No Dismissal for D’Souza

Dinesh D’Souza tried a novel argument in the criminal case against him for illegal campaign contributions, arguing that since the Supreme Court has struck down some limits on political contributions that have nothing to do with his case, the charges should be dismissed. Unsurprisingly, he lost that argument.

Dinesh D’Souza, the conservative author and filmmaker, on Thursday failed to win the dismissal of criminal charges that he used straw donors to make excessive contributions to a 2012 Senate candidate.

Ruling from the bench, District Judge Richard Berman in Manhattan rejected D’Souza’s contention that last month’s U.S. Supreme Court decision striking some limits on political donations also rendered a straw donor prohibition as unconstitutionally vague.

The judge also denied a request by D’Souza, a prominent critic of President Barack Obama, to seek the production of evidence that would support his claim the prosecution was in retaliation for his political activities.

“The court concludes the defendant has respectfully submitted no evidence he was selectively prosecuted,” Berman said.

D’Souza sat silently as Berman made his ruling. Benjamin Brafman, D’Souza’s lawyer, afterwards said he was disappointed but was prepared for trial, which is expected Tuesday.

“We have always believed this is a case that should be decided by a jury,” Brafman said.

Really? You’ve always said that? Then why did you try to get the case decided by a motion to dismiss rather than wanting to go to trial? You’re as bad a liar as your client.

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  • http://freethoughtblogs.com/axp/ Martin Wagner

    When will the judicial activism end!?

  • Reginald Selkirk

    It depends on jury selection, but I am imagining a lot of people would be turned off by D’Souza’s brand of smug. I hope his lawyer allows him to testify at length.

  • http://www.facebook.com/den.wilson d.c.wilson

    Lawyers will argue whatever position they think will help them win a case. I remember once, James Brown’s lawyer tried to get drug charges dismissed on the grounds that being the “Ambassador of Soul” granted him diplomatic immunity. So, they’ll roll the dice and hope to get lucky. If they lose the motion, move on to the next strategy and put a good public face on it.

  • colnago80

    In fairness, Brafman is considered one of the premier defense attorneys in the State of New York. As d.c. Wilson says @ #3, it is a lawyer’s obligation to strenuously, within the bounds of legal ethics, defend his client.

  • Konradius

    The Ambassador of Soul? Really? Did they combine that with the fact that Seoul lies in South Korea?

  • laplanck

    Really? You’ve always said that? Then why did you try to get the case decided by a motion to dismiss rather than wanting to go to trial? You’re as bad a liar as your client.

    Really, Ed? A better reading is “Nationally renowned defense lawyer tries to put as positive a spin as possible on losing a motion to dismiss all charges; film at 11.” You know full well that this is the sort of thing attorneys are paid to say when they lose motions.

  • k_machine

    This OT, but every time I see that name I get the “Liberty Bell March” going through my head

  • robertfoster

    Perhaps Dinesh will now write a book titled Life After Jail. I might read that one.

  • jefferylanam

    d.c.wilson @3: Actually, it was James Brown’s wife, Adrienne, whose lawyer tried that. http://www.snopes.com/autos/law/mrsbrown.asp

  • mikeyb

    It will be such a thrill if he gets the slammer. The perhaps he can do a documentary on how jails are becoming havens of anti-colonialism due to Obama.

  • http://www.pandasthumb.org Area Man

    I’m shocked that a judge did not buy D’Souza’s claim that he’s innocent because the enforcers of the law don’t like him.

  • http://www.pandasthumb.org Area Man

    The judge also denied a request by D’Souza, a prominent critic of President Barack Obama, to seek the production of evidence that would support his claim the prosecution was in retaliation for his political activities.

    I’m a little confused about this. Was D’Souza arguing that the court should be the one to produce evidence that there was selective prosecution when he himself could offer none?

  • eamick

    @3: Actually, it was Brown’s wife who tried to claim diplomatic immunity for being married to the ambassador of soul. http://www.snopes.com/autos/law/mrsbrown.asp

  • felidae

    When it comes to smarmy and self serving, few people are in the same league as Dinesh, with strong competition from the Newt

  • badboybotanist

    “Really, Ed? A better reading is “Nationally renowned defense lawyer tries to put as positive a spin as possible on losing a motion to dismiss all charges; film at 11.” You know full well that this is the sort of thing attorneys are paid to say when they lose motions.”

    Just because a lawyer is being paid to say it doesn’t mean it magically becomes the truth. It’s still obviously a lie. Now, if he had said that they believed it “would” be a case decided by a jury, that could be believable. But “should?” Nope.

  • dingojack

    robertfoster (#8) – no doubt Dinesh will write a book in jail. My guess at the title would be:

    Four and a Half Years (of Struggle) Against Lies, Stupidity and Cowardice.”

    But I’m guessing his publisher will shorten it to something snappier.

    ; ) Dingo

  • Moggie

    dingojack:

    But I’m guessing his publisher will shorten it to something snappier.

    For the German market?

  • D Carter

    short title in French: Dinde d’Inde

  • joseph
  • David C Brayton

    I just read an article about D’Souza’s plea. Apparently, there is a audio recording of him saying that he knew it was wrong, that he would plead guilty if caught but that he would plead not guilty first in order to get press coverage.

    The article concluded that D’Souza will get 10-16 months in the pokey.

    Seems about right for such a depraved act.