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July 15, 2010

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Captain Hate

We've got too many active threads; can't you get writer's cramp, TM?

Clarice

Maybe he handed if off to Obama's pupil in the Civil Rights Division, Ms Fernandez.

After all Holder has history of botching up these international extradition cases in one way or another--the lost Russian spy in Cyprus where DoJ didn't convey to the Cypriots this was a spy case;;;the Rich pardon where Holder played fast and lose with the facts and bypassed the pardon office.

BobDenver

Meh.

Janesquaredance

Holder did it. I have no doubt. The only question is what he got in return.

Just more Chicago politics.

Clarice

A two weekfreestay in a glorious chalet in Gstaad?


A starring role opposite Natasha Kinsky?


The Hollywood Childrens Defense Fund Award for Humanitarian Service on behalf of Younguns ..

Parking  Lot

in a world where a grown man having sex with a 13 year old girl who has been fed booze and drugs is called consensual, anything is possible, and nothing would surprise me.

Ignatz

--We've got too many active threads; can't you get writer's cramp, TM?--

Writer's cramp is old hat, Hate.
You need to wish carpal tunnel on him.

Jim

Look, holder didn't have any problem working to free terrorists for clinton's election. Why should he have any problem working to free someone who is only a child rapist?

If they didn't stage this on purpose, they probably put their reliable f**kup on the project.

Captain Hate

Probably Mark Rich ponied up some swag to free poor Roman...

lyle

Want to hear something somewhat but not completely OT?

I was at a resort north of Phoenix in Mar., reading by the pool and guess who saunters by with the family in tow?

Eric Holder.

Why mention this? Because among the throng was two or three teenage girls whom I assumed where his daughters. One looked to be roughly...thirteen. Which begs the question--not just of Holder--but of all the Hollywood glitterassholes: How would you feel about a 50 or so year old guy drugging and raping your daughter?

lyle

And, yes, the very idea of Holder on a vacay in AZ is priceless...now.

Captain Hate

How would you feel about a 50 or so year old guy drugging and raping your daughter?

They don't think like we do

lyle

Holder also ate dinner in the golf club restaurant that same night. I know because I did too with the lyle-wife and her sister and BIL.

They had cleared about a two-table perimeter for the AG and (again, I think it's a safe assumption) two of his daughters and seated them with a wide-open view from the table full of security dudes sitting immediately to my right.

My SIL says--only half-jokingly--"I'm going to go talk to him (Holder)."

Me: "No, you're not and these cats with the really thick necks wearing the very loose-fitting Hawaiin shirts will most assuredly see to that."

Trust me, I'm a banker

Isn't this all just karma from bullying UBS around last year?

glasater

Heh--Trust me...

It could be -- but I'll wait for Old Lurker's analysis on that front.

JM Hanes

"I don't think Holder has the competence to pull off this sort of staged blunder, even if he had the inclination."

I can't imagine why not. Just Don't Do It is this DoJ's motto. Just ignore the subpoena. Just promise to get back to you. Just don't answer the phone. Here's Christian Adams on Tuesday:

If this Justice Department was truly interested in enforcing the law in a race-neutral fashion, they could stop Brown’s discriminatory scheme for the cost of a postage stamp. A simple objection letter would prevent him from implementing a practice Judge Lee already has found to violate the law.
Just don't send it -- which they didn't.

narciso the harpoon

I guess this fits in as this thread as any

altered {/a}

narciso the harpoon

Wrong LUN

Sweep it clean.

These people are like sorcerer's apprentices with the Law.
====================

sylvia

"I don't think Holder has the competence to pull off this sort of staged blunder, even if he had the inclination. "

I do. Besides he probably didn't do it personally, he just gave it the tacit okay and other lower level oeople did it for him. Man I thought the story was weird before and now it makes sense. That is messed up.

Well even my experience with small claims court has shown me how easy it is to manipulate procedures and get the big guys, or your friends, out. Basically the law seems to be meaningless for a large portion of the country.

Mostly because it is so complicated, and has so little authorities to really enforce it, or in other words, it's up to a judge and no one else has any say about it, and half the time the judge doesn't even know what's going on and the legal people around him don't seem to know what is going on so, it is so easy for someone to step in and to fool people with some bogus legal mumbo jumbo. Contrary to its lofty image, real life law is a joke.

And speaking of law, what I still don't understand, and maybe will look up later, is why Roman complains about the judge changing the sentence. I have seen little legal examination of this, and usually legal explanations come out the wazoo (sp?). Couldn't Roman just have withdrawn his plea then? So even IF the judge did that, I'm sure there are remedies for that, other than fleeing the country.

sylvia

As usual, google is your friend. After a quick search I saw on a legal site:

"Regardless of whether or not you’ve been sentenced, there may be a way to withdraw your California guilty plea and seek true justice in your criminal case.

There may be compelling reasons to withdraw your guilty plea in your California criminal case. You may have felt like you were coerced into pleading guilty or didn’t fully understand the proceedings against you. If your attorney can establish good cause, the court will likely allow you to withdraw your plea.

There are specific legal grounds for withdrawing a guilty plea, which may include ineffective assistance of counsel, failure to advise you of your constitutional rights or the consequences of your plea, or a plea made as the result of “mistake, ignorance, inadvertence, or some other factor.”

If the court does approve your petition to withdraw your guilty plea in your California criminal case, there are consequences to doing so – most notably that your case will be restarted and you must prepare to face trial or negotiate another, more favorable plea bargain."


Wow, people are stupid. So many people all over the world, Hollywood actors, and governments, are believing Polanski whining about an unfair sentence from the judge after he pled. Well, ALL he had to do was withdraw his plea and go to trial. And I'm sure his expert lawyers could have come up with a reason for his plea withdrawal, it doesn't sound that hard to do.

And all the people who believe Polanski had to do was do a quick google search on the subject. Pathetic.

JamesH

Sylvia, Polanski's lawyers aren't complaining that the court won't let him withdraw his guilty plea, they're complaining that the court won't live by the terms of the plea bargain. They claim that his 42 days of psychiatric evaluation completed his sentence and that therefore the US request for extradition should be rejected as the sentence was served.

There seems to be enough evidence of judicial or prosecutorial misconduct here for the Swiss to say justice wasn't done. Everyone thinks the sentence for child rape should be more than 42 days so we should all be in agreement on that point. The Swiss have simply declined to be party to what looks like a miscarriage of justice.

Holder surely knows lots of other lawyers, some of whom take the opposite sides of cases from DOJ on a regular basis. Simply hiring a friend of the AG shouldn't make one expect a favorable outcome.

We should probably think about this case from the Swiss perspective, not the LA perspective. The Swiss were annoyed with us over the UBS matter. The Polanski case was inactive for 30 years so it looks like someone with an agenda revived it. Polanski's guilty plea came from a plea bargain. Plea bargains are common in the US but regarded with suspicion in most of the world. The victim is on the record opposing extradition. Add it up and it's an easy decision to reject extradition.

Captain Hate

The Polanski case was inactive for 30 years so it looks like someone with an agenda revived it.

That's an ignorant way to view it; he put himself in an untouchable situation and then screwed up. The only "agenda" is by those that contort logic to excuse what Polanski did.

sylvia

Polanski's lawyers aren't complaining that "the court won't let him withdraw his guilty plea, they're complaining that the court won't live by the terms of the plea bargain."

Well then if they let him, why didn't he withdraw his plea and go to trial like other people do?


"They claim that his 42 days of psychiatric evaluation completed his sentence and that therefore the US request for extradition should be rejected as the sentence was served."

This is ridiculous. It seems he served his 42 days before his sentencing. That was his choice and his gamble to do that. No judge would be bound by that, for one thing it wasn't JAIL, and the judge didn't accept it, and rightly so.

So, in that case, either serve another 42 days in jail, or, withdraw the plea and take your chances in court. This country has no duty to make sure Polanski has a cushy deal, above and beyond others.

The fact that the worls accepts this easily transparent bs illustrates Tom's earlier post that facts don't matter in an argument and that people will believe what they want to believe.

Rob Crawford

Sylvia sure seems to have a soft spot in her heart for rapists and druggies.

Rob Crawford

Oops, my bad -- apologies, sylvia, for once you're not the one defending the pervert.

Ignatz

--The Polanski case was inactive for 30 years so it looks like someone with an agenda revived it.--

That is not correct. His extradition has been actively sought since his flight.

JamesH

Polanski has been the subject of a fugitive warrant in California since he fled. The US government has not been actively seeking his extradition for the last 35 years. France does extradite fugitives, for example Ira Einhorn.

Polanski's psychiatric evaluation was carried out in a prison, at Chico. Besides being angry at Polanski, one should also be angry with the prosecutors who cut the plea bargain and the shrinks who found him not a danger to the community.

The American legal system isn't highly regarded in much of the world. We have plea bargains which foreign observers think lead to overcharging and duress against unpopular defendents. We have a right not to testify against oneself. Most countries expect defendents to give truthful testimony in response to any questions. We have juries decide damages in civil trials. The Scottish widows are worried that a jury somewhere along the Gulf will award the full value of BP a plaintiff. We have contingency pay for lawyers, a form of profit sharing that is barred most places. In most countries the loser pays costs, while in the US you pay for your own lawyer. State and local judges are elected politicians in most US jurisdictions. It's not hard to see why foreign courts don't give much weight to US judicial proceedings.

Rob Crawford

James, much of that will never be changed, because the left dearly loves the trial lawyers. Agents of redistribution, ya know.

Ignatz

--France does extradite fugitives, for example Ira Einhorn.--

Yeah, but they made it quite clear they would never extradite Polanski, hence the seeming inactivity. But somebody obviously was keeping an eye on him.

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