PARDONS 2.0

 First some sad news. Word reached us that retired Circuit Judge Martin Khan passed away on Thanksgiving. Martin Khan was a judge for too few years. He was wise, intelligent, and applied common sense with a good dose of humor, He was a judge during a time when judges did things - as he did- like have lasagne competitions and cookie bake-offs with defense and prosecutors participating. He was a fun person to be around and he loved his job and he loved doing justice. He had no discernible political bent on the bench and his eye was fully on the case and now how his decisions would affect his personal ambitions. There were too few like him then, and even fewer now. We will have more to say about him in a future post.

Our guest blogger found President Biden’s pardon of his son repulsive. We find it to be well taken, needed and hopefully will highlight the need for a closer examination of prosecutions and people serving long sentences from the 90s war on drugs. 

As to his son Hunter, the incoming administration has made no secret of its plans to seek revenge on their enemies by prosecuting them. President Biden had every reason to believe the incoming president would direct the DOJ to file more cases against his son as revenge for his multiple indictments. We are approaching a world where our justice system is going to be perverted by angry idiots who have never read the Constitution and have no intention on following it. More on that in January. 

What we hope is that the President turns his attention to the thousands  of people serving long sentences for non-violent drug crimes. Many of them have been in prison for 20,30,40 years and and it is time to set them free with a commutation.  Fair is fair, and these people have not been treated fairly. 

We also hope the President preemptively pardons former military officials, and current members of his administration who the incoming President and his brown-shirt like thugs have threatened. They have threatened to recall retired generals who protected the country and spoke out against the former and President-elects crimes and attempts to use the military against the citizens of this country. They have threatened to prosecute the media  who they call “enemies of the state” and they ascension to power is going to being very dark days indeed to this country. 

But for now, having protected his son, President Biden can commute the sentences of thousands of people serving non-violent drug crime sentences and allow them a chance at a life. 

PARDON MY FRENCH

NOTE for those of you unfamiliar with blogs RUMPOLE did not write this post! Guest blogger Scott Saul did. We have no problem with what President Biden did. And we hope he follows it up with hundreds of more pardons and commutations for people serving long drug related sentences. And to our Swifty fan - try reading before attacking. Less time on Snap and TikTok and more time reading books.

For everyone within the criminal justice system that aspires to simply do a “proper job”, how is it possible to coincide what we all should be aiming for, with the arbitrary favoritism exemplified by the executive pardon of Hunter Biden…or all the other friends and family of presidents, that are rewarded with a get-out-of-jail-for-free card?   

Hunter Biden's past conduct appears to be that of a degenerate that benefited simply by his last name and the connections that comes with it. As a family  man,  I cannot condone his lifestyle yet, at the same time, I have never seen a firearm prosecution like the one he went through.  I have always viewed his conviction with skepticism but, at the same time, being a Monday morning quarterback doesn't equate to being fully knowledgeable about the entire situation. The gun charge seemed to be a farce...but the failure to pay taxes...those are usually cut and dry cases.

However, whatever my personal feeling is about a case, the proper protocol is usually the jury has spoken and an unhappiness with a verdict is supposed to be left to the purview of the appellate system. That regular protocol is fine from a theoretical standpoint, yet this $%^&in’ (remember…my french) pardon system can embody a sickening , disproportionate style of justice that is no different from a blatant caste system.  With laws [theoretically] designed to create consistency with the application of the law, that blindfold upon Lady Justice looks awfully transparent. How can these arbitrary pardons be reconciled with what goes on in any courthouse? While I know it is improper to compare cases, doesn’t the institutionalized disproportion of cases trigger due process concerns for all ?  What happens when a similarly situated defendant remarks, “Why am I being prosecuted when Hunter Biden was able to have his day in court and, despite the verdict, just get a pardon?  

Can you blame a person's dissatisfaction and distrust with authority where there are clearly different standards depending  on your DNA ?  Would it be fair to argue that the government-promoted,  disproportionate treatment of a defendant is an affront to the whole criminal justice system?  I realize that this favoritism has always existed yet the ever increasing technology thrusts this issue into the public’s face more intensively than ever. Can you believe that last night, every network interrupted their regular broadcast for a “special report” on this event? I thought something substantial, like WWIII was going on.    

Look, as a father, I would do anything to protect my children and I do not blame President Biden for doing what he did; however, as a dedicated criminal defense attorney, I am repulsed.  

NFL WEEK 13 THANKFUL EDTION

 As we pass Thanksgiving, like nearly every blogger, we pause a moment to list what we are thankful for: 

Judges we are thankful for in 2024__________; Appellate decisions in 2024 we are thankful for:__________; Prosecutors we are thankful for in 2024: ______________. Get the drift?

Your Miami Dolphins are thankful for locking in a high draft pick in 2025 and not much else. Playoff teams win road games in Green Bay in November. The Fins lost and looked lost and this season, mostly by virtue of Tua's injury, is lost. Like it or not, when he's playing TT is a top ten QB and the Dolphins need him. 

Bills at -6 at home  and thankful for the snowy weather over a 49ers team facing a lost season like the Dolphins. 

Denver -6 at home and thankful for the snowy weather over a Cleveland team that reached its apex ten days ago on Thursday night. 

Philadelphia +3 on the road in Baltimore thankful for getting points for probably the last time in 2024/2025. Eagles are well on their way to an NFC Championship clash with the Lions. 

Don't bet the Christmas budget on these games, but the Seahawks getting a point over the hapless Jets in New Jersey and the Bucs on the road giving a big six over the Panthers.