A tempest in a teapot

Read Doug Berman’s post today entitled: Was it “disrespectful” to the judiciary (or, in fact, quite helpful) for AG Holder to order prosecutors not to oppose application of pending drug sentencing guideline reduction?  Judge Pryor, who sits on the Sentencing Commission, is upset that AG Holder jumped the gun and therefore screwed with separation of powers rules when he told his prosecutors to allow “non-violent” offenders to argue for application of a lower drug Guideline based upon a proposed Guideline change but before the Sentencing Commission adopted the change (which it did unanimously on Thursday).

Here’s my very abbreviated view:

Judge Pryor’s lament (and those of others like him) is silly. We sentencing judges aren’t obligated to do anything because the AG and his munchkins don’t “oppose” something. And, since the Commission unanimously adopted the rule change anyway, why should we be concerned at all? Hell, all the major players agree with the change. We in the federal judiciary have enough to worry about without erupting over Holder’s alleged “lack of respect.” By the way, I think the AG is a weak, weak sister, but that’s an entirely different matter.

RGK

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