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ProSense

(116,464 posts)
Mon Feb 25, 2013, 12:31 PM Feb 2013

Sotomayor Condemns Prosecutor’s Racially Insensitive Remark

Sotomayor Condemns Prosecutor’s Racially Insensitive Remark

Supreme Court Justice Sonia Sotomayor slammed the racially insensitive comments of a federal prosecutor in a Texas drug case Monday, calling his words "an affront to the Constitution's guarantee of equal protection of the laws," CNN reports. Sotomayor agreed with a majority on the court in declining to review the case, but still took the opportunity to issue a statement condemning the prosecutor's words as well as the Justice Department's reaction to them.

The prosecutor–whom Sotomayor refused to name–said during cross-examination of a drug conspiracy case: "You've got African-Americans, you've got Hispanics, you've got a bag full of money. Does that tell you–a light bulb doesn't go off in your head and say, This is a drug deal?"

"It is deeply disappointing to see a representative of the United States resort to this basic tactic more than a decade into the 21st century," Sotomayor said. "We expect the government to seek justice, not fan the flames of fear and prejudice."

"I hope never to see a case like this again," Sotomayor concluded.

http://livewire.talkingpointsmemo.com/entry/sotomayor-condemns-prosecutors-racially-insensitive-remark


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Sotomayor Condemns Prosecutor’s Racially Insensitive Remark (Original Post) ProSense Feb 2013 OP
Immediately Reminds Me of This fredamae Feb 2013 #1
It's also a rebuke to the Federal judge who allowed this shite to go on in front of them. msanthrope Feb 2013 #3
Not just Sotomayor--Breyer got in on the action noting that the DOJ attorneys who msanthrope Feb 2013 #2
"it did not cast doubt on the outcome of the trial" joshcryer Feb 2013 #11
Oh, yeah...and if you read the whole DOJ brief, that wasn't the only comment the AUSA made. msanthrope Feb 2013 #12
Incredible. joshcryer Feb 2013 #14
For some reason that PDF won't open so I appreciate your synopsis Number23 Feb 2013 #15
You're welcome. Good to see you! nt msanthrope Feb 2013 #18
Always good to see you too, msanthrope. There are few here with more facts than you Number23 Feb 2013 #20
Meanwhile, Clarence Thomas scored a 10,000 on Angry Birds during the exact same argument. nt Tommy_Carcetti Feb 2013 #4
LOL n/t FourScore Feb 2013 #8
+1 uponit7771 Feb 2013 #19
A friend of daughter, a criminal attorney, named her dog Justice so she would see a little indepat Feb 2013 #5
disgusting comments... one_voice Feb 2013 #6
kick Blue_Tires Feb 2013 #7
Kick! n/t Tx4obama Feb 2013 #9
His name is Sam L. Ponder jsr Feb 2013 #10
Absolutely amazing. ronnie624 Feb 2013 #13
The SCOTUS failed hard on this. joshcryer Feb 2013 #16
I admit I don't know much about SCOTUS... Jasana Feb 2013 #17
Kick politicasista Feb 2013 #21

fredamae

(4,458 posts)
1. Immediately Reminds Me of This
Mon Feb 25, 2013, 01:00 PM
Feb 2013
http://www.mike-gray.org/psa/Anslinger_Ad.pdf

Same 'ol Racist BS and Propaganda from all these decades ago---I believe a majority are catching on and Justice Soto-Mayor's rejection of it will go far, imo.
Enough of this crap.
 

msanthrope

(37,549 posts)
3. It's also a rebuke to the Federal judge who allowed this shite to go on in front of them.
Mon Feb 25, 2013, 01:33 PM
Feb 2013

The defense attorney originally did not object to the first remarks, but did raise objections to the further improper line of questioning.

But the judge could and should know better than to allow such an argument.

 

msanthrope

(37,549 posts)
2. Not just Sotomayor--Breyer got in on the action noting that the DOJ attorneys who
Mon Feb 25, 2013, 01:24 PM
Feb 2013

were tasked with defending this shite had downplayed the remarks, calling them merely "impolitic."

And it wasn't just remark, either--it was a whole line of argument. The DOJ brief downplaying this crap is here--

http://sblog.s3.amazonaws.com/wp-content/uploads/2013/01/Calhoun-v-United-States-BIO.pdf

They were racist, and disgusting. And Lanny Breuer, signatory to the brief, is rightfully leaving the DOJ on March 1. As head of the Criminal Division of the DOJ, he is one who primarily responsible for advancing this argument. The Solicitor General should take his fair shair of blame, too. And so should the attorney who wrote it. (His name, though not the original prosecutor's name, is on the brief at link.)

joshcryer

(62,269 posts)
11. "it did not cast doubt on the outcome of the trial"
Tue Feb 26, 2013, 02:56 AM
Feb 2013

Did the prosecutor actually say that shit during the trial while cross-examining or whatever? If so, what the living fuck.

 

msanthrope

(37,549 posts)
12. Oh, yeah...and if you read the whole DOJ brief, that wasn't the only comment the AUSA made.
Tue Feb 26, 2013, 02:59 AM
Feb 2013

It's disgusting.

Number23

(24,544 posts)
15. For some reason that PDF won't open so I appreciate your synopsis
Tue Feb 26, 2013, 04:51 AM
Feb 2013

I'd like to say all of this is surprising. But of course, it isn't.

Welcome to "post-racial" America.

Number23

(24,544 posts)
20. Always good to see you too, msanthrope. There are few here with more facts than you
Tue Feb 26, 2013, 06:51 PM
Feb 2013

You have put a world of hurt on alot of folks here. And it's been damn entertaining to see.

indepat

(20,899 posts)
5. A friend of daughter, a criminal attorney, named her dog Justice so she would see a little
Mon Feb 25, 2013, 03:08 PM
Feb 2013

Justice every day. That, my dear Justice Sotomayor, might be the only practical way.

jsr

(7,712 posts)
10. His name is Sam L. Ponder
Mon Feb 25, 2013, 10:51 PM
Feb 2013
http://www.washingtonpost.com/politics/sotomayor-chides-prosecutor-for-racially-charged-question/2013/02/25/23e4a836-7f8d-11e2-b99e-6baf4ebe42df_story.html

Sotomayor did not name Assistant U.S. Attorney Sam L. Ponder in her statement, but she denounced his questioning of Calhoun, who maintained in court that he did not know that the friends with whom he was traveling were planning a drug deal.

Ponder had asked Calhoun: “You’ve got African Americans, you’ve got Hispanics, you’ve got a bag full of money. Does that tell you — a light bulb doesn’t go off in your head and say, ‘This is a drug deal?’ ”

Sotomayor, who in 2009 became the court’s first Hispanic member, said Ponder’s question was “pernicious in its attempt to substitute racial stereotype for evidence, and racial prejudice for reason.”

She added: “It is deeply disappointing to see a representative of the United States resort to this base tactic more than a decade into the 21st century. Such conduct diminishes the dignity of our criminal justice system and undermines respect for the rule of law. We expect the government to seek justice, not to fan the flames of fear and prejudice.”

joshcryer

(62,269 posts)
16. The SCOTUS failed hard on this.
Tue Feb 26, 2013, 05:03 AM
Feb 2013

Total bullshit. Though at msanthrope said, it's all on the DOJ for making a defense of such absurdities. That guy was completely railroaded. Fucking bullshit.

Jasana

(490 posts)
17. I admit I don't know much about SCOTUS...
Tue Feb 26, 2013, 05:27 AM
Feb 2013

but after the Citizen's United decision, I'm learning. I'm afraid I don't like much of what I'm leaning but at least Sostomayor spoke out on this.

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