By Scott W. Winchell, SUA Editor
Noted Obama critic and conservative icon Dinesh D’Souza was spared actual prison time for pleading guilty to election law violations. He was fined a healthy sum, sentenced to probation for a lengthy period, and must serve an eight month stint in a ‘community confinement center’ as part of his probation.
We at SUA assert, and it is quite obvious, Mr. D’Souza was selectively prosecuted by an over zealous US Attorney and the Department of Justice, but indeed he was guilty of a dumb move, a campaign finance law felony. He freely admits that, unlike many he debates often like Bill Ayers, the infamous domestic terrorist.
However, when we look at the totality of crimes, this one ranks as one of the least impactful to the community, and it is certainly non-violent. It was a case that really did not warrant such expense and effort under normal prosecutorial discretion. It appeared then and now that it was payback.
Yes, it is a crime that goes to the core of our Republic’s existence and survival, but does the punishment meet the true deleterious effect it had on the community in this case?
Since the recipient candidate of the donations lost so badly, and the amounts were in a microscope’s spectrum (especially compared to what took place when Bill Clinton was campaigning), why was a contrite man made to be such an example? Did the dated crime warrant such fervor and obvious extraordinary effort to find something on D’Souza?
Of course not, but then again, don’t cross the ‘enforcer’ and Obama ‘protector’, Eric Holder and his DoJ!
What impact did the prosecution have in its extremely zealous pursuit of the now convicted D’Souza? Well, it seems there was some real proof of how zealous they were, exposing just why they sought to pillory him. They were afraid of leniency so they are allegedly guilty of crimes in the prosecution:
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. (Read more at Townhall)
We also question the sentence. Why? Because he received what amounts to incarceration, just not in a penitentiary. Even convicted drunk drivers get less in most states and their crimes are of a potential violent nature.
It sure helps prove that if someone in law enforcement has it in for you, they will find something to nail you on with such a huge amount of laws on the books, many of which are not ‘faithfully executed’ by the very same people. In our ‘weaponized’ Obama administration, that has become all too clear.
What is a Community Confinement Center anyway? Is he going to need counseling and ‘do not do that’ classes? Will he need an intervention? What if his probation officer voted for Obama, twice? What if he continues to be an activist FOR America, unlike those who are clearly against it? It appears he will have to teach English to non-English speaking citizens?
Community confinement is a condition of probation or supervised release. It involves residence in a halfway house, restitution center, community treatment center, mental health facility, alcohol or drug rehabilitation center, or other community facility.
It looks like Dinesh was just not contrite enough, as Judge Berman felt, but why did the judge NOT admonish the prosecution and reduce the sentence further as a means to punish over zealous, ideologically driven federal prosecution?
It certainly did not comport with who D’Souza is, and that rehabilitative endeavors are a waste of tax dollars and Mr. D’Souza’s own ability to support himself and continue to be a community activist educator – isn’t that superior to being a community organizer?
Justice was certainly not blind in this case!
Dinesh D’Souza Sentenced to Probation, Community Service
Following nearly three hours of compelling, wrangling, and heartfelt deliberations, author and filmmaker Dinesh D’Souza was sentenced on Tuesday to five years of probation. He will serve the first eight months in a community confinement center, as deemed by Judge Richard Berman in the United States District Court of the Southern District of New York.
D’Souza, 53, said he was thankful that Judge Berman passed a “fair judgment.” Speaking on his behalf, D’Souza’s attorney Benjamin Brafman said, “I’ve yet to find a case exactly like this that ends in a prison sentence, and I’m glad that this was not the first one. We are delighted that Judge Berman spared Mr. D’Souza.”
Brafman cited several similar cases during D’Souza’s sentencing in the federal courtroom, none of which ended in jail time. Brafman posited that a punishment of incarceration did not fit the crime for which D’Souza was being judged. In the end, Judge Berman agreed.
Judge Berman also took into consideration the fact that this was the 53-year-old D’Souza’s first offense.
D’Souza was indicted by a federal grand jury in the beginning of this year for making straw donations – contributions in the names of other people – to a Republican Senatorial candidate running in the State of New York, Wendy E. Long – a move that is violation of federal campaign finance laws. D’Souza had, through two friends, donated $20,000 to Long’s campaign, an amount which exceeds the $5,000 legal limit.
The esteemed author, filmmaker, and commentator was described as a “person who cares” and who is “good at heart.” During the sentencing, D’Souza told Judge Berman, “I know what I did was wrong, and I am contrite about it.”
In addition to his five-year probation sentencing and eight months of confinement in a community confinement center — or restitution center, which will likely be completed in San Diego, California where D’Souza resides — Judge Berman ordered D’Souza to undergo “therapeutic counseling.” Berman also noted that during those five years, D’Souza must carry out community service by teaching English as a Second Language (ESL) for eight hours a day, one day a week.
Attorney Michael Gaynor, who was present at D’Souza’s hearing as a spectator, told Breitbart News that “Dinesh D’Souza does not belong in jail.” He also pointed out that he had never heard a judge sentence a defendant to therapeutic counseling.
Judge Berman also ruled that D’Souza must pay a $30,000 fine within 45 days. Berman, 71, was appointed to the court by President Bill Clinton.
Assistant U.S. Attorney and Prosecutor Carrie Cohen, who had from the start of the case outlined the U.S. Government’s charge against D’Souza, argued during the sentencing that D’Souza’s “actions were premeditated” and stated that “a prison sentence is sufficient.”
Brafman rebutted that D’Souza’s act was carried out “without premeditation” and noted that, if he had planned out said action, the $25K his client had withdrawn in one lump sum from his bank would have, in fact, been drawn out in increments of “under $10k at a time” in order to avoid a currency transaction report (CTR). Thus, Brafman argued that D’Souza did not act in a manner that was premeditated.
D’Souza admitted that, in the interest of time, he had not consulted attorneys in his decision to donate to Long’s campaign in the way he did nor did he create a political action committee (PAC).
D’Souza, who is known for such documentary films as 2016: Obama’s America (released in 2012) and America: Imagine a World Without Her, which hit theaters this year, is due back in court on October 15 for the finalization of details of his sentencing.