Loretta Lynch sworn in as AG – Voting for Race or Rule of Law?
Let’s give you some insight into what you can expect from Loretta Lynch…and why her nomination for Attorney General took 5 months to complete. And only then with the defection of several Republican Senators. If you thought Holder was bad, just wait.
Loretta Lynch became the First Female Black Attorney General when her nomination was passed last Thursday. She was sworn on on Monday, April 27, 2015. An historical day, or so they say. But our congress appears to think that voting based on ‘historical change’ is better than voting for the Constitution- a very bad precedent that has been biting us now since 2008.
Ms. Lynch was the lead prosecutor for the Eastern District Court in Brooklyn, New York. In her tenure there after 2010, the Eastern District used a special designation to hide certain defendants from public scrutiny.
The John Doe designation is rare, and generally only used in specific cases that require secrecy to protect the defendant. But Loretta Lynch’s district used the method a whopping 58 times. And it appears not all of those times were necessarily legitimate toward protecting the defendant.
Her office also asked for the courtrooms of 11 of those cases to be closed from the public.
“While pseudonyms may be appropriate in exceptional cases, the courts should always opt for more transparent methods of protecting sensitive information when available.The disproportionate number of John Doe cases in the Eastern District is certainly a cause for concern; complete secrecy about the parties in a case should never be a default option.” Lee Rowland, staff attorney of the ACLU Speech, Privacy & Technology Project
The Eastern District’s use of John Doe is seriously high. The national average for federal prosecutions using it is under 4. According to NBC news, “in the two federal districts with similar pending criminal caseloads (approximately 3000 cases) — Arizona and the Southern District of California — there is only one case involving a “John Doe” defendant.”
The Brooklyn “Doe cases” include such offenses as drug trafficking, violent crimes, fraud and hacking to terrorism. So we have a continuation of secrecy.
Ms. Lynch has been a strong practitioner of the taking of private property in civil actions known as “Civil Asset Forfeiture.” Forbes Magazine wrote,
In an editorial published November 22, “Loretta Lynch’s Money Pot,” the Wall Street Journal revealed that during her tenure as U.S. attorney for the Eastern District of New York, Ms. Lynch has used civil asset forfeiture in more than 120 cases, raking in some $113 million for federal and local coffers. The trouble with civil asset forfeiture cases is that they frequently inflict severe losses on people who have only the most tenuous connection with a crime – or even no connection at all…Charge someone with a crime and the burden of proving guilt is on the government, but confiscate property under civil asset forfeiture and the government keeps the spoils unless the owner is able to prove his innocence. That is not the way our system of justice is supposed to work.
One week before her Senate hearings, she quietly dropped a forfeiture case for $450,000. Ostensibly because she knew the Senate would ream her up one side and down the other. Though she dropped the case, the money has yet to be returned to its owner, Jeff Hirsch. The government has offered settlements anywhere from $200,000 to $50,000- that they are offering any settlement at all says they’ve already likely distributed the money elsewhere.
Guardian of the rule of law and the Constitution? Not.
President Obama stated that Loretta Lynch would be a guardian of the Constitution. But her stances on many of the issues of the day are troubling- she will continue to attack states on their attempts to make sure the voters are legal ones. She appears to subscribe to the theory of “disparate impact,” which simply means that she thinks the death penalty, voter ID, and immigration laws are ‘racist.’
She was confirmed with the defection of several Republicans, who caved at the last minute. 20 of our Senators voted yes on cloture- it would only have taken 7 of them voting no to stop her nomination. And why did 10 of them they cave to vote for her nomination when they know full well that she will be the same kind of Attorney General as Eric Holder? Why don’t we ask them:
John Thune (S.D.), John Cornyn (Texas), Bob Corker (Tenn.), Lamar Alexander (Tenn.), Pat Roberts (Kan.), Richard Burr (N.C.), Shelley Moore Capito (W.Va.), Cory Gardner (Col.), Mike Rounds (S.D.), and Thom Tillis (N.C.)