Monday, August 17, 2020

Expert Current Administration to make a "Bold Move" On Justice Reform Before Election

 

Rumblings from DC May Foreshadow "October Surprise;" Dems Also Promise Reform

 

by Derek Gilna

 

            In four years the current administration, despite fierce resistance from career justice bureaucrats, the media, and prison industrial complex supporters, has accomplished  the greatest reduction in the federal prison population in living memory. For all of the talk about "law and order," this is an indisputable fact. The OTHER party's platform promises further reform, but will it deliver with "Crime Bill Joe" and  a former local and state prosecutor on the ticket? As prisoner counts drop, the New York Times has criticized the President for "choreographing an all-time low in white-collar prosecutions," which are often  overblown, publicity-gathering, civil disputes.

              I expect some form of "October Surprise" to shore up the President's image as champion of the common man, and a further housecleaning of the inefficient and corrupt federal law enforcement bureaucracy as Russiagate prosecutions ramp up.  

            Meanwhile, nationwide, there was another 10 percent increase in COVID-19 cases behind bars as total tally nears 100,000. Coronavirus infections continue to spread at a rapid pace in federal and state prisons across the country. There are over 18,000 cases in Texas, nearly 13,000 in Florida, and roughly the same number in federal prisons. At least 847 prisoners have died of the virus, an increase of five percent over last week.

            The pace of compassionate release and CARES petition filings continues to accelerate, and dozens of prison now face COVID-19 related civil rights lawsuits. The DOJ Inspector General has warned that not enough was being done to utilize home detention as fully allowed by the AG and the law. As noted by a highly-placed union official for federal correctional workers, "we were never included in any of the (planning)...and this is why the agency is in chaos." Who suffers as a result? Not the bureaucrats. The guards have filed numerous OSHA complaints which are still pending.

             Carswell, Elkton, Lompoc, Oakdale, and Seagoville, all continue to be hard hit, as the virus found its way to Ashland, Waseca,  Gilmer, and Pekin, among others, and is beginning to spread in Minnesota. None of these institutions are equipped to handle the

extensive after-care requirements for those who have technically "recovered."

            In the circuits, the 1st Circuit reversed and remanded a conspiracy to commit, Hobbs Act robbery case used to find a violation of a 924(c)(1)(A) case. US v Lara, Williams (consol.) 17-1957, (1st Cir. 8-12-20). In US v  Henry, 18-15251, (11th Cir. 8-7-20), the court vacated a conviction where the dc failed to follow USS Guideline Section 5G1.3(b)(1), requiring an adjustment of a defendant's for time served on a related sentence if certain requirements are satisfied. In  US v Orr, the mess that is the Central District of Illinois continues to unravel, as the 7th Circuit vacated a conviction after the trial judge communicated improperly  (ex parte) with prosecutors. 19-1938, (8-10-20).

            If you feel that you received inadequate representation of counsel we would be pleased to review your matter. Be not afraid, and let not your heart be troubled.

 

Federal Legal Center, Inc, Derek A. Gilna, JD, Director,113 McHenry Rd.   #173, Buffalo Grove, IL   60089 (And in Indiana), dgilna1948@yahoo.com,

For your family and friends:   "Derek Gilna's Criminal Justice Blog.