• Skip to main content
  • Skip to primary sidebar
  • Advertise With Us
  • Privacy Policy
  • Terms of Use

Fierce Patriots

Conservative Political News

  • Subscribe

Jonathan Turley

Constitutional lawyer sounds alarm over 'deeply concerning' action DOJ is taking against man whose prison sentence Trump commuted

August 15, 2022 by Chris Enloe Leave a Comment

George Washington Law School professor Jonathan Turley, a self-described liberal, is raising concern over new Justice Department action against a person whose prison sentence was commuted by former President Donald Trump.

What is the background?

Philip Esformes was sentenced to 20 years in prison in 2019 after he was convicted for running an alleged health care fraud scheme as a nursing home operator. Government prosecutors alleged Esformes ran a “two-decade scheme that involved an estimated $1.3 billion worth of fraudulent claims,” according to the New York Times.

But Trump commuted Esformes’ sentence in late December 2020, less than one month before he left office.

What are the details?

On Saturday, Turley raised alarm over “deeply concerning” action the DOJ is taking against Esformes.

“I was highly critical of some of the Trump pardons,” Turley wrote on Twitter. “But this move by the Justice Department to circumvent a prior commutation is deeply concerning.”

“This is a previously tried individual who received executive clemency,” the constitutional lawyer added. “The clemency obviously only addressed the conviction but the clear intent was to grant relief from the prosecution as a whole.”


u201c…The clemency obviously only addressed the conviction but the clear intent was to grant relief from the prosecution as a whole.u201d

— Jonathan Turley (@Jonathan Turley)
1660421492

Federal prosecutors are working to retry Esformes on six criminal charges over which the jury in his trial were deadlocked. Prosecutors, however, are not attempting to retry the charges on which he was convicted.

Former U.S. Attorney Michael Sullivan described the DOJ’s action as “flirting with a dangerous clemency precedent.”

Criminal defense attorney Joe Tacopina, who is assisting Esformes’ legal team, alleged prosecutors are taking action as political retribution.

“The situation is entirely unique because the actions of the prosecutors here are incredibly outrageous,” Tacopina told CNBC.

“There’s no question in my mind that the [Justice Department’s] flagrant disregard of President Trump’s clemency order is motivated by acrimony towards him,” the attorney added. “And if there’s any question about that, what the prosecution is doing here against Mr. Esformes is unprecedented … He’s clearly a political casualty of partisan games.”

CNBC explained the confusing nature of the case:

There is no federal statute that explicitly says prosecutors cannot retry a defendant on so-called hung counts when they have had their sentence commuted by the president for counts on which they were convicted. Nor is there federal case law that provides guidance on that question, because Esformes’ situation is apparently the first time the issue has arisen.

Presidential pardons, on the other hand, bar prosecutors from lodging federal charges against defendants for the same conduct that was the subject of their pardon.

Esformes’ attorneys believe federal prosecutors are motivated by hatred of Trump, and they have appealed to a federal court the move to retry their client. The appeals court hearing will take place next month.

Ahead of the hearing, prosecutors argued their actions are within the bounds of the law because Trump did not pardon Esformes.

“The President’s commutation order does not impact any of the counts on which the jury failed to reach a verdict,” prosecutors argued in a briefing. “By its plain terms, the President’s commutation order is expressly limited to the counts of conviction.”

“If President Trump had intended to grant Esformes a pardon, or if the President had intended to grant Esformes clemency on the hung counts, he would have communicated as much in the clemency warrant,” prosecutors also said. “Indeed, on the same day President Trump commuted Esformes’ prison sentence, he issued 15 pardons, each of which stated he was granting a ‘full and unconditional pardon’ to the recipient.”

Filed Under: DOJ, Donald Trump, Jonathan Turley, Justice Department, News, Philip esformes, Presidential clemency, The Blaze

Primary Sidebar

Woman testifies that R. Kelly had sex with her 'hundreds' of times before she turned 18 during singer's child pornography trial

August 18, 2022 | Paul Sacca | Leave a Comment

During the trial for R. Kelly on child pornography and obstruction of justice charges, a woman claimed that the R&B singer had sex with her … Read More... about Woman testifies that R. Kelly had sex with her 'hundreds' of times before she turned 18 during singer's child pornography trial

Ron DeSantis Rips IRS Expansion: ‘Middle Finger to the American People’

August 18, 2022 | Levon Satamian | Leave a Comment

Florida Governor Ron DeSantis did not mince words when discussing the IRS expansion. Due to Joe Biden signing the so-called Inflation Reduction Act, … Read More... about Ron DeSantis Rips IRS Expansion: ‘Middle Finger to the American People’

UK murder victim's loved one thinks gun laws too loose

August 18, 2022 | Tom Knighton | Leave a Comment

The United Kingdom has some of the toughest gun control laws in the world. They’re not the toughest, but close to it. Yet despite all those … Read More... about UK murder victim's loved one thinks gun laws too loose

Sam Harris responds to online furor over his argument that the media should have covered up Hunter Biden laptop story

August 18, 2022 | Carlos Garcia | Leave a Comment

An atheist podcast known for criticizing Christianity and Islam responded to a social media furor over his comments, arguing that the media should … Read More... about Sam Harris responds to online furor over his argument that the media should have covered up Hunter Biden laptop story

Did a Family Member Implicate Trump? Top Aides Think the Answer Is Yes

August 18, 2022 | Mike Miller | Leave a Comment

Grab the popcorn, America, stuff just got really interesting. Top aides of former President Donald Trump have suspected from the beginning that the … Read More... about Did a Family Member Implicate Trump? Top Aides Think the Answer Is Yes

Sign Up For The Fierce Patriot Newsletter

Follow on Instagram

Senate Republican-Aligned Super PAC Will Spend Additional $28 Million on Ohio Senate Race

August 18, 2022 | Jacob Bliss | Leave a Comment

… Read More... about Senate Republican-Aligned Super PAC Will Spend Additional $28 Million on Ohio Senate Race

Former Trump Org. Exec Pleads Guilty to Tax Evasion, but It's Not the Win The Donald's Enemies Think It Is

August 18, 2022 | Bob Hoge | Leave a Comment

My colleague Bonchie predicted that Trump Organization executive Allen Weisselberg would plead … Read More... about Former Trump Org. Exec Pleads Guilty to Tax Evasion, but It's Not the Win The Donald's Enemies Think It Is

New York Times Hires Buzzfeed Lead Reporter on Steele Dossier to Cover ‘Right-Wing Media’

August 18, 2022 | Emma-Jo Morris | Leave a Comment

The New York Times announced Thursday that it has hired Buzzfeed News’s Ken Bensinger to “pioneer a … Read More... about New York Times Hires Buzzfeed Lead Reporter on Steele Dossier to Cover ‘Right-Wing Media’

These 4 videos are PROOF of YouTube's GLARING political bias

August 18, 2022 | BlazeTV Staff | Leave a Comment

YouTube banned Steven Crowder over a comment made by Arizona gubernatorial candidate Kari Lake. The … Read More... about These 4 videos are PROOF of YouTube's GLARING political bias

Mike Pompeo Fires Back at Adam Kinzinger, Says He Continuously Asked for a Job in Trump Administration

August 18, 2022 | Levon Satamian | Leave a Comment

Former Secretary of State Mike Pompeo fired back at Congressman Adam Kinzinger (R-IL) after … Read More... about Mike Pompeo Fires Back at Adam Kinzinger, Says He Continuously Asked for a Job in Trump Administration

David Chipman finally figured out how to define “assault weapon”

August 18, 2022 | Cam Edwards | Leave a Comment

He famously failed to do so during his confirmation hearing after being nominated by Joe Biden … Read More... about David Chipman finally figured out how to define “assault weapon”

'Protect pregnant men from climate discrimination': Conservative group runs ads with preposterous messages that highlight the absurdity of left-wing ideology

August 18, 2022 | Alex Nitzberg | Leave a Comment

A conservative organization called Citizens for Sanity is running ads that highlight the absurdity … Read More... about 'Protect pregnant men from climate discrimination': Conservative group runs ads with preposterous messages that highlight the absurdity of left-wing ideology

CNN's Gangel: 18 Trump Officials Dismiss Declassification Standing Order Claim, 'Bullsh-t,' 'Ridiculous'

August 18, 2022 | Pam Key | Leave a Comment

… Read More... about CNN's Gangel: 18 Trump Officials Dismiss Declassification Standing Order Claim, 'Bullsh-t,' 'Ridiculous'

Rising Costs Wipe Out Benefit of 'Inflation Reduction' Act's $7,500 Electric Vehicle Credit

August 18, 2022 | Sean Moran | Leave a Comment

Ahead of the passage of the $700 billion Inflation Reduction Act, Ford Motor Company and General … Read More... about Rising Costs Wipe Out Benefit of 'Inflation Reduction' Act's $7,500 Electric Vehicle Credit

The IRS Is Your Friend

August 18, 2022 | John Fund | Leave a Comment

… Read More... about The IRS Is Your Friend

'Somebody out there cares about them': Iowa teacher and auto mechanic builds furniture for the needy in his spare time

August 18, 2022 | Cortney Weil | Leave a Comment

One Iowa teacher and part-time auto mechanic spends much of his free time building furniture for … Read More... about 'Somebody out there cares about them': Iowa teacher and auto mechanic builds furniture for the needy in his spare time

'Rainbow Fentanyl' Poses Risk to West Coast as Officials Issue Warning to Parents

August 18, 2022 | Cameron Arcand | Leave a Comment

Officials are now warning about a new type of colorful fentanyl that is circulating in the Pacific … Read More... about 'Rainbow Fentanyl' Poses Risk to West Coast as Officials Issue Warning to Parents

Copyright © 2022 — FiercePatriots.com • All rights reserved. • Privacy Policy • Terms of Use • Sitemap