Moe clarifies his opinion on the timing, on torture, and on the possible dangers of releasing such a report.
Moe resigned his commission over the use of torture to obtain information while he was the chief prosecutor at Gitmo.
Further explanation from Moe about where he stood and why he resigned his commission.
The federal agency that will play a pivotal role in guiding the sentence of former Virginia governor Robert F. McDonnell has recommended that the onetime Republican rising star spend at least 10 years and a month in prison, according to several people familiar with the matter.
The guidelines recommended by the U.S. probation office are preliminary, and even if finalized, U.S. District Judge James R. Spencer is not required to follow them. But experts said that Spencer typically heeds the probation office’s advice, and judges in his district have imposed sentences within the recommendations more than 70 percent of the time in recent years.
“It’s of critical importance,” said Scott Fredericksen, a white-collar criminal defense lawyer. “The fact is, the vast majority of times, courts follow those recommendations closely.”
The matter is far from settled. The probation office recommended a punishment from 10 years and a month to 12 years and 7 months. Calculating an appropriate range of sentences in the federal system is a complicated, mathematical process that takes into account a variety of factors, including the type of crime, the defendant’s role and the amount of loss. The judge has yet to see the arguments from each side.
This sentencing threat is overkill. The stark reminder is that McDonnell broke no Virginia laws. I will be outraged if he receives a 10 year sentence.
