Crime

‘Real News From The Blaze’ on the Federalization of Crime

On February 4, 2003, 54-year-old naturalized United States citizen of Iranian descent Hessam Ghane was admitted to an Overland Park Hospital emergency room, stating that he was suicidal because he was depressed and out of work. The chemist by trade told a physician’s assistant that he intended to kill himself using the cyanide that sat in a bottle, half-filled under his kitchen sink. The assistant told authorities, who went to the home of Ghane–who a future appeals court would say has a “history of significant mental illness”–and discovered the chemical.

If the suicidal man had said he thought he may hang himself, jump off a bridge or slit his wrists, he would have likely received nothing more than direction to counseling or services by the state. Because he said he was considering cyanide, Ghane received an eight-year federal prison sentence.

The case was at the center of a Wall Street Journal report released this week taking a look at how a “rarely used federal law passed in 1998” as part of a chemical-weapons treaty has delivered hefty sentences in at least two instances that have led to a discussion on states’ rights vs. federal overreach.

Under the law that applies to Ghane , it can be a crime to possess a vast range of toxic chemicals, including common household cleaners, that can harm people or animals. WSJ notes that the law exempts “peaceful” uses, such as cleaning a kitchen with ammonia, but pouring it into a goldfish tank could result in a prison term.

A lawsuit challenging the law points out that it gives federal authorities “almost limitless discretion to hand pick” activities to prosecute. WSJ reports:

In March, a federal appeals court in St. Louis upheld Dr. Ghane’s conviction, though it said applying the chemical-weapons law to a contemplated suicide might be considered a “close call.”

The law is now a front in a war over the reach of federal criminal law. Critics from across the political spectrum argue that Congress has passed so many criminal statutes that it has become too easy for the average citizen to unknowingly run afoul of them.

“Real News” opened Thursday addressing the case and, more broadly, whether or not the federal government is once again arbitrarily usurping state’s rights. States have the ability and legal authority to prosecute these crimes, but “federal” seems to have trumped them once again.

Armed with a Venn diagram, panelist Will Cain points out that this case goes back to ongoing discussions on the show in regards to the use of the Commerce Clause as a source of power for every federal policy overreach imaginable. The law may provide some good by punishing terrorists who would use chemical weapons to hurt large groups, or individuals as mentioned in another WSJ example, who assault others with chemicals for having an affair with their spouse. But can the law’s overreach, as in the Ghane case, be ignored?


Comments (12)

  • blackyb
    Posted on April 24, 2012 at 4:49pm

    It is time for Congress to learn their jobs, the real Constitution and act. If they are not, then they should go under recall.

    Report Post » blackyb  
  • Lloyd Drako
    Posted on April 22, 2012 at 6:28pm

    To the Federalization of crime, we should add the militarization of law enforcement as a growing threat to liberty.

    Report Post » Lloyd Drako  
    • blackyb
      Posted on April 24, 2012 at 4:55pm

      Obama is bringing UN military on the shores of this country to inspect our “American Indian” situation. This is an embarrassment to our nation. He is a piece of crap. I despise what he is trying to do to our country. How dare this non-citizen even sit in the seat of our WH and allow foreigners come into our country and assess something that years of drinking, dope and mostly their own doing brought upon themselves. He is nothing. He is a user of those who are wallowing in self pity and want people to take from their own families and put into his coffers. They better get him out this time and arrest his azz.

      Report Post » blackyb  
  • searching for the Truth
    Posted on April 21, 2012 at 2:12pm

    Dang problem with new laws is that they start having puppies with broad reaching powers that mess up every one’s lawn.

    Report Post »  
  • RightPolitically
    Posted on April 19, 2012 at 10:40pm

    The country is being turned upside down by the Federal Government. Their power grab is outrageous.

    Report Post » RightPolitically  
  • soybomb315
    Posted on April 19, 2012 at 9:35pm

    federal govt has always slowly taken power away from the states but three events have accelerated this process…
    1. civil war aftermath
    2. war on drugs
    3. patriot act / war on terror

    notice they are all related to war and treating US citizens as criminals

    Report Post » soybomb315  
  • blackyb
    Posted on April 19, 2012 at 9:21pm

    Laws may not be used to make judgements outside their intent and purpose. It is written in the first part of the Constitution. It is in there. People have become quite dummed down. There was no law covering the manner in which that man wanted to commit suicide, so they must have just played it by ear. Then again he may have been suspected of something far greater than suicide. That is strange all the way around. If what I read is correct and that is all there is to it. He should have been treated by a mental health facility and if not a citizen, deported. This man has not been given good council.

    Report Post » blackyb  
  • blackyb
    Posted on April 19, 2012 at 9:16pm

    Then there is (again) the Spirit and Intent of the law. It seems something is missing in the brains of those who are making these hollow judgements.

    Report Post » blackyb  
  • Mark0331
    Posted on April 19, 2012 at 8:50pm

    I wonder how much more depressed Ghane was after he got hit with an 8 year prison sentence?…sad…

    Report Post » Mark0331  
  • Dougral Supports Israel
    Posted on April 19, 2012 at 8:49pm

    I would not have voted to convict him if I had been on his jury, in spite of how the law reads. The federal government has no business prosecuting a suicidal person under a chemical warfare law. If the government is not going to exercise restraint then the citizenry is going to have to do it for them. Jury nullification is one way to fight that battle.

    Report Post »  
  • ThePostman
    Posted on April 19, 2012 at 8:47pm

    I wonder if the federal authorities would be interested in how my ex wife poisoned the pet dog I gave my daughter for her birthday, or how she killed the kitten I gave her, or how she was poisoning me before I moved out? Nah, they probably don’t care about that, because it does not extend their authority.

    Report Post »  
  • Snowleopard {gallery of cat folks}
    Posted on April 19, 2012 at 8:47pm

    The federal laws are being more and more used for the intimidation, control and power it gives over the citizens of the land by an out of control government.

    Report Post » Snowleopard {gallery of cat folks}  

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