WND: Dem Judge Orders Psych Counseling For D'Souza

Originally posted at WND by Jerome Corsi.

At a hearing Monday in Manhattan in which he ruled filmmaker Dinesh D’Souza must continue community service for four more years, U.S. District Judge Richard M. Berman said he considers D’Souza’s violation of federal campaign-finance laws to be evidence of a psychological problem and ordered further counseling.

D’Souza’s defense counsel Benjamin Brafman provided evidence to the court that the psychiatrist D’Souza was ordered to see found no indication of depression or reason for medication. In addition, the psychologist D’Souza subsequently consulted provided a written statement concluding there was no need to continue the consultation, because D’Souza was psychologically normal and well adjusted.

But Judge Berman, who was appointed by Bill Clinton, disagreed, effectively overruling the judgment of the two licensed psychological counselors the U.S. probation department had approved as part of D’Souza’s criminal sentence.

“I only insisted on psychological counseling as part of Mr. D’Souza’s sentence because I wanted to be helpful,” the judge explained. “I am requiring Mr. D’Souza to see a new psychological counselor and to continue the weekly psychological consultation not as part of his punishment or to be retributive.

D’Souza has become known for his two popular films critical of President Obama. 2016: Obama’s America was released during the 2012 presidential campaign and America: Imagine the World Without Her came out in July 2014, ahead of the midterm elections.

“I’m not singling out Mr. D’Souza to pick on him,” Berman said at the hearing Monday. “A requirement for psychological counseling often comes up in my hearings in cases where I find it hard to understand why someone did what they did.”

WND reported that at the Sept. 23, 2014, sentencing hearing, Berman said he could not understand how someone of D’Souza’s intelligence, with credentials that include college president, could do something so stupid as to violate federal campaign contribution laws. D’Souza was at the pinnacle of his career, writing bestselling non-fiction books and producing popular feature films.

As WND reported, after pleading guilty to campaign-finance violations, D’Souza was sentenced in September to eight months in a work-release center, five years of probation, a $30,000 fine and community service. He pleaded guilty in May 2014 to arranging “straw donors” to contribute $10,000 to the failed 2012 U.S. Senate campaign of Wendy Long, a college friend.

On May 31, he was released from nightly detention at a work-release center in San Diego after eight months. During that time, in fulfillment of his community service requirement, he taught English once a week to Spanish-speaking applicants for American citizenship. Berman ruled Monday he must continue for another four years the community-service portion of his sentence.

In his eight months of nightly confinement, he found time to sign a contract with HarperCollins and begin writing a new book to follow his 2014 New York Times bestseller, America. He also started the process of financing his next feature film, scheduled for the 2016 presidential campaign. And he’s designed a sequel to his highly profitable 2014 feature film, America: Imagine the World Without Her.

‘I was a psychology major’

Berman explained at the hearing Monday that his social-work training combined with his psychology major has made him sensitive to psychological issues in the criminal cases he hears.

“You have to understand, I have a background in social work with a psychology major,” Berman explained. “I’m sensitive to mental health issues in the criminal cases I hear, and I do not want to end psychological counseling at this time in Mr. D’Souza’s case.”

Brafman countered that it was not fair to require someone like D’Souza to continue psychological counseling as part of his sentence when the doctors D’Souza has seen so far believe he does not need to continue the psychological counseling.

“Applying your argument to white-collar crimes,” Brafman continued, “why wouldn’t all white-collar criminals need psychological counseling?”

Berman countered that 85 percent of all criminal defendants who appear before him argue they don’t need psychological counseling or drug therapy, among other rehabilitative interventions.

‘A colossal failure of introspection’

“What I’m reading in the psychological case notes is compatible with my own impressions,” Berman continued. “The psychological case notes indicate that while Mr. D’Souza is highly intelligent, he has remarkably little insight into his own motivations, that he is not introspective or insightful, but that he tends to see his own actions in an overly positive manner.

“I consider the original crime in this case is an insight issue,” Berman continued. “That Mr. D’Souza committed this crime involves a colossal failure of insight and introspection. The case notes also say Mr. D’Souza has weaknesses in controlling his own impulses and that he is prone to anger in reaction to criticism.”

The judge noted the psychologists “chart indicates Mr. D’Souza tends to deny problems, that he lacks insight into his own behavior, that he is arrogant and intolerant of the feelings of others, while projecting an overly positive image of himself.”

“Therefore, I am ordering Mr. D’Souza to continue psychological counseling with another therapist,” said Berman.

“Therapy is more of an art than a science, and a new therapist may be what is needed in this case,” he said.

Berman ruled the sentencing requirement for weekly psychological counseling would be re-examined at the next sentencing review hearing, scheduled for Oct. 8 at 11:30 a.m. in his Manhattan courtroom.

Five years of teaching English required

As WND reported Monday, Berman ruled that D’Souza’s sentence requiring him to spend eight hours per week teaching English to Spanish-speaking students applying for U.S. citizenship was meant to be coterminous with his “supervised release,” or parole.

“I’m certain I would never have imposed a community service requirement to end with the community detention,” Berman said, rejecting an argument Brafman made that the original sentencing order was ambiguous.

Berman also rejected Brafman’s argument that a five-year community service requirement to teach English to Spanish-speakers was onerous, taking into account that D’Souza had no prior criminal record and that his crime, while a felony, was committed at a particularly stressful time of his life, while he was in the midst of a difficult divorce settlement.

In previous court appearances, Brafman had argued D’Souza’s crime, while admittedly a felony under federal law, was reflective more of an oversight involving a relatively small sum of money, not indicative of serious criminal malicious intent.

dsouza-class

‘A real sentence in every respect’

D’Souza’s attorney, Brafman, argued: “With Mr. D’Souza required to spend one day every week in community service, this sentence is a real impediment to pursuing full-time employment.”

Berman countered: “I intended this to be a real sentence in every respect. Mr. D’Souza pleaded guilty to a felony, and I believe at the time the initial sentence was announced, Mr. D’Souza was relieved he was not facing incarceration.”

Also at issue was D’Souza’s request to travel internationally to visit his 80-year-old mother in India and to visit his daughter at school in London.

Berman ruled that permission to travel internationally would be reconsidered at the Oct. 8 hearing, but D’Souza would be allowed to purchase his air tickets now, with the court assuming the Oct. 8 hearing will find him in full compliance with all aspects of his sentencing requirements.

While D’Souza is under no domestic travel restrictions, he must request court approval to travel internationally, and he is allowed to pick up his passport only 24 hours prior to departure. His passport must be surrendered to federal authorities 24 hours after the completion of his return flight.

Also at issue in the Oct. 8 hearing will be proof D’Souza has completed 416 hours teaching English by the end of September, as required under the mandate that he devote eight hours a week to it.

D’Souza is behind schedule because of difficulties finding an appropriate venue in San Diego.

He told WND in an interview last month that he has enjoyed teaching the English classes.

“I have become very attached to my students,” he said. “There are around 100 of them, in classes ranging from beginner to intermediate to advanced.”

He said many of them have now seen his film, America, which he gave to them as a Christmas present.

“They have gotten to know me and my situation,” he said. “And they are now huge fans. If you ran Obama against me with this group, I doubt he would get a single vote.”

Read more at WND.

 

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32 Comments

  • frances quinn says:

    July 14, 2015 at 9:55 PM

    absolutely and utterly ridiculous, hillary, obama, sharpton, holder, jesse jackson junior, all guilty of far worse and the judge rules like this what an imbecile that judge is and so way overboard for the crime.

    • Mike E says:

      July 15, 2015 at 9:41 PM

      You sure about that? He’s giving D’Souza a crazy out. If D’Souza refuses, he goes to jail. Mind you, he might belong there. You folks seem to think every lib deserves jail, here’s a cons who absolutely does by comparison.

      • Joe Aguirre says:

        July 16, 2015 at 3:42 PM

        I agree he is getting the punishment he deserves, but let’s not pretend the judge in this case or the system in general tends to hold conservatives to a higher moral standard than it does liberals. It undermines your credibility

  • Joe says:

    July 14, 2015 at 9:56 PM

    Someone tried to harm you, but God has used your situation for good. Let these young men and women proclaim to others what they have seen and heard. God bless you Dinesh.

  • Marinevet says:

    July 14, 2015 at 10:01 PM

    This Judge did this only because D’Souza is a conservative. A conservative who criticizes the president.Who liberals consider to be infallible. There is no other reason for it. Even his B/S reasons were, well I can’t say here what they were.
    “that he is not introspective or insightful, but that he tends to see his own actions in an overly positive manner” What a load. If anyone is guilty of that it is the judge for pushing the edge of the law insisting his is the better opinion over the 2, make that 2, licensed psychological counselors. That were the ones recommended by the parole board. This judge considers his layman’s opinion over them.

  • jonsen says:

    July 14, 2015 at 10:14 PM

    Dinesh, the upside is you might be able to turn some of your counselors into conservatives. Just don’t drink or eat anything while you are with them, and don’t let them prescribe any “medicine”

  • chris sanders says:

    July 14, 2015 at 10:18 PM

    maybe the judge should look at a case involving the clintons,

  • Norman says:

    July 14, 2015 at 10:30 PM

    This judge thinks we are all fools. “I have a degree in psychology which means I can screw a lightbulb into a socket”.

  • Boyd Allen says:

    July 14, 2015 at 10:35 PM

    What is really stupid about this is the hypocrisy of the law. All that he would have had to do was to create a PAC, donate money to it, and then have it pay for advertising that advocated
    voting for his candidate of choice. Really….all that education and no imagination….sad. Why is it that the system makes examples of powerless individuals, while refusing to act on the lawlessness of highly placed, powerful people. What this is a fine example of is that there are several standards for “justice” in this country, depending on who you are.

  • Susan Jehilu says:

    July 14, 2015 at 10:37 PM

    Perhaps he’ll turn the spanish speaking students into good republicans. Now that would be wonderful.

    • Mark says:

      July 15, 2015 at 6:25 PM

      I was thinking that the sentence fulfilled by teaching English may do as much good and reach people likely never to otherwise read one of his books. It may be divinely providential. Wait till we see an otherwise unexplained uptick in conservatism among recent Latin (and other?) immigrants to San Diego County!

  • Mark Kaczmarek says:

    July 14, 2015 at 10:50 PM

    Next up…”reeducation camps”

    • Kurt Waltz says:

      July 15, 2015 at 1:36 PM

      Mr. Kaczmarek: You are, I fear, joking with the truth.

  • Mary says:

    July 14, 2015 at 11:10 PM

    You are being persecuted by this administration principally this President.
    But, your fans still stand by you. Keep on doing your work….hopefully, this country will begin to see Obama for he really is.
    BTW, Barack #1 is not his father…..Frank Marshall Davis, card carrying
    communist is his father and mentor…..
    Just something for you to ponder.

  • Jim Welch says:

    July 14, 2015 at 11:14 PM

    I am worried about Judge Berman. Definition of crazy (doing the same thing over and over again and expecting a different result). If Judge Berman did not believe the psychiatrists and thought he new more than them, then why did he keep sending you to people that he was smarter than.

  • haywood says:

    July 14, 2015 at 11:26 PM

    oh boy! This is a very politically motivated sentence in my humble opinion.
    This is so wrong.

  • suzanne christman says:

    July 14, 2015 at 11:47 PM

    This judges is describing Obama not D’nesh.

    • suzanne christman says:

      July 14, 2015 at 11:48 PM

      This Judge Is Describing Obama not D’nesh!

  • Patty says:

    July 14, 2015 at 11:50 PM

    And what are you conditions for those convicted of voter fraud? Obama just commutes their sentence and the DNC gives them a HERO’s welcome.

  • Hart Fischer says:

    July 14, 2015 at 11:58 PM

    Ok, at some point this arbitrary prosecution of political opponents has to end. To call this minor issue with technicalities of the campaign finance law a felony is already outrageous. Imagine a Republican DOJ would put Michael Moore in prison, under 5 year ongoing community service. Unlike the leftists, I would be just as outraged. The left has no concept of respect for democratic opposition and freedom.
    Judge Berman has fallen victim to exactly what he accuses Dinesh of , ” …lacks insight into his own behavior, that he is arrogant and intolerant of the feelings of others, while projecting an overly positive image on himself”. Dinesh is not that at all.
    Judge Burman does not give a … about all of us people for whom Dinesh provides invaluable help to give us a voice in this struggle against the government funded institutions that steal our liberty.
    The Campaign Finance Reform law is just one of these freedom-destroying tools, well meaning like they all are, but an evil monster in the detail. I had hoped initially that Judge Burman understood that dilemma. Apparently he does not, or he chooses not to. My impression of the DOJ prosecution is certainly much worse, and sadly sinister.

  • Rena says:

    July 15, 2015 at 12:03 AM

    This judge clearly has an agenda, and that is to make D’Souza an example… The judge may have a degree in psychology but he doesn’t know crap about it. In my opinion, the judge is inexperienced and experimenting, using D’Souza as his test subject to see how far he can push someone to the limits…

  • ruth says:

    July 15, 2015 at 12:20 AM

    10 to 1 says that sob judge is a demoncrat…and he is persecuting D”souza…Maybe it is the judge who needs a psyche evaluation..

  • Deb says:

    July 15, 2015 at 12:20 AM

    What the judge doesn’t understand is how, after all the re-education and jail time, Dinesh doesn’t love liberalism. Good grief, his attitude borders on fanaticism. People like Dinesh don’t change their values because a judge says they must. Hang in there, sir! You are among the strongest voices for sane conservatism.

  • Bob Giovannettone says:

    July 15, 2015 at 1:22 AM

    Keep up the fight Dinesh. You are a patriot.

    Thanks

  • Linda says:

    July 15, 2015 at 9:45 AM

    He only wanted to be helpful???? What kind of weak clap trap is that? And so now the judge a psychology expert?
    I am so angry I can’t even express myself properly . Forgive me. Mr. D’Souza , please stay strong and don’t allow any psychiatrist in concert with this judge brainwash you or make you take any drugs. I know how they operate. Play the mind game and overcome these horrible people.

  • Linda says:

    July 15, 2015 at 9:45 AM

    He only wanted to be helpful???? What kind of weak clap trap is that? And so now the judge a psychology expert?
    I am so angry I can’t even express myself properly . Forgive me. Mr. D’Souza , please stay strong and don’t allow any psychiatrist in concert with this judge to brainwash you or make you take any drugs. I know how they operate. Play the mind game and overcome these horrible people.

  • jennifer says:

    July 15, 2015 at 9:57 AM

    how often does this judge extend community service? he is being persecuted…….

  • Hans Vraalstad says:

    July 15, 2015 at 12:18 PM

    Gulag O´Bozo.

  • Dell Newsom says:

    July 15, 2015 at 1:47 PM

    This is a trial balloon, sent up to see if the Left can send anyone, for any minor offense, to re-education camps. This is only the beginning, but any of us on the Right may be next – even if we do nothing more than refuse to take down a Confederate battle flag after our local Socialist State tells us we must.

  • Ronigee Dawg says:

    July 15, 2015 at 3:06 PM

    two factors at play here … the judge has an *obvious* bias … but D’Souza did a *really really* stupid thing. Listening to the defendant whine about unfair treatment is difficult : YOU were the one that created this mess.

    Having said that … the judge *really* needs to pass this on because even if he thinks he is doing right, the obvious conflict of interest blurs everything and calls his judgement into question. This is such an obvious case where he should recuse himself, seriously need to consider whether he should be brought up on disciplinary actions. Given that his (Judge’s) judgement could be construed as an OBVIOUS impediment to D’Souza’s ability to impact Hitlery’s run … and his obvious connection to her … I cannot see how this gets by.

  • Cindi says:

    July 15, 2015 at 6:16 PM

    Dinesh, please keep doing what you are doing to promote the freedom for the rest of us that we neither understand nor do we appreciate. You are a great fighter for this country, and I appreciate every effort you make and have made. To have extra stuff added to something you have already completed just proves, to me, that you are doing the right thing. You are on to something the powers that be are afraid of, and you are not afraid. They can’t stop you so they put up extra roadblocks. You are opening up and exposing huge truths in this country that others would really love to see you stop doing. Your efforts and your resources that you dedicate to this country and to me personally have been quite effective. Never give up. God bless you always.

  • B. J. Bergen says:

    July 16, 2015 at 1:28 PM

    If Judge Berman had been one of my Psychology students I would have failed him.