Mueller’s tactic of charging sensational offenses and pleading them down to comparatively trivial crimes flouts guidelines that are prescribed in the U.S. Attorney’s Manual and that are followed by responsible U.S. attorneys’ offices.
.. the plea deal of Richard Gates, who faced two indictments alleging financial-fraud felonies involving over $100 million in the aggregate, but was permitted to plead guilty to minor charges
.. Kerr’s description of my claim that Mueller is “breaking the rules” suggests that I’ve accused the special counsel of violating the law. No, I’ve accused him of abusing his discretion.
That this is not actionable does not make it right.
.. A defendant should be required to plead guilty to “the most serious readily provable” offense charged
.. The “most serious readily provable” standard applies to plea agreements regardless of whether cooperation is in the mix.
.. Requiring such a guilty plea not only ensures that the defendant is held appropriately accountable and is not given favorable treatment in comparison to others similarly situated; a plea to “the most serious readily provable charge” also makes the defendant a more compelling cooperating witness. By contrast, failing to require a plea to the most serious offense degrades the defendant’s testimony, which is usually offered to prove against other defendants the same serious offense on which the cooperating defendant has been given a pass.
George Thomas Wilson, a retired magazine-marketing and P.R. professional now living in New York City, has never forgotten his first criminal-law class, at the University of Alabama School of Law, in 1974.
.. “Finally, at the end of the hour, McGee said to him, ‘Mr. Moore, I have been teaching in this school for thirty years, and in all of that time you’re the most mixed-up person I’ve ever taught. I’m going to call you Fruit Salad.”
.. Moore’s opponent in the race is Doug Jones, a Democrat and former U.S. Attorney best known for prosecuting two of the Ku Klux Klan members behind the 1963 bombing of the Sixteenth Street Baptist Church in Birmingham, which killed four African-American girls.)
.. He called him “your average law student passing through.” Others offered harsher assessments.
.. “Roy always sat in front of us, and he would turn around and flirt. He’s the one thing that brought humor to us, because he was, well, kind of a doofus,” she said. “He’d yak at us. We were both single, rolling our eyes.” She added, “And then Roy would ask all of these questions to put himself in the middle of debating with an intelligent professor, and he was always cut to shreds.”
.. “He’d go to class, but he was argumentative, very stubborn, and not very thoughtful in his analysis of the cases. He was not a very attentive student. For the most part, students didn’t respect him much.” She added, “Of all my classmates, he was the least likely I’d think would become a U.S. senator.”
.. Moore had recently returned from Vietnam, where he’d been a military-police officer. Some who served under Moore there had referred to him, with sarcasm, as “Captain America,” chafing at his egoist style of command. One such officer, Barrey Hall, told the Associated Press, in 2003, that Moore’s “policies damn near got him killed in Vietnam. He was a strutter.”
.. Veterans told him that Moore demanded that he be saluted on the ground in Vietnam, Martin said, which everyone knew was a foolish thing to do. “When you go to Vietnam as an officer, you don’t ask anybody to salute you, because the Viet Cong would shoot officers,” he explained. “You’ve heard this a million times in training.” If Moore indeed violated this rule, Martin went on, “There’s nothing more telling about a person’s capability and character and base intelligence. It’s crazy.”
.. Martin, a self-described moderate, wrote an editorial in a local paper warning voters about his former student. In it, he describes Moore as a pupil so immune to logic and reason that he forced his exasperated teacher to “abandon the Socratic method of class participation in favor of the lecture mode.”
.. “He was very, very opinionated. To the point of just being ridiculous,” Melton said. “He had ultraconservative values and opinions. I’m not saying he wasn’t liked, he was just different.” Wilson said, “He was Looney Tunes from the beginning. But I never really thought he was malicious. Some of the verbiage that’s come out of him more recently, it’s a much harsher, meaner man than I remember.”
.. Most of Moore’s classmates didn’t recall Christianity being a noticeable part of his public persona. “I had no sense that Roy was a really religious person
.. “I can’t get into his mind, or his heart, but I think it’s all political. He’s demagoguing on those issues.”
.. I don’t think this Doug Jones has a snowball’s chance in Hell,” he added. “He’s a Democrat and they gonna . . . ” Melton trailed off. “Hell, Moore will get sixty-five per cent of the vote.
.. Southern Baptists control the damn state. And they’ll vote for Roy. It’ll be a landslide.”