I am rather perplexed by a ruling by U.S. District Judge Richard M. Berman to order not just four more years of community service for filmmaker Dinesh D’Souza but continuation of psychological counseling despite the countervailing findings of two experts in the case. Judge Berman was on solid ground in much of his opinion on the conditions of the prior sentencing order. While tough, the defense was trying to curtail key aspects of the order. However, the counseling component does concern me.
D’Souza’s pleaded guilty to a single count of making illegal contributions in the name of others as part of the campaign of Wendy Long for New York Senate. He made $20,000 in illegal contributions. That is no minor infraction, but many questioned the decision of the Justice Department to seek multiple felonies and jail time. His case was denounced by various people as reflecting a selective prosecution of a conservative write and critic of the Obama Administration. Berman rejected the demand for jail time but did impose five years probation, eight months in a halfway house and a $30,000 fine as well as requiring that D’Souza perform eight hours of community service each week during his probation and must undergo therapy on a weekly basis.
This hearing was meant to clarify aspects of his sentence last year and much of the order would not be viewed as particularly controversial. D’Souza was seeking to limit the time of the community service by reference to his home confinement period. Berman balked and said that he said the two periods as distinct — a position that courts would likely take in similar cases.
Berman not surprisingly continued the community service for four more years. However, it is the counseling that most surprised me. While some sites have clearly relished the denial of relief, even referring to D’Souza as a “conservative clown.” His political views should not factor into these cases.
D’Souza’s counsel submitted evidence that the court-ordered psychiatrist found no indication of depression or reason for medication. His own retained psychologist provided a written statement concluding there was no need to continue the consultation. However, Judge Berman simply disagreed and said that he thinks more counseling will help while noting that this is not punishment: “I only insisted on psychological counseling as part of Mr. D’Souza’s sentence because I wanted to be helpful. I am requiring Mr. D’Souza to see a new psychological counselor and to continue the weekly psychological consultation not as part of his punishment or to be retributive.” I am concerned with a judge exercising such power “to be helpful” when there is not an independent recommendation for such counseling or a desire by the individual for such counseling.
Moreover, I am not comfortable with Judge Berman’s reference to his own expertise in the area. The court insisted “I’m not singling out Mr. D’Souza to pick on him. A requirement for psychological counseling often comes up in my hearings in cases where I find it hard to understand why someone did what they did.” I fail to see why this conduct is so mystifying. Stupid, yes, but the motivation was obvious. He sought to circumvent limitations on campaign financing laws. That was justifiably punished but it is not like he was found with severed heads in a duffle bag. Judge Berman noted that the court-appointed psychologist called D’Souza “arrogant” and “intolerant of others’ feelings.” However, that description would fit many successful people, including many in Washington and even a few on the bench.
Judge Berman then added: “You have to understand, I have a background in social work with a psychology major. I’m sensitive to mental health issues in the criminal cases I hear, and I do not want to end psychological counseling at this time in Mr. D’Souza’s case.” I have little question that Judge Berman has such a background. Indeed, he has a remarkable background and proven intellectual prowess. He received his B.S. from Cornell University in 1964 and his J.D. from New York University School of Law in 1967. He also received a Master of Social Work from Fordham University in 1996. He had a successful legal career and served as an executive assistant to United States Senator Jacob Javits in 1974. He was later named Executive Director of the New York State Alliance to Save Energy and was then appointed General Counsel and Executive Vice President of the Warner Cable Corporation. He has been a judge on various levels and is distinguished in the depth and scope of his published opinions.
However, while judges often bring their experience and knowledge to cases, it is a bit more problematic when the court effectively places his own experience as a type of third expert witness on an issue like psychological counseling. It is akin to a former police officer invoking his own forensic analysis to overrule or amplify the conclusions of an expert witness. I also simply do not see the record for continuing this element of the order. The original sentence for D’Souza was quite harsh and he has fulfilled those conditions without incident from what I can see. He has also continued as a successful writer and speaker. Even if the court believes that community service must continue, I do not see the basis for compelled psychological counseling. The court is not in the business of making “better people” in this way. The court acknowledged that this is not part of the punishment and that he was only ordering the counseling on his hunch that D’Souza could benefit from such counseling. At this point however I think that decision should rest with D’Souza. I do not know D’Souza and I have not read his work. However, I fail to see a record to support this part of the order.
What do you think?
I. Annie
I saw a bumper sticker the other day. It said:
EVE WAS FRAMED
Oh, Gnosticism is a personal favorite, as it confounds a few neo-intellectuals and ties up flibbertigibbet Presbyterians, while the destruction continues apace.
And of course Pogo is asleep on the job. Some inquisitor.
How can we remember Neo? So as not to be stuck in an unreal world in a human fleshy sinewy prison of a body again?
And why the heck was it Eve that believed the lie? Adam was even dumber to believe her. Dupe.
So where are our real consciousnesses?
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Excellent question, but I can’t answer that quickly, I will say that we (our consciousness) are in a prison and our bodies keep us in this prison called the world. We are not freed for very long after death unless we are aware of this fact prior to death.
A simple example of the vast religious deception (christianity).
Q: Who lied in the Garden of Eden, god or the serpent?
A: You will immediately proclaim the serpent which is what christians are taught, but that would be wrong.
The truth of that story is quite clear but not seen by christians.
We have eyes but can not see, we have ears but can not hear.
Ah, I see. Like the Matrix, sort of? So where are our real consciousnesses? In a pod somewhere? Pogo you need to take notes here. Why am I the only one asking questions? After all Pogo, YOU are The Chief Consort to the Grand Inquisitor. I’m just a little Presbyterian.
So Neo, are you saying all Christian religions are part of the BEAST?
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I am saying all Religions are part of the BEAST.
“I am saying all Religions are part of the BEAST.”
I think somebody is claiming unearned credit. You don’t get to be the beast just because you wanna be. You have to work at and earn the title.
If you haven’t noticed some people have put in millennia of effort to be recognized as the beast.
All this beast talk is causing unnecessary confusion. People don’t know who to be afraid of now.
Get your own title and trade mark. The beast is taken.
Maybe you can call yourself beast2, or bestieboy, or monsterman, anything but beast.
If you keep trying to take unearned credit you are just asking for eternal retribution – not to mention being rotated 90 degrees out of reality.
The BEAST is of this world and this world is an illusion (Quantum Physics).
So Neo, are you saying all Christian religions are part of the BEAST? I think Pogo will be interested in hearing about this BEAST. He thinks only the state is the BEAST. But you’re saying that religion, financial and political systems are the BEAST. How can we recognize the BEAST?
@ I. Annie
Who IS the BEAST Neo?
The ancient Babylonian Magik system which engulfs the financial, religious, and political systems of the world.
Only the State must be worshiped.
Hear that Pogo? “If you worship a god, you worship the BEAST”. Pogo ( The Chief Consort, blah blah blah) thinks that even Presbyterians aren’t Christian enough, Neo. I bet Pogo’s church which is a truly Christian church, much more Christian than Presbyterians, must seriously worship the BEAST, who,ever that may be according to Neo. Who IS the BEAST Neo?
If you worship a god, you worship the BEAST.
Humanity has been doing that for over a thousand years.
Others, not so much.
They smelled Baal right away.
I implore you to work harder, to destroy, er, I mean, improve the Presbyterian church by next adopting transgenderism and polygamy.
And, circling back, describing all those who disagree as bigots and, well, insane.
We thank you for all that you do.
We keep that hidden from you quite well, I see.
Sorry Pogo, we don’t worship Baal in my Presbyterian church.
Tsk, tsk, now you went all solipsistic.
Keep your eye on the Baal, Inga.
Pogo,
Of course we shouldn’t draw attention to off topic comments by conservatives, oops my bad.
CCTTPGI,
I stand corrected. Thank you.
The American thesis WAS…
…before Marx, Stalin, Mao, Castro, the democrat party, the RINO’s, et al.