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Do contributions from Lindsey Graham’s PAC and Trump’s communications with senators constitute jury tampering?

Posted in Campaign Contributions, Corruption, Courts, Ethics, Senate on November 5, 2019| 5 Comments »

Google the definition of jury tampering and you get several hits, all of which say the same thing. I have chosen to include the following definition from the web page of USLegal:

  • A person commits the crime of jury tampering if, with intent to influence a juror’s vote, opinion, decision or other action in the case, he attempts directly or indirectly to communicate with a juror other than as part of the proceedings in the trial of the case. Jury tampering may be committed by conducting conversations about the case outside the court, offering bribes, making threats or asking acquaintances to communicate with a juror. (emphasis mine)
  • A juror includes any person who is a member of any jury, including a grand jury, impaneled by any court or by any public servant authorized by law to impanel a jury. The term juror also includes any person who has been summoned or whose name has been drawn to attend as a prospective juror. (emphasis mine)

Certainly, I am not an attorney nor am I a legal scholar by any stretch of the imagination.

But if the House does ultimately approve articles of impeachment for President Donald Trump—which now seems inevitable—then the question of jury tampering could conceivably arise, which could explain why Mitch McConnell advised Trump to back off his tactic of CRITICIZING SENATORS who may soon be sitting in judgment of him.

As a disclaimer, let me say up front this is not a partisan essay but a legitimate question about a legal conundrum that may need to be addressed down the road if the laws concerning jury tampering are to be enforced across the board at all levels of jurisprudence.

The potential problem revolves around the fact that (a) the House, which will have to vote to impeach, will act in the same role as a grand jury does when it indicts an individual and (b) the Senate will serve as the jury in the trial that would follow.

That means that every member of Congress—435 House members and 100 senators—would be serving at some point as either a member of the grand jury (House) or the petit jury (Senate).

So, when Trump goes tweets any criticism of any representative or senator over the issue of impeachment, is he committing the crime of jury tampering? When he says Republicans need to “GET TOUGHER AND FIGHT” on impeachment, could that be considered an attempt to influence a juror’s vote?

Sen. Lindsey Graham (R-South Carolina) is one of Trump’s more vocal supporters who championed the impeachment of Bill Clinton but now rails against a similar move to impeach a president from his own party.

And Graham’s sometimes steadfast defense of Trump and his strident criticism of the impeachment hearings creates a glaring jury tampering problem in its own right.

You see, Graham heads up a political action committee (PAC) called FUND FOR AMERICA’S FUTURE. In fact, on the PAC’s web page is a quote from Graham: “I helped establish Fund for America’s Future several years ago to support conservative candidates for federal and state office. We will work hard to grow the Republican Party and chip away at the Democrats’ control of Washington.”

And as Shakespeare wrote in Hamlet, “Ay, there’s the rub” (often misquoted as “Therein lies the rub”).

Of 21 Republican senators up for reelection next year, 15 have accepted $110,000 between them from Fund for America’s Future this year alone—all since the subject of impeachment was first broached inside the Beltway. These senators, with the amounts they received, include:

  • Dan Sullivan, Alaska: $10,000;
  • Tom Cotton, Arkansas: $5,000;
  • Cory Gardner, Colorado: $5,000;
  • David Perdue, Georgia: $10,000;
  • Joni Ernst, Iowa: $10,000;
  • Mitch McConnell: $10,000;
  • Susan Collins, Maine: $5,000;
  • Cindy Hyde-Smith, Mississippi: $5,000;
  • Steve Daines, Montana: $10,000;
  • Ben Sasse, Nebraska: $5,000;
  • Thom Tillis, North Carolina: $5,000;
  • Jim Inhofe, Ohio: $5,000;
  • Lamar Alexander, Tennessee: $10,000;
  • John Cornyn, Texas: $10,000;
  • Shelley Moore Capito, West Virginia: $5,000.

Louisiana Sen. Bill Cassidy had no contributions from Graham’s PAC, though he did receive $11,200 from Miriam and Sheldon Adelson, the Las Vegas Republican power brokers. Several other senators also received contributions from the father and daughter from Nevada.

Additionally, several senators received contributions from Citizens United Political Victory Fund. That’s the PAC that convinced the SUPREME COURT to remove limits on corporations spending on political campaigns, a decision that led to the creation of super PACs.

Interestingly Citizens United Political Victory Fund provided compensation of an undetermined amount to Kellyanne Conway, who never passes up an opportunity appear on Fox News to defend Trump and to attack the impeachment hearings. No explanation was provided as to the purpose of that payment to her. That compensation, of course, further clouds the issue of jury tampering.

Cotton ($5,000), Daines ($10,000), and Graham ($5,000) also received funding from Citizens United Political Victory Fund while 10 received contributions from Citizens for Prosperity in America PAC, an organization that contributes 100 percent to Republican causes and candidates. Those included:

  • Sullivan: $15,000;
  • Gardner: $5,000;
  • Perdue: $10,000;
  • Ernst: $10,000;
  • McConnell: $5,000;
  • Daines: $5,000;
  • Tillis: $10,000;
  • Inhofe: $5,000;
  • Graham: $5,000;
  • Cornyn: $11,600.

Money is never given to any politician without the expectation of something in return. And inasmuch as these senators received these contributions this year with the full knowledge that they would likely be sitting as a jury in judgment of fellow Republican Trump, the question of (wait for it) quid pro quo comes into play and that would appear to constitute jury tampering.

In 1929, the Louisiana legislature voted to impeach Gov. Huey Long but he pulled a brilliant move that guaranteed victory. He convinced 15 senators to sign a pledge, the so-called “ROUND ROBIN” not to vote to convict. They were later rewarded with state jobs and other favors with some even alleged to have been paid in cash or given lavish gifts. That certainly was jury tampering by every definition of the term.

As far as we know, Trump has yet to attempt to get 34 senators to sign such a pledge.

As far as we know.

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Number of ICE detainees in Louisiana increases threefold in six months: it’s a cash-cow enterprise driven by pure greed

Posted in Corruption, Courts, Ethics, Politicians, Prison on November 1, 2019| 13 Comments »

Last May, The New Orleans Advocate published a STORY that put the number of Immigration and Customs Enforcement (ICE) detainees in Louisiana at 2,800.

Today, just six months later, that number has trebled to 9,000.

That dramatic increase could be tied to the sudden disappearance of thousands of detainees in Brownsville, Texas, who were rumored to have been quietly transferred to Louisiana which now ranks second only to Texas in the number of ICE detainees.

A big part of the reason for the surge is pure economics.

The Louisiana Department of Corrections pays local sheriffs and private prisons $24.39 to house its prisoners while ICE’s rate is more than double that, at $65 a day.

And the profits don’t stop with the daily rates paid by ICE. Exorbitant rates charged by private telephone companies, private- or sheriff department-run commissaries that gouge prisoners for snacks and soft drinks, and private companies that provide ankle monitors are cashing in on both DOC prisoners and ICE detainees.

In short, local facilities, whether operated by private companies like LASALLE CORRECTIONS, headquartered in Ruston (even its EMPLOYEES give it overall poor reviews), GEO, or local sheriffs—and the aforementioned affiliated suppliers—have discovered a cash cow.

One privately-run local prison no longer even takes DOC prisoners, choosing instead to go for the bigger payout.

And of course, the private companies that run prisons, operate telephone services, sell concessions and provide the ankle monitors haven’t forgotten to grease the skids via generous campaign contributions to the elected officials who continue to approve the arrangements and everyone comes away happy.

Almost everyone, that is.

Forgotten in the ringing of the cash registers for those entities has been the general welfare of the detainees.

With 1,600 detainees in Jena, 1,000 each in Richwood, Basile, and Jonesboro, 1,400 in Winnfield, 1,100 in Pine Prairie, 835 in Ferriday, 755 in Jena, and 250 in Plain Dealing, overcrowding is a real issue. And little has been done to address that problem.

At Richwood, for example, 98 detainees are housed in a single room and there are only four toilets with no privacy. Beds are stacked three high along the walls of the room with bunk beds placed down the middle of the room. Detainees are awakened at 4 a.m. for breakfast and are given only 40 minutes per day outside. One observer said the men “get so hopeless and desperate, they just start screaming.”

Hardened criminals at the Louisiana State Penitentiary at Angola receive better treatment.

Recently, the warden at Richwood was replaced after a detainee committed SUICIDE.

Other atrocities attributed to LaSalle were cited in an ONLINE STORY by Vice.com. These included moldy food, poor training of guards, physical abuse of migrants, and lack of medical care.

A demonstration is planned tomorrow (Saturday) at Richwood for whatever good it might do. If a detainee is identified by the media, he is at risk for reprisals, according to the observer who spoke on condition of confidentiality for that very reason.

Nell Hahn, a retired Lafayette attorney with the Louisiana Advocates for Immigrant and Detention (LA-AID), spoke to a group of detainee advocates at the Ruston Presbyterian Church last Saturday.

She said billions of dollars are being wasted on imprisoning those “whose only offense is that they have no legal documentation. They have committed no crimes,” she said.

The detainees are housed in such remote places as Jonesboro, Jena, Ferriday, Winnfield, Pine Prairie, and Oberlin in part because keeping them in such remote places makes it difficult for them to obtain legal representation from attorneys like Lara Nochomovitz of Cleveland, Ohio, who, nevertheless represents clients at Richwood, Plain Dealing and Jonesboro.

The Southern Poverty Law Center purchased a house in Jena in order to serve as a place for attorneys to stay while working on cases—and for immigrants’ families to stay free of charge.

Still, immigration judges who hear Louisiana cases have unusually high rates of denials of petitions for asylum from detainees.

It’s one thing to protect our borders and no one would argue that. But to keep detainees, including children, in inhuman conditions with inadequate toiletries, bedding, food and exercise, caged like rats, is not what this country is supposed to be about.

And lest the argument crops up that the illegal immigrants are taking jobs from Americans, let’s be clear: They have not taken a single job. Those jobs were “taken” by the employers who run the roofing companies, construction companies and the chicken processing plants, and who give the jobs to the illegals.

As long as they give the low-paying jobs to illegals, the problem will persist.

Like the futile war on drugs, as long as there is a demand, there will be a supply.

 

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Two publications, two versions of dispute between Judge Lori Landry & District Attorney Bo Duhé in Iberia Parish

Posted in Corruption, Courts, Ethics, Judges on October 30, 2019| 1 Comment »

Iberia Parish continues to generate negative publicity that only serves to underscore the racial divide in that parish. This time, though, it’s not the sheriff’s office but the office of District Attorney Bo Duhé and instead of silencing African-American prisoners, Duhé’s office is attempting to undercut the authority of an African-American judge

Sarah Lustbader, writing for http://theappeal.org/, described on Tuesday the legal effort of the DA’s office to force the recusal of 16th Judicial District Judge Lori Landry from more than 300 criminal cases.

On Wednesday, Katie Gagliano, writing for the Acadiana Advocate, put a slightly different spin (the DA’s spin, as contained in Duhé’s office’s legal filings) on the same story.

While Gagliano’s STORY dealt with confrontations between Judge Landry and attorneys for the district attorney’s office, Lustbader chose to hard statistics that reflect harsher penalties for blacks who commit felonies than for their white counterparts. You can read that story by going HERE.

But there’s more to the story—as there nearly always is.

And it’s not that First Assistant DA Robert Vines, who is white, filed the recusal motion—the same Robert Vines who was named LEAD PROSECUTOR in a case involving alleged illegal manipulation of the Cypress Bayou Casino’s employee and payroll databases.

Cypress Bayou Casino is run by the Chitimacha Indian Tribe in St. Mary Parish and in June 2016, the tribe’s chairman, O’Neil Darden, Jr., was arrested by State Police on charges of felony theft, accused of stealing from the tribe by tinkering with the casino’s data bases that resulted in his receiving an “annual bonus” of several thousand dollars to which he was not entitled.

The only problem with Vines serving as lead prosecutor in that case is that Darden hired Vines in January 2016, six months before his arrest, as prosecutor for the Chitimacha Tribal Court.

Apparently, the question of recusal never came up in that case.

Of course, the Cypress Bayou Casino case is not related to the latest controversy arising in the DA’s office, but it does illustrate how the district attorney’s office—along with the office of Sheriff Louis Ackal—operates as a law unto itself.

As further illustration of the manner in which justice has been turned on its ear in Iberia, there is the case of DONALD BROUSSARD. In July 2016, Broussard, who had begun a drive to recall Sheriff Ackal, was rear-ended in adjacent Lafayette Parish by a hit-and-run driver named Rakeem Blakes.

Broussard followed Blakes, getting close enough to read the license number, which he gave to a 911 dispatcher before falling back. Moments later, after entering Iberia Parish, Blakes was killed when he collided with an 18-wheeler.

Broussard was subsequently indicted for manslaughter by Duhé and sentenced to four years hard labor. Thus, the message was sent loud and clear: Broussard, a black man, should have known better than to initiate a recall of Ackal.

So, there is obvious acrimony between Judge Landry and Duhé’s office, but when one looks beyond the legal motions filed by Vines and analyzes the data provided by Lustbader, it’s easier to understand why there might be some undercurrent of resentment in Iberia Parish’s black community.

There is a real disparity in the manner in which justice is meted out and there has been little effort to address that disparity.

The Appeal is a non-profit media organization that produces original journalism about criminal justice that is focused on the most significant drivers of mass incarceration, which occur at the state and local level.

Its job is to address that disparity.

Duhé’s job, apparently, is not.

 

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Louisiana author Aimee Edmondson’s book ‘In Sullivan’s Shadow’ examines landmark case vital to press freedom

Posted in Book Review, Corruption, Courts, Lawsuits, LSU, TV News on October 25, 2019| 1 Comment »

For those who prefer the fast-paced action of James Patterson, John Grisham or James Lee Burke, In Sullivan’s Shadow isn’t for you.

But if you are a political junkie with an eye for a scholarly work about a landmark U.S. Supreme Court case that was key to the simultaneous support of the First Amendment and the American civil rights movement, then you will definitely fine In Sullivan’s Shadow riveting reading.

Author Aimee Edmondson, a native of East Carroll Parish, never really appreciated the stark reality of having grown up sheltered from exposure to blacks, attending as she did, an all-white private school, until she bumped into an African-American student from her home town her freshman year at LSU. Only then did she realize that even in a small town like Lake Providence, they had grown up worlds apart. When she innocently observed that she didn’t attend public school back home, he simply shook his head and said, “No s**t.”

Edmondson, who teaches journalism at the E.W. Scripps School of Journalism at Ohio University, has crawled back through the legal archives of civil rights litigation to give us a long-awaited examination of SLAPP (Strategic Litigation Against Public Participation) lawsuits used as weapons against national publications like Time, The New York Times, Look, Life, The Saturday Evening Post, and even The Ladies’ Home Journal and bold local editors who saw resistance to the civil rights movement for what it was: a desperate attempt to keep blacks “in their place” while preserving the comfortable—and separate—lifestyles of whites.

While local television stations in the South would display “Technical Difficulties” on viewers’ screens whenever their networks would air footage of blacks being beaten in Southern bus stations, the national publications—and to a lesser extent, courageous small town editors like Hodding Carter, Buford Boone and Hazel Brannon Smith—were providing graphic coverage that left people like Lester Sullivan, Theophilus Eugene “Bull” Connor, Lawrence A. Rainey, and retired Army Gen. Edwin Walker in a litigious mood.

Sullivan was Commissioner of the Police and Fire Department of Montgomery, Alabama, Connor was Birmingham Police Commissioner, and Rainey was Sheriff of Neshoba County, Mississippi.

In a series of separate SLAPP filings, they launched a full-scale attack on the national publications, CBS News, CBS reporter Howard K. Smith, himself a native of Ferriday, Louisiana, and local newspapers that dared to take a stand against arrests, beatings, arson, and even murders. And of course, black newspapers and civil rights leaders were not exempt from the costly litigation.

Edmondson calls up some familiar names when she describes how the struggle for equality made its way to Baton Rouge. Names like Police Chief Wingate White, U.S. District Court Judge E. Gordon West, 19th Judicial District Court Judge Fred LeBlanc, and District Attorney Sargent Pitcher, Jr., Mayor John Christian, and Rev. Arthur L Jelks surface in her recounting of the volatile struggle.

She even manages to provide us with a brief account of the ongoing battles between blacks and Iberia Parish Sheriff Louis Ackal.

But more than just a rehashing of police dogs, fire hoses and clubs, Edmondson’s book focuses more on the legal struggles that came out of the multitude of SLAPP actions brought by Sullivan, Connor, Rainey, and Walker.

In frightening detail, she shows how these lawsuits bullied CBS into a public apology for Smith’s reporting and how editors at The New York Times genuinely feared for the financial existence of the publication should it lose its landmark case brought by Sullivan.

But then, in 1964, the U.S. Supreme Court ruled that even if a publication had factual errors in its reporting on a public official, that public official must show that the publication new its story was false and published it anyway, with malice and reckless disregard for the truth.

But then, when Gen. Walker sued over stories that he instigated rioting during the integration of the University of Mississippi, the Supreme Court went a bit further in declaring that Sullivan protected publications from litigation not only from public officials, but from public figures, as well, thus cementing the right of freedom of the press.

In Sullivan’s Shadow is a must-read for political junkies, especially in a time when the adversarial relationship between the media and public officials–particularly on the national stage—is more acrimonious than it’s been since Montgomery, Birmingham and Neshoba County.

 

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Former BR hospital foundation head gets 33 months for embezzling $800k; a good thing it wasn’t for two joints

Posted in Corruption, Courts, Crime, Ethics, Governor's Office, Judges, LSU, Prison on October 24, 2019| 8 Comments »

John Paul Funes walked into federal district court in Baton Rouge on Thursday, not in an orange prison jump suit but in a dark business suit with a nicely-pressed blue shirt accented by a pink tie, for his sentencing in connection with his EMBEZZLEMENT of nearly $800,000 from a Baton Rouge hospital foundation—a children’s hospital foundation at that—and received a whopping 33 months in prison.

Funes, 49, was already receiving more than $350,000 per year in salary from the foundation he headed but that, apparently, was not enough.

He could have been sentenced to up to 20 years in prison for his transgressions but U.S. District Judge John deGravelles, who earlier accepted Funes’ guilty pleas, apparently felt that 33 months was punishment enough for the white-collar crimes of wire fraud and money laundering.

Contrast that, if you will, with the sentence handed down to one BERNARD NOBLE, an African-American not pulling down $350 thou a year.

Back in 2010, he was arrested while biking in New Orleans—a bicycle, mind you, not a Lexus or BMW—for possession of three grams of marijuana. It would be seven years before he saw his family again.

Sentenced to 13 ½ years in prison at hard labor without the possibility of parole as a habitual offender—he did have previous drug arrests, none of them violent and none which involved stealing from cancer-stricken children—he spent seven years behind bars before being finally freed on parole, thanks in large part to the efforts of billionaire New York hedge fund manager Daniel Loeb who spent years lobbying courts and Louisiana elected officials to reverse Noble’s sentence.

Three grams. Enough for two whole joints.

Meanwhile, Funes pilfered gift cards intended for cancer patients. He flew family and associates to LSU and Saints football games on charter flights he labeled on the books as “outbound patient transports,” and funneled nearly $300,000 to the parents of two former LSU football players–$107,000 to the mother and sister of former quarterback Rohan Davey (they kicked back $63,000 to Funes) and $180,000 to James Alexander, father of former LSU offensive lineman Vadal Alexander.

But for DEREK HARRIS of Abbeville, an unemployed Gulf War veteran, things didn’t turn out so well. He’s currently serving life imprisonment for selling $30 worth of weed to an undercover agent.

After posting bond following his 2009 arrest, Harris, who also happens to be African-American, waited three years for his trial to start. He chose a trial by judge rather than facing a jury. On June 26, 2012, the judge found him guilty and imposed a 15-year sentence.

But that apparently wasn’t enough for the district attorney, who then filed a habitual offender bill of information based on Harris’s prior arrests and on Nov. 15, 2012, he was sentenced to life imprisonment without the possibility of parole—his service to his country be damned. For $30 worth of marijuana, which shouldn’t rise to the level of taking hundreds of thousands of dollars from a foundation intended for children suffering from cancer and giving it to football players’ families.

Did I mention that Funes got just 33 months for that? Or that he was making $350,000 a year when he went off the rails?

Noble was riding a bicycle and Harris was unemployed and were sentenced to 13 ½ years and life, respectively, for pot. Funes stole from sick babies. And he’ll serve maybe half of those 33 months before he’s a free man again. Maybe.

Following Noble’s conviction, two district court judges attempted to lower his sentence to five years because of his lack of a violent record but Orleans Parish District Attorney Leon Cannizzaro put the kibosh on those attempts. Loeb, a major supporter of criminal justice reform efforts, eventually learned of his case and became involved.

Appeals to then-Gov. Bobby Jindal fell on deaf ears and it wasn’t until John Bel Edwards became governor and efforts were begun to reduce maximum sentences for marijuana possession. Finally, through the combined efforts of Loeb, Nobel’s attorney Jee Park of the Innocence Project of New Orleans (IPNO), Cannizzaro finally relented and he was re-sentenced to eight years.

Funes, however, received 33 months for embezzling from a charitable foundation to which people contributed in good faith in the belief they were helping sick children, some of them terminally ill.

Of course, Funes did help a couple of LSU football players and he did make restitution of $796,000, which is equivalent to little more than two years’ salary for him, so that must make it all right.

 

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