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 2017 - Distributed by THE CALIFORNIA NETWORK
Pope Francis Prayer Intentions for AUGUST 2017
Artists. That artists of our time, through their ingenuity, may help everyone discover the beauty of creation.
Corrupt media censoring news of lawsuit against Democratic National Committee that allegedly committed FRAUD to nominate Hillary Clinton Watch
The media is ignoring a major lawsuit against the Democratic National Committee (DNC) and its former chairperson, Debbie Wasserman Schultz. ... continue reading
How many nuclear weapons are there in the world? 14,995 according to the US Defense Intelligence Agency. Up to 60 of those could be in the ... continue reading
Miami-Dade says it will comply with Trump, and is no longer a sanctuary for illegal immigrants Watch
Miami-Dade County is no longer a sanctuary for illegal immigrants. The city has sent a letter to the Trump administration to explain how ... continue reading
BIGGER THAN RUSSIA: Investigation reveals Obama spied on Trump associates and leaked secret information to media Watch
With all the talk about Trump and Russia colluding to smear Hillary Clinton prior to the election, it seems there is a more serious ... continue reading
President Trump has dismissed Anthony Scaramucci from his post as White House communications director. No explanation has been given and it ... continue reading
by Catholic Online
- Daily Readings for Thursday, August 17, 2017
- Get ready for self checkout everywhere: 3.5 million retail cashiers ...
- Should history be rewritten to appease the angry? HD Video
- North Korea launches purge against Christians as faith spreads across ...
- Pro-life wins in Texas with new law to protect religious freedom and ...
- Over 20 million people facing starvation - and we should care!
- St. Clare of Montefalco: Saint of the Day for Thursday, August 17, 2017
- Daily Reading for Friday, August 18th, 2017 HD
- Catholic Online YouTube HD
- Today is the Feast of the Assumption. Why do we celebrate it? HD
- North Korea backs down in face of U.S. threat, but why? HD