Saturday, May 29, 2010

Bernie Kerik's Case Not Unique

Although Bernard Kerik's case represents a gross miscarriage of justice and a liberal witch-hunt, it is not the first time a judicial blunder of such magnitude has occurred.

Consider the case of Alvin York, better known as 'Sergeant York.' York was awarded the Congressional Medal of Honor during World War I for bravery in action against the German Army in Europe. He was also awarded many other decorations for heroism, gallantry and intrepidity.

Following his return from the War, York traveled across the U.S. raising War Bonds for the U.S. Treasury Department and helping the war effort.

During World War II, York again advertized for the U.S. Treasury and raised War Bonds totalling millions of dollars.

After all he had done, you would think America would appreciate, not only his heroism and valor under fire, but lending his name and purpose to assist in the cause of freedom by raising millions of dollars for the U.S. Government in War Bonds. This was not the case.

In 1951, possibly because of York's outspoken conservatism, a liberal-controlled House and Senate went after York. The IRS found York guilty of tax evasion for a movie that had been made about York's life, even though he had not received the proceeds, but had donated them to the building of a school.

Had it not been for a pardon from President John F. Kennedy, York would probably have served time in prison!

How quickly we forget our nation's heroes and allow them to become political scapegoats! Shame on you America! It wasn't the preacher, or the politician, or even the judge, who granted us liberty, but the soldier on the battlefield won our liberty with his blood, sweat, toil, and tears. We owe him respect and consideration.

Bernard Kerik is such a hero. He served his country in the U.S. Army in Korea and Germany during the Cold War. Then, he served as a law enforcement officer, rising through the ranks of the NYPD to become the 40th Police Commissioner. He then served President Bush in Iraq as the first Minister of the Interior.

Then, like Sergeant York, a liberal witch hunt turned into an IRS collaboration for tax evasion and for misusing city contractors, and now Bernie is serving 4 years in prison!!!

How quickly they forget America's heroes!

I call on all decent-minded citizens to demand Bernard Kerik's release and full exoneration and to be pardoned by the President like Sergeant York was pardoned. If we allow this travesty of justice to befall one of our heroes. . . It may be you that is next!

Friday, May 21, 2010

Full Speed Ahead

During the Battle of Mobile Bay, I believe, it was David Farragut who said "Damn the torpedoes,. . . full speed ahead!" Athough successful, many military analysts have suggested this course of action was neither wise nor prudent, and Farragut's victory was more chance than skill.

Rear Admiral David Farragut rashly ordered his ship to charge, full speed, through a minefield that had already claimed one of the Union's Ironclads. Such decisions, most often, do not end well. Captain Edward Smith found that out on the maiden voyage of the Titanic when ordering "full speed ahead" even after ice had been spotted in the water.

At the helm of our 'ship of state' today is a brash and reckless skipper named Barak Hussein Obama, who is charging our nation into a minefield, seemingly oblivious to the pain and suffering that will undoubtedly result from his ill-advised actions.

Here are just a few of his brash decisions: (1) ordering the firing of the CEO of a private corporation in deference to liberal ideologies rather than Constitutional mandates (2) offering a lucrative presidential appointment to Joe Sestak in order to keep him from filling Obama's old senate seat (3) taking advice from Janet Napolitano and Eric Holder about Arizona's law that they hadn't even read (4) kicking Israel's prime minister out of the White House in breach of long-standing and important protocols (5) in Chavez-like fashion, federalizing the entire healthcare system in collusion with a corrupt congress even after every poll showed that 75% of Americans were against it (6) granting to the EPA powers never intended by congress and bypassing senate confirmation of, what should have been, legislative bills (7) appointing to the U.S. Supreme Court a person who has never served as a judge -- even a single day! (8) reducing by one-third the number of press conferences refusing to take questions; and in Politburo/Kremlin fashion, setting in place a propaganda machine to vet Elena Kagan, bypassing the entire White House press corps (9) appointing unqualified Czars to posts and granting them powers never intended by congress with no senate confirmation (10) appointing federal judges simply because they are biased, rather than appointing justices on the basis of not having a bias. (11) failing to protect the citizens of the United States by gutting the entire intelligence community and castrating all of our agents and spies with threats of lawsuits (12) appointing as attorney general of the United States, a person who holds 'attorney-client privilege' with over 18 known terrorists as their former defense attorney from Guantanamo Bay.

These, my friends, are just the tip of the iceberg. Feel free to post, as you see fit, other failings of the present administration. If George W. Bush had done ANY of the above, the left would be LIVID! They would be 'shouting it from the rooftops!' We simply cannot afford to be silent any longer. Speak out against the tyranny and injustice of the Obama Regime. . . or forever be silenced and cowed into submission by this socialist government.

Monday, May 17, 2010

Kagan "disqualified" for high court

Newt Gingrich took aim at Elena Kagan this week, saying she is "disqualified" because of her disorderly and unprofessional conduct at Harvard by kicking Army recruiters off campus.

Real heroes. . .

Real Heroes only come along . . . once in awhile.

Sunday, May 16, 2010

Bernard B. Kerik

My friend, Bernard B. Kerik, posted this on his blog today.
Please keep Bernie and his family in your prayers.
Justice will someday be served and history will record that a good man has, this day, been served a grave and evil injustice.

Friday, May 14, 2010

Holder's Conflict of Interest

Eric Holder's prestigious law firm, Covington and Burling, of Washington, D.C., in January, 2009 was representing 17 Yemeni terrorists being held at Guantanamo Bay, Cuba. He also represented several Pakistanis in their habeas corpus appeals to the Supreme Court. As their attorney and senior partner in Covington and Burling, Holder was privy to information and had 'attorney-client' privilege with at least 19 terrorists.

My question is simply this: How can Eric Holder now be capable, as America's prosecutor in the role of Attorney General of the United States, to prosecute these 19 terrorists, with whom he has intimate knowledge and has shared attorney-client privilege?

Not only should Eric Holder recuse himself in all cases involving terrorists, but he should immediately step down as Attorney General. The perception is that his loyalties lie elsewhere as Michelle Malkin adeptly points out in her article.

Thursday, May 13, 2010

This is Andrew Kreig's blog.
It is an outstanding blog! I invite everyone to follow it!

Andrew Kreig's Radio Show 5-13-10

In this show with Technology Lawyer Radio Network founder Scott Draughon and Justice Integrity Project Director, Andrew Kreig.

This is an hour-long segment dedicated to the unfairness of the court case against former New York City Police Commissioner Bernard Kerik, a former Minister of the Interior to Iraq following the U.S. led invasion, a decorated soldier, a decorated police officer, a father of four children, a devoted husband, and a man of integrity.

Travesty of Justice regarding Bernard Kerik

Bernard Kerik served his country as a military police officer in the United States Army. He then served as a police officer with the NYPD. He was appointed as Commissioner of Corrections by Mayor Giuliani, and then served as Police Commissioner under Mayor Giuliani. He was appointed by President George W. Bush to serve as Minister of Interior to Iraq following the U.S.-led invasion. He is a highly decorated soldier, highly decorated police officer and has been in law enforcement for over 35 years.

Mr. Kerik is now going to prison for allowing contractors to work on his house who also had contracts with the city? Sound ludicrous? It did to me as well.

His case demonstrates how criminal justice can run amok when led by judges who have no regard for the Constitution and prosecutors who have no respect for the rule of law.

First of all, I believe that Mr. Kerik was treated unfairly by the courts, and in particular, by Justice Stephen Robinson. Here are a few reasons I believe this happened to Mr. Kerik.
(1) Vital exculpatory evidence was withheld from Mr. Kerik's attorney during discovery that would, almost certainly, have freed Mr. Kerik.
(2) Even though federal court and the New York court represents two distinctly different jurisdictions, When Mr. Kerik was punished in the New York court and paid a fine, his instant offense should have been declared duly adjudicated. I do not believe you will find very many instances where individuals were punished in a state court and then tried again in a federal court for the same offense, after having been PUNISHED already by a lower court. Even though this does not constitute 'double jeopardy' because of the separate jurisdictions, it is still highly irregular and merits serious scrutiny by a judicial oversight committee perhaps a Senate inquiry.
(3) It is my believe that Mr. Kerik was punished in return for a future judicial appointment, possibly even to the U.S. Supreme Court, for Justice Robinson. While this is purely subjective, at this point, if evidence emerges that Justice Robinson entered into a verbal agreement to this end, it would be an embarrassing case of judicial misconduct as well as malfeasance of character, a disbarring offense, for Justice Robinson.
(4) Federal courts urge state courts to follow federal sentencing guidelines. When a justice exceeds a recommended sentence by 20% he/she is required to write an explanation as to why an excessive sentence was warranted. In Mr. Kerik's case, Justice Robinson exceeded the federal sentencing guidelines by 18 months, from 30 months to 48 months. Why was such a sentence warranted in what should have amounted to a civil case in the first instance, and in the second instance HAD ALREADY BEEN ADJUDICATED IN A STATE COURT??? Not only did Justice Robinson exceed the federal sentencing guidelines, but his sentence was 3 times greater than the 20%, or, a full 60% above the recommended federal sentencing guidelines! I might understand it if this were a violent crime or if Mr. Kerik had prior felonies, but such was not the case here. Mr. Kerik's only previous court action was the instant offense. The case had already been adjudicated by a lower court, and therefore, should not have been entered into the sentencing matrix by Justice Robinson as an extenuating factor. Therefore, Justice Robinson has no justifiable basis from which to have ordered such a sentence. This action alone should merit the ordering of a new sentencing hearing upon appeal.
(5) Justice Robinson had already uttered inflammatory and disparaging remarks regarding Mr. Kerik PRIOR to seating himself as the judge in Mr. Kerik's trial. Justice Robinson should have recognized his own personal bias and recused himself from this case since he had already demonstrated his inability to act objectively. Instead, he allowed his own personal feelings to cloud his judgment, and justice ran amok, before, during, and after Mr. Kerik's trial. (a) Before, during discovery (b) during, by directing that witnesses having exculpatory testimony be prevented from testifying on Mr. Kerik's behalf, and (c) after, at sentencing, at which time Justice Robinson exceeded the Federal Sentencing Guidelines by 60%, from 30 to 48 months.
(6) Justice Robinson further demonstrated his bias by seeking to have Mr. Kerik's attorney's REMOVED FROM THE CASE during the most critical point of the trial, at the precise point when Mr. Kerik needed his counsel the most! Justice Robinson's actions at this point are unconstitutional as well as unethical.
(7) Finally, the federal courts may not have standing, as no crime occurred in Washington, D.C. All of Mr. Kerik's admissions of guilt, which were all to misdemeanors at the time of his admissions of guilt, occurred in the state of New York.

In all of my years studying the American criminal justice system, I have never witnessed a more blatant disregard for the rule of law or the United States Constitution. While the court's actions in Mr. Kerik's case may have been legal, they were certainly unethical, highly irregular, and clearly demonstrative of personal bias on the part of the judge in the case. Had this happened to a young black male, Harvard law graduate, there is no doubt there would be cries of discrimination (and rightly so), on the part of every civil liberties group in America. However, because the case in point involves a white male conservative Republican, every civil liberties group in America has turned their collective backs on Mr. Kerik,. . . and that is just shameful. . . absolutely shameful!!!

This court has disgraced the judicial branch of government and cast a dark pall over people who are not a members of some minority group from ever enjoying the same level of civil liberties as their minority citizen counterparts. It is appalling to me, especially, that it was allowed to happen to a highly decorated soldier in the United States Army, a highly decorated police officer with numerous citations for valor and courage under fire, an American ambassador who served these United States in a foreign country in a hostile fire area during a time of extreme crisis, and finally, as an American citizen and father of four children and a respected member of his community. What a travesty of justice!!! And over what? A contractor that may or may not have received special treatment by a city government??? You've GOT TO BE KIDDING ME!!!

I'm outraged that this grave injustice is being allowed to go unchecked. It shakes my confidence in the American criminal justice system and causes me to issue a warning to rogue, activist judges in the future who are simply trying to make a name for themselves. When this government, or any government, fails in its primary responsibility of protecting its citizens and ensuring that every citizen accused of a crime enjoys the right to a fair and speedy trial; then the citizens of this country will rise up and take the law into their own hands. I do not wish for this country to return to the days of vigilante justice, but in light of such blatant judicial misconduct. . . it just might.