Barton Buhtz Sentencing

[Demosthenes]

Sentencing is scheduled for 2/11/08.

The Pre Sentencing Report recommends 78 months in prison.
The government is asking for 97 months.
Buhtz' attorney is asking for probation.

Buhtz' rationale:

To focus on deterrence, the government may be inclined request a harsh sentence for Mr. Buhtz with the intent of sending a message to other people regarding this kind of conduct. The government’s ambition is misguided. Many of the persons who have followed this case through the independent press are sympathetic to Mr. Buhtz and highly suspicious of the government.

Rather than viewing this case as an ordinary example of crime and punishment, such persons are likely to see this case a story of government persecution. A harsh sentence for Mr. Buhtz will turn him into a public martyr. Moreover, many people will conclude that he must have been onto something big or else the government would not have locked him away.

Rather than having a deterrent effect, sentencing Mr. Buhtz to prison will probably inspire others to pursue and present bills of exchange. Detracting further from the deterrent effect is that
unlike Rebecca Shollenburg, Steven Kelton and Richard Acuilla, for whom the government did not request a prison sentence, Mr. Buhtz was never either charged with or convicted of actually presenting a bill of exchange. To the extent that the government will launch a message by sending only Mr. Buhtz to prison, that message will say, “we don’t mind very much if you attempt to pass a bill of exchange, just don’t talk about them with other people.”

Even observers who would never be inclined to believe in the Redemption theory will receive the message that nowadays speech is far more punishable than action.

[Famspear]

Good grief.

I am not really familiar with this case, but I would think this argument would fly with the typical judge about as well as a lead balloon. A counter-productive argument if you're trying to stay out of jail.

[BBFlatt]

Rather than viewing this case as an ordinary example of crime and punishment, such persons are likely to see this case a story of government persecution. A harsh sentence for Mr. Buhtz will turn him into a public martyr. Moreover, many people will conclude that he must have been onto something big or else the government would not have locked him away.

WTF, I can't decide if that's a thinly veiled threat, or just chutzpah.

[jg]

Let me see if I got the drift.

The defense argues that we should not punish those that promote and sell frivolous arguments to the detriment of those that purchase and use the scheme because that would show that the arguments had some merit.

Alternatively we should not punish those whose speech incites others to violate the law as that would encourage more violations. But, we should punish those that were taken in by the promoter without mercy in order to avoid more from following the imprisoned promoter.

[Judge Roy Bean]

I doubt it will be persuasive.

The fact that some number of like-minded fools come to additional ill-advised conclusions about the motives of the government and the courts should have little if any bearing, if for no other reason than a light sentence might result in still more ill-advised conclusions.

[notorial dissent]

I personally think seeing their great guru in the slammer for the next 8-10 years might just be a wake up call to some of the less brain dead followers, at least some of them will figure out that it doesn’t work and you go to jail, they’ll move on to some other nutball, but at least they’ll move on.

And on the flip side, I think jail is exactly where old Bart needs to be, he has a long history of this sort of thing, and while I don't for a minute think he'll get a clue either, at least he will be out of circulation for a while.