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November 1, 2017
"Trump labels US justice system 'laughing stock' "
In this post last night, I flagged the prospect of yesterday's NYC terror attack becoming the first big federal capital prosecution of the Trump era. But some sharp commenters surprised me by noting that it was not entirely clear that a federal criminal statute carrying the possibility of the death penalty was violated by Sayfullo Saipov. Moreover, as reflected in this new CNN article which carries the headline that serves as the title of this post, it is not entirely clear that Prez Trump would be content with having Sayfullo Saipov subject to federal prosecution in the same way as Boston Marathon bomber Dzhokhar Tsarnaev and Charleston church shooter Dylann Roof:
President Donald Trump called for "quick" and "strong" justice for terror suspects in the wake of the deadly New York City attack, saying that it is not surprising terror attacks happen because the way the United States punishes terrorists is "a laughing stock."
Tuesday's terror attack in New York was the city's deadliest since 9/11. Sayfullo Habibullaevic Saipov drove a rented van down a bike path, law enforcement sources have said. The attack killed six victims instantly, while two others died later. New York politicians and officials quickly labeled the incident a terror attack.
Trump's comments, made during a White House Cabinet meeting Wednesday, malign the justice system for a lack of toughness. Attorney General Jeff Sessions, the head of the so-called 'laughing stock' justice system, was in the room for this comment -- sitting across from Trump.
The President also said he would consider sending the attacker to the controversial prison at Guantanamo Bay. "We also have to come up with punishment that's far quicker and far greater than the punishment these animals are getting right now," Trump told reporters. "They'll go through court for years. And at the end, they'll be -- who knows what happens."
He added: "We need quick justice and we need strong justice -- much quicker and much stronger than we have right now. Because what we have right now is a joke and it's a laughing stock. And no wonder so much of this stuff takes place."
White House press secretary Sarah Sanders, defending the President, claimed during her Wednesday briefing with reporters that Trump said "the process has people calling us a joke and calling us a laughing stock" -- which is not what Trump said. Sanders also added that Trump was "voicing his frustration with the lengthy process that often comes with a case like this."...
Legal scholars are divided on whether Trump could actually send people to Guantanamo, with most acknowledging that such an action would set up an unprecedented constitutional showdown. Daphne Eviatar, the Human Rights Director with Amnesty International, slammed Trump's suggestion that he would consider sending Saipov to Guantanamo, stating that he was "a criminal suspect and should be treated as such by the US justice system."
Trump also derided political correctness in his Wednesday remarks, complaining that the country is "so politically correct that we're afraid to do anything."
Prior related post:
November 1, 2017 at 05:02 PM | Permalink
Comments
I call it a "crying" stock. You lawyers stink.
Harvard Law School radicalized Sen. Chuck Schumer is 100% responsible for this terror attack, and must resign. His law school is a national catastrophe, and must get shut down by force.
Then, politically correct Obama officials had the mass murderer in 2015, and released this Muslim terrorist. Obama also got radicalized at Harvard Law School. Shut it down, Mr. President.
Posted by: David Behar | Nov 1, 2017 9:17:35 PM
Trump says our criminal justice system is a laughing stock--thereby giving credence to the screed that ISIS spews. More drivel from the demented birther in Chief, the liar in chief; the perverted pussy-grabber in chief; the make-fun-of-the handicapped in chief; the narcissist in chief; the Russian agent in chief; the traitor in chief; snake-oil-salesman in chief; the dotard in chief; the xenophobe in chief; the I-would-date-my-daugher-in chief, the fascist in chief; misogynist in chief; tlhe conspirator in chief; the you'll-never see-my -tax-return in chief; the you'll-never-see-how much-in- debt to corrupt Ukranians and Russian oligarchs-I-am-in chief; the-you'll-never-see-the photos-of-the Russian ladies-peeing-on-me-in chief; the every-word-out-of-my-mouth-is-a-lie-in chief..
Posted by: anon12 | Nov 1, 2017 9:41:01 PM
Behar, get back in your straightjacket.
Posted by: Emily | Nov 1, 2017 9:42:26 PM
anon12, our moronic president (I choke as I say the word) is doing more to bring this country to its knees than any terrorist could do. If anything, your vivid description of his character is an understatement.
Posted by: Dave from Texas | Nov 1, 2017 9:45:39 PM
Cannot Mr. Behar be deported? Can he not be stripped of his citizenship?
Posted by: anon2 | Nov 1, 2017 9:48:27 PM
To follow-up a recent comment, there are federal charges per the NYT.
"The charges were filed in civilian court, and not the military system set up for foreign terrorists, a decision that flew in the face of Mr. Trump’s broadsides against the criminal justice system. Mr. Trump said he was open to trying Mr. Saipov instead in military court at the American prison at Guantánamo Bay, Cuba."
Trump's MAGA campaign slogan as Democrats noted suggested a certain distaste for our institutions at this current time. But, you know, peaceful protests at football games is the true way of being unpatriotic.
Posted by: Joe | Nov 1, 2017 10:02:24 PM
""Trump labels US justice system 'laughing stock' " Trump has made our country a laughing stock.
Posted by: Peter | Nov 1, 2017 10:04:19 PM
Anon12. Are you OK? You have given up on the traverse. You are getting a little upset. I suggest reviewing the value of your assets. It jumped 17% November, and this is only the beginning. Money is raining from the skies from the Trump Effect. Calm down, and get yourself a nice car with your profits.
Posted by: David Behar | Nov 1, 2017 11:55:57 PM
Emily. What is your occupation, if I may ask?
Posted by: David Behar | Nov 1, 2017 11:56:20 PM
Peter. I am sorry for your election loss. Every real American loves Donald Trump. Do you know why? Trump is making the money rain from the skies. If you are not a freak or a parasite, you are doing very well financially.
Posted by: David Behar | Nov 1, 2017 11:58:48 PM
Anon2. Can't you Clinton losers come up with a substantive argument, and not an ad hominem insult?
Posted by: David Behar | Nov 2, 2017 12:00:46 AM
Joe. Are you a lawyer? You do not sound as if you are. What is your occupation, if I may ask?
Posted by: David Behar | Nov 2, 2017 12:02:10 AM
Provided a link to the complaint but don't see it -- it's at Lawfare Blog.
Trump just tweeted this:
"NYC terrorist was happy as he asked to hang ISIS flag in his hospital room. He killed 8 people, badly injured 12. SHOULD GET DEATH PENALTY!"
That probably wasn't advisable.
Posted by: Joe | Nov 2, 2017 12:04:04 AM
Trump's trumpeting "DEATH PENALTY" does more to insure that that penalty will not be imposed than just about anything a defense lawyer could do.
Posted by: Emily | Nov 2, 2017 8:39:31 AM
So why are we sending this guy to Gitmo and not the Vegas shooter?
Ohhhhh riiiight.
Posted by: Guy | Nov 2, 2017 9:15:26 AM
Guy. The Vegas shooter killed himself. His body is being studied by coroners and neuropathologists. I like your idea, treat this terrorist the same. Send him to a coroner, and have neuropathologists study his brain.
Posted by: David Behar | Nov 2, 2017 9:31:28 AM
Emily makes a good point, which proves the original remark. Trivial loopholes, and stupid gotchas drive procedure in the stupidest and most radicalized profession in our nation. Emily's ad hominem arguments also illustrate the stupidity of this profession.
Posted by: David Behar | Nov 2, 2017 9:33:45 AM
Joe. Your remark shows the disloyalty of your profession to our country. Any judge that coddles this terrorist should be impeached, and driven out of the country.
Posted by: David Behar | Nov 2, 2017 9:35:08 AM
EmilyTrump's trumpeting "DEATH PENALTY" does more to insure that that penalty will not be imposed than just about anything a defense lawyer could do. writes, " She makes a powerful point.
Trump is the chief law enforcement officer of the land (he takes an oath to "take care" that the laws are faithfully executed). In a series of statements, he would have a permanent resident taken to Gitmo (he has since changed his mind) ; he has called our criminal justice system a "lauphing stock"; and he has alread twice called loudly for the death penalty to be imposed even before the defendant has been arraigned and tried. Trump's impulsive tweets have handed defense lawyers (assuming the defendant does not choose to represent himself) powerful arguments, one of which is that the potential jury pool is irreparably tainted. As a remedy, a federal judge could well take the death penalty off the table, an ironic result.
Posted by: Michael R. Levine | Nov 2, 2017 9:37:26 AM
Sorry for typo.
Emily writes above that Trump's trumpeting "DEATH PENALTY" does more to insure that that penalty will not be imposed than just about anything a defense lawyer could do. writes, " She makes a powerful point.
Trump is the chief law enforcement officer of the land (he takes an oath to "take care" that the laws are faithfully executed). In a series of statements, he would have a permanent resident taken to Gitmo (he has since changed his mind) ; he has called our criminal justice system a "lauphing stock"; and he has alread twice called loudly for the death penalty to be imposed even before the defendant has been arraigned and tried. Trump's impulsive tweets have handed defense lawyers (assuming the defendant does not choose to represent himself) powerful arguments, one of which is that the potential jury pool is irreparably tainted. As a remedy, a federal judge could well take the death penalty off the table, an ironic result.
Posted by: Michael R. Levine | Nov 2, 2017 9:42:45 AM
"The Guantanamo Bay military tribunals on Wednesday won their first conviction without a plea deal since 2008."
https://www.thedailybeast.com/gitmo-judge-convicts-us-generalbecause-he-stood-up-for-detainee-rights
Posted by: Joe | Nov 2, 2017 1:47:25 PM
" Trump's impulsive tweets have handed defense lawyers (assuming the defendant does not choose to represent himself) powerful arguments, one of which is that the potential jury pool is irreparably tainted. As a remedy, a federal judge could well take the death penalty off the table, an ironic result."
Oh please...this is some far-out wishful thinking. If jury pools were that easily tainted the system would never be able to enpanal any jury. The irrationality of the irrational hatred some people have for Trump is perhaps the most remarkable thing about Trump.
Posted by: Daniel | Nov 2, 2017 2:02:04 PM
Daniel, I don't think Mr. Levine's comment suggests an "irrational hatred for Trump." For all I know, he is a rabid Trump supporter. He simply pointed out that to score political points prosecutors sometimes give defense attorneys ammunition. And his suggestion that prosecutorial misconduct sometimes lead to a drastic judicial remedy is not so farfetched at all. While presenting entirely different facts, see the following case where the judge did just what Levine said: removed the death penalty as an option.
Judge Removes Death Penalty Option in Murder Case Because of Law Enforcement Cheating
R. Scott Moxley | August 18, 2017 | 10:20am
Saying it would be "unconscionable perhaps even cowardly" to ignore Orange County law enforcement's "chronic" corruption exposed during a controversial murder case, Superior Court Judge Thomas M. Goethals today removed the death penalty as a punishment option, prompting gasps in a packed Santa Ana courtroom.
"This court finds that [Tony Rackauckas' Orange County District Attorney's office and Sandra Hutchens' sheriff department] are unwilling or unable to comply with lawfully issued orders," Goethals said during a 38-minute hearing in People v. Scott Dekraai where he repeatedly spoke about the importance of the rule of law in the criminal justice system.
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"No agency is above the law," the judge, a former homicide prosecutor, said.
With a bank of Los Angeles-based TV news cameras nearby, Goethals took the opportunity to ridicule the Orange County Grand Jury's June report dismissing the snitch scandal as imaginary.
"The [sheriff's tainted] informant program is not a 'myth,'" he said.
Deputy Attorney General Michael T. Murphy, who assumed prosecution duties in the case after the judge recused Rackauckas and his entire office, was left dumbfounded that he lost his argument that allowing a future jury to order the execution of Dekraai was far more important than holding Orange County law enforcement accountable for corruption.
Though they didn't gloat, Assistant Public Defender Scott Sanders and his colleague on the case, Sara Ross, applauded Goethals' punishment ruling as appropriate and said their client regrets the pain he caused.
Meanwhile, the sheriff and DA issued lame press releases stating their disappointment and, as usual, pretending that the judge hadn't witnessed four years of remorseless perjury and evidence hiding by badged individuals.
Posted by: Dave from Texas | Nov 2, 2017 2:26:39 PM
Daniel, in response to Mr. Levine's comment, you write: "If jury pools were that easily tainted the system would never be able to enpanal any jury." That is true, but misses part of the argument. How do you think the federal judge presiding over the case, who hold lifetime tenure, will respond to Trump's comment that the criminal justice system is a "laughing stock" in terrorism cases? Hard to say. I for one would be pissed. Might grant a defense motion or two when you least expect it.
Posted by: anon21 | Nov 2, 2017 2:36:45 PM
Daniel, "irrational" hatred of Trump? Really: See below:
Poll: Almost half of Americans think Trump committed a crime related to Russian meddling
By NOLAN D. MCCASKILL
11/02/2017 02:43 PM EDT
Nearly half the respondents in an ABC News/Washington Post poll released Thursday afternoon believe President Donald Trump committed a crime during his run for the presidency.
Special counsel Robert Mueller, who in May took over an FBI probe of Russian meddling in the 2016 presidential election, announced indictments this week against former campaign chairman Paul Manafort and his deputy, Rick Gates, on charges including money laundering and making false statements. Both pleaded not guilty in federal court on Monday.
Another document unsealed Monday revealed that former campaign foreign policy adviser George Papadopoulos had pleaded guilty in October to lying to the FBI about outreach to Russia-related officials.
Forty-nine percent of those surveyed said they believe the president committed a crime related to Russia’s attempts to influence the election — 19 percent said they think there is solid evidence of it, while 30 percent said it’s only their suspicion. Forty-four percent said it’s unlikely that Trump committed a crime.
The president has repeatedly claimed that he’s not personally under investigation and that his campaign didn’t collude with Russia. He has also dismissed the probe as a “hoax” and a “witch hunt.” But the White House has said the president won’t try to defund Mueller’s probe, as former White House chief strategist Steve Bannon has suggested.
Nearly six-in-10, 58 percent, said they approve of the way Mueller is handling the investigation, while 28 percent said they disapprove. A little more than half, 51 percent, said they don’t think the president is cooperating with the probe, though 37 percent said they do think Trump is cooperating. Sixty-eight percent of respondents said they approve of the charges filed against Manafort.
Only 16 percent said they disapproved.
I'm afraid, it's only going to get worse. Nothing "irrational" about hating what this man is doing to our country, our values, our standing in the world.
Posted by: Harry from Illiois | Nov 2, 2017 3:05:06 PM
I see that the military judge in the Bergdahl trial dishonorably discharged him, but gave him no prison time. I have no doubt that draft-dodger Trump's (and the other right wing, arm-chair warriors) repeatedly calling Bergdahl a traitor who should be executed played a part in this independent judge's thinking. So, President Trump keep up your inane tweeting.
Posted by: Ted | Nov 3, 2017 4:08:47 PM
