I finally got around to reading the April edition of Reason magazine (I subscribe and it’s sat there among various other unread things). In this edition was one of the best commentaries on our current federal “justice” system I’ve ever read. It’s eye-opening, scary, and will serve to really piss you off if you love freedom. One of my friend’s favorite phrases is “everything’s a felony.” He may be right…
Washington’s Biggest Crime Problem
The federal government’s ever-expanding criminal code is an affront to justice and the Constitution.
William L. Anderson and Candice E. Jackson
Michael Paul Mahoney was convicted of selling methamphetamine in 1980 and served 22 months in a Texas prison. Upon his release, he went straight, opening a pool hall in Jackson, Tennessee. After closing up each night, he would deposit the day’s receipts at the bank, carrying a small .22-caliber pistol for protection.
In 1992, after the pistol was stolen, Mahoney bought a new one at a pawnshop, filling out the required paperwork. After the Bureau of Alcohol, Tobacco, and Firearms investigated the purchase, the U.S. Attorney’s Office in western Tennessee charged him with violating a federal law that bars “career criminals” from owning a gun. (He qualified as a career criminal because he had sold methamphetamine to an undercover officer three times.) Although the judge at Mahoney’s trial protested that it was pointless to pursue such a case against a now-law-abiding citizen, federal sentencing rules tied his hands. Mahoney, who was 39 when he was convicted in 1993, received a 15-year sentence. By contrast, people convicted under Tennessee’s law prohibiting gun ownership by felons (which did not apply to Mahoney, since his drug conviction was more than 10 years old) can receive sentences of less than a year.
In 2000 Memphis business owner Logan Young, who had been a close friend of the legendary University of Alabama football coach Paul “Bear” Bryant, was accused of paying some $150,000 to two Memphis high school coaches in an attempt to steer a prize recruit to Alabama.
The National Collegiate Athletic Association investigated the charges and placed Alabama’s football team on probation for two years. Young arguably could have been charged with violating a Tennessee law that forbids bribes to “public servants,” a crime that carries a penalty of three to six years in prison. But then prosecutors would have had to prove that he actually bribed the coaches, a charge he hotly denies.
Instead he was indicted last fall on three federal charges derived from the alleged bribery: conspiring with the coaches; aiding and abetting travel across state lines “with the intent to further unlawful activity”; and trying to conceal the alleged payments by withdrawing the money in amounts of less than $10,000, the threshold for a currency transaction report to the Internal Revenue Service. Each count carries a five-year prison term.
Read the rest: http://www.reason.com/0404/fe.wa.washingtons.shtml
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