So what does that say about Ellis' treatment of Manafort?First, there can’t be a sentence without an investigation. After 9/11, the United States Department of Justice and the U.S. Attorney’s Offices that it controls shifted resources and focus from white-collar crime to drugs, guns, and immigration. [...] [C]omplex financial crimes—are time-consuming and resource-intensive. America picks who goes to jail when it picks whom to investigate—which is one of the reasons so few people involved in the 2008 Wall Street debacle went to jail.
Second, prosecutors have enormous power over who goes to jail and for how long. That power doesn’t just involve deciding who gets indicted. It involves deciding how he gets indicted. [...] Federal prosecutors can substantially shape a sentence by the plea deal they offer, choosing which parts of the sentencing guidelines apply. Prosecutors are more inclined to wield that power to benefit people like Manafort, not people charged with crimes involving drugs, blue-collar property crimes, and violence.
Third, Congress has given Ellis the power to give people like Manafort a break, but has denied him that power when the defendant is accused of many blue-collar crimes. Last year, Ellis sentenced a 37-year-old man named Frederick Turner to 40 years in federal prison for methamphetamine distribution. He had no choice: Congress passed laws making 40 years the mandatory minimum sentence.
[...]
Congress has passed mandatory minimum laws for drugs, guns, child abuse, and child porn. President Trump pushed for harsher mandatory minimum laws for immigration cases. [...] That judgment favors the rich at the expense of the poor.
Fourth, the U.S. sentencing guidelines treat some crimes more harshly than others, and though, unlike mandatory minimums, they are only recommendations, not strictures, they strongly influence judges. USA Today reported that fraud cases in Ellis’s district yielded an average sentence of 36 months, versus 66 months for firearms charges and 84 months for drug charges, all higher than the national average. Ellis announced that he was sentencing Manafort below the recommended guideline range because that range was far above what defendants received in similar cases. That is, in fact, a factor that he’s required by law to consider. [...] Judges give white-collar criminals lower sentences because white-collar criminals typically get lower sentences.
[...]
Fifth, money drives cases. Manafort’s criminal defense cost more than most defendants make in a lifetime. [...] An extremely experienced, qualified defense team with plenty of time makes a profound difference at every stage of a case. Even when rich people get convicted, money helps get them the best plea deals, the most persuasive sentencing presentations, and often the most lenient sentences.
Sixth, and finally, judges are human. Racism and bias of every sort play a role in the system, but it’s too simplistic to say the problem is that particular judges are racist. The problem is that judges give breaks to people with whom they can identify—people whose humanity they recognize.
Ken White
...but hey, do what you want...you will anyway.
UPDATE:
I had totally forgotten about this from August last year.
h/t Sarah Kendzior
We don't know who threatened Judge Ellis, but it's unlikely it was someone wanting him to put Manafort away. We do know that Roger Stone made a not-too-veiled threat against Judge Jackson in the form of a picture with crosshairs.
No comments:
Post a Comment