Restoring Justice to the DoJ
As the Senate Judiciary Committee contemplates the appointment of President Obama’s candidate for Attorney General, Eric Holder, I am reminded of two incidents that drive home the need for worthy officials and systems of fairness in the justice system at all levels. While the Republican Senators on the Committee flex their political might, citing Holder’s involvement in ex-President Clinton’s late minute pardons eight years ago, they should be much more concerned with what U.S. Attorneys do in the trenches – rendering injustice.
The Iraqi Amputee Learns About Justice in Washington
I was outraged by a recent account of the trial of Cpl. Melroy H. Cort, a Marine amputee who was arrested on felony charges of gun possession. He was arrested while on the way to Walter Reed Army Medical Center. The facts are undisputed:
Corporal Cort, 24, and his wife, Samantha, were en route from their home in Columbus, Ohio, to Walter Reed. Cort’s legs had been amputated above the knees when he was wounded by a makeshift bomb in Ramadi during his third tour of duty in Iraq.
The couple’s car got a flat tire, forcing them to pull over. While there, Cort said, he reached into the glove compartment, removed a 9mm pistol and put it in his jacket pocket.
A witness who noticed Cort handling the gun called police, who arrested and handcuffed the man while he was sitting in his wheelchair. He was charged with three counts of carrying a pistol without a license, possession of an unregistered firearm and possession of ammunition. He spent the night in the D.C. jail before returning to Walter Reed.
Cort, who said he had a permit to carry the gun in Ohio, said he had it with him because he had moved out of his house in anticipation of an extended stay at Walter Reed. He said his commanding officer had advised him to take the gun to the armory on Walter Reed’s base as soon as he arrived.
He was assigned a public defender, who encouraged him to plead guilty. But Cort refused, because a felony on his record could cost him his military benefits. So he decided to represent himself.
Cort admitted to the facts in open court before a jury. Fortunately, the jury chose to acquit Corporal Cort of the gun charges, but convicted him of the charge of possession of ammunition, a misdemeanor in the District.
Criminal Law and Common Sense Don’t Mix
In today’s Washington Post, a reader, perhaps a public defender herself, pointed out that, though the Post article noted that the public defender urged Cort to take the deal, the article completely missed the underlying over zealousness of the prosecution in that case. This brings me to a similar experience I had with the U.S. Justice Department while tangling with an Assistant U.S. Attorney here in Washington DC.
U.S. DoJ Mixes Incompetence and Injustice
Twelve years ago, I received a call from my ex-wife. “My brother has been arrested and thrown in jail for possessing a gun,” she said. “He’s been in DC jail for more than two weeks and they are bringing him into court today. Can you do something?” I’m admitted to the local Bar so I agreed to see what I could do to help. While my ex-wife didn’t make the list of my favorite people in the world, my ex-brother-in-law was a decent fellow and I wanted to help him out.
A quick trip to the District of Columbia Courthouse found me in a courtroom where the arraignment was to take place. The bailiff directed me to a holding cell behind the bench, where I found my brother-in-law sitting in the corner of a holding cage.
I learned that my brother-in-law, Steve, was traveling from Miami, where he lived, to New York. He and a colleague, who ran a production company that worked with European filmmakers and photographers, were driving through the city to visit a friend in town before completing their trip. Driving their Winnebago around DuPont Circle, Steve ran a red light and was pulled over. Two young white men with two barking dogs in a mobile home seemed suspicious to the black police officers. So the policemen asked to search the vehicle, which Steve consented to.
Searching through closed cabinets in the mobile home, the police found a Smith & Wesson 357 pistol in its original packaging. Steve explained that he had purchased the gun from the Dade County Florida police to use as protection for him and his charges, many of which were fashion models and actors. He produced a receipt for the gun and a license to carry the handgun issued by the Dade County Police Department. He soon learned that this was irrelevant to the DC police. He was arrested and placed into custody.
I found a public defender who explained the law in the District. “DC has a ban on all handguns in the city. No exceptions. Possession of a handgun in the District is a felony.
The Shrill Voice of Justice
As the courtroom proceeding got underway, I found myself standing before the judge along with the Assistant U.S. Attorney (AUSA) assigned to prosecute the case. After offering up my credentials, the matter of bail was raised. The shrill voice of the AUSA set the tone of what was to follow, “No bail your honor! This man was arrested with a 357 magnum! He’s a flight risk!” A bleached blonde Hispanic woman, she bounced around like a child waiting to get on an amusement park ride.
I explained in as calm a manner as I could that my client/brother-in-law, Steve, was prepared to post bail, was a responsible citizen and should not be held for an innocent mistake. The shrill intensity from the AUSA continued to rise as she cited the law and accused Steve of every manner of war crime and prattled on until the judge could tolerate her ranting no further.
“Mr. Richardson, are you prepared to have the defendant released to you with a guarantee that he return to the courtroom for his next hearing?” I assured him that I was agreeable to the task and responsibility and mentioned that as my former brother-in-law, I had known him for many years and was confident that he would appear as ordered.
“He’s lying, he’s lying!’ screamed the AUSA. “They aren’t even brothers-in-law!”
Perhaps the most poignant moment of the day came when a voice from the back of the courtroom said softly, “The only lie in this courtroom is your hair color counselor.”
The judge ignored her wailing and ordered Steve to be released into my custody. Later that night, the jailers cut him loose. He eventually paid a fine and the case was closed.
Justice Is Demonstrated Not Hired
I share these two stories with you to point out that our justice system is not made right by the simple act of appointing a single person to head up the nation’s top justice agency. While the various Republican Senators feel compelled to throw their weight around in order to demonstrate to their constituents that they are doing something, a higher priority should be given to whether the rule of law and adherence to a system of justice and fairness is being exercised.
As we watch in the coming weeks and months this process play out in Washington, we must also pay particular attention to how the justice system in America does or doesn’t work. The Steves and the Corporal Corts and the millions of people in the criminal justice system deserve nothing less. Let’s hope that President Obama finds the time to focus on outcomes not just rearranging the chairs in the courtroom dockets in America.
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