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Subscribe to RSSA federal prosecutor came in for some biting criticism today from two Supreme Court justices for a racially charged remark made during a criminal trial.
The comment by the justices came as the court declined to hear the appeal of a man who was convicted in a Texas federal court of being in on a drug conspiracy.
The issue for the defendant, Bongani Charles Calhoun, was whether he knew that the people he accompanied on a road trip were about to buy illegal drugs, or whether he was merely along for the ride.
During cross-examination, Calhoun said he distanced himself from the others when one of them arrived at their hotel room with a bag of money.
The prosecutor, an assistant US attorney in the Western District of Texas, pressed him to explain why he didn't want to be there. The prosecutor asked, "You've got African-Americans. You've got Hispanics, and you've got a bag full of money. Does that tell you -- a light bulb doesn't go off in your head and say, 'This is a drug deal?'"
After he was convicted, Calhoun -- who is African-American -- claimed the prosecutor's racially charged remark violated his constitutional rights by appealing to the jury's prejudice. The court today declined to take up his appeal, because his lawyers failed to properly pursue the issue in the lower courts.
But Justices Sonia Sotomayor and Stephen Breyer said they couldn't let the case pass without writing to dispel any doubt of whether the Court's denial of the case "should be understood to signal our tolerance of a federal prosecutor's racially charged remark. It should not," they wrote.
"By suggesting that race should play a role in establishing a defendant's criminal intent, the prosecutor here tapped into a deep and sorry vein of racial prejudice that has run through the history of criminal justice in our Nation.
"It is deeply disappointing to see a representative of the United States resort to this base tactic more than a decade into the 21st century," they said.
"We expect the government to seek justice, not to fan the flames of fear and prejudice."
The justices also said it was troubling to see the Justice Department fail to immediately condemn what happened. Instead, they said, during the appeals in the lower courts, the government called the prosecutor's remark "impolitic" and said it did not affect the outcome of the trial "even assuming the question crossed the line."
Only when the case reached the Supreme Court did the Justice Department concede that the remark was "unquestionably improper."
"I hope never to see a case like this again," wrote Justice Sotomayor for herself and Justice Breyer.
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If there was a bag full of money in a room full of supreme court judges { pay off } It would appear that the supreme court judges don't want to get their hands dirty by making a ruling on this matter. First I'm a racist and I have personal reasons for it but even by my standards the prosecutor crossed the line and the judge should have called a mistrial because of it. The prosecutor might be right but you can't say it, and if this was his best argument for a conviction than he shouldn't be prosecuting the trial. If his defense lawyer { public defender ? } didn't abject to it then he should be given a new trial because of it.
Guess I'm racist. Why? I view anyone the human race only fit to be devoured on sight. Bwahaha!
Racism is alive and well in America. The media loves it. In fact, they do as much as anyone to fan the flames with their jaded reporting. The prosecutor did what he had to to make the case. The justices spit in the face of the constitution because everyone in America is GUARANTEED the RIGHT (not privilege , not permission) to freedom of speech. Park a secret mike in Obama's quarters and you'll hear things that will curl your hair. Why do you think the FBI files on MLK are being kept from the public all these years later? Because they will destroy the myth and expose the lie. We can't afford to rewrite rewritten history.
How do you know what you would hear with a secret mike? Your assumption is by definition prejudiced.
Thanks. I'm in the majority. How about you?
We all have initial prejudices flash through our mind. But with maturity we learn to not let it affect how we treat people.
"Doing what it takes to make the case" is reprehensible. It can also be called "railroading" and is just a short step from lynching. If a prosecutor can't make his case and stay within the bounds prescribed by law then the case is too weak to try. This defendant may have been guilty, in fact, his conviction was upheld by the Court refusing to hear the appeal but the prosecutor was clearly out of bounds. If he had said, "There were two groups of people in that room with a big bag of money," the effect would have a conviction too.
"You've got African-Americans. You've got Hispanics, and you've got a bag full of money. Does that tell you -- a light bulb doesn't go off in your head and say, 'This is a drug deal?'"
"You've got a white person. You've got a Texan, and you've got a long history of racism. Does that tell you -- a light bulb doesn't go off in your head and say, "This is a racist?"
Was that supposed to be some type of "analogy"? Quite the reach even for a bear of little brain like yourself....
JH
hard to tell what your trying to say here, maybe an insult? No, its not an "analogy", simply a play on words (or perhaps a simile [look it up]). By the way, did you mean to say for a bearer of little brain? Wow, I bet you can only speak one language, you should try to write it well (not good, by the way).
Some cheese with your WHINE crybaby marxists. I think what he meant was that when a group of black men get together with a group of hispanic men that there is an increasing probability, no matter the amount, that there is some kind of illegal activity going on...
an increasing probability cannot be an assumption of guilt. And a prosecuter should not be crossing that line.
He can sure paint a picture though, can't he Jocko....... seemed to have worked to. Bravo to the prosecutor.....
The fact that something works does not make it right.
The authorities can lie to someone they are questioning in hopes of getting them to admit to something; is that right? Maybe not, but it's legal. Good riddance to the miscreant; he's guilty.
Unlike Texas where relatives get together and pair off in the bedrooms.. Or whatever it's called in their trailer.
Yes, J.H., but what if he isn't actually guilty but he's convicted anyway. And possibly, executed.
Why are they overstepping their role by determining what is not acceptable or politically correct during a trial? Thats crap, no matter what wrapper they put around it. It was a factual statement no matter how much it affected your virgin ears. Ever listen to the crap defense attorneys toss out to get their clients off? But that is all ok right?
"crap" is not OK no matter who does it. And "they do it too" is not a valid excuse for misconduct. It is wrong to judge guilt or innocence based on race, even if you think the probabilities are in your favor.
Jock You did not read my comment. So, what you are saying is that it is ok to say whatever you like to make someone else look bad as long as you are a minority... black. But when the truth stings a little its race race race and "you can't do that!". Ya, I get that. You are exhibiting what is called Objective Racism by your own thoughts and comments, you just can't see the truth through the hypocrisy.
Libs/Commies can't handle the truth & Sodimizer is a perfect example of this fact. Adios!
Criticism coming from the most racially bias liberal to ever sit on the Supreme Court
This BS is the reason why our children are doing drugs at a younger age. This BS is the reason why the U.S. is the customer of Choice for 90% of the worlds illegal Drugs. Our Justice System in the U.S. turns a blind eye to the Truth and continues to blame the poor for everything.
3 prestigious collages did a study and found that Blacks (African Americans) and Asians are the least likely groups to do drugs or alcohol. Every "cop show" and recent study on illegal drugs and alcohol abuse proves that the drug problems in America is overwhelming in white communities not Hispanics, African Americans or Asians.
The problem is double standards that have come home to lay rotten eggs,
99 percent of all Pedophiles are white males. This is why 50,000 sex offenders have either jumped bail or not reported to their probation officers. Why aren't these predators in jail? Because they are white males.
The overwhelming percentage of sex offenders are white period. Why? Because they get out of jail free to become repeat offenders. This has nothing to do with population which is BS but everything to do with arrogance and opportunity.
The same is true with Alcohol and Drug abuse among young whites. Example: How does Lindsay Lohan get out of jail after making a mockery of the legal system over and over? Because she's a white female.
America's legal system is coined, "Just Us and Not Them" which is why America has gone to Hell in a hand basket.
Thanks for the humor! Me thinks you've been watching too much Rachel Maddow and Chris Matthews....
Where there African-Americans and Hispanics in the room with a bag full of money? If so I fail to see the problem with this comment.
I myself have come so close to being locked in a Mexican prison and the sad part is I wasn't aware of what was going on either. While working in construction in Phoenix Arizona I was invited to Mexico to work on a friends Uncles home over a weekend. Once there I was shown a hand gun that I had transported. I was just 23 and from the Midwest didn't know any laws about what could be transported into Mexico and what couldn't. Besides it was in my friend's bag and I didn't even know it was there. After doing the work on his Uncles home we headed back and I was asked if I minded giving my friend's cousin a ride to his home in Arizona. When we reached the Mexican border all the boy needed was a letter from his father which they had. We passed through without a hitch. Once back in Arizona I was directed to a home I had never been to, some place out in the dessert where I witnessed a bag being pulled out of the back of my car again and taken into the home. I was told to wait outside which I thought was a little strange. We were not there for more than 10 minutes and on our way again. It wasn't until we had driven for a few miles that I was told what was in the bag. That was the last time I saw any of those people. I quit my job and moved out of state. That weekend scared the hell out of me and those people turned out to be not who I thought they were. I feel for this man doing time when it may in fact be he was used as I was. If he had no criminal past I would have let him go or put him on probation rather than lock him up for years. Sometimes our justice system doesn't understand all the situations a person can get in and treats everyone the same, which is wrong!
The problem with the comment is that it's false.
If you have a Hispanic and a White in a hotel room with a bag full of money, it's a drug deal
If you have a Black and a White in a hotel room with a bag full of money, it"s drugs.
If you have a Hispanic and a Black in a hotel room with a bag full of money it's murder.
WOW, this is the true face of our justice system.
What about having a fair and unbiased trial.
Federal Prosecutors are appointed solely on political connections. Christie was given the post based only on his fund raising for Bush. He never tried a case before getting the job. So this conduct is not surprising.
And Sotomayor is only on the Supreme Court for one reason, er, uh two. She's brown and has no balls. So your absurd point is?
Racism isn't dead, not because of the "whites" but because the minorities won't let it be dead. Every time we turn around, no matter what we say, even if it is innocent, the minority racists will make something out of it. So the pots shouldn't be calling the kettles black.. I get so tired of this crap. We are not the one perpetuating the racism, the minority racists are... get the heck over it and move on to another chapter....
Very Lame Comment: Your sheet if falling off.
MLS is correct.
Is is done this way to get the upper hand.
Minorities are not stupid.
They know how to work the system.
When you are 99% correct you get chastised?
Look at statistics.
Stop looking at the political correctness of basically correct profiles.
I'm sorry folks, but facts speak for themselves.
When it comes to the presumptiom of innocence that is fundamental to the American justice system... Yes.
I stand corrected Viewer_Ready. Your comment is just as lame as MLS. 99% we know where you picked that statistic out of. Why don't you let all of us know where you got all of those statistics from after you wipe them off.
I will not wipe anything off.
The percentage rate was a slight exaggeration, but not by much.
Presumption of innocence is a part of the law.
However, statistics prove that this man was partially correct.
He should not have said what he said, but that is only because in America we cannot say what we think or know anymore.
Your so full of B/S. Once again where are you getting all of the stats. you keep babbling about?
If I see nigs, mexicans and a bag of money, I can be sure they are up to no good. Hang 'em!
I don't babble.
You are on the internet.
Look them up.
Not being blind to the facts you will find might make you see again.
In other words you made them up.
Sure, I made them up.
I confess.
Ignorance knows no bounds.
It shows here.
I think you nailed it. Finally.
Yah, I Agree with the Flaming Liberal Judges on This One.
You gotta be a little more descriptive than "you got blacks, you got Hispanics and you got money" as a convincing line to the jury.
Now...."you got some black gangstas, you some known Latino gang members, and you got a bag of money"---that would have worked.
Nothing to see here people. Move along. Semantics played for dramatic effect. I guess if the guy said "what did you expect. Bunch of out of work guys, a bag of money.. Seems like a drug deal" then we'd be dealing with some other BAD reason for making a statement that MOST OF US would at least be thinking!
Just another good 'ol boy from Tejas blowing out of his mouth whatever may come.
Seemed to work! Convicted the miscreant and got one more off the streets. Way to go Mr. Prosecutor!
And Uncle Tom said nothing. As usual I guess. He couldn't even defend his own people.
All successful black men are Uncle Tom's. Only useless gangbangers are true black men. Kinda gives you and idea where some of the problems are , Huh?
Yeah, the remark was inappropriate, and invoked a racial stereotype. But if it was horrific, the prosecutor should be sanctioned under state bar rules for improper conduct; and the Supreme Court should be looking a little harder for a basis to send the case back to the trial court for a new trial.
To have a US Supreme Court justice feebly wailing that she hopes she never sees another case like this one, on the other hand, smacks of the PC police creeping into the courtroom at the highest level. Get over it; as a judge you're going to continue to see and hear things much worse than that. That's what your occupation is all about.
At what point do the American people call for an overhaul of the justice system? Perhaps we should have a civilian panel oversee all government decisions. At least it will be a reminder that the government answers to the people, not the other way around.
I hope we don't do that at ANY point. If we did, there'd be no such thing as an independent federal judiciary. Do you want court decisions, too, to become part of politics? Where has politics been working lately?
A panel to oversee all government decisions? You can see how well that works in Iran, they have one just like that made up of ayatollahs.
Pby: we have such a pannel. They are called voters. You want something faster? It is called a Central Party. They have them in China.
I am just glad he still got convicted. Everybody knows blacks control the street-level drug trade.
The remark may have been repugnant, insensitive and offensive. Unfortunately, the point he was making was repungently, insensitively, and offensively an honest, accurate probative question. Honestly, unfortunate but true. If we all restrict all our conversations to the PC, we are creating a whole country in denial. We don't have a race issue in the US, right? If anyone broaches a real-life situation, we just collectively quash it and move on in our denial. How DARE that prosecutor refer to a social situation that just does not (or just can not) exist. Even our arts and theater continue the denial. It's the same as a drug addict denying that they have any problem at all....what addiction? What racism?....we're all cool here.
I am a white American. I am sure that I have some racial prejudices and some verifiable beliefs that are rooted in personal experience and statistical data. A prejudice is a belief unsupported by fact. The only way I could understand a black person's life is become black. That Hispanics and blacks are more likely to do drug deals is a fact in evidence. It is not a fiction of any immagination. It is not my prejudice that knows this. If you doubt this fact just google DEA Most Wanted. It is all Hispanic and Black. I don't see a thing wrong with this question of this fellow. I think Sonia needs to get out more. If she is cognizent of life in the drug world, and I am sure she is, then she is playing the political correctness card here. I didn't think she was going to make it on the bench.