Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

Aviation Pro

(12,188 posts)
Thu Aug 3, 2023, 09:32 AM Aug 2023

Special Administrative Measures (SAM)

This is how you plow through the bullshit of, "Well, Motherfucker would be too hard to imprison," trope.

A special administrative measure (SAM) is a process under United States law (28 CFR 501.3; see also USAM title 9 chapter 24 — Requests for Special Confinement Conditions) whereby the United States Attorney General may direct the United States Bureau of Prisons to use "special administrative measures" regarding housing of and correspondence and visitors to specific inmates. It includes prisoners awaiting or being tried, as well as those convicted, when it is alleged there is a "substantial risk that a prisoner's communications or contacts with persons could result in death or serious bodily injury to persons, or substantial damage to property that would entail the risk of death or serious bodily injury to persons." Such measures are used to prevent acts of violence or terrorism or disclosure of classified information.

The law is considered particularly controversial because it permits monitoring of attorney-client communications of designated prisoners.[1] Initiated in November 2001, the Department of Justice considered this an expansion of an existing regulation; formerly, such restrictions had only been allowed through court orders. The law specifies that information protected by attorney-client privilege cannot be used for prosecution; however, communications related to ongoing or contemplated illegal acts are not covered.[2]

As of May 22, 2009, 44 out of 205,000 federal inmates were subject to SAMs, 29 incarcerated on terrorism-related charges, 11 on violent crime-related charges and four on espionage charges.[3] Well known individuals who have been under special administrative measures include American Taliban supporter John Walker Lindh[4] and organized crime figure Frank Calabrese, Sr.[5] Perhaps the best known application of this provision was the prosecution of attorney Lynne Stewart and interpreter Mohamed Yousry for passing messages between Omar Abdel-Rahman and his supporters in violation of a special administrative measure against communications.[6] After her conviction, sentencing and re-sentencing to 10 years in prison, she appealed on freedom of speech grounds.[7] Other cases include Robert Hanssen, Syed Fahad Hashmi (see below), and Dzhokhar Tsarnaev, Boston Marathon bomber,[8] who never could speak privately to his attorneys.


Link.
9 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies

Irish_Dem

(47,453 posts)
1. Yep, the real issue: does the DOJ want to jail Trump or not.
Thu Aug 3, 2023, 09:35 AM
Aug 2023

It is just an excuse to say we cannot figure out how to imprison him.

Absurd to say that.

Of course we can figure out how to do it if we want to do so.

Aviation Pro

(12,188 posts)
2. The follow up question is
Thu Aug 3, 2023, 09:38 AM
Aug 2023

Who's saying that? Not DoJ, but the usual crowd of navel gazers in the media.

Irish_Dem

(47,453 posts)
3. Could be coming from the DOJ if they don't want to send Trump to jail.
Thu Aug 3, 2023, 09:50 AM
Aug 2023

Make up an excuse the public will buy and not question.

It is 100% certain that the DOJ has discussed this issue internally.
Maybe they have already made a decision about it.
Or perhaps Smith and Garland don't agree on it.
Or maybe they are going to let Trump's behavior after indictment make the decision.
Or let the judge and jury decide.

But prosecutors can make suggestions on sentencing.

Time will tell the tale as events unfold.

Fiendish Thingy

(15,659 posts)
4. Nobody at DOJ is saying that
Thu Aug 3, 2023, 10:08 AM
Aug 2023

And it wouldn’t be up to them anyway, it would be up to the Department of Corrections, in conjunction with the Secret Service,

Irish_Dem

(47,453 posts)
7. We don't know what is being discussed behind the scenes.
Thu Aug 3, 2023, 10:39 AM
Aug 2023

And of course we could imprison a former president if we wanted to.

Letting minor bureaucrats make the decision is just more absurdity.

It is like all the nonsense about how we cannot stop gun violence.
If there was the united will of the American people to stop it,
we would find a way. Like other countries have.

Fiendish Thingy

(15,659 posts)
8. So, since no one know what DOJ says in private, your point is moot
Thu Aug 3, 2023, 11:15 AM
Aug 2023

Why debate the question of whether DOJ really wants to put Trump in prison?

Smith sought indictments that have possible sentences of decades in prison.

If convicted, Trump will be sentenced by a judge; DOJ will only have input on sentencing recommendations.

I guess that’s when you’ll get the answer to your question.

If Smith asks for probation and community service, then you’ll know the fix was in.

Latest Discussions»General Discussion»Special Administrative Me...