Stop The Jeff Sessions Nomination

[sfalken]

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Edited February 10, 2017 by sfalken

[bobandtorey]

Dear Robert,

 

Thank you for contacting me about the nomination of Senator Jeff Sessions (R-Alabama) to be the next Attorney General of the United States. I am deeply concerned about his nomination.

As you know, the Senate is charged by the Constitution with an "advice and consent" role in the appointment process. I take my constitutional responsibility very seriously, as do my colleagues. Senator Sessions' nomination will come before the Senate Judiciary Committee when Congress returns in the new year, and I fully expect that my colleagues on this committee will vigorously question his background, statements, and qualifications. I will keep your serious concerns in mind as his nomination moves through the confirmation process.

Thank you again for contacting me. Please continue to keep me informed about issues of concern to you and your family.

[william7]

This one don't sound good at all.

 

Sessions Won’t Commit to Not Going After Sick People Using Marijuana Legally Under State Law

http://thejointblog.com/sessions-wont-commit-not-going-sick-people-using-marijuana-legally-state-law/

 

Here's a video of the nomination hearing on this point.

 

https://www.c-span.org/video/?c4643843/sen-leahy-asks-sen-sessions-cbd-enforcement-federal-law-marijuana

Edited January 11, 2017 by william7

[+Malamute]

Doesn't matter what Trump wants really.

 

Sessions will enforce the law. Law and Order. Trump and Sessions have both said it over and over again.  I know what Law and Order means.

 

I am a dog, I can hear the whistles.... ;-)

 

But what does matter is that we know EXACTLY what the republicans will do(and not do), what they will fund, who they will appoint as prosecutors, what Judges they will seat.

 

Trump doesn't matter, Sessions doesn't matter. They will and can only do what the Law and the Republican Congress says, What Anti drug judges want, and what anti drug law enforcement wants.

 

Do people not pay attention?

[william7]

Further;

Sessions; If Congress didn't want marijuana offenders to be prosecuted because of federal law then they should change it. It's illegal because congress made the law.  

 

 

Which infers that a state law doesn't matter and he wants to enforce federal laws when it comes to marijuana. Just like he has always said. 

 

If I were being prosecuted in a federal court for marijuana, I would argue the case should be dismissed because the Attorney General didn't recognize his authority under federal law to remove marijuana from the CSA schedules or transfer it between the schedules in order to achieve a just classification of the substance. Sessions failure to recognize he has more than enforcement powers under the CSA deprives me of due process of law. A federal court pointed this out in US v Pickard on page 12 and 13 of its opinion saying:

 

The CSA provides that the Attorney General may add, remove, or transfer a substance to, from, or between schedules. See id. § 811(a). The law lists

various factors for the Attorney General to consider when making that determination. See id. § 811(b)–©.

 

 

“Despite considerable efforts to reschedule marijuana” through the administrative process, “it remains a Schedule I drug.”

 

 

Defendants are not seeking reclassification of marijuana, nor have they filed an administrative petition with the Attorney General for such reclassification with a decision pending. Rather, defendants argue 21 U.S.C. section 812 violates the equal protection clause of the Fifth Amendment because marijuana’s classification as a Schedule I substance is arbitrary.

 

 

I've attached the US v Pickard opinion. You guys tell me if this isn't what the law says.

schweder-order.pdf

Edited January 12, 2017 by william7

[cristinew]

The CSA provides that the Attorney General may add, remove, or transfer a substance to, from, or between schedules.   Ok lynch now is time?

[bax]

The CSA provides that the Attorney General may add, remove, or transfer a substance to, from, or between schedules.   Ok lynch now is time?

i am not sure if anyone asked lynch about unscheduling yet. they asked holder a bunch while he was AG.

 

eric holder says to reschedule, after he left AG.

 

schedule 2 isnt going to help anyone, ask the cocaine users how they are doing in jail.

 

Loretta Lynch says states should determine their own cannabis laws

http://extract.suntimes.com/news/10/153/4477/u-s-attorney-general-loretta-lynch-washington-ideas-forum-2015-marijuana

 

i dont think she gonna change it.

remember she prosecuted the cannabis churches.

https://cdn.ca9.uscourts.gov/datastore/opinions/2016/04/06/14-15143.pdf

Edited January 12, 2017 by bax

[cristinew]

Also she remained silent on kratom..  She is a big pharma stooge like most

[bobandtorey]

Doesn't matter what Trump wants really.

 

Sessions will enforce the law. Law and Order. Trump and Sessions have both said it over and over again.  I know what Law and Order means.

 

I am a dog, I can hear the whistles.... ;-)

 

But what does matter is that we know EXACTLY what the republicans will do(and not do), what they will fund, who they will appoint as prosecutors, what Judges they will seat.

 

Trump doesn't matter, Sessions doesn't matter. They will and can only do what the Law and the Republican Congress says, What Anti drug judges want, and what anti drug law enforcement wants.

 

Do people not pay attention?

 

 

I do agree for sure it doesn't matter what Trump say's 

[william7]

I don't know where our ACLU is on this, but they should be periodically petitioning the Attorney General for removal or rescheduling of marijuana, and appealing the decision to the federal court of appeals as provided by law.

 

As far as the Sessions confirmation hearing goes, Sen. Leahy failed the people by not reminding Sessions he would have the authority to remove or transfer marijuana between schedules as Attorney General, and asking him if he would do it.

 

https://www.c-span.org/video/?c4643843/sen-leahy-asks-sen-sessions-cbd-enforcement-federal-law-marijuana

[Wild Bill]

I don't know where our ACLU is on this, but they should be periodically petitioning the Attorney General for removal or rescheduling of marijuana, and appealing the decision to the federal court of appeals as provided by law.

 

Add your name to demand that Senator Sessions’ confirmation process include a comprehensive review of his voting record and history of statements.

 

https://action.aclu.org/secure/sessions-long-history

[briefcasejoe]

All of sessions good ole boys down south have a lot to lose from federal legalization. He is going to do everything he can to enforce the laws.

 

  Hemp was the south's number 2  cash crop behind cotton before it was made illegal. Nearly everyone is also on pills down there. Hello big pharma.

 

Get ready for your unconstitutional "compliance" checks...they are already starting it in colorado and washington. I can't wait to have my dog shot.

 

Oh, and trump also appointed noted drug warrior Mike Pompeo as director of the CIA...I'm sure there will be no more heroin and coke/crack...oh i forgot that just magically gets over here in vast quanities.

[william7]

https://action.aclu.org/secure/sessions-long-history

 

Thanks for the link. I signed it.

[william7]

I do agree for sure it doesn't matter what Trump say's 

 

If Trump issued an Executive Order removing marijuana from the CSA schedules it would matter. Whether he would do it is another matter.

 

Here's a petition asking President Obama to prevent CBD from being put in schedule 1 by Executive Order before he leaves office. https://www.change.org/p/stop-cbd-from-becoming-a-schedule-1-drug?recruiter=660956813&utm_source=share_petition&utm_medium=facebook&utm_campaign=autopublish&utm_term=des-lg-no_src-reason_msg&ct=t%28CBD+petition%29&mc_cid=4b9834a007&mc_eid=%5BUNIQID%5D

[william7]

Below is what Sessions said at the confirmation hearing as reported in Leafly's article Sessions Hearings Fail to Answer Questions on Cannabis.
 

 

“One obvious concern is that the United States Congress made the possession of marijuana in every state, and the distribution of it, an illegal act,” he said in response to a question from Sen. Mike Lee (R-Utah). “If that’s something that’s not desired any longer, Congress should pass a law to change the rule.”

 

 

https://www.leafly.com/news/politics/sessions-hearings-fail-answer-questions-cannabis

 

This just goes to my point stated previously that he is refusing to recognize his authority to remove marijuana from the CSA schedules or transfer between schedules. The way I see it, his statement denies me due process of law. The legal process set forth in the CSA says he's not forced to enforce the marijuana law. There's options he's not recognizing.