Woe unto you lawyers! For you have taken away the key of knowledge.
—- Luke 11:52
While the United states Armed Forces (private mercenaries) are in Afghanistan, Iraq, and the Philippines defending “all freedom-loving people everywhere in the world,” the Federal court for the northern district of the republic of california hands down United states v. Rosenthal: judge Charles R. Breyer sentences Ed Rosenthal to one day in jail (time already served) and three years probation (the sentence could have been as much as 60 years); Breyer also fines Rosenthal 1,300 “dollars”—all for providing medicine to sick and dying patients. Although the verdict might appear as lenient, Breyer dismissed jurors who said they favored the use of marijuana for medicinal purposes; judge Breyer also refused to allow the jury to hear evidence that Rosenthal was under contract to grow medical marijuana for the city of Oakland. Had they known this, they would not have voted to convict. And Breyer refused to allow the defense to use the Article, Section 8, Clause 3 (the Interstate Commerce Clause), Articles IX and X of Amendment, or california’s Proposition 215, to be used as a defense. After the sentencing, Rosenthal holds a press conference on the courthouse steps saying,
Judge Breyer did me no favors. He handled the entire case right up until the final day, as a partner to the prosecution rather than as a n impartial arbiter. And he made it clear that he expected [F]ederal courts in the future to act as if California law authorizing sick people to use marijuana did not exist.
NOTE: Following the trial, the previous February, five jurors held a press conference to repudiate their own verdict. But, because an attorney (Officer of the Court) represented Rosenthal. An Officer of the Court is duty bound to obey the instructions of a judge, if he expects to return to his practice of legal advocacy; had Rosenthal elected to defend himself “pro se” (without legal counsel), he would have been able to present this information directly to the jury—completely disregarding the judge’s instructions.
[restored 12/9/2023]
I get the feeling that Massa doesn’t want us to lose our money-tax making edge. Of course, if it’s for our own good… –– JL
Subsequent Events:
Authority:
“Law of the Jungle”
ccc-2point0.com/preface
References:
Alan Bock, “Judge Did Rosenthal No Favors,” Orange County (California) Register, 8 June 2003, Commentary:6.
Kim Curtis, “Pot ‘Guru’ Serves 1 Day,” Orange County (California) Register, 5 June 2003, News:14.
David Kravets, “Guru of Ganja is Convicted in Federal Pot-Growing Trial,” Orange County (California) Register, 1 February 2003, News:26. .
Peter Schrag, “For Feds, a Pyrrhic Victory in Pot War,” Orange County (California) Register, 14 February 2003, Local:9.