by an Attorney General gone mad with his conservative agenda. As if prosecutors don’t have enough incentive to be overzealous, now they’ve got ASHCROFT breathing hellfire down their necks. Recall, it was then Senator ASHCROFT who in 1999 blocked the elevation of an Afro-American, and fellow Missourian to the federal bench, Justice RONNIE WHITE. ASHCROFT led the fight against WHITE’S confirmation, calling him a “pro-criminal” for his departures from the sentencing guidelines, and for his refusal to impose the death penalty in 18 of 59 such cases before him. ASHCROFT said WHITE was opposed to the death penalty, despite having imposed it 41 times in his career on the criminal bench., RONNIE WHITE is now a Supreme Court Justice for the State of Missouri. Let’s think back: JOHN ASHCROFT lost a general election in his home state of Missouri to a dead man in 2000 and was left by the voters who knew him best to fend for a job on his own. Many think he lost in large part because of his tirade on the Senate floor over WHITE, his last great political act as a senator. He now sits atop America’s constitution and law enforcement machinery, running roughshod over those not in his congregation. We have GEORGE BUSH, a man who has taken millions of jobs from hard working Americans to thank for that. 8.6.03 MEMO MENOS In his first day on the campaign trail, ARNOLD SCHWARZENNEGGER muscled out the man who financed the recall effort, San Diego Congressman DARRYL ISSA, who is reported to have spent nearly $3 million of his own fortune to get the signatures for the recall. On the day he was to announce his campaign for Governor ,ISSA shocked even his own staff with a tearful statement announcing his withdrawal from the race. Fresh out of the gate, SCHWARZENNEGER is already drawing unfriendly fire from a vast array of commentators: "You can't govern the State of California with platitudes." Senator DIANNE FEINSTEIN speaking with CNN. "ARNOLD SCHWARZENNEGER doesn't know where to find a broom in Sacramento, much less which end to use to clean up California." JOHN GARAMENDI, State Insurance Commissioner and declared Democratic candidate, speaking with KTLA Channel 5. "Mr. SCHWARZENNEGER announced his candidacy to Jay Leno on "The Tonight Show", but despite plenty of encouragement from Mr. Leno and the audience, he seemed rather flat. Even in the thought-free environment of late night television, his vague ramblings about pumping up Sacramento and telling the politicians "Hasta la vista, baby" sounded surprisingly mindless." The New York Times editorial page, 8.8.03 "I wish ARNOLD the best, but the people elected Davis just 8 months ago. What has he done wrong to warrant this recall?" Former Minnesota Governor JESSE VENTURA, speaking to a Fox News affiliate. "The best training I ever got to be in politics was working in improvisational theater in New York." Former Iowa Congressman, and now president of Goodwill Industries, FRED GRANDY, GOPHER from THE LOVE BOAT. "I like and respect ARNOLD, but I'm a Democrat, and I don't support the recall effort." Senator EDWARD KENNEDY "It's just unbelievable that you make an announcement that you're running for governor on the Jay Leno Show. It wasn't real...and I think it will be an embarrassment before it is all over." Governor of Oregon, TED KULONGOWSKI Top Ten Arnold Schwarzenegger Campaign Promises 10. "To do for politics what I did for acting" 9. "Combine the intelligence of George Bush with the sexual appetite of Clinton" 8. "A heaping tablespoon of Joe Weider's 'Dynamic Body Shaper' in every pot" 7. "Every freeway gets a dedicated car chase lane" 6. "Seek advice from elder political statesmen like Jesse Ventura" 5. "Crack down on schools graduating students who can't bench-press 180 pounds" 4. "Solemnly swear to support the Constitution of Gold's Gym" 3. "Goofiest-named governor since Pataki" 2. "Raise the minimum age for dating Demi Moore" 1. "Speak directly to the voters in clear, honest, broken English" DAVID LETTERMAN, THE LATE SHOW 8.7.03 "I will never arm wrestle ARNOLD SCHWARZENEGGER." President GEORGE BUSH speaking to reporters in Crawford, Texas, and declining to comment on his viability as a candidate. "We have to overhaul our economic agenda. We have to make sure everyone has a fantastic job!" The candidate, ARNOLD SCHWARZENEGGER. If only it were that easy. 8.6.03 MEMO MENOS
Over the past week the media wrote off ARNOLD SCHWARZENEGGER’S rumored campaign for governor so many times, it was a complete shock to political pundits, the networks and even the audience on the set of THE TONIGHT SHOW where ARNOLD made his surprise announcement Wednesday night. And so, he’s back! The California recall election just got more interesting as SCHWARZENEGGER, 56, added his name to the growing list of individuals seeking to replace GRAY DAVIS. The special election, with it’s short campaign period and the large number of candidates, with the winner only needing a plurality, not a majority, and the lack of a primary, where a republican would normally have to play to the far right-provides a unprecedented opportunity for political newcomers to enter the fray of big time politics. For someone like ARNOLD, a moderate with little campaign experience, and some potential personal indiscretions to contend with, the recall election is a once in a lifetime opportunity.
The Republican previously considered the most likely to win was former Mayor RICHARD RIORDON, 72. He was waiting for SCHWARZENEGGER to announce, and now it is unlikely he will get into the race. The deadline for entrants is Saturday at 5pm.
MICHAEL HUFFINGTON is said to also be considering entering the race. ARIANNA HUFFINGTON has said she would not run if her ex-husband gets into the race, but how are you going to get the horse back into the barn?
The race is full of other colorful characters, including the republican who bumbled and stumbled his way to defeat less than a year ago, BILL SIMON. Alongside him in the hunt for the top job, among many others, are ANGELYNE, the silicon billboard queen with the pink convertible; LARRY FLYNT, publisher of Hustler; JACK GRISHAM the lead singer of the punk band TSOL;television sitcom writer BILL PRADY; MARY CAREY, a porn star who promises if elected to make lap dances tax-deductible; the comedian GALLAGHER and former child star GARY COLEMAN, from the 70's series DIFF'RENT STROKES.
In a related matter, JERRY SPRINGER, 59, withdrew from the Senate race in Ohio. He cited as his reason, research his team uncovered which indicated his message wouldn’t be heard unless he separated himself from his infamous television show. And here I would have thought just the opposite-use the show to campaign each day. What a great forum for candidate debates. JERRY. JERRY. JERRY.
send us your comments/complains: bill@manmademultimedia.com |
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