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Thread: Chris Christie commutes gun sentence of Brian Aitken

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    Chris Christie commutes gun sentence of Brian Aitken

    posted at 9:05 pm on December 20, 2010 by Allahpundit
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    We haven’t covered Aitken’s case (except for a lone Headline item a few weeks ago), but he’s a cause celebrate among libertarians and Second Amendment fans — for good reason. In a nutshell: He bought three guns, entirely legally, when he was living in Colorado and brought them back to New Jersey with him when he moved home to be closer to his son. To make sure he had his i’s dotted and t’s crossed, he called New Jersey police for guidance on how to transport them. He had the guns in the trunk of his car, unloaded and safely locked in a case, and was allegedly en route to his new home in Hoboken when he got a call from New Jersey police asking him to drive to his mother’s home. She had phoned them because she was worried that Aitken was suicidal; when he arrived, the cops arrested him for possessing handguns without a permit. But wait, you say — isn’t it legal to drive your guns from one residence to another? Yet Judge Morley wouldn’t allow Aitken to claim the exemption for transporting guns between residences.

    He wouldn’t even let the jury know about it. During deliberations, the jurors asked three times about exceptions to the law, which suggests they weren’t comfortable convicting Aitken. Morley refused to answer them all three times. Gilbert and Nappen, Aitken’s lawyers, say he also should have been protected by a federal law that forbids states from prosecuting gun owners who are transporting guns between residences. Morley would not let Aitken cite that provision either…

    In a telephone interview, Morley (who lost his job when Gov. Christie declined to reappoint him in June because of rulings in unrelated cases) says he didn’t allow the jury to consider the moving exception because “it wasn’t relevant.” Echoing the prosecutor’s office, Morley says: “There was no evidence that Mr. Aitken was moving. He was trying to argue that the law should give him this broad window extending over several weeks to justify driving around with guns in his car. There was also some evidence that Mr. Aitken wasn’t moving at all when he was arrested, but had stored the guns in his car because his roommate was throwing a party, and he didn’t want the guns in the apartment while guests were there drinking.”

    http://hotair.com/archives/2010/12/2...-brian-aitken/


    Brian Aitken, who was convicted of illegally possessing two handguns that he had legally purchased in Colorado, will be spending Christmas out of prison.

    Gov. Chris Christie commuted Aitken’s sentence, from seven years to time served, according to an order the governor signed today.

    Aitken had appealed to Christie for commutation after being sentenced in August. According to the commutation order, Aitken will be released as “soon administratively possible.”
    Last edited by zack991; 12-20-2010 at 10:03 PM.
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    Founder's Club Member PrayingForWar's Avatar
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    About time...

    Too bad Gov. Christie is as reliable as Bush in that a full pardon wasn't given to Compean and Ramos either. Seems too me that Aitken deserves it even more.
    If you ladies leave my island, if you survive recruit training. You will become a minister of death, PRAYING FOR WAR...

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    Quote Originally Posted by PrayingForWar View Post
    About time...

    Too bad Gov. Christie is as reliable as Bush in that a full pardon wasn't given to Compean and Ramos either. Seems too me that Aitken deserves it even more.
    As for commutation instead of a pardon, it lets Aitken and those helping him keep their standing in legal attempts to strike the law down. A pardon does not necessarily state that the person is innocent. Actually it usually assumes guilt in most cases. It is however final. A person accepting such a pardon is stating an implicit acknowledgment of guilt. The commutation also does not state innocence but allows for the appeal to prove innocence. In this case the commutation was probably a better choice because it allows the defendant to have the case thrown out and the chance to be proven innocent.
    Last edited by zack991; 12-20-2010 at 10:12 PM.
    -I come in peace, I didn't bring artillery. But I am pleading with you with tears in my eyes: If you screw with me, I'll kill you all.
    -Be polite, be professional, but have a plan to kill everybody you meet.
    Marine General James Mattis,

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    I am glad that his sentence was commuted. I hope his gun rights (such as they are in NJ) are or will be soon restored.

    That being said, from the accounts I have read, he did a bit more than drive from his old home to his new one, with the one side-trip at the request of the police. I believe he was in marked violation of a bad law.

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    I would like for Gov. Christie to BILL THE FORMER JUDGE AND THE PROSECUTOR FOR ALL COSTS ASSOCIATED WITH THIS---- the costs of the jail cell, the prosecution, the food, security, jailers... EVERYTHING! But that is just me as a legal gun owner who thinks this guy should have NEVER BEEN PROSECUTED IN THE FIRST PLACE!

    I don't think I am alone on this!

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    Quote Originally Posted by JoeSparky View Post
    I would like for Gov. Christie to BILL THE FORMER JUDGE AND THE PROSECUTOR FOR ALL COSTS ASSOCIATED WITH THIS---- the costs of the jail cell, the prosecution, the food, security, jailers... EVERYTHING! But that is just me as a legal gun owner who thinks this guy should have NEVER BEEN PROSECUTED IN THE FIRST PLACE!

    I don't think I am alone on this!
    Agreed.
    -I come in peace, I didn't bring artillery. But I am pleading with you with tears in my eyes: If you screw with me, I'll kill you all.
    -Be polite, be professional, but have a plan to kill everybody you meet.
    Marine General James Mattis,

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    Campaign Veteran since9's Avatar
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    +1.

    The only way we're going to hold judges accountable is by the same means we hold people accountable: Fine them or imprison them when they break the law!

    What's good for the goose is good for the gander, and if a judge doesn't like that, they can start laying carpet, and see what it's like to try and afford defending themselves on a laborer's minimum wage.
    The First protects the Second, and the Second protects the First. Together, they protect the rest of our Bill of Rights and our United States Constitution, and help We the People protect ourselves in the spirit of our Declaration of Independence.

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    Quote Originally Posted by since9 View Post
    +1.

    The only way we're going to hold judges accountable is by the same means we hold people accountable: Fine them or imprison them when they break the law!

    What's good for the goose is good for the gander, and if a judge doesn't like that, they can start laying carpet, and see what it's like to try and afford defending themselves on a laborer's minimum wage.
    I agree and went on a campaign here to get that done to the daily felony done by cops here of lying or being misleading on police reports. Can't get any prosecutors to touch them though. Maybe a strong Governor like Chris Christie can.
    I am not anti Cop I am just pro Citizen.

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    Regular Member Dreamer's Avatar
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    Quote Originally Posted by PrayingForWar View Post
    About time...

    Too bad Gov. Christie is as reliable as Bush in that a full pardon wasn't given to Compean and Ramos either. Seems too me that Aitken deserves it even more.

    Yes, but the ADVANTAGE to NOT giving Aitken a full pardon is that he has suffered damages, and therefore has standing to file a Federal Civil Rights Lawsuit against the police who arrested him, and the judge who conspired with the Prosecutor to convict him under color of law.

    If Aitken sues and is victorious in court, it may very well make him a VERY rich man, as well as restore his gun rights, and possibly overturn a LOT of the oppressive laws in NJ...

    Sometimes "legislation by court" is the only way to effect chance--especially in a state as corrupt and anti-freedom as NJ, where you KNOW they aren't going to do it themselves...
    It is our cause to dispel the foggy thinking which avoids hard decisions in the delusion that a world of conflict will somehow mysteriously resolve itself into a world of harmony, if we just don't rock the boat or irritate the forces of aggression—and this is hogwash."
    --Barry Goldwater, 1964

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    I got a letter from Chris Christie today

    I got a letter from Chris Christie today thanking me for contacting him and letting my know the outcome of the Aitken commutation.

    And I live in Virginia!

    Bet I get another letter when he runs for prez.....Run Chris Run....

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