Prosecutors: Liu Will Overturn Death Sentences Just Because

[Cynthia Foster]

Nearly 75% of California's district attorneys oppose the nomination of Berkeley Law Professor Goodwin Liu to the Ninth Circuit. According to SFGate, the main issue is Liu's stance on the death penalty.

In a letter to leaders of the Senate Judiciary Committee, the prosecutors attacked a paper Liu coauthored in 2005 that criticized death penalty decisions by Samuel Alito, then President George W. Bush's nominee for the Supreme Court. 

Among the unenthusiastic are DA Ed Berberian of Marin County and David Paulson of Solano County.

And for more on the letter...

[Cheryl Miller]

The Liu opposition letter was the product of work between various district attorneys and the pro-death penalty Criminal Justice Legal Foundation.

CJLF Legal Director Kent Scheidegger said he wrote a letter to district attorneys asking them to go on record against Liu’s nomination and they responded by writing their own letter (.pdf) of opposition.

Kern County District Attorney Ed Jagels played a leading role in gathering the signatures of 41 other DAs, a spokeswoman for his office said.

Scheidegger said Liu is reminiscent of judicial candidates submitted during the Carter administration.

“We’ve been seeing gradual progress in the Ninth Circuit,” he said. “Then this nomination came along and it’s like we’re right back in those days again.”

The California District Attorneys Association did not take a position on the letter, nor was it involved in drafting it or circulating it for signatures, said CDAA president Gary Lieberstein.

Comments

[THE KAT]

LETS GET SOMETHING STRAIGHT I LOVE THE DEATH PENALTY ESPECIALLY FOR DAs THAT OFFER FALSE EVIDENCE TO CONVICT AND SEND SOMEONE TO PRISON FOR LIFE OR DEATH. SO WHAT DID LIU DO OPPOSE THE RATIONAL OR THE DECISION OF A PRO DEATH SUPREME COURT JUDGE? SO WE HAVE DEATH QUALIFIED JURIES NOW THE DAs WANT DEATH UALIFIED JUDGES? MAYBE THE PRESIDENT SHOULD HAVE NOMINATED (THE TORTURE MEMO GUY) FROM BOALT HALL.

[Steve White]

According to news reports I've seen Liu never said he opposed the death penalty, the only thing he did was expose Samuel Alito for decisions which were overruled by higher courts, and in fact, which his own colleagues disagreed with. This action seems more like payback than any honest diagreement about policy. Payback for opposing Alito, whose decisions seemed to indicate a "DA is always right" stance. These DAs have simply become too powerful and full of themselves. Now, they are trying, and trying very hard, with specious arguments, to remove the only checks on their behavior. (the AG's office in theory supervises DAs, but we all know this is a joke). If they get to veto any judge who will actually prevent abuses, combined with California law which forbids any civil action against any prosecutor for any reason, there will be no limits whatever on the abuses they can commit.

[Blue Stater]

I voted for Obama and I have no problem with most of his appointees. I have a HUGE problem with this nominee. He is not liberal, he is radical. It is clear he has extreme views on criminal cases and would side with murderers in most death penalty appeals and with accused criminals in most criminal procedure matters. I am not a fan of Alito and this has nothing to do with Liu's demagogic testimony against Alito. I am concerned that Liu will become the next Stephen Reinhardt, who has overturned more criminal convictions than any other judge in the country. In short, this person is divisive and polarizing in a way no other Obama nominee has been, and with good reason. Those who depict all Liu detractors as simply conservatives reacting in kneejerk fashion against all Obama appointees, or Alito defenders, should think again. I don't have a problem with Obama's appointees or liberals. I have a problem with this nominee, and it makes me think less of Obama and everyone who professes to support Liu. This nomination must be withdrawn.

[osman]

Those who depict all Liu detractors as simply conservatives reacting in kneejerk fashion against all Obama appointees, or Alito defenders, should think again. I don't have a problem with Obama's appointees or liberals. I have a problem with this nominee, and it makes me think less of Obama and everyone who professes to support Liu.