Another blow to Obama! The President's war against American law suffers another setback
By Catholic Online (NEWS CONSORTIUM)
8/4/2014 (3 years ago)
Catholic Online (www.catholic.org)
An ambitious plan by President Barack Obama's administration to grant clemency to thousands of prisoners suffered a serious blow after federal courts ruled that the hundreds of federal public defenders and other court-appointed attorneys were not actually authorized to represent these inmates.
The American justice system has dealt another blow to Obama's continual unconstitutional power grab, blocking federally paid lawyers from representing clients who want clemency.
LOS ANGELES, CA (Catholic Online) - The decision was laid out in a memo written by the top lawyer for the Administrative Office of the Courts, effectively baring lawyers from drafting or submitting clemency petitions because the Constitution does not actually guarantee inmates the right to legal representation in such procedures.
General Counsel Robert Loesche wrote in a memo that was circulated to federal defenders and chief judges in all U.S. district and appellate courts that: "There is no Sixth Amendment right to counsel for purposes of seeking executive clemency and no statutory right, except in capital cases . there is no authority under the CJA [Criminal Justice Act] or other law to appoint counsel in non-capital clemency proceedings."
This interpretation means that federal defenders and court-appointed private attorneys can not be legally paid from representing clemency candidates, causing considerable setback for the coalition of legal and advocacy groups that have stepped in to lead the clemency effort on behalf of the Justice Department.
Groups that are a part of the Clemency Project include the National Association of Defense Lawyers, the American Civil Liberties Union, Families Against Mandatory Minimums and the American Bar Association.
"Public defenders have [been] and are involved in the [Justice] Department's clemency process, primarily through Clemency Project 2014 on a pro bono basis," a Justice Department spokesperson said. "We expect them to continue to have a robust role to play."
The memo went on to say that the Federal Public Defenders Organization would not be precluded "from screening its client files to identify individuals who may satisfy the criteria established under this initiative or from reviewing files to assist another attorney representing a clemency applicant" but that "actual representation would have to be provided by others."
Copyright 2018 - Distributed by THE CALIFORNIA NETWORK
Pope Francis Prayer Intentions for JANUARY 2018
Religious Minorities in Asia. That Christians, and other religious minorities in Asian countries, may be able to practise their faith in full freedom.
US President Donald Trump issued a proclamation declaring Jan. 16, 2018, as "religious freedom day." This date was chosen as it is the ... continue reading
Catholic leaders have responded to developments in the legal battle over the DACA program, including a court order maintaining legal ... continue reading
President Trump has ordered three B-2 stealth bombers to Guam, in a surprise show of force. It is unclear if the move has been planned for ... continue reading
The State Department on Thursday unveiled its list of countries designated as the worst offenders against religious liberty. Advocates of ... continue reading
On this Feast of the Holy Innocents let us demand that abortion is not health care. It is a barbaric practice masquerading as freedom. ... continue reading
by Catholic Online
- Cardinal Dolan asks the faithful to pray against 'powers of darkness' ...
- St. Agnes: Saint of the Day for Sunday, January 21, 2018
- Science is transforming the pro-life debate for the better HD Video
- Daily Reading for Monday, January 22nd, 2018 HD Video
- Daily Readings for Sunday, January 21, 2018
- 5 Things You Need To Know About 'Offering A Mass' For A Loved One
- Most Americans want abortion restricted, if not outlawed
- Daily Reading for Tuesday, January 23rd, 2018 HD
- Daily Reading for Sunday, January 21st, 2018 HD
- Jobless claims are down - what does that mean for workers? HD
- Daily Reading for Saturday, January 20th, 2018 HD
Learn about Catholic world
Inform - Inspire - Ignite
Catholic Online Saints
Your saints explained
Catholic Online Prayers
Prayers for every need
Catholic Online Bible
Complete bible online
Catholic Online News
Your news Catholic eye
Today's bible reading
Products and services we offer
Catholic Online Shopping
Catholic medals, gifts & books
The California Network
Inspiring streaming service
Learn the Catholic way
Teacher lesson plans & resources
Support Free Education
Tax deductible support Free education