Federal judge says Ashcroft is intimidating judiciary

[dwmcqueen]

Although this comes as no surprise, I have linked to text file containing a decision by a federal district court judge, who notes that he will not grant a downward departure in this case due to intimidation tactics and reporting requirements that come from the AG thru Congress. Look at the relevant portion after the sentence "Our justice system depends on a fair and impartial judiciary that is free from intimidation from the other branches of government."

I am not sure of your background, but "downward departure" is a federal court's imposition of a lighter sentence than the standard guidelines propose when, given the evidence of the individual's past, the court feels is justified.

http://www.cytopia.cc/du/uskirsch.txt

[DUreader]

1. I don't know how to mirror but I know how to kick

kick

[dwmcqueen]

2. ??

Kick?

[ixion]

3. here's a mirror link in txt format...

http://www.cytopia.cc/du/uskirsch.txt

[dwmcqueen]

4. Thanks...

I editted my main message for this...

[Hippo_Tron]

5. What power does ashcroft have over the judiciary...

The only way they can be removed is by impeachment and congress is not going to start impeaching judges left and right. If I were a judge I'd tell ashcroft to go fuck himself.

[dwmcqueen]

6. I think it is rather indirect

The decision outlines what can happen to someone who deviates...

[conservdem]

7. This judge identifies the issue well, but

I seriously question whether he is qualified to continue in his position. By his admission, he is too "intimidated" and "scared" to allow downward departures to a defendant's sentence. He has an obligation to exercise his discretion in considering requests for downward departures. He has a lifetime appointment that should give him the independance and security to do the right thing.

[dwmcqueen]

8. Yeah..

Good point - though vocal expression of intimidation really isn't being intimidated.