September 23, 2014

Dinesh D'Souza sentenced to 8 months in a "community confinement center."

So that's some sort of place that's not a prison. The government wanted prison time.

65 comments:

Original Mike said...

Eight months for advocating a political position. In The Land of the Free.

Drago said...

Original Mike said...
Eight months for advocating a political position. In The Land of the Free

It's worse than that.

Take a look at 3 examples (side by side) of what the Feds presented as "similar" cases for sentencing purposes and make special note of what was left out of the Feds summaries:

http://townhall.com/tipsheet/katiepavlich/2014/09/23/documents-federal-prosecutors-misled-judge-in-pursuit-of-prison-time-for-dinesh-dsouza-n1895285

Drago said...

Oh, and the Buddhist nuns were unavailable for comment.

dreams said...

We're losing our liberty.

"Nor is the Left’s demand for criminal prosecution of conservatives merely rhetorical. To cite just one instance, Dinesh D’Souza has been criminally charged with a chickenfeed campaign finance offense and the Democratic prosecutor is trying to have him jailed. If D’Souza deserves six months in jail, then Barack Obama deserves 200 years. As we and many others reported in 2008 and again in 2012, Obama set up a web site that was deliberately intended to facilitate illegal contributions. No one else did this–certainly no Republican politicians–but Obama sneered at the law and garnered uncounted millions in illegal contributions as a result."

http://www.powerlineblog.com/archives/2014/09/liberals-want-to-throw-us-all-in-jail-or-worse.php

Ann Althouse said...

He pleaded guilty.

machine said...

get over yourselves....he violated the law.

His friends turned him in because they knew it was wrong. But now, the martyr....poor Dinesh.

The Drill SGT said...

This was "punishment of enemies thing"

Pure political payback...

Mark said...

Don't plead guilty if you can't do the time.

Original Mike said...

I'm not arguing he wasn't guilty. It's the law that's abhorrent.

Left Bank of the Charles said...

This really is an outrage.

In the 2012 U.S. Senate election in New York, Kirsten Gillibrand raised $13,778,867 (of which she only spent $3,734,097) to $336,976 for Wendy Long.

In the final results, Gillibrand pummeled Long 72% to 26%.

For the crime of helping Long, D’Souza gets 5 years of probation, including the 8 months in a community confinement center, and a $30,000 fine.

Bob Ellison said...

Is a "community confinement center" sort of a motel for people on probation?

I found this definition online. It doesn't seem to apply perfectly here, because it says "Community confinement is given for a period not exceeding six months."

Drago said...

machine said...
get over yourselves....he violated the law

So did Algore but your side still felt quite comfortable running him as your candidate for President.

Drago said...

BE: "I found this definition online. It doesn't seem to apply perfectly here, because it says "Community confinement is given for a period not exceeding six months."

Thats why some legal thinkers are saying that D'Souza will only spend a few months in the center before being "released", such as it is.

garage mahal said...

He was guilty, but he shouldn't have been investigated because he is a conservative. Man that sounds familiar.

Larry J said...

Combine the weaponization of the bureaucracies to be a political action arm of the Democrat Party, then criminalize political behavior of Republicans that you allow for Democrats. Obama's Transformation of America into a 3rd world dictatorship is nearly complete.

phantommut said...

Meanwhile, John Edwards funneled money from his campaign to his pregnant mistress to keep her quiet, and Jon Corzine managed to misplace a billion or so dollars of investors money.

At least Edwards was prosecuted. Acquitted of one count, mistrial declared on the other five. Chances of a re-trial are effectively zero.

There really are two Americas. One where if you're an influential Democrat you're pretty much given a free pass to do what you like, the other where if you're a Conservative you're in Big Government's crosshairs.

(If nothing else, Dinesh D'Souza's fate should make it abundantly clear to conservatives: you've got to be pure as the driven snow and be able to prove it. No shortcuts.)

phantommut said...

Garage, D'Souza was guilty and deserved punishment. The question is proportionality. He funneled a total of $20,000 toward a friend's quixotic Senate campaign. Simply put, that's chump change. I'm sure it cost the government at least ten times that amount to prosecute D'Souza.

Should D'Souza have done it? No. Should he have gotten away with it? No. Was the sought after punishment proportional to the crime. No.

Obviously the DOJ wanted to send a message. Well, it succeeded in doing that.

Larry Nelson said...

Hmmm, they must have found a "controlling legal authority", on this one.

dreams said...

"He pleaded guilty."

My niece's husband chose to go to trial with the threat of prison time after he was charged with arson because their house partially burned in a fire.
Their only evidence for arson was that the house had been on the market for a long while without selling and apparently the gut feeling of the insurance investigator. They tried and tried to get him to plead guilty and eventually they tried to get him to plead No Contest, I guess it was No Contest because I was told that they told him he wouldn't have to admit that he did it and would get no jail time also no fine.

Finally after a lot stress not only for him, his wife and children but also his extended family over $30,000 or whatever of taxpayer money was spent on a one day trial where he was found innocent.

The government has unlimited resources which can be used corruptly or just wrongly. Plus, currently most defendants don't get their day in court because of our corrupted justice system.

We all know how the game is played today, at least most of us do.

FleetUSA said...

This is a blot against our nation: prosecuting free speech.

FleetUSA said...

p.s. I hope he appeals

Fandor said...

Oh, the re-education center...

Drago said...

garage: "garage mahal said...
He was guilty, but he shouldn't have been investigated because he is a conservative. Man that sounds familiar."

How can it sound familiar if no one said that?

Oh, wait.

Right.

You got it off the secret servers er..routers.

Unknown said...

Blogger phantommut, "Obviously the DOJ wanted to send a message. Well, it succeeded in doing that."

What exactly was the message? Obey the law?

Shanna said...

I'm not arguing he wasn't guilty. It's the law that's abhorrent.

Whether or not you think the law is stupid and wrong, he's pleaded guilty and that's fine. He broke the law.

Sentencing is a whole different issue and this is clearly a place where a fine would have been a decent punishment. We should not be basing sentences on politics. He didn't steal and he's not a danger or threat to others. He didn't even get his person elected. What possible benefit is it to the state to lock him up?

garage mahal said...

Was the sought after punishment proportional to the crime. No.

What do you feel would have been appropriate?

MadisonMan said...

p.s. I hope he appeals

I don't think you can appeal your own guilty plea.

(Can you?)

This seems like selective prosecution where I sit. Show me the man and I can show you the crime. Who among us has the resources to always fight city hall?

PackerBronco said...

Blogger Ann Althouse said...
He pleaded guilty.

9/23/14, 2:35 PM


And you're guilty as well Ann --- of something. Everyone posting here is in violation of several laws or regulations in our over-regulated state. The only question is whether someone in authority is annoyed enough with you to find out what it is and to make you pay.

The Crack Emcee said...

Dinesh D'Souza Told A Judge Something I Agree With

Michael said...

He probably was guilty, but he would have been wise to plead guilty even if he weren't. You cannot go to the mat with these people unless you have a fortune you are willing to squander. Way better to settle or plead and take the medicine they want to give you. Or give all your money away and tell them to get fucked.

I heard a bbc program on NPR an hour or so ago in which D'Sousa was labelled a "right winger". Michael Moore, with whom he was compared, was labelled an Oscar winner

John Stodder said...

Thats why some legal thinkers are saying that D'Souza will only spend a few months in the center before being "released", such as it is.

This sounds like what regular, non-jargonized people would call a "halfway house."

If he has a job, he'll be able to leave for work every morning and come back about 12 hours later. Generally these are located in urban settings near public transportation, and he also might be able to park a car there.

Chance are that, yes, he'll be released on "home confinement" to serve the last 60-90 days of his sentence. That's not quite the same thing as being free, but obviously you're sleeping in your own bed and that counts for something.

He is guilty of a crime that is appropriately called a crime. If you let people use straw donors, then effectively all other campaign limits become dead letters including corporate donations. It was stupid of him to do this, and he should pay a price.

However, his prosecution was unfortunately selective, and that's the real issue. Not that he was prosecuted, because he clearly should have been, it was no technicality, this is bright-line law. But similar cases involving members of the left seldom are brought, and when viewed alongside the IRS scandal, the special treatment given to "dark" money and other donations from organized labor, and some of the voter-fraud-inducing tactics of shock-troop groups like ACORN, there is a sense we're not seeking the ideal of fairness, but instead looking for ways to use the law to tilt the outcomes. Democrats on this thread might enjoy the short-term results, but they won't enjoy the way it plays out, not even a little, because ultimately their success depends on public faith in government, and this is how you breed the opposite of that. So short-run, victory for the big government left. Long-run, sad but undeniable victory for the anti-government right.

garage mahal said...

This seems like selective prosecution where I sit.

I wonder how that works. Investigators find evidence of wrongdoing, then run it up the flagpole -- to Obama's desk -- and await orders from Obama whether to prosecute or not?

traditionalguy said...

Let's hope D'Souza can line up and bundle some political donations from inside the Community Center. He will probably met several wealth guys there.

D'Souza's problem was being raised in a Hindu community where all charitable giving is accepted as good deeds that god will reward.

And seeing his sentence it looks like a god did come through for Dinesh. Just imagine his name had been Koch.

Anyway, he had a damn good lawyer.

Janet C said...

I don't see any outrage for the prosecution of Harry Whittemore, Harry Reid's pal, for the same offense.

Who, btw, was sentenced to two years. Me thinks D'Souza got off easy.

Oh and I'm no fan of limits on campaign contributions, but the law is the law even when it's an ass.

Jason said...

What did Corzine get?

Unknown said...

JanetC, I have little sympathy for either BUT reading the wiki article on Whitt. it appears that he (successfully) used his contribution as influence peddling to subvert government regulations that hindered his business, while DD'S. was trying to do a favor for a friend who really didn't have any influence to peddle.

AReasonableMan said...

Lucky he doesn't play in the NFL. His wife Dixie D’Souza says, “In one instance, it was my husband who physically abused me in April 2012 when he, using his purple belt karate skills, kicked me in the head and shoulder, knocking me to the ground and creating injuries that pain me to this day.”

Michael said...

Janet C

Harvey Whittemore moved about ten times the amount of money as D'Souza. Agree about the law.

I think the public is a lot smarter than the politicians would like to think and are less easily swayed by political ads than the politicians hope. Not big on bribery (which was the unspoken issue with Harvey) but otherwise….

Michael said...

ARM

Well, I am sure if Dixie said it happened then it happened. Because women always are truthful when their divorces remain pending and are not in the least vindictive, especially if their husbands have had a financial success between the time of their filing for divorce, their separation, and the claim of abuse.

Drago said...

So along comes ARM with brand new "crimes" of Dinesh D'Souza!

Not a moment too soon apparently.

Of course, D'Souza has been charged, tried and found guilty of spousal abuse hasn't he ARM?

After all, the left keeps telling us how "fact based" they are.

LOL

Gahrie said...

Lucky he doesn't play in the NFL. His wife Dixie D’Souza says, ......”

She's lucky she never rode in a car with Ted Kennedy.....

SteveR said...

John Stodder meets Garage Mahal and the match is called for failure to provide evidence of capacity to engage intellectually. Speaking of "familiar".

HoodlumDoodlum said...

Ann Althouse said...
He pleaded guilty.

Yes ma'am, he did. So do many (most?) people who face trial for major crimes as I'm sure you know. I keep hearing these reports on NPR about how unfair the criminal justice system is, how it convicts and/or locks up too many of the poor, too many minorities, etc. Shall I in the future dismiss those reports with a pithy "they pleaded guilty?"

AReasonableMan said...

I'm not really sure what level a purple belt in karate might be. Maybe they hand those out just for paying your fees.

HoodlumDoodlum said...

John Stodder said...He is guilty of a crime that is appropriately called a crime. If you let people use straw donors, then effectively all other campaign limits become dead letters including corporate donations. It was stupid of him to do this, and he should pay a price.

However, his prosecution was unfortunately selective, and that's the real issue. Not that he was prosecuted, because he clearly should have been, it was no technicality, this is bright-line law. But similar cases involving members of the left seldom are brought, and when viewed alongside the IRS scandal, the special treatment given to "dark" money and other donations from organized labor, and some of the voter-fraud-inducing tactics of shock-troop groups like ACORN, there is a sense we're not seeking the ideal of fairness, but instead looking for ways to use the law to tilt the outcomes. Democrats on this thread might enjoy the short-term results, but they won't enjoy the way it plays out, not even a little,

Agreed, and well put.

mccullough said...

A fine of $40,000 seems sufficient. Now the government has to pay to confine him. I'm much more in favor of fines than imprisonment/confinement for victimless crimes.

richard mcenroe said...

It would only be justice if he was forced to do his time rooming with John Corzine...oh wait...

Drago said...

AReasonableMan said...
I'm not really sure what level a purple belt in karate might be. Maybe they hand those out just for paying your fees.

So we're going to keep running with this unproven accusation are we?

Why not, since it plays into the latest "coincidental" dem rhetoric as well!!

In fact, the less "evidence" the better.

I wonder, were there hospital reports? Police called? Anything?

clint said...

I understand prison as a way to keep dangerous violent criminals out of circulation.

What's the argument for prison terms for non-violent first-time offenders?

mccullough said...

Clint, the rational is government jobs. This was a stupid prosecution to begin with given the severity of the crime. How much in resources has the government spent to prosecute Bonds, Clemens, and John Edwards. It's ridiculous. The fines don't even begin to cover the costs, but jobs must be created.

Michael said...

Federal prosecutors have something like a 95%+ rate of conviction.

Odd isn't it?

If they want you they have you. You do not have pockets deep enough or lawyer friends friendly enough to beat them. You will have no assets when they are finished. none.

Scott said...

Has anybody considered that D'Souza might have WANTED jail time; and that the judge thwarted his ambition?

Kelly said...

Scott, I don't think so. He seemed visibly relieved on Megyn Kelly tonight although he doesn't really know what a community confinement center is.

The Godfather said...

John Stodder: "If you let people use straw donors, then effectively all other campaign limits become dead letters". Yes, and they should be dead letters. The harm that D'Souza caused to our political system is infinitesimal compared to the harm that his prosecution caused.

William said...

I don't have any real knowledge of his offense or how others who committed similar offenses were punished, but, just on the surface, it does seem disparate. I saw some of the comments at the WP. They seemed far angrier at his positions and politics than at his actual offense. Campaign funding is such a nebulous area that it's hard to work up much outrage......I saw the movie, American Hustle. It was based on the Abscam case where all the politicians convicted were Democrats. The movie showed how they only took bribes to further the real interests of the people.

khematite@aol.com said...

I'm curious about the part of the sentence that requires D'Souza to undergo weekly therapeutic counseling.

What kind of therapy is needed by someone whose crime consists of violating campaign finance law?

Does the Diagnostic Manual have a recommended therapy for such cases?

The Crack Emcee said...

khematite@aol.com,

"What kind of therapy is needed by someone whose crime consists of violating campaign finance law?"

It's a little thing I've mentioned before:

Ethics,...

John Stodder said...

Now the government has to pay to confine him.

Actually, halfway houses take a quarter of your wages, or some negotiated amount. Don't know whether that equates to the cost of housing and feeding him, but they do grab a chunk of your earnings.

Robert Cook said...

"What's the argument for prison terms for non-violent first-time offenders?"

There's hundreds of thousands of prisoners across this land who want to know!

Fandor said...

The Obama administration is chock full of "ethics".
In fact, their good till the last cop.
Plea cop, that is.

Shanna said...

A fine of $40,000 seems sufficient. Now the government has to pay to confine him. I'm much more in favor of fines than imprisonment/confinement for victimless crimes.

I feel the same. I'm sure somebody could come up with an example of a victimless crime that requires jail time, but most I would be happy to solve with fines. Most minor drug crimes, this kind of stuff, etc...

I would be happy if we threw more thieves in jail. We've got it backwards.

khematite@aol.com said...

The Crack Emcee said...

khematite@aol.com,

"What kind of therapy is needed by someone whose crime consists of violating campaign finance law?"

It's a little thing I've mentioned before:

Ethics,...
----------------------------------

Well, I've frequently heard of ethics courses, but I've never heard of ethics therapy.

Brando said...

I for one am relieved that D'Souza's rampage of illicit campaign financing has been brought to and end, and the people are once again safe from his moneybundling!

Meantime, our current Attorney General is the same guy who engineered Clinton's pardon of Marc Rich for tax evasion, which just coincidentally happened after Rich's wife made major campaign donations to the Clinton reelection fund. Nothing wrong there, though.

jr565 said...

"He pleaded guilty."
So did Clinton. Doesn't stop people from saying it was a witch hunt.

jr565 said...

And you who philosophize disgrace
and criticize all fear
Bury the rag deep in your face
For now is the time for your tears.

Or not.