According to court documents, federal prosecutors working on behalf of Attorney General Eric Holder and the Department of Justice misled U.S. District Court Judge Richard Berman in the case against conservative filmmaker and author Dinesh D’Souza during their pursuit of 10-to-16 months of prison time for a federal felony charge.
In a reply sentencing memo submitted to the Court on behalf of D’Souza last week, his counsel argues federal prosecutors excluded and misrepresented the facts of “similar” cases in the Government’s sentencing proposal to Judge Berman, leaving out crucial facts key to fair and equal sentencing for D’Souza compared to other cases. The prosecution has a duty to present comparable cases and crimes when arguing for a prison sentence. In their presentation of “similar” cases to the Judge for consideration during his deliberation, the prosecution ignored all truly similar cases without prison time but did present cases that included prison time without a full set of facts to justify sentencing.
“The Government, in this case, has chosen to consciously omit from its submission critical facts from most of the cases they cite which make it clear that those cases are substantially distinguishable from the facts in D’Souza’s prosecution,” the memo states.
D’Souza’s counsel provided the court with a chart detailing “the ‘limited’ facts from each case that the Government highlights” and then provided the missing facts the Government failed to include in order to avoid undermining their own argument against a prison sentence. With all the facts in place, the Government doesn’t have a case that adds up to a sentence that includes imprisonment.
In the chart submitted to the Judge by D’Souza’s counsel, you’ll notice the “facts” on the left submitted to the Judge by the Government to be used for sentencing consideration. On the right, you’ll find the full facts of the case the Government deliberately failed to include. Below are three of eight examples provided. You can read the rest here.