“8647”: A New Low for Trump’s DOJ?

It’s hard to understand how someone like James Comey could be indicted for posting a picture of seashells on a beach.  But, just when it seems like we arrived at the full-on DOJ “low-tide”, Todd Blanche and J.D. Vance roll out the new “weaponization fund”.  Will it ever be safe to go back in the water?   

In this episode of set for sentencing, Mark Allenbaugh and I tackle a number of subjects, with the Comey case being the centerpiece.  There’s something for everyone in this one, including:

IN THIS EPISODE:

• 8:00  — Pending supreme court cases that could have significant consequences on federal sentencing;
• 21:00– What sentencing guideline amendments did and did NOT pass;
• 31:00 – The new James Comey “Seashell” indictment;
• 52:30 – My take on Cole Allen, the White House Correspondent’s Dinner Shooting, and the implications of autism in his defense.

NOTE:  After recording this podcast, the Supreme Court issued its opinions in Rutherford and Fernandez both of which are not good news on the compassionate release front.  We’ll do a deeper dive in a future podcast, but in a nutshell, Rutherford says non-retroactive changes to mandatory minimum penalties cannot be grounds for CR and Fernandez says that 2255 IAC grounds may not be fair game for a CR motion.

OTHER LINKS:

In a recent episode, I did a deep dive into the difference between intellectual functioning and other brain deficits with neuropsychologist, Dr. Ted Lidsky:  Atkins & The IQ Fallacy: Why IQ is Not a Reliable Measure of Culpability (with Dr. Ted Lidsky) – Set for Sentencing by Doug Passon Law

My practice includes a sub-specialty in “autism informed criminal defense.”  If you haven’t seen my other podcasts and resources  on this important, often misunderstood topic, please give it a look:  Autism-Informed Criminal Defense – Doug Passon Law 

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