Townhall: Prosecutors Misled Judge in Pursuit of Prison For D'Souza

Originally published at Townhall.

According to court documents, federal prosecutors working on behalf of Attorney General Eric Holder and the Department of Justice misled U.S. District Court Judge Richard Berman in the case against conservative filmmaker and author Dinesh D’Souza during their pursuit of 10-to-16 months of prison time for a federal felony charge.

In a reply sentencing memo submitted to the Court on behalf of D’Souza last week, his counsel argues federal prosecutors excluded and misrepresented the facts of “similar” cases in the Government’s sentencing proposal to Judge Berman, leaving out crucial facts key to fair and equal sentencing for D’Souza compared to other cases. The prosecution has a duty to present comparable cases and crimes when arguing for a prison sentence. In their presentation of “similar” cases to the Judge for consideration during his deliberation, the prosecution ignored all truly similar cases without prison time but did present cases that included prison time without a full set of facts to justify sentencing.

“The Government, in this case, has chosen to consciously omit from its submission critical facts from most of the cases they cite which make it clear that those cases are substantially distinguishable from the facts in D’Souza’s prosecution,” the memo states.

D’Souza’s counsel provided the court with a chart detailing “the ‘limited’ facts from each case that the Government highlights” and then provided the missing facts the Government failed to include in order to avoid undermining their own argument against a prison sentence. With all the facts in place, the Government doesn’t have a case that adds up to a sentence that includes imprisonment.

In the chart submitted to the Judge by D’Souza’s counsel, you’ll notice the “facts” on the left submitted to the Judge by the Government to be used for sentencing consideration. On the right, you’ll find the full facts of the case the Government deliberately failed to include. Below are three of eight examples provided. You can read the rest here.

n1895285-chart

The prosecution’s distortion of the facts in “similar cases” backs up long held suspicions that D’Souza was selectively prosecuted by the Department of Justice for political purposes and shows deceitful, malicious tactics being used to impose an unjust sentence.

“To be candid, counsel were surprised to see that in the Sentencing Memorandum, the Government cavalierly treats and then distorts critical issues so important to the Court’s decision. In doing so, to the Government ironically provides further support for more vigorous prosecution and now, for more severe punishment than virtually any other defendant whose crime is ‘similar’ to that of Mr. D’Souza’s, especially when his case is devoid of any element of corruption or personal greed that is at the heart of every case the Government cites,” the memo states. “Indeed, so determined is the Government in its effort to convince your Honor to imprison Mr. D’Souza, that they supplied the Court with a list of cases in support of their argument on sentence parity, but did so in a manner that was disingenuous. When one carefully examines the facts in each and every one of the case cited by the government in support of their sentence parity argument, it soon becomes clear that prison was imposed in each of those cases for a variety of aggravating factors that have nothing whatsoever to do with the prosecution of Mr. D’Souza.”

The government failed to present any case, all facts included, comparable to D’Souza’s which involved illegally using two straw donors to donate a total of $20,000 to an ill-fated campaign. Back in May, D’Souza pled guilty to one count on federal charges detailed in an indictment accusing him of violating campaign finance laws and making false statements. D’Souza admitted in front of the Court that he did in fact ask two people to make contributions in their name and later reimbursed them, knowing it was not proper under the law. D’Souza submitted a plea deal on May 19 and the charge of making false statements was dropped. D’Souza’s defense team has argued that although criminally culpable, their client should not be imprisoned.

“After studying the chart and cases cited, we respectfully ask that the Court completely reject the Government’s argument that sentence parity supports a prison sentence for Mr. D’Souza. Simply put, their argument on this issue must be rejected because it is not sound,” D’Souza’s counsel argues in the document. “A good man who is 53 years old, with no criminal record and a genuine scholar, should not be sent to prison for a non-violent technical violation of the Federal Election Law where he was not trying to obtain an advantage or any personal benefit and where the case is devoid of any corruption whatsoever.”

D’Souza’s counsel has asked for a sentence of probation and community service. D’Souza is set for sentencing in the U.S. District Court, Southern District of New York, today at 11:00 AM ET. Judge Berman said earlier this year he will consider D’Souza’s character and history in his sentencing.

Read more at Townhall.

 

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22 Comments

  • Jan Campbell says:

    September 24, 2014 at 10:06 AM

    All the best for you Dinesh. You are in my thoughts & prayers! Stay Well. The Campbell’s Savannah, GA.

  • June Huff says:

    September 24, 2014 at 10:23 AM

    If you were a Congressman you would have been given an award !!
    Glad this is behind you .. You should be honored they see you as a threat !! Keep on doing what you do best !!
    My answer is THIS IS ALL YOU GOT!!
    The President and Holder break and think they can make laws but you are wasting time on this !! Really ???

  • Kristian says:

    September 24, 2014 at 10:28 AM

    So these Liberal prosecutors are, in effect, doing the exact same thing that they are accusing Mr. D’Souza of doing.
    Typical hypocrisy. It’s not like he was supplying weapons to drug cartels or anything.

  • Earick Ward says:

    September 24, 2014 at 10:35 AM

    Keep up your work.

    You are a Patriot.

  • LaminarFlow says:

    September 24, 2014 at 12:10 PM

    I support Dinesh but once you put yourself on the White House’s hit list you have GOT to dot your i’s and cross your t’s and keep your game sparkly clean!

  • Jose Allen says:

    September 24, 2014 at 12:21 PM

    I am wondering why he is .in fact, being imprisoned in a camp to be re-educated? The imprisonment removes him from his home, it will re-educate him in classes, he will be required to reach beginners in English, and he will be limited in all areas of his life, therefore. It is not Siberia, but I am reminded of three people similarly treated by their government. They are … Pastor Bonhoeffer, imprisoned and finally executed for being a critic of the Hitler Nazi government. The writer and intellectual Solzhenitsyn, incarcerated for criticizing the Soviet government. And finally Boris Pasternak,exiled and denigrated by the Soviet Government. That does not take into account the many thousands of intellectuals and ordinary people who were sent to psychiatric hospitals for ‘re-education’ and whose minds were destroyed by imposed drugs . These are all Marxist techniques for suppressing free debate and criticism and destroying intellectual debate. When the CIA put its might and brains behind publishing the work and obtaining the Nobel Prize for Literature for Boris Pasternak’s book (smuggled out of Russia and published in Italy), ” Dr Zhivago” it did a wonderful thing toward the liberation of intellectual life in Russia.. and the rest of the world; but I sincerely hope it will put as much effort into assuring and protecting the intellectual freedoms we lately posessed in America. I can only quote pasternak’s own words from the poem “Hamlet”, read at his secular funeral ( he was a Christian and had received last rites in great secrecy from a priest).
    The murmurs ebb; onto the stage I enter.
    I am trying, standing at the door,
    To discover in the distant echoes
    What the coming years may hold in store.
    The nocturnal darkness with a thousand
    Binoculars is focused onto me.
    Take away this cup, O Abba, Father,
    Everything is possible to Thee.
    I am fond of this Thy stubborn project,
    And to play my part I am content.
    But another drama is in progress,
    And, this once, O let me be exempt.
    But the plan of action is determined,
    And the end irrevocably sealed.
    I am alone; all round me drowns in falsehood:
    Life is not a walk across a field.[76]

  • Darla Holiday says:

    September 24, 2014 at 12:22 PM

    Thank God prayers were answered on your behalf, Freedom is the most important gift we have as Americans, God will use this to only make you stronger and show the enemy in their true light. Be of Good Cheer, God be with You, Make more Patriots in the ones you are going to be teaching English to.

  • Ellie says:

    September 24, 2014 at 12:34 PM

    This is really scary stuff. Just wish people had paid more attention to your movie “2016”, then they would have seen stuff like this coming and they would understand they could be in your shoes at any time. Watch your back, Dinesh.

  • John vlosich says:

    September 24, 2014 at 1:33 PM

    God Bless You Dinesh!

  • Dr Bombay says:

    September 24, 2014 at 1:42 PM

    One more attempt at the WH to impose their will onto the Conservative groups.
    They tried it through their esprit de corps of IRS agents (and that is pronounced CORE , not CORPS Mr President- now onto Eric Holder feeble attempts.).
    Superb movie producing on the America movie. The left can say what they want about how things were “discussed away” but as the “dumbing down” of America continues ( to watch Boo Boo Honey hicks and The Good Wife type programs) we lose the true connection to what made this COUNTRY GREAT. It certainly was not efforts by political hacks to tear down the achievements that put us into the history books.

    PRESS ON DINESH- and never take your foot off that PEDAL.

  • Kim says:

    September 24, 2014 at 1:43 PM

    May God’s Army Protect you, through this next journey.

  • David says:

    September 24, 2014 at 1:50 PM

    It sounds like they are imprisoning you, though. Maybe not in a jail, but certainly keeping you in a facility against your will. Are you allowed to leave during the day? What are your rights over eight month period you are serving?

  • Tony Torres says:

    September 24, 2014 at 2:53 PM

    This should be on your next movie. The End Justifies the Means: Left Wing Morality

  • Theresa leone says:

    September 24, 2014 at 4:17 PM

    I saw the movie, and when it wAs over I stood up in the theater and shouted “how did we allow this to happen?” And I repeat , how did we allow this to hAppen? Sousa, keep up the good work I support you.

  • Alfred Mazzorana says:

    September 24, 2014 at 4:20 PM

    Smart, tough, honest and a Great American you are Mr. D’Souza. Stay the course…. you have many, many admirers.

  • Patty Pawlak says:

    September 24, 2014 at 7:57 PM

    So enjoy your movies and your books, and excited to see the next! Thank heaven that you will be free to continue your work. That’s so important!

  • Matthew Pepper says:

    September 26, 2014 at 12:29 AM

    Your next movie should expose Holder and your journey. He is resigning now and once his prosecutorial immunity is over he will be vulnerable. He has done real harm to the country. All of this was predicted in “2016”. Use the experience to make yourself stronger. It will.

  • Peggy Hale says:

    September 26, 2014 at 8:12 AM

    Mr D’Souza you are truly an American hero! May God keep you safe and you are in our hearts and prayers.

  • Brian says:

    September 26, 2014 at 9:19 AM

    Dinesh,

    I’m so glad you’ve been able to get through this charade! You’re a great American and we love your patriotism. Keep up the good fight!

  • DAISY says:

    September 26, 2014 at 12:35 PM

    Be assured that I will be praying for you during the time of your government ‘forced’ confinement. However, they do not know that you are a man completely ‘free’ in Christ Jesus. Yes, many unjust things are happening and it is quite obvious just why certain things like this happen. We have evil forces at the ‘helm’ right now. But, I claim Gods’ Word that states— “greater than He that is in you than he that is in the world.” The three Hebrew children were in jail unjustly. But God freed them of their chains and out the door. I pray that His presence will be with you each & every day. Also, I pray that you will be able to lead others to know our Lord & Savior.

  • Thomas says:

    September 26, 2014 at 4:28 PM

    The Attorney General’s office is another foul-smelling part of Obama’s joke of a government. Continue your march, Mr. D’Souza, to root out the rotten spots in the nation’s capital. I’m behind you 100%.

  • Joyce Clemons says:

    September 27, 2014 at 5:03 AM

    Today was an eye opener…Preet Bharara thought to be in top line of picks for Eric Holder’s vacancy. Can’t say I am surprised. Same week, his court would be location for lawsuit against Indian head of state…when he arrives tomorrow, a process server will be seeking to serve him a summons. There’s really no end to the ironies and abuses of ambition. Please be careful and know that you are greatly valued.