| Submit your comments on this article |
| Home Front: WoT |
| Obama's Speech May Have Hurt Federal Charge Against Shooter |
| 2011-01-13 |
| It may have been inadvertent, but a passage in President Barack Obama's speech to a memorial service it Tucson Wednesday night could undercut a criminal charge federal prosecutors have leveled at suspect Jared Loughner for the death of U.S. District Court Judge John Roll in a shooting rampage Saturday. "Judge Roll was recommended for the federal bench by John McCain 20 years ago, appointed by President George H.W. Bush, and rose to become Arizona's chief federal judge," Obama told the crowd at the University of Arizona. Roll's "colleagues described him as the hardest-working judge within the Ninth Circuit. He was on his way back from attending mass, as he did every day, when he decided to stop by and say, 'Hi,' to his representative." In the complaint supporting Loughner's arrest, federal prosecutors argue that Roll wasn't simply seeking to pay a social call on Rep. Gabrielle Giffords (D-Ariz.) when he showed up at the community outreach event where the shooting spree took place Saturday. Prosecutors and the FBI insist that Roll "was engaged in official duties" because he wanted to talk to Giffords and her staffers about problems with a surging caseload in federal courts in Arizona, particularly along the Mexican border. Loughner's alleged killing of Roll may only be a crime under federal law if Roll was on business and not merely stopping by to say hi to a friend. The death penalty is likely available to the feds anyway, because of the death of Giffords's aide Gabriel Zimmerman. However, multiple murders are an additional aggravating factor that could lead to the death penalty under federal law, as is the killing of a federal judge when carrying out his official duties. As a legal matter, Obama's view (which tracks with the public narrative offered by Pima County Sheriff Clarence Dupnik) may be irrelevant, but it probably doesn't help to have the President of the United States emphasizing the social aspect of Roll's stop to see Giffords on Saturday, rather than the reason prosecutors claim drew him there. It should be noted that Roll's killing is clearly prosecutable under Arizona law. The issue of the strength of the federal charge for his murder mainly affects the dynamic between the state and federal governments over which should go first in prosecuting Loughner. For now, the feds are asserting their right to press forward before the state does. |
| Posted by:Glusorong Trotsky7204 |
| #15 Judge: "Before we start the trial, would the foreman of the jury like to say anything?" Foreman: "We find the defendant guilty of all charges" Defense attorney: "Objection, your honor" Judge:"Overruled" /dream trial of Loughner |
| Posted by: Rambler in Virginia 2011-01-13 23:27 |
| #14 More Obama healings: On Wednesday evening, President Obama told the nation: I have just come from the University Medical Center, just a mile from here, where our friend Gabby courageously fights to recover even as we speak. And I want to tell you -- her husband Mark is here and he allows me to share this with you -- right after we went to visit, a few minutes after we left her room and some of her colleagues in Congress were in the room, Gabby opened her eyes for the first time. (Applause.) <.....and like a scratched record he continued.....> Gabby opened her eyes for the first time. (Sustained applause.) Gabby opened her eyes. Gabby opened her eyes, so I can tell you she knows we are here. She knows we love her. And she knows that we are rooting for her through what is undoubtedly going to be a difficult journey. We are there for her. |
| Posted by: Besoeker 2011-01-13 19:42 |
| #13 Now word that when Jan Brewer, Republican governor of Arizona, spoke at the memorial, some of the assembled Democrats boo'ed her. Booing Jan for being FOR open borders that allowed such a serious over load of the Federal Court System so seriously that a Federal Judge trying to find a Congress Person at a Safeway Store to plead for help, where he and her were shot to death by a user of the drugs flowing across the border, who was rejected by the miltary for that use, in a county where the Sheriff thinks Open Borders is all good and no arrests for anything is necessary. No. Jan is NOT for Open Borders. And yes, the Dems that boo'ed her have still not learned one thing. Thwy are hopelessly worthless. |
| Posted by: wr 2011-01-13 16:11 |
| #12 Cheap grandstanding, politicking, cheering and booing and the passing out of tee shirts... now that's a memorial service appropriate for six murder victims (or as Pelosi called the shootings "a tragic accident." All that's missing was a tee shirt cannon and two-fer-one jello shots. |
| Posted by: regular joe 2011-01-13 16:11 |
| #11 Now word that when Jan Brewer, Republican governor of Arizona, spoke at the memorial, some of the assembled Democrats boo'ed her. |
| Posted by: Anonymoose 2011-01-13 13:57 |
| #10 So according to this article, if a bad guy kills a federal judge because he's presiding over a particular case, but the judge is at home, or anywhere but not actually on the job at that moment, or thinking or talking about it, then there's no death penalty involved. Only if the trial is in progress and he's at work, or thinking or talking about judge stuff, then his murder is a capital crime. As a Dickens character said, "if that's the law then the law's an ass". |
| Posted by: Goober Goobelopolous 2011-01-13 12:38 |
| #9 Picky, can't expect TOTUS to know every little federal law. Local sheriff has said some stuff other than ongoing investigation. Just words and all that. Besides, wait until we start finding out how badly the starving pig media has screwed the process up. |
| Posted by: swksvolFF 2011-01-13 11:11 |
| #8 Tacky. Handing out collectivist political t-shirts at the memorial service-rally. |
| Posted by: Anonymoose 2011-01-13 09:06 |
| #7 The Federal charges cover just two of the people injured. State charges should be brought. |
| Posted by: rammer 2011-01-13 08:30 |
| #6 It's also not surprising that the first 10 minutes of the Once's speech was about himself. |
| Posted by: Deacon Blues 2011-01-13 07:45 |
| #5 so what There are eyewitnesses, weapon, etc. Conviction on multiple counts of murder is certain even if not in Federal Court. and the Congresswoman was obviously conducting biz so that murder attempt, etc. is a slam dunk in Fed court also |
| Posted by: lord garth 2011-01-13 07:06 |
| #4 It Ok. What judge/jury going to take anything Obama says seriously? |
| Posted by: g(r)omgoru 2011-01-13 03:02 |
| #3 Perhaps in addition to his own job, Mr, Obama is also filling in for Joe Biden while the Veep is overseas? |
| Posted by: Pappy 2011-01-13 01:26 |
| #2 Behold the Rahm Emanuel school of crisis exploitation. Zero is clueless. This sad event gains him teevee speaking time. I can't stomach the bastid. |
| Posted by: Besoeker 2011-01-13 01:16 |
| #1 I'm not a lawyer, but it seems to me a federal judge talking to a US Congressperson is doing official duty unless & until it's proven otherwise. Proven, not just mentioned in a political speech. |
| Posted by: Anguper Hupomosing9418 2011-01-13 01:08 |