Africk: "Do you not think that Orleans Parish Prison has to comply with the U.S. Constitution?" #OPPConsentDecree
— The_GambitLIVE (@The_GambitLIVE) April 3, 2013
Rosenberg: "I'm not arguing that the U.S. Constitution should be jettisoned, but that state law should be respected." #OPPConsentDecree
— The_GambitLIVE (@The_GambitLIVE) April 3, 2013
That's U.S. Attorney Harry Rosenberg representing the city in the OPSO Consent Decree fairness hearing today. It was the tail end of an exchange between Rosenberg and Judge Africk over inadequate access to mental health services for prisoners. Gambit hasn't filed a report yet* so I'm just going on tweets, but it appears as though Rosenberg's objective is to demonstrate just how hard up the city is to fund a "constitutionally sound" Parish Prison without outside aid. And thus the above bit of clownery.
This would be in line with the city's argument here.
NEW ORLEANS - As the Orleans Parish Sheriff's Office consent decree hearings continued Wednesday, New Orleans' chief administrative officer stressed that a multi-million financial hit to the city would cripple services.
Andy Kopplin said that money could not be taken from other areas of the city budget without devastating consequences.
Kopplin suggested Sheriff Marlin Gusman should better manage the city-funded jail and possibly seek taxpayer money.
Admittedly, Gusman probably hasn't been a paragon of fiscal responsibility. For example that plan to replace the controversial ankle monitoring contract with Google Glasses was a bit indulgent, not to mention self-defeating.
*Update: Here's the Gambit write-up on this morning's action. The exchange related via the above tweets is described below.
Former U.S. Attorney Harry Rosenberg, who is on the city's legal team, cited a state law mandating that prisoners' not receive better treatment than the working poor during his cross-examination of Dr. Bruce Gage. Gage, a psychiatrist and expert witness for the plaintiffs, asserted in his testimony yesterday that mental health care at Sheriff Marlin Gusman's jail is dangerously inadequate.
"Are you aware that the working poor in New Orleans cannot get access to mental health care within 24 hours?" Rosenberg asked.
Africk asked why Rosenberg was comparing prisoner care to resources available to the general population, and Rosenberg quoted a state law mandating that "no inmate shall have a standard of living better than the state poverty level." (Note: Plaintiffs note that even that law requires that conditions conform to the U.S. Constitution.)
"So your argument is that since the general public can't get mental health treatment, the prisoners shouldn't get it," Africk said. "I think that's just wrong."
Africk quoted from the U.S. Supreme Court's 2011 decision in Brown v. Plata: "To incarcerate, society takes from prisoners the means to provide for their own needs. Prisoners are dependent on the State for food, clothing, and necessary medical care. A prison's failure to provide sustenance for inmates 'may actually produce physical "torture or a lingering death."
"Do you not think that Orleans Parish Prison has to comply with the U.S. Constitution?" Africk asked Rosenberg. Rosenberg said that he does not believe the constitution should be "jettisoned," but rather weighed against state law, which, he said should also be respected.
2 comments:
A news story from my U.S. Attorney research files:
INTERIM U.S. ATTORNEY BLASTED BY BLACK GROUP
Times-Picayune, The (New Orleans, LA) - Friday, January 11, 1991
Author: STEVE CANNIZARO and SUSAN FINCH Staff writer
Interim U.S. Attorney Harry Rosenberg has refused to provide information about his affiliations to a black lawyers' group that is investigating his fitness for office, the group claims.
In a Wednesday letter to Rosenberg that was also released to the press, Louis A. Martinet Legal Society President Angelique Reed said Rosenberg recently refused a verbal request from another Martinet official to list his civic, political, religious and professional affiliations, including memberships in all organizations and country clubs.
The letter, which the group says is a formal request to Rosenberg for the information, said that Martinet Treasurer Keith Lewis called Rosenberg for the information Jan. 2. But the letter said Rosenbergrefused to cooperate and instead referred Lewis to five black lawyers he thought could attest to his impartiality. The letter does not name the five people to whom Rosenberg referred the group.
"Your refusal to cooperate is being viewed as an insult by a substantial number of our membership," the letter said.
Rosenberg said Thursday he had not received the letter.
Read its contents, he said, "Mr. Lewis did call me, and I think the statements in that letter are not accurate."
He declined to point out inaccuracies or say whether he refused Lewis' request for information.
"I don't want to have a dialogue between the Louis Martinet Society and me through a newspaper article; I don't think that is an appropriate way to communicate," Rosenberg said.
Asked if he would answer the letter, he said, "When I get the letter I'll decide whether to send a response."
Martinet officials said last month they would oppose Rosenberg 's nomination as U.S. attorney unless he can allay their fears about his record in civil rights cases. The group said it would conduct a full-scale inquiry of Rosenberg 's record in legal cases and his personal associations, including club memberships.
Rosenberg was named interim U.S. attorney last month by Attorney General Richard Thornburgh to succeed U.S. Attorney John Volz. Rosenberg took office Jan. 2.
He is expected to be nominated by the White House for a four-year term, subject to Senate confirmation.
The Martinet Society's letter to Rosenberg said the group is "puzzled - even amazed" that he would object to supplying information about his affiliations, because that sort of information will figure in the Senate and FBI inquiries about his nomination.
Martinet member Chales Cotton said last month the group's concerns center on three civil rights cases in which Rosenberg has represented "anti-black" positions.
Rosenberg has represented the all- white Southern Yacht Club in its pending Civil Court battle to stop the city of New Orleans from voiding a long-standing lease of city land. The city claims the $50-per-year rental agreement puts the city in the position of subsidizing a segregated private club.
In 1988, Rosenberg filed suit on behalf of a construction trade organization opposed to an Orleans Parish School Board minority set-aside program, and last month, he argued in a federal appeals court for reversal of a lower court ruling that could lead to a majority black district for Jefferson Parish councilmanic elections.
Rosenberg said last month that he has made partisan statements as an attorney representing clients in lawsuits.
But he said that as U.S. attorney, he would "advocate the views of the administration and those alone."
Section: METRO
That's interesting. He's either an Illuminati or one of John Georges' brothers in goat worship. Either way it can't be good. Also earlier today on a parallel internet, a friend remarked,
"If I'm a Federal judge, though, and Harry Rosenberg is arguing his client is poor... Welp... that's going to be a tough sell"
I LOLed.
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