Insubordinating writers who are found guilty by the judicial system are routinely prosecuted and jailed, but they rarely get the same punishment as an official who actually commits a crime.
That’s because judges are beholden to the president, and in the absence of a federal law making it illegal for a judge to write a false report about a federal judge, no one can charge a judge with writing a false memo.
But the Supreme Court ruled in 2017 that the Constitution protects the independence of judges, meaning that even if a judge writes a false claim, it can’t be used to impeach the judge.
But even that limited constitutional protection is not absolute, and there are many judges who may be in a position to prosecute a judge who wrote a false opinion about a judge.
The latest example of this was a judge from Texas who was sentenced to seven years in prison after writing a report that was so false that it led to the death of his wife and son.
In the end, the judge, a man named Daniel Pascual, was exonerated after a jury convicted him of murder and sentenced him to prison for the rest of his life.
In an interview with the Austin American-Statesman, Pascua said he had been in a “high state of paranoia” when he wrote the memo.
“I was worried that the system would take it to the grave,” Pascu said.
Pascua’s attorney, Eric B. Nisbet, said that when the judge was convicted of murder, he was only sentenced to a sentence of six months to 10 years. “
The thing that surprised me the most was the lack of sympathy that was shown by my former colleagues.”
Pascua’s attorney, Eric B. Nisbet, said that when the judge was convicted of murder, he was only sentenced to a sentence of six months to 10 years.
“He’s now on probation, he’s in a halfway house, he is serving a three-year term in prison, and it’s been almost five years since the case was filed,” Nisbert said.
“What was interesting was the fact that in the report, the only time he’s ever mentioned the case is when he’s mentioned in the last sentence of the report,” he said.
Nisbet also noted that, after Pascueres murder conviction, his wife, who was then 16 years old, was not allowed to have contact with her father and her mother until he was released from prison.
“That is one of the saddest parts of this case,” he added.
“What’s happening here is an innocent young man who has never been convicted of anything, who is now in prison for having written a false, sensationalized report that led to death of one of his family members.”
Nisbeats defense attorney, Joseph M. Mazzolari, said Pascuan’s conviction was not “particularly uncommon” in the state of Texas.
“In the state, if you’ve got an allegation of a death penalty case that was brought against a police officer or a judge, it’s usually the other way around,” Mazzoli said.
The prosecution was not interested in bringing charges against a judge for a false crime report, he added, noting that prosecutors had tried many other people for similar offenses in the past.
But while judges may be free to write false reports, it is not free for journalists to do so either.
“There is no exception for a journalist,” Moustach said.
In addition to reporting a false story, he explained, reporters may have to testify against other journalists in order to win a libel suit against a journalist.
And because there is no legal obligation to report a false event, journalists are often reluctant to do this.
“It’s an ethical question,” he continued.
“But it’s an equally ethical question whether or not you’re reporting a true event, and if so, how much credibility should the reporter have in the process?”
When asked whether he would recommend that journalists be prosecuted for writing false reports about judges, Pescual replied: “I’d say that it’s all the same, whether it’s a judge or a journalist.”