Attorney General Holder has taken action to throw out the recent conviction of former Alaska senator Ted Stevens. Apparently Justice Department prosecutors acted improperly. Defense did have not access to documents. The judge criticized the prosecution and had been awaiting clarification from the Justice Department.
Another Judge on another case also awaiting clarification from the Justice Department. That would be George H. Wu, the district court judge who just oversaw the federal conviction of California medical cannabis provider Charles C. Lynch.
As mentioned before in an earlier blog post, during the federal trial Judge Wu enforced the edict that nothing could be said about the legality of medical marijuana in California. The state laws legalizing medical cannabis under which Mr. Lynch operated faithfully could not be mentioned. Nor was mention of the dispensary’s grand opening with the mayor allowed, and not the great help the medication helped some of the residents of Morro Bay.
Outraged jurors, who felt forced to convict given the few facts available to them, condemned their own verdict and enforced ignorance imposed by the court. As reported in the New Times, Juror Mariclare Costello wrote,
- “I had to find Mr. Lynch guilty of breaking the federal law. Mr. Lynch is in the impossible position of being caught between two valid and contradictory laws. Common sense has been abandoned. Justice is questionable at best. To compound this lack of justice with further punishment is untenable.”
Actually there is nothing valid about the federal cannabis laws. Constitutionally, the federal government has no such powers; An amendment was required to prohibit alcohol. There is no amendment against cannabis. Drug laws, if they exist, should be state laws.
- The federal government certainly has no business overriding state laws and specifically denying the will of voters. It certainly should not be tormenting and probably caging good Americans like Charles Lynch. No matter, he will probably be sentenced on April 20.
Eric Holder, in light of prosecutor misdeeds, is overthrowing Senator Steven’s conviction. As he put it, “I have determined that it is in the interest of justice to dismiss the indictment and not proceed with a new trial.”
Well good, because if “the interest of justice” is actually foremost in Eric Holder’s mind he should be equally as quick to avoid a travesty by dismissing the indictment of Charles Lynch.