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Tuesday, February 18, 2020

Memo to defense attorneys everywhere: You've got a friend in Attorney General Bill Barr.

The tough-on-crime face the guy puts on is just an act. In reality, Barr is on your side. In fact, it was on his orders that the Justice Department last week advanced a remarkably pro-defendant position in the prosecution of Roger Stone"a position just waiting for countless defense lawyers around the country to try to exploit in their own cases.

Got a client who's old or in not-so-great health? Barr wants to help.

Got a non-violent client whose sentencing enhancement factors under the Federal Sentencing Guidelines would "disproportionately escalate [his or her] sentencing exposure to an offense level" associated with violent crime? Barr cares.

Did your client's victim minimize the threat your client posed to him? Barr wants the courts to take account of that in sentencing.


Comments

#8

Innovators are on it. www.google.com

No "appreciation" to the Buffoon required.

... the state of Texas had nothing to do with it.

You should tell that to the Court of Appeals Second Appellate District of Texas at Fort Worth that wrote the opinion this story to about. www.search.txcourts.gov

Seriously dude, stop writing about legal matters. It's obvious you don't have a ---- clue.

... y'all are going to tell me that this was an all white jury?

It was a bench trial. Like I said, no ---- clue.

... laws about grand juries.

You mean laws like 18 U.S. Code 3322, Disclosure of certain matters occurring before grand jury and Rule 6(e)(3)(A)(ii) of the Federal Rules of Criminal Procedure. You can find further explication of part of the exceptions to secrecy at this paper published by the Congressional Research Service, Federal Grand Jury Secrecy: Legal Principles and Implications for Congressional Oversight

Bottom line, privacy of grand jury testimony ain't absolute. Never has been.

It's easier for ex-felons to get their gun rights restored than their voting rights restored.

Speaking from your a**.

Although federal law provides a means for the relief of firearms disabilities, ATF's annual appropriation since October 1992 has prohibited the expending of any funds to investigate or act upon applications for relief from federal firearms disabilities submitted by individuals. As long as this provision is included in current ATF appropriations, ATF cannot act upon applications for relief from federal firearms disabilities submitted by individuals. www.atf.gov

With respect to Federal felony convictions, the Supreme Court declared in Beecham v. United States, 511 U.S. 368 (1994), that only Federal law can nullify the effect of the conviction through expungement, pardon, or restoration of civil rights. This is so, the Court ruled, even though there is no Federal procedure for restoring the civil rights of Federal felons. www.justice.gov

In other words, federal gun rights cannot be restored.

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