Showing posts with label pardons. Show all posts
Showing posts with label pardons. Show all posts

Monday, December 2, 2019

Was Clayton Luckie Hanging Out With Bert Johnson In Detroit?

From the sentencing in this public corruption case with Ohio Former State Representative Clayton Luckie, I wonder if he was running with Michigan Former State Senator Bert Johnson.

Just asking.

#FreeKwame



Former Democratic State Lawmaker Says He Will Seek Presidential Pardon Of Corruption Conviction


Clayton Luckie
A former Democratic State Representative sentenced to prison after pleading guilty to mail fraud says he did nothing wrong and will seek a presidential pardon.  

Clayton Luckie, who is black, says pardoning him would be a good way for Republican President Trump to show he cares about the minority community.  Luckie was sentenced in November to four months in prison after a judge rejected a probation recommendation. Luckie was convicted of offering his firm as a front for another company to win work intended for disadvantaged businesses and submitted false invoices for thousands of dollars to the City of Dayton.  Luckie left prison in 2016 after serving three years for convictions on charges that included election falsification.

Hometown success story faces possible prison time

NEWS Oct 14, 2012
V
Staff WritersBefore he was led away in handcuffs after being charged with theft in office, money laundering and other felony charges, Clayton Luckie seemed the epitome of the hometown success story.He grew up in a middle-class West Dayton family and played basketball at Chaminade-Julienne High School, graduating in 1981. After serving 10 years on the Dayton school board, he was elected to the legislature representing Dayton’s 39th House District.He drove a Cadillac Escalade, wore finely-tailored suits and bought a home for his mother in Springboro.“I was really impressed by how good he was to his mother,” noted Mario Gallin, who was often an adversary on the Dayton school board. “That seemed counter to his image as the super politician.”Some privately wondered how Luckie’s lifestyle reconciled with his $68,000 income as a state representative and less than $10,000 from his part-time job as director of sales for Johnson Energy Co. “There was always smoke, but I never saw any flames,” Gallin said. “Nothing happened that was anything but proper and above board.”Gallin was among those caught off-guard last week by the news that Luckie had been indicted on 49 criminal charges, including theft in office, money laundering, election falsification, tampering with records, and tampering with evidence and forgery. The indictment says that over his six years in the Ohio House he stole nearly $130,000 from his campaign account.

If convicted, he could spend years in prison.“It’s no secret we weren’t friends,” Gallin said of the six years the two served together on the school board. But, she said, Luckie cared about the school district and was an advocate for children.“He struck me as more of a street politician, whereas I like to think of myself as not a politician at all,” Gallin said in describing their differences.Jeffrey Mims Jr., Luckie’s former third-grade teacher at Eastmont Elementary School and now a member of the state Board of Education, said the person he knows is nothing like the criminal described in the indictment.At Eastmont, Mims said, Luckie used to bring in 50 cents for students who couldn’t afford to pay for their activity fees. In adult life, he served as a mentor for the Beautillion program, which teaches young men to be disciplined.“He was a very caring person,” Mims said. “Over the years I have observed his thoughtfulness and trying to do the right thing for young people. He made me incredibly proud.”

Dayton demolition contractor Steve Rauch, who donated about $10,000 to Luckie’s campaign fund over the years, said he was saddened by the allegations. “This area needs a lot of support, and he was a good person to do it,” Rauch said. “I am sad for his family and for the Democratic Party. He had a nice future, and it might be gone now.”Drowning in debtLuckie was a political survivor. He was the only incumbent school board member who wasn’t voted out when the four-member “Kids First” reform ticket swept the school board race in 2001, led by the late Gail Littlejohn.“He was very charming, and he knew how to work a room,” Gallin said. “People really liked him.”On Nov. 14, 2006, Luckie was appointed by the Democratic Party to the 39th House District seat vacated when Dixie Allen left her seat to run for county commissioner as a Republican. 

He handily won re-election in the heavily-Democratic district in 2008 and 2010 with 81 percent of the vote.He served as Third Vice President of the Ohio Legislative Black Caucus — a group co-founded by one of his predecessors, C.J. McLin. In January 2009, he was appointed to the state Controlling Board.Luckie’s personal life didn’t match the same trajectory as his public life.He bought a home in Dayton’s Wright-Dunbar District for $151,000 in June, 2005, two months before he married LisaBeth Willis. Their daughter, Kierston, was born in March, 2010 — three months before LisaBeth filed for divorce, citing incompatibility.The divorce file made it clear that Luckie was drowning in debt. He disclosed that he faced $10,433 in monthly expenses, including $6,685 in monthly debt payments, $1,928 for mortgages and utilities, $1,220 for gasoline and car repairs on his 2005 Cadillac Escalade, $792 for the car payment and $500 for medical and insurance items. In August 2011, the court ordered the state to begin garnishing $331.50 a month from his wages to cover his child support payments.In the final divorce decree filed in August 2011, Luckie got the houses at 69 Horace St. in Wright-Dunbar Historic District and 8 English Oak in Springboro, the Escalade and half of Lisa Beth’s 401(k) account. 

The pair split $56,000 in consumer credit card debt: $20,000 for her, $36,000 for him.Luckie, now 49, also disclosed on his state ethics form that he has a son, Chris Beam, and he owns a third house at 607 E. Lakegren in Eaton.Luckie soon would have more than just debt problems. In March, he had his first interview with the FBI.Bogus invoicesThe investigation into Luckie stemmed from an FBI probe into lobbying activities by pay day lenders and W. Carlton Weddington, a Columbus Democrat who pleaded guilty to bribery, elections falsification and ethics charges earlier this year.FBI investigators found a $300 contribution to Luckie’s campaign account reported by a pay day lending political action committee but not reported by Luckie. Ohio Secretary of State Jon Husted said his auditors first noted that discrepancy and Luckie then amended his report. 

The FBI’s forensic accountant, though, uncovered evidence of bogus invoices, transfers to Luckie’s personal accounts, ATM withdrawals at casinos in three states and other irregularities, authorities said.The four misdemeanor counts Luckie is facing have to do with filing inaccurate ethics disclosure statements. Luckie failed to disclose four loans: $4,000 with Union Savings Bank to purchase a jet ski, $3,000 with a Dayton jewelry store, $4,000 with a roofing company, and $5,000 with Frank V. Surico.Surico is listed as vice president of Johnson Energy Co., a dealer in coal, limestone and other fuels. The company has employed Luckie since at least 2005, according to state ethics statements, and lists him as the director of sales on its website. But the job hasn’t paid much. Luckie said on his ethics statements that he earned between $1,000 and $10,000 a year from Johnson Energy in six of the last seven years and in 2008 he said he made between $10,000 and $25,000 at the job.Surico wrote a $625 check to the Ohio Legislative Black Caucus in 2011 to support its annual golf outing, but Luckie deposited the check into his own bank account, according to the indictment.Tony Bledsoe, director of Ohio’s Joint Legislative Ethics Commission, said he’s troubled by the Weddington and Luckie cases, but he doesn’t believe there are widespread abuses at the Statehouse.“There is always a concern about any potential violation of the public trust,” he said. “But with 132 legislators, there will probably be a couple of folks who step outside the boundaries of what is appropriate or what is legal. These are isolated incidents, but we need to know how we can improve our oversight.”Bledsoe said the FBI has voiced no concern over Luckie’s role on the state Controlling Board. 

“One of the checks and balances is the state checking account,” he said.Fundamental trust violatedDayton City Commissioner Nan Whaley said the allegations are baffling, considering how hard it is for candidates to raise even the smallest amount of money. “These dollars are really precious,” Whaley said. “It’s not easy to raise money, and it’s something we don’t like as part of the job. If these charges are true, it’s really strange. Why would you do that?”Whaley praises Luckie for stepping aside in time for the Democrats to place another candidate, longtime Dayton politician Fred Strahorn, on the ballot. “It’s a relief that we are moving on with a good candidate,” she said. “I give Clayton credit for that. He did have the community on his mind.”Derrick Foward, president of the Dayton chapter of the NAACP, said the NAACP is not involved with the case. But Foward, who grew up with Luckie, said, “We are praying for him and his family. We will be very careful about making statements until all the facts are known.”He added, “If he feels he is unjustly treated, the NAACP is here for him.”Foward said that Luckie was known in his youth as an respected middle-class teen who loved basketball, swimming and dances at the West Area YMCA. “It’s a great loss to the community,” he said. “He was an upstanding citizen.”Husted, however, said on Friday that he was not surprised by the indictment. “I really don’t want to expand on that publicly,” said the former House speaker who has known Luckie since the 1990s.Husted said he will ask the General Assembly next year to work on reforming the campaign finance reporting system. 

One change he supports: requiring campaigns to disclose bank account information so that auditors can verify expenditures and contributions if necessary. He said also Ohio needs to update its laws for more timely disclosure of campaign contributions and beef up enforcement.“Not only do we need a reform in campaign finance on the auditing side, but also on the enforcement side,” Husted said. “(Franklin County Prosecutor) Ron O’Brien did a really good job because it got to the prosecutors through the law enforcement side.”Usually campaign finance complaints go through the bipartisan Ohio Elections Commission, Husted said, which can take months or even years to resolve cases.Former Cuyahoga County sheriff Gerald McFaul, a Democrat, stole money from his campaign fund and forced employees to work on his political events. He struck a plea deal with prosecutors in 2010 that included $130,000 in restitution.Husted said the Elections Commission ruled that McFaul could use his campaign funds to pay the restitution. 

Husted has asked for a re-hearing on the matter, he said.“If you get caught doing something wrong and the penalty is pay the money back, that’s not much of a penalty,” he said.Husted said Luckie is eligible to pay his attorney fees out of his campaign fund because the accusations are related to his activities as a candidate and an officeholder.Whaley said that if the allegations are true, Luckie violated the fundamental trust between donor and politician.“I would be really upset if I had ever given Clayton any money,” she said. “There is a code that if you’re donating money, it’s for the campaign.”

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Sunday, August 26, 2018

JUDICIARY: DEMS DEMAND GOODLATTE BRING THE COMMITTEE INTO SESSION; REQUEST MEETING WITH DOJ ON COHEN’S GUILTY PLEA & DEMAND HEARINGS ON TRUMP’S ABUSE OF PARDON POWER



Washington, D.C. – [Today, August 24, 2018], in the wake of continuing fallout from the guilty plea of President Donald Trump's longtime personal lawyer, Michael Cohen; the conviction of his former campaign manager, Paul Manafort; grants of immunity for David Pecker, Chairman of American Media and the Trump Organization’s chief financial officer, Allen Weisselberg; and President Trump’s reactions to these events, Ranking Member Jerrold Nadler (D-NY) led a letter, below, signed by every Democratic member of the House Judiciary Committee to Chairman Bob Goodlatte (R-VA).  The letter asks that Chairman Goodlatte call the House Judiciary Committee back into session immediately to allow members to meet with the Department of Justice (DOJ) regarding the implications of the Cohen investigation; to respond to possible abuse of the pardon power by the President and his continuing attacks on the DOJ; and to take up bipartisan legislation to protect the Special Counsel.  

In their letter, the Members wrote, “We believe the Committee needs to take several  actions within our jurisdictional responsibility, including meeting with Department of Justice leadership concerning recent charges implicating President Trump in campaign finance violations, taking actions to help prevent presidential pardon authority from being used to interfere with ongoing criminal investigations, protecting the Special Counsel from wrongful termination, and responding to the growing culture of corruption and the President’s ongoing venomous attacks against the Department of Justice and FBI.”

Democratic Members urged Goodlatte to stand on the right side of history, noting, “Our Nation and our Committee stand at a crossroads, and the House Judiciary Committee has the expertise and authority necessary to take action to protect the rule of law and trust in our governmental institutions.  We are ready, willing, and able to work with you in placing country above party in pursuing these matters and protecting our Nation from crossing a constitutional precipice.”

Today’s letter was signed by every Democratic member of the U.S. House Judiciary Committee: Representatives Jerrold Nadler (D-NY), Zoe Lofgren (D-CA), Sheila Jackson Lee (D-TX), Steve Cohen (D-TN), Hank Johnson (D-GA), Ted Deutch (D-FL), Luis Gutierrez (D-IL), Karen Bass (D-CA), Cedric Richmond (D-LA), Hakeem Jeffries (D-NY), David Cicilline (D-RI), Eric Swalwell (D-CA), Ted Lieu (D-CA), Jamie Raskin (D-MD), Pramila Jayapal (D-WA), Brad Schneider (D-IL) and Val Demings (D-FL). 

On March 9, 2018, Ranking Member Jerrold Nadler, Congressional Democratic Women’s Working Group Chair Lois Frankel (D-FL) and Vice Chair Brenda Lawrence (D-MI), and Judiciary Committee members sent a letter to President Donald Trump’s lawyers, Michael Cohen and Marc Kasowitz, as well as David Pecker, the Chairman of American Media, Inc., raising legal concerns about payoffs to adult-film actress Stormy Daniels and others.

On May 14, 2018, House Democrats released “Complicit: House GOP’s Reckless Campaign to Cover-up for President Trump,” which outlines the GOP’s efforts to undermine the Special Counsel’s investigation, shield the American people from the truth, and place the President’s political interests ahead of our national security interest. 
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Wednesday, June 6, 2018

JUDICIARY: Dems Send Letter To White House Counsel McGahn About Trump's Extraordinary View Of The Pardon Power



Washington, D.C. – House Judiciary Committee Ranking Member Jerrold Nadler (D-NY) today led a letter, below, signed by Democratic Members of the House Judiciary Committee to Donald McGahn, the White House Counsel, asking substantive questions about the recent pardons issued by President Trump, whether or not the formal procedures for processing pardons were followed, and seeking clarification on recent assertions by the President and his associates about his power to pardon himself and terminate ongoing investigations. 

The letter was signed by Democratic Members of the U.S. House Judiciary Committee, including: Representatives Jerrold Nadler (D-NY), Zoe Lofgren (D-CA), Sheila Jackson Lee (D-TX), Steve Cohen (D-TN), Hank Johnson (D-GA), Ted Deutch (D-FL), Luis Gutierrez (D-IL), Karen Bass (D-CA), Cedric Richmond (D-LA), Hakeem Jeffries (D-NY), David Cicilline (D-RI), Eric Swalwell (D-CA), Ted Lieu (D-CA), Jamie Raskin (D-MD), Pramila Jayapal (D-WA), Brad Schneider (D-IL) and Val Demings (D-FL). 

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Wednesday, April 18, 2018

JUDICIARY: DEMOCRATS URGE GOODLATTE TO HOLD HEARINGS ON TRUMP’S PARDON OF SCOOTER LIBBY


Washington, D.C. – House Judiciary Committee Ranking Member Jerrold Nadler (D-NY), led a letter signed by every Democratic Member of the House Judiciary Committee to House Judiciary Committee Chairman Bob Goodlatte, urging him to hold hearings on Trump’s pardon of Scooter Libby. 

The letter was signed by every Democratic Member of the U.S. House Judiciary Committee, including: Representatives Jerrold Nadler (D-NY), Zoe Lofgren (D-CA), Sheila Jackson Lee (D-TX), Steve Cohen (D-TN), Hank Johnson (D-GA), Ted Deutch (D-FL), Luis Gutierrez (D-IL), Karen Bass (D-CA), Cedric Richmond (D-LA), Hakeem Jeffries (D-NY), David Cicilline (D-RI), Eric Swalwell (D-CA), Ted Lieu (D-CA), Jamie Raskin (D-MD), Pramila Jayapal (D-WA), Brad Schneider (D-IL) and Val Demings (D-FL). 

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Thursday, September 28, 2017

CONYERS Leads Members Of Congress In Filing Amicus Brief Opposing Sheriff Joe Arpaio's Motion To Vacate His Conviction Following Trump's Pardon


Washington, D.C. - Today, House Judiciary Committee Ranking Member John Conyers, Jr. (D-MI), Subcommittee on Courts, Intellectual Property, and the Internet Ranking Member Jerrold Nadler (D-NY ), Subcommittee on Immigration and Border Security Ranking Member Zoe Lofgren (D-CA), Subcommittee on Crime, Terrorism, Homeland Security, and Investigations Ranking Member Sheila Jackson Lee (D-TX), Subcommittee on the Constitution and Civil Justice Ranking Member Steve Cohen (D-TN), Subcommittee on Regulatory Reform, Commercial and Antitrust Law Ranking Member David Cicilline (D-RI), Representative Jackie Speier (D-CA), and other Members of Congress, filed an amicus brief opposing Sheriff Joe Arpaio’s motion to vacate his conviction for criminal contempt of court on the ground that President Donald Trump’s pardon of Sheriff Arpaio was unconstitutional.

In 2011, a Federal court found that Sheriff Arpaio's police department routinely engaged in racial profiling of Latinos.  The court ordered the department to cease its unconstitutional practices immediately, but Sheriff Arpaio and the department flouted the court's order, and continued to direct their staff to deprive thousands of people of their constitutional rights.  This past July, Sheriff Arpaio was held in criminal contempt of court for repeatedly and blatantly ignoring the court’s injunction against him.  Just three weeks later, however, President Trump pardoned his contempt conviction.

The Members released the following statement:

“The President's pardon of Sheriff Arpaio was not just disgraceful, but also represented what we believe to be an unconstitutional violation of the separation of powers.  As our brief argues, it is essential to the independence of the judiciary that courts be able to enforce compliance with their orders through the contempt power, especially those orders that protect the constitutional rights of private parties.  By pardoning Sheriff Arpaio, the President threatened this fundamental judicial power.  Furthermore, if the President’s pardon is allowed to stand, this case could have severe implications for Congress’s ability to compel compliance with its own investigations and orders.

“President Trump’s pardon was not intended to remedy an unduly harsh criminal punishment, or to correct a mistake in the enforcement of the criminal law—the intended purpose of the power—but to usurp the power of the judiciary to vindicate the authority of the courts and to uphold the rule of law.  Despite common misconceptions, the pardon power is not absolute.  As Laurence Tribe, one of the nation’s leading constitutional scholars, explained, ‘when the Constitution says that the president ‘shall have power,’ that does not mean unlimited power.  It means power that is not inconsistent with other parts of the Constitution.’  In this case, the pardon power was used to upset the careful balance of power among the branches of government, and to undermine the rule of law.

“We agree with Professor Tribe and with numerous other scholars and commentators that the President’s pardon of Sheriff Arpaio was unconstitutional and, therefore, ask the court to deny Sheriff Arpaio’s motion to vacate his conviction.”
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Friday, September 1, 2017

CONYERS & House Judiciary Dems Urge Goodlatte To Take Up Trump's Pardon Of Sheriff Joe Arpaio




Committee Dems Send 5th Request to Chairman for Oversight of Trump Administration

Washington, D.C. – Today, all House Judiciary Committee Democrats, led by Ranking Member John Conyers, Jr. (D-MI) and Immigration Subcommittee Ranking Member Zoe Lofgren (D-CA), wrote to House Judiciary Committee Chairman Bob Goodlatte (D-VA) to ask that he investigate Trump’s pardon of controversial sheriff Joe Arpaio and related events.

The letter is below.

In July, Joe Arpaio was convicted of criminal contempt after years of racially profiling and arresting individuals based on their perceived immigration status. In today’s letter to Goodlatte, the members wrote, “Sheriff Arpaio was convicted for criminal contempt of court because he ignored orders from a federal judge to stop engaging in racial profiling.  The pardon not only disregards the rule of law, it directly flouts the courts themselves by signaling that it is acceptable for parties to ignore court orders.”

The letter notes that for “125 years, presidents have worked through the Pardon Attorney to ensure that the power of clemency is fairly applied.  President Trump chose to work around this mechanism and ignore DOJ policy calling for a waiting period of five years or more before considering a pardon application and the expression of regret or remorse by the applicant.” It further details that “before resorting to a full pardon, President Trump asked Attorney General Jeff Sessions to simply drop the criminal case against Sheriff Arpaio,” pointing out that the House Judiciary Committee  “has long defended the view that presidents should avoid involvement in specific criminal cases in order to avoid even the perception of politicizing the administration of justice.”

The Members continued, “It is also our Committee’s unique and pressing responsibility to conduct oversight of the President’s use of executive power—particularly when that power is expressed as a pardon that only serves to endorse the transgressions committed by the offender.  If we do not examine this use of the pardon power, we fear that the Committee will be seen by our constituents—and by future generations—as also having endorsed the Sheriff’s conduct.” 

Today’s letter was signed by every Democratic member of the U.S. House Judiciary Committee, which includes: Representatives John Conyers, Jr. (D-MI), Jerrold Nadler (D-NY), Zoe Lofgren (D-CA), Sheila Jackson Lee (D-TX), Steve Cohen (D-TN), Hank Johnson (D-GA), Ted Deutch (D-FL), Luis Gutierrez (D-IL), Karen Bass (D-CA), Cedric Richmond (D-LA), Hakeem Jeffries (D-NY), David Cicilline (D-RI), Eric Swalwell (D-CA), Ted Lieu (D-CA), Jamie Raskin (D-MD), Pramila Jayapal (D-WA) and Brad Schneider (D-IL). 
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Wednesday, April 23, 2014

Conyers & Scott: “Obama Administration’s Clemency Initiative a Building Block in Meaningful Criminal Justice Reform”jo


(WASHINGTON) – Today, Department of Justice Deputy Attorney General James M. Cole announced six criteria the Department of Justice will consider when reviewing and expediting clemency applications - for President Obama’s review and approval- from a select group of non-violent individuals behind bars. These petitions will be prioritized for review over other clemency petitions that do not require all six criteria. In addition to announcing the new head of the Office of the Pardon Attorney, Attorney General Eric Holder announced his intention to increase the numbers of attorneys, with backgrounds in both prosecution and defense, to aid the permanent staff of the Pardon Office during this initiative. After the public announcements, U.S. House Judiciary Committee Ranking Member John Conyers, Jr. (D-Mich.) and Ranking Member of the Judiciary Subcommittee on Crime, Terrorism, Homeland Security and Investigations Robert C. “Bobby” Scott (D-Va.) issued the following statement:

U.S. Representative
John Conyers, Jr.
“For far too long, America’s criminal justice system and policies have tipped the scales of justice in favor of slogans and sound bites over common sense. This approach has locked away our youth and torn apart families; a disproportionate number of which are within minority communities. As a matter of civil rights and basic justice, the Obama Administration has decided to stem the tide on decades of this injustice. The Department of Justice’s decision to expand and expedite the clemency process has the potential to assist thousands of non-violent offenders serving lengthy sentences behind bars who would not be serving such lengthy terms under sentencing laws today. This action builds on the progress that the Judiciary Committee began, in the 111th Congress, in passing the Fair Sentencing Act to reduce the arbitrary disparity in drug sentencing.”

“We commend President Obama for taking this historic first step, but in doing so we also call on Congress to lead the way for the United States to see lasting criminal justice reform. While clemency attempts to fix our broken system of mandatory sentencing on the back end - providing relief to a lucky individual plucked from the stack of petitions - it does not repair the unjust system that put thousands of individuals there in the first place. Congress must work to eliminate or greatly reduce mandatory minimum sentencing provisions, and enhance judge’s discretion to avoid disproportionate sentences when mandatory minimums are charged. Again and again studies show that mandatory sentences discriminate against minorities, are ineffective at preventing crime, are inefficient from a cost perspective, and often require judges to impose sentences that violate commonsense. For these reasons, we have a moral obligation to put an end to mandatory sentencing and pass laws with proportional penalties that make sense. Only then will justice truly be restored to an American criminal system gone awry.”

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