Posted on September 07 2018
and the impact on the Judicial System
On October 31, 2017 the City of New York was touched by Terrorism, again. I will only use his name once in this entry: Sayfullo Habibullaevic Saipov, purportedly from Uzbekistan and had lived in America (legally via the Visa Diversity Program). since 2010. According to numerous reports, in the Spring of 2013 he married Nozima Odilova, she was 19 at the time and the marriage took place in Cuyhoga Falls, Ohio.
In 2011 he filed Articles of Incorporation for the following Business: SAYF MOTORS INC, with the Ohio State Corporation Commission (OH SCC). Link to the OH SCC filings can be found here.
In 2013, he filed Articles of Incorporation for: Bright Auto LLC, with the OH SCC, orginal filings, can be found here. As you can see both Businesses owned by the indicted terrorist are in “good standing”, according to records on the OH SCC database.
On paper this terror suspect appeared to have fully embraced our Country, married, small business owner and working for a piece of the American Dream.The reality is he was and is a terrorist.
You can read more about his background and the heinous terrorist attack where he drove onto a foot/bike path and used his rented truck to kill 8 and gravely injury nearly a dozen innocent bystanders. October 31st Terror Attack,
Shortly after the terror suspect was shot by law enforcement, who placed him into custody and subsequently took the suspect to a local hospital to treat his gunshot wounds. The suspect was initially arrested on a Complaint before U.S. Honorable Barbara Moses on November 1, 2017, where the suspect was ordered detained and has been in federal custody since.
On November 21 2017, the Department of Justice, formally announced a multi-count indictment:
The Indictment charges Saipov with eight counts of murder in aid of racketeering, twelve counts of attempted murder in aid of racketeering, one count of providing and attempting to provide material support to the Islamic State of Iraq and al-Sham (ISIS) and one count of violence and destruction of a motor vehicle resulting in death.
After Saipov was taken into custody, he was transferred to Bellevue Hospital, where he made statements to law enforcement officers after waiving his Miranda rights.
During that interview, Saipov stated, among other things, the following:
Saipov was inspired to carry out the Truck attack by ISIS videos he had watched on his cellular phone.
Approximately one year ago, Saipov began planning an attack in the United States. Approximately two months ago, he decided to use a truck to inflict maximum damage against civilians. On or about Oct. 22, Saipov rented a truck so he could practice making turns in advance of his attack.
Saipov planned to use the Truck to strike pedestrians in the vicinity of the West Side Highway and then proceed to the Brooklyn Bridge to continue to strike pedestrians. Saipov wanted to kill as many people as he could. Saipov chose Oct. 31, Halloween, for the attack because he believed there would be more civilians on the street for the holiday. (emphasis added)
Saipov wanted to display ISIS flags in the front and back of the Truck during the attack, but decided against it because he did not want to draw attention to himself. Saipov requested to display ISIS’s flag in his hospital room and stated that he felt good about what he had done. (emphasis added)
And just like clockwork the Unhunged president Trump goes on a Twitter rampage. For the record, I ran multiple searches on President Obama’s archived tweets, I could not find a single tweet where Obama used his account to advocate for the death penalty at ANY stage in the criminal process.
NYC terrorist was happy as he asked to hang ISIS flag in his hospital room. He killed 8 people, badly injured 12. SHOULD GET DEATH PENALTY!— Donald J. Trump (@realDonaldTrump) November 2, 2017
Would love to send the NYC terrorist to Guantanamo but statistically that process takes much longer than going through the Federal system...— Donald J. Trump (@realDonaldTrump) November 2, 2017
...There is also something appropriate about keeping him in the home of the horrible crime he committed. Should move fast. DEATH PENALTY!— Donald J. Trump (@realDonaldTrump) November 2, 2017
Now if you are wondering why I highlighted the “likes” and “retweets” one could argue that the tweets from Donald Trump could impact both the Department of Justice “to be free of poltical interference) notwithstanding the Defendant”s right to a fair trial by a impartial jury being empaneled.
Not to belabor the point but Trump uses his twitter account like a weapon. He had targeted the Justice Department, Attorney General Sessions and the FBI, writ large for more than 19 months. Lest we forget that the Department of Justice, is independent nor will it bend to the poltical pressure spewing from the White House and Trump’s twitter account. Remember the August 23rd Tweet from the DOJ spox, where she tweeted a statement from the Attorney General:
Statement from the Attorney General pic.twitter.com/eMF0CPXLZZ— Sarah Isgur Flores (@SarahFloresDOJ) August 23, 2018
One thing to keep in mind about this particular Terror case, each of the counts detailed in the November 21st indictment, qualifies for the “death penalty”. The parties have argued about the death pently since July 23, 2018 and the Court has yet to make a determination. Well...late yesterday afternoon the Defendant’s Attorney filed a 10 page Motion essentially asking the Court to Order the Government to pull the death penalty off the table, largely do to Donald Trump’s tweets and nonstop judicial interference. It is maddening and I can’t help but see how frustrating this must be for the DOJ and AUSAs, Trump’s unhinged tweets can impact Judicial Matters.
Document Number 75, which reads in part:
...President Donald J.Trump, in a tweet, dated September 3, 2018, insisted that Attorney General Sessions’ charging decisions should be governed by nakedly political considerations. Previously, the President has repeatedly demanded that Mr. Saipov be killed by the government. (emphasis added)
The combined impact of the President’s statements make it impossible for Attorney General Sessions– who works for Mr.Trump– to discharge his statutory and constitutional obligation to exercise independent discretion in determining whether a capital prosecution is warranted. (emphasis added)
Preclusion of a death sentence or the appointment of an independent prosecutor is necessary to protect Mr. Saipov’s constitutional and statutory right to a fair and non-arbitrary decision as to whether he should be exposed to the possibility of a death sentence. (emphasis added)
And I know some may not agree with my opinions, but understand this truth/fact, Public Defenders are by no means “shoddy” lawyers. Some of the best lawyers I personally know spent years proudly serving in a Public Defender’s Office. The notion that PD’s are lesser than, is horribly incorrect. I’d argue that they are in fact the best and the brightest. Many of whom are answering to a higher calling and are almost always motivated by “social injustice” and passion for the Constitutional Rights...these Public Defenders could easily pick up a six to seven figure salary at a swanky mega-law firm but instead they opt to fight for the “indigent” defendants who need representation. Granted my opinion isn’t based on ALL Public Defenders but it most certainly is applicable to the vast majority of them.
Moving along to pages 4 & 5 of the Motion:
... In a tweet, dated November 3, 2017, he described Mr.Saipov as a “degenerate animal.” In another tweet, dated November 1, 2017, he cited Mr.Saipov’s case to support an attack on the State Department’s Diversity Visa Lottery Program.”
The attack on Attorney General Sessions’ purported failure to base his charging decisions on political grounds comes at the same time that the President’s personal attorney, Rudolph Giuliani, “confirmed that he and Trump have discussed Sessions’ possible removal.” (emphasis added)
..make it impossible for Attorney General Sessions to fulfill his statutory duty to fairly and independently decide whether to seek the death penalty against Mr. Saipov. Accordingly, the death penalty should be precluded as a penalty for Mr. Saipov. (emphasis added)
One thing to keep in mind is, then Press Secretary Sean Spicer in a July 2017 White House Press Briefing stated: “his tweets are official White House Statements”
Which now brings us to the pivotal portion of the Motion to Exclude and where the Defendant’s Public Defender makes an incredibly cogent and convincing argument, oh behalf of his client. Like it or not one of the hallmarks of our judicial system is every defendant has the constitutional and statutory right to “due process”. As it relates to the Government seaking the “death penalty” it is very clear: “ Non-Arbitrary Decision as to Whether to Seek the Death Penalty..”
President Trump...peremptorily instructed his Attorney General to “move fast” to execute Mr. Saipov.
For first time in the history of the federal death penalty where the President of the United States clamored for a death sentence immediately after the defendant’sarrest and/or advocated for politically based charging decisions.
basic due process and Eighth Amendment principles asarticulated by the Supreme Court compel the conclusion that Mr. Saipov’s constitutional rights
have been violated.
decision by the Attorney General to seekdeath for Mr. Saipov would pose a constitutionally unacceptable risk of arbitrariness and unreliability.
The problem I and so many others (many of whom are smarter than I am) have publicly discussed is Trump’s lack of impulse control. His nonstop blurting of lines and boundaries. And his inappropriate injection of his “opinions” on various judicial matters, For now he is president, his words matter. The fact he is either incapable or worse unwilling to understand where the lines are and how his words unnecessarily & negativity impact our Country’s prosecutors and undermine the independence of our Judicial System...the following passage in the Motion literally encapsulates the consequences of Trump’s inappropriate Tweets. And like any decent defense attorney, he’s arguing for his client that the Court “should appoint an independent counsel” to prosecute this case:
Because no President has ever sought to so boldly interfere with the charging decision of the Attorney
General in a death penalty case, there is no precise precedent for such an appointment...
..President Trump’s official statements, a decision by the Attorney General to seek
death for Mr. Saipov would pose a constitutionally unacceptable risk of arbitrariness and
unreliability. (emphasis added)
Sessions works for President Trump...It defies reality, not to mention all appearances, to believe that he could make a truly independent decision as to whether Mr. Saipov should face the death penalty, knowing that a decision not to seek death would inevitably trigger a “tweetstorm” of ridicule and scorn from the President and might well lead to the loss of his job. (emphasis added)
Open Source Link to the Filing can be found here. Again Public Defenders are not “shoddy” Attorneys, their main goal is to advocate for their client. Intellectually I get why he filed this Motion. Yet a large part of my ire is aimed at Donald Trump. He continues to conduct himself in a way that utterly debases the Office he temporarily holds. All because Trump refuses to understand our Judicial System, respect the Constitution and honor his “take care clause” in the oath he swore on January 20, 2017...where he stated to:
Pursuant to US Constitution, Article II Section lll— SpicyFiles (@SpicyFiles) May 31, 2018
“he shall take care that the laws be faithfully executed...”
The “take care” is something apparently foreign to the current occupant of the Office of the President of the United States
-cough- corrupt intent https://t.co/BS1fvXJk3S
And let’s not forget what Trump said and later tweeted during his Campaign Chairman’s EDVA Criminal Trial:
There is ZERO question here— SpicyFiles (@SpicyFiles) August 17, 2018
And @PaulCallan makes an incredibly important observation. The fact that Trump “went” there it’s just another example of his overt:
🇷🇺Consciousness of Guilt🇷🇺
Manafort nor his defense needed to argue selective prosecution because Trump just did🤬 https://t.co/8zMP5pctJa
If there is any question remaining that Donald Trump truly acts and behaves that he is above the law and disregards our Country’s laws and Constitution...then this entry should clear up that doubt. In Federalist No 70, Alexander Hamilton wrote about a strong executive:
..energy in the executive is the leading character in the definition of good government. It is essential to the protection of the community against foreign attacks…to the steady administration of the laws, to the protection of property…to justice; [and] to the security of liberty….”
...a single executive as “far more safe” because “wherever two or more persons are engaged in any common…pursuit, there is always danger of difference of opinion…bitter dissensions are apt to spring. Whenever these happen, they lessen the respectability, weaken the authority.”
America would have more to fear, than from the ambition of any single individual. A council to a magistrate, who is himself responsible for what he does, are generally nothing better than a clog upon his good intentions, are often the instruments and accomplices of his bad and are almost always a cloak to his faults.
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