David Sentelle: How One Right-Wing Judge Can be a Wrecking Ball to the Constitution

BuzzFlash Editor's Blog

Mark Karlin, Editor and Publisher, BuzzFlash.com

After 7 1/2 years, the BuzzFlash Editor and Publisher is starting a blog, which will appear from time to time. Technically, it will really be a series of postings on our original content site -- BuzzFlash.org -- but we'll see how it goes. Who knows, maybe we'll spin it off into a regular blog.

Read it for awhile, I'll be as surprised as you about the direction it takes.

November 12, 2007

Ever since reading "The Hunting of the President" by Joe Conason and Gene Lyons, BuzzFlash has been fascinated by the impact one Reagan federal appointee has had on the course of this nation's political history.

His name is David Sentelle -- and he is still doing damage as was revealed by a ruling just a short time ago upholding the Bush/Cheney/Rumsfeld travesty of justice: military tribunals in Guantanamo for detainees.

Sentelle has had a destructive impact on democracy and justice without parallel, considering his longevity on the U.S. Court of Appeals in Washington.

We have called David Sentelle the Zelig of partisan GOP judges.

Over the next couple of postings, we will be talking a bit more about Sentelle (who we have covered in the past on BuzzFlash). But for the moment, let's recap just three of his key party line judicial decisions:

  • He was a key vote in the appellate panel that overturned the felony conviction of Oliver North and John Poindexter for their roles in the illegal Iran-Contra operation.
  • He was the judge who appointed Ken Starr to oversee the effort to impeach Bill Clinton. William Rehnquist, then Chief Justice of the Supreme Court, had placed Sentelle as the judge overseeing the Clinton special prosecutor. When Robert Fiske, a respected non-partisan prosecutor, was ready to exonerate the Clintons, Jesse Helms stepped in and asked Sentelle -- his protege -- to get rid of Fisk and appoint the GOP lapdog, Ken Starr, to take over the Republican hit job on Bill Clinton. Sentelle did as he was told.
  • When a special prosecutor was needed to investigate if George Herbert Walker Bush had abused his office by having the State Department search through Bill Clinton's passport application during the 1992 campaign, Sentelle appointed the partisan Republican former prosecutor Joseph DiGenova (husband and law partner of the FOX talking point attorney, Victoria Toensing). DiGenova's job was, we assume, to clear Poppy Bush and everyone on his staff of any improprieties. Case Closed.

We'll be blogging a bit more about Sentelle and the devastating impact of the Republican assault on the judiciary -- by and large enabled by Democratic senators who defect and vote to confirm unqualified GOP loyalists.

No, the Sentelle story is not the kind that you read about in the rush of news soundbites, but it is a model of how the partisan GOP hacks appointed by Reagan, Bush and Bush will leave a destructive legacy for decades to come.

BuzzFlash Editor's Blog

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What path to cleanup?

The great question as I can see it is how can anything at all be done if these moles in Judicial and Executive lower level jobs are cutting the legs off of any attempt to put things right.

You could elect Gore-Dean for President, appoint Greg Palast to head the FBI, Scott Ritter as Sec. of defense, Joe Wilson at the State Department and his wife as Intelligence czar, and still they would find in reality, what Joe McCarthy screamed about in his wildest fantasies, that the government was being subverted at every level with people who want to overthrow the government and turn it into a totalitarian Dictatorship(with a level of theocracy that was even beyond McCarthy's feverish fantasies)

The only good answer that I can see is to take a note from their play book and use the anti organized crime, anti Communist RICO laws to root out and get any member of the Gang Of Pirates, and remove them from the powers of both position and money.
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If the Gang Of Pirates think that the only good Democrat is a dead Democrat, only a fool would think it bipartisan to accommodate them by acting the part.

Iran/Contra

Good afternoon, Mark;

As I’m sure you know, your opening blog observations are validated by Lawrence Walsh’s “Final Report of the Independent Counsel for Iran/Contra Matters”. In Part XI, “Concluding Observations”, he writes the following (at www.fas.org/irp/offdocs/walsh/part_xi.htm):

“Problems Posed by Congressional Immunity Grants

The magnitude of Iran/contra does not by itself explain why Independent Counsel took so long to complete the task assigned by the Special Division which appointed him. The word ``independent'' in Independent Counsel is not quite accurate as a description of his work. Time and again this Independent Counsel found himself at the mercy of political decisions of the Congress and the Executive branch. From the date of his appointment on December 19, 1986, Independent Counsel had to race to protect his investigations and prosecutions from the congressional grants of immunity to central Enterprise conspirators. At the same time, he had to wait almost one year for records from Swiss banks and financial organizations vital to his work. Once Congress granted immunity, Independent Counsel had to insulate himself and his staff from immunized disclosures, postponing the time he could get a wider view of the activities he was investigating.

Despite extraordinary efforts to shield the OIC from exposure to immunized testimony, the North and Poindexter convictions were overturned on appeal on the immunity issue. While the appellate panels did not find the prosecution was ``tainted'' by improper exposure to the immunized testimony of North or Poindexter, they ruled that the safeguards utilized by the trial courts did not ensure that witnesses' testimony was not affected by the immunized testimony.

Although Independent Counsel warned the Select Committees of the possibility that granting use immunity to principals in the Iran/contra matter might make it impossible to prosecute them successfully, he has never contended that Congress should refrain from granting use immunity to compel testimony in such important matters as Iran/contra. In matters of great national concern, Independent Counsel recognizes that intense public interest and the need for prompt and effective congressional oversight of intelligence activities may well force the Congress to act swiftly and grant immunity to principals.

But, in light of the experience of Independent Counsel in the Iran/contra cases, Congress should be aware of the fact that future immunity grants, at least in such highly publicized cases, will likely rule out criminal prosecution.

Congressional action that precludes, or makes it impossible to sustain, a prosecution has more serious consequences than simply one less conviction. There is a significant inequity when more peripheral players are convicted while central figures in a criminal enterprise escape punishment. And perhaps more fundamentally, the failure to punish governmental lawbreakers feeds the perception that public officials are not wholly accountable for their actions. In Iran/contra, it was President Reagan who first asked that North and Poindexter be given immunity so that they could exculpate him from responsibility for the diversion. A few months later, the Select Committees did that -- granting immunity without any proffer to ensure honest testimony.”

My comment: Washington will continue to handle crimes like this in the same way until we turn them all out.

Bill Darbyshire
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