#judge j. randal hall

[aanews69]

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[nj-stone]

Biden's student loan cancellation free to move forward as court order expires https://abc7news.com/post/bidens-student-loan-cancellation-free-move-forward-court-order-expires/15389967/

[upperpeninsulabreakingnews]

South Eastern Social Justice Breaking News Bulletin – 12-20-17 – 10:45 a.m. ET

Off to federal prison for a man who has kept Augusta area cops busy for a decade

By Greg Peterson South Eastern Social Justice Breaking News Co-Owner, News Director 906-273-2433

(Augusta, GA) – An Augusta man who has been arrested numerous times on cocaine and gun charges is off to federal prison tonight

35-year-old Michael Lavon Harden of Augusta, GA was sentenced to three years (36 months) in federal prison by Chief U.S. District Court Judge J. Randall Hall on Mon., Dec. 17, 2017.

The maximum sentence he could have received was 10 years in prison. There is no parole in the federal prison system.

Under a plea agreement with federal prosecutors, Harden pleaded guilty to possessing a firearm by a convicted felon involving a Beretta 92F Compact 9 MM pistol during a Dec. 12, 2016 incident in Richmond County

Judge Hall allowed a defense request he serve his time nearby:

In Feb. 2005, Harden, then 25, was sentenced by Richmond County Superior Court Judge William Fleming, Jr. to 10 days in jail, almost one year probation, fined $630 and had to perform 40 hours of community service plus graduate from a risk-reduction program.

In June 2008, Harden was indicted by a Richmond County Grand Jury for possession of a firearm by a convicted felon, possession of a firearm during the commission of a felony, receiving stolen property, possession of cocaine with intent to distribute and misdemeanor possession of marijuana.

In Nov. 2009, Harden , then 30, of 120 East East Hall Street was indicted by a Richmond County Grand on two counts of possession of a firearm during the commission of a crime plus terroristic threats and first-degree criminal damage to property.

In June 2010, Harden and two others were arrested by Richmond County vice officers after a late night raid at a residence pm the 100 block of Greene Street during which agents searched the laundry room and seized two baggies of crack cocaine weighing a total 50 grams plus a gun.

In August 2010, Harden was indicted on cocaine trafficking charges by a Richmond County Grand Jury

Listed Addresses: 202 Forsythe St, Augusta, GA 120 E Hall St, Augusta, GA

WRDW TV-12 June 24, 2010 AUGUSTA, GA — Richmond County narcotics officers were busy last night. Multiple arrests ranging from possession of marijuana to trafficking cocaine and possession of MDMA (ecstasy) with intent to distribute. Some were charged with possession of firearms and others with obstruction. http://www.wrdw.com/home/headlines/97086914.html

Federal judge has enough of Augusta man playing the system with repeated arrests for drugs and guns South Eastern Social Justice Breaking News Bulletin – 12-20-17 – 10:45 a.m. ET Off to federal prison for a man who has kept Augusta area cops busy for a decade…

[mattinglyboykin0-blog]

Nine Grammy Awards one Who Did That - martha J Blige

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[quakerjoe]

A Georgia woman who mailed a secret U.S. report to a news organization faces the "longest sentence" ever behind bars for a federal crime involving leaks to the news media, prosecutors said in a court filing.

Former National Security Agency contractor Reality Winner, 26, is scheduled to be sentenced Aug. 23 by U.S. District Court Judge J. Randal Hall in Augusta. She pleaded guilty in June to a single count of transmitting national security information when she worked in Augusta as a translator at an NSA facility.

[augustatoday]

David H. Estes sworn in as U.S. Attorney for Southern Districts

David H. Estes sworn in as U.S. Attorney for Southern Districts

AUGUSTA, Ga. (WJBF) – David H. Estes is now serving as the U.S. Attorney for the Southern District of Georgia after being appointed by U.S. Attorney General Merrick Garland. U.S. Attorney Estes took the oath of office Friday December 3rd in the Augusta Office of the U.S. Attorney General for the Southern District of Georgia before U.S. District Court Chief Judge J. Randall Hall. “It is truly an…

[angrybell]

This is a bald faced lie.

District Court judges confirmed 2015 to 2017:

251 Alfred H. Bennett S.D. Tex. September 18, 2014[Rn 5] April 13, 2015 95–0 April 15, 2015 Incumbent –

252 George C. Hanks Jr. S.D. Tex. September 18, 2014[Rn 5] April 20, 2015 91–0 April 22, 2015 Incumbent –

253 Jill Parrish D. Utah September 18, 2014[Rn 5] May 21, 2015 100–0 August 17, 2015 Incumbent –

254 Jose Rolando Olvera Jr. S.D. Tex. September 18, 2014[Rn 5] May 21, 2015 100–0 August 4, 2015 Incumbent –

255 Roseann A. Ketchmark W.D. Mo. November 20, 2014[Rn 5] September 8, 2015 96–0 September 14, 2015 Incumbent –

256 Dale A. Drozd E.D. Cal. November 12, 2014[Rn 5] October 5, 2015 69–21 November 2, 2015 Incumbent –

257 Ann Donnelly E.D.N.Y. November 20, 2014[Rn 5] October 20, 2015 95–2 October 21, 2015 Incumbent –

258 Lawrence J. Vilardo W.D.N.Y. February 4, 2015 October 26, 2015 88–0 October 29, 2015 Incumbent –

259 LaShann Moutique DeArcy Hall E.D.N.Y. November 12, 2014[Rn 5] November 16, 2015 93–1 November 17, 2015 Incumbent –

260 Travis Randall McDonough E.D. Tenn. November 20, 2014[Rn 5] December 7, 2015 89–0 December 10, 2015 Incumbent –

261 Wilhelmina Wright D. Minn. April 15, 2015 January 19, 2016 58–36 February 18, 2016 Incumbent –

262 John Michael Vazquez D.N.J. March 26, 2015 January 27, 2016 84–2 January 29, 2016 Incumbent –

263 Rebecca Goodgame Ebinger S.D. Iowa September 15, 2015 February 8, 2016 83–0 February 16, 2016 Incumbent –

264 Leonard Terry Strand N.D. Iowa July 21, 2015 February 11, 2016 93–0 February 12, 2016 Incumbent –

265 Waverly D. Crenshaw Jr. M.D. Tenn. February 4, 2015 April 11, 2016 92–0 April 12, 2016 Incumbent –

266 Paula Xinis D. Md. March 26, 2015 May 16, 2016 53–34 May 18, 2016 Incumbent –

267 Robert F. Rossiter Jr. D. Neb. June 11, 2015 June 27, 2016 90–0 June 29, 2016 Incumbent –

268 Brian R. Martinotti D.N.J. June 11, 2015 July 6, 2016 92–5 July 11, 2016 Incumbent

Appellate Court Judges

54 Kara Farnandez Stoll Federal November 12, 2014 July 7, 2015 95–0 July 9, 2015 Incumbent –

55 Luis Felipe Restrepo Third November 12, 2014 January 11, 2016 82–6 January 13, 2016 Incumbent

US Court International Trade (article III judges)

3 Jennifer Choe Groves July 30, 2015 June 6, 2016 voice vote June 8, 2016 Incumbent –

4 Gary Stephen Katzmann July 30, 2015 June 6, 2016 voice vote

And if you want to know why more were confirms, it was all because of Obama’s choices. He committed to only nominating judges who had the American Bar Association’s approval as being qualified. Most of his picks didn’t make it past ABA review because he was picking far left ideologues. His picks were rejected by the ABA at a rate that was 3.5 times higher than George W Bush or Bill Clinton. Of course in the aftermath, the Left turned on the ABA review process, that they had previously claimed was the gold standard, and called it biased and arbitrary.

In case you’re wondering, Trump has 9 judges deemed unqualified by the ABA. He has placed 9 on the bench.

So no, Unca George is lying and just trying to justify a scheme to upend the American judicial system because his team didn’t want to do the work of getting judges on the bench or winning elections to ensure they could continue to putting judges on the bench in the last year of the Obama Administration without objection.

[solacekames]

AJC Nov 30th 2017: A federal judge in Augusta has denied Reality Winner’s latest attempt to get out of jail pending her March 19 trial in the National Security Agency leak investigation, saying there are too many risks.

“The court finds by a preponderance of the evidence that defendant is a serious flight risk and no condition or combination of conditions will reasonably assure the safety of the community (particularly national security) or the appearance of defendant as required,” U.S. Chief District Court Judge J. Randal Hall wrote in his order this week.

Winner, the first accused leaker to be prosecuted by the Trump administration, has pleaded not guilty to a charge of leaking an NSA report about Russian meddling in the 2016 presidential election to The Intercept, an online news publication.

If you’d like to donate to her family to support her in jail, please visit https://standwithreality.org/donate/

[if-you-fan-a-fire]

“Drug Dispenser In Foreign Languages,” Toronto Star. November 30, 1917. Page 09. ---- Employer Gets Till February to Find Another Chemist Who’s a Linguist --- ‘CITIZEN OF HEAVEN’ --- Who is Under ‘Will of God’ Will Serve Under Government’s Will at Front. --- Jacob Labakin, Class A, dispenses drugs in several languages at Cinnamon’s drug store, and this morning at Tribunal 357, Osgoode Hall, Miss Cinnamon, proprietor of the store, was present to emphasize Lebakin’s value to the store. It seems like the applicant speaks the Yiddish, Polish, Russian, Austrian and German languages fluently, not only for ordinary purposes of life but for the purpose of identifying drugs whose names in the foreign language mentioned were said to be even more difficult than in the English language. In filling out prescriptions this means a whole lot. ‘Can’t you replace this man?’ ‘We have tried several times, and find it impossible.’ ‘And you deal a great deal with these foreigners’ ‘Yes. Sales to them form the biggest part of our trade.’ Military Representative Randall: ‘It would be a sad state of affairs if some green hand started dealing out prussic acid to every foreigner who asked for salts.’ Judge Cameron: ‘You will have to try and replace this man.’ Lebskin, who lives at 199 Beverley street, was exempted until February 1918. ‘A Citizen of Heaven.’ John G. Rolland, 63 McCaul St., is a Class A man, but claims also to be a ‘citizen of heaven.’ He wrote the board, saying that he did not see his way clear to ‘take himself out of the will of God and put himself under the will of the Government.’ Rolland belonged to some set of ‘brethren,’ who had no ministers and no signed membership. They do, however, take sacrement every Sunday. Judge Alcorn: ‘Your case does not come under the Act.’ ‘My conscience won’t let me fight.’ ‘I knew the first man in Ccanada to preach that stuff,’ said Judge Alcorn. ‘It was gotten up by a lot of wealthy people to save money.’ At this Rolland’s sister intervened, stating that from the proceeds of his taxi he supports the whole family. She shared her brother’s belief and pleaded for the tribunal to consider that aspect of the application. Exemption, however, was refused. ‘I serve notice on you that I will appeal this case.’ Syrian Exempt; Mother Dependent. T. J. Emid, of 790 Queen st., east, a Syrian, who pleaded exemption on strong grounds of domestic obligations, told the tribunal that 186,000 Syrians have been starved by the Kurds and Turks and his father two brothers were starved to death. His mother escaped this fate by getting to Canada with her son, but she is an invalid and entirely dependent upon her son’s solicitude. Emid is a naturalized Canadian, and expressed his wish to get into the fray, if only his mother could receive as much care as he himself had bestowed upon her. Emid was exempted in accordance with the M.S.A. rules governing naturalizes aliens. Moore F. McRae, of 9 Moscow ave., is a dental student who expects to graduate next May. Temporary exemption is granted in accordance with the M.S.A. regulations covering dental undergraduates.

[ready-jet-go]

Slashdot: Politicians Cannot Block Social Media Foes, US Appeals Court Rules

Politicians Cannot Block Social Media Foes, US Appeals Court Rules Published on January 08, 2019 at 08:00AM An anonymous reader quotes a report from Reuters: A federal appeals court said on Monday a Virginia politician violated the Constitution by temporarily blocking a critic from her Facebook page, a decision that could affect President Donald Trump's appeal from a similar ruling in New York. In a 3-0 decision, the 4th U.S. Circuit Court of Appeals said Phyllis Randall, chair of the Loudoun County Board of Supervisors, violated the First Amendment free speech rights of Brian Davison by banning him for 12 hours from her "Chair Phyllis J. Randall" page. The ban came after Davison had attended a 2016 town hall meeting, and then under his Facebook profile "Virginia SGP" accused school board members and their relatives of corruption and conflicts of interest. Randall had also removed her original post and all comments, including Davison's. Circuit Judge James Wynn rejected Randall's argument that her Facebook page was a private website, saying the "interactive component" was a public forum and that she engaged in illegal viewpoint discrimination. Davison's speech "occupies the core of the protection afforded by the First Amendment," Wynn wrote.

Read more of this story at Slashdot.

[queensafira]

  Reality Winner, N.S.A. Contractor Accused in Leak, Pleads Guilty

WASHINGTON — Reality L. Winner, a former Air Force linguist who was the first person prosecuted by the Trump administration on charges of leaking classified information, pleaded guilty on Tuesday as part of an agreement with prosecutors that calls for a sentence of 63 months in prison.

Ms. Winner, who entered her plea in Federal District Court in Augusta, Ga., was arrested last June and accused of sharing a classified report about Russian interference in the 2016 election with the news media.

Ms. Winner, who is now 26, has been jailed since her arrest and wore an orange prison jumpsuit and white sneakers to the hearing. Her decision to plead guilty to one felony count allows the government both to avoid a complex trial that had been scheduled for October and to notch a victory in the Trump administration’s aggressive pursuit of leakers.

“All of my actions I did willfully, meaning I did so of my own free will,” Ms. Winner told Chief Judge J. Randal Hall on Tuesday. Throughout the hearing, Ms. Winner kept her hands behind her back while she answered questions about whether she understood the terms of the plea deal.

[upperpeninsulabreakingnews]

Exclusive - First arrest as alleged fake Georgia pain clinic busted by feds

Exclusive – First arrest as alleged fake Georgia pain clinic busted by feds

URGENT – Exclusive – South Eastern Social Justice Breaking News Bulletin – 12-23-17 – 5:12 a.m. Exclusive: Arrests begin in DEA raid on a south Georgia pain clinic the feds say was an opioid mill – including co-conspirator at pharmacy DEA Opioid “Conspiracy” Raid: First arrest in alleged Pain Pill Mill:  Fake pain and rehab clinic in Camden County, Georgia allegedly involved in opioid sales …

[benrleeusa]

Reality Winner's agreed-upon (and record-long and below-guideline) 63 month sentence for leaking classified information becomes a reality

In this post a few months ago, I wondered about how Reality Winner, the former Air Force linguist prosecuted for leaking classified information, came to an agreement with federal prosecutors that fixed her federal sentence at 63 months in prison."   This local article, headlined "Reality Winner receives record-setting prison sentence," reports on the sentencing promised in this plea agreement becoming a reality. Here are some details:

Reality Winner on Thursday received a record-setting prison sentence — five years and three months behind bars — for leaking a top-secret government report about Russian meddling in the 2016 election. “I sincerely apologize and take full responsibility for my actions,” the former National Security Agency contractor told Chief U.S. District Court Judge J. Randal Hall in a federal court in Augusta. “In particular, I want to apologize to my family.”

Bobby Christine, U.S. attorney for the Southern District of Georgia, told reporters after the sentence hearing that the government had determined Winner’s actions “caused exceptionally grave damage to U.S. national security.”

“That harm,” he said, “included but was not limited to impairing the ability of the United States to acquire foreign intelligence information similar to the information disclosed.”

“Make no mistake, this was not a victimless crime,” he also said. “Winner’s purposeful violation put our nation’s security at risk, not in a speculative way or hypothetical way but in a very real way, a very direct way.”

Like the judge in the case, Christine said Winner’s sentence is meant to serve as a deterrent. “Winner will serve a term of incarceration that will give pause to others who are entrusted with our country’s sensitive national security information and would consider compromising it,” he said. “Anyone else who may think of committing such an egregious and damaging wrong should think both of the prison sentence imposed today and the very real damage done.”

Winner faced up to 10 years in prison for her crime. But her plea deal with prosecutors called for her to serve five years and three months behind bars. That is longer than anyone else has been sentenced for an “unauthorized disclosure to the media,” federal prosecutors said in a court filing this month. Both Winner’s attorneys and the prosecutors urged Hall to agree to the sentence spelled out in her plea deal.

“The government advises the court that despite the agreed-upon sentence being below the applicable guidelines range, it would be the longest sentence served by a federal defendant for an unauthorized disclosure to the media,” the prosecutors said in their court filing.

The prosecutors added avoiding a trial would prevent them from having to reveal sensitive government information in court. “The agreement reflects a fair resolution of the defendant’s criminal culpability, especially when balanced against the further harm to the national security that would likely result from a trial,” the prosecutors said.

The prosecutors also cited several other similar federal cases in which defendants received shorter prison sentences. In 2013, former FBI bomb technician Donald Sachtleben was sentenced to 43 months in prison for leaking classified information to the Associated Press about a foiled bomb plot in Yemen. That same year, former CIA officer John Kiriakou was given a 30-month sentence for revealing to a freelance journalist the identity of an undercover CIA agent. Two years later, former CIA officer Jeffrey Sterling got a 42-month sentence for leaking to The New York Times classified information about a secret operation to disrupt Iran’s nuclear weapons program.

Winner, 26, the prosecutors said, mailed a copy of a NSA document to The Intercept, an online publication. The Intercept published an article based on the report, saying Russian military intelligence sent spear-phishing emails to more than 100 local election officials and launched a cyberattack against a Florida-based voting software supplier that contracts in eight states.

The Press Freedom Defense Fund, which provides legal support to journalists and whistleblowers and is a program of The Intercept’s parent company, called Winner’s sentence “completely unjust.” “Demonstrating her passion for her country, she heroically — at great personal risk — alerted fellow Americans to vital information that Russia had tampered with the 2016 U.S. elections,” said the Press Freedom Defense Fund, which helped with the appeal of whistleblower Chelsea Manning, a former soldier convicted of violating the Espionage Act. “Her selfless act makes her a true patriot, not a criminal.”

Prior related post:

So how was it decided Reality Winner should get 63 months for leaking classified information? Does it seem about right? 

[douglasacogan]

So how was it decided Reality Winner should get 63 months for leaking classified information? Does it seem about right?

The questions in the title of this post are prompted by this news out of the federal criminal justice system via the New York Times: "Reality L. Winner, a former Air Force linguist who was the first person prosecuted by the Trump administration on charges of leaking classified information, pleaded guilty on Tuesday as part of an agreement with prosecutors that calls for a sentence of 63 months in prison." Here is more of the particulars and some context:

Ms. Winner, who entered her plea in Federal District Court in Augusta, Ga., was arrested last June and accused of sharing a classified report about Russian interference in the 2016 election with the news media. Ms. Winner, who is now 26, has been jailed since her arrest and wore an orange prison jumpsuit and white sneakers to the hearing. Her decision to plead guilty to one felony count allows the government both to avoid a complex trial that had been scheduled for October and to notch a victory in the Trump administration’s aggressive pursuit of leakers.

“All of my actions I did willfully, meaning I did so of my own free will,” Ms. Winner told Chief Judge J. Randal Hall on Tuesday. Throughout the hearing, Ms. Winner kept her hands behind her back while she answered questions about whether she understood the terms of the plea deal.

Ms. Winner, who was honorably discharged from the Air Force in 2016, was working as a contractor for the National Security Agency when she obtained a copy of a report that described hacks by a Russian intelligence service against local election officials and a company that sold software related to voter registration. The Intercept, an online news outlet that a prosecutor said Ms. Winner admired, published a copy of the top secret report shortly before Ms. Winner’s arrest was made public. The report described two cyberattacks by Russia’s military intelligence unit, the G.R.U. — one in August against a company that sells voter registration-related software and another, a few days before the election, against 122 local election officials.

At a detention hearing last year, the prosecutor, Jennifer G. Solari, said that Ms. Winner had been “mad about some things she had seen in the media, and she wanted to set the facts right.”...

Once rare, leak cases have become much more common in the 21st century, in part because of such electronic trails. Depending on how they are counted, the Obama administration brought nine or 10 leak-related prosecutions — about twice as many as were brought under all previous presidencies combined.

The Justice Department prosecuted Ms. Winner under the Espionage Act, a World War I-era law that criminalizes the unauthorized disclosure of national-security secrets that could be used to harm the United States or aid a foreign adversary. Ms. Winner’s prosecution galvanized transparency advocates, who mounted a publicity campaign in her support that even included a billboard in Augusta, the east Georgia city where Ms. Winner lived at the time of her arrest. They were particularly infuriated by a judge’s ruling that she be held until her trial....

Ms. Winner is the second person known to have reached a plea agreement with the Trump administration to resolve a leak prosecution. A former F.B.I. agent, Terry J. Albury, pleaded guilty in April, but prosecutors in that case have signaled that they will ask that he serve 46 to 57 months in prison.

The Justice Department has brought at least two other leak-related cases under the Trump administration.  Earlier this month, James Wolfe, a former Senate Intelligence Committee staffer, was arrested and charged with lying to the F.B.I. about his contacts with reporters, including a Times reporter with whom he had a personal relationship and whose phone records the department secretly seized, during a leak investigation; Mr. Wolfe has not been charged with leaking classified information, however.  He has pleaded not guilty.  Also this month, Joshua A. Schulte, a former C.I.A. software engineer, with charged with violating the Espionage Act and other laws based on accusations that he sent a stolen archive of documents and electronic tools related to the agency’s hacking operations to WikiLkeas, which dubbed them the Vault 7 leak. Mr. Schulte had already been facing child pornography charges.

A judge must still decide whether to approve her sentence after reviewing a report that prosecutors will present.  But prosecutors’ recommendation of more than five years in prison — followed by three years of supervised release — was unusually harsh for a leak case.  For most of American history, people accused of leaking to the news media were not prosecuted at all.  In the flurry of cases that have arisen during the 21st century, most convicted defendants were sentenced to one to three-and-a-half years.

One — Chelsea Manning, who was convicted at a military court-martial for sending large archives of military and diplomatic documents to WikiLeaks — was sentenced to 35 years in prison, but served only about seven years because President Barack Obama commuted the remainder of her sentence.

As this article suggests, there is not a lot of history of sentences for these kinds of leaks, and arguably the Chelsea Manning case sets a notable benchmark for how high a sentence might go for this kind of illegal leaking. But there are lots of ways to distinguish Manning and Winner, and Winner still seems to be getting a sentence considerably more severe than most modern leakers. That said, if one believes that deterrence considerations are especially important and perhaps effective in this setting, perhaps it is particularly justifiable for federal prosecutors to try to throw the book at the few high-profile leakers who get convicted.

Notably, as this article notes, a federal judge has to decide whether to accept this particular plea deal with its built-in sentence of 63 months.  Comments are welcome concerning whether the judge out to have some pause about doing so.

from RSSMix.com Mix ID 8247011 http://sentencing.typepad.com/sentencing_law_and_policy/2018/06/so-how-was-it-decided-reality-winner-should-get-63-months-for-leaking-classified-information-does-it.html via http://www.rssmix.com/

[upperpeninsulabreakingnews]

SHOCKING EXCLUSIVE: Read all federal the paperwork on the threats to the Islamic Society of Augusta: Read the federal indictment of the St. Louis, Missouri man who has been indicted by a federal grand jury for threatening the Islamic Society of Augusta

South Eastern Social Justice Breaking News Bulletin – 12-15-17 11:25 a.m. ET – Exclusive Read the original 10-count federal indictment of the St. Louis, Missouri man who has been indicted by a federal grand jury for threatening the Islamic Society of Augusta (more…)