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TUESDAY, MAY 27, 2003

A federal judge whom President Bush has nominated to the 5th Circuit Court of Appeals pressured government attorneys to reduce a sentence for a man convicted of cross-burning, The Washington Post reports.

U.S. District Judge Charles W. Pickering Sr., of Mississippi, complained that the seven-year sentence the Department of Justice was seeking was too harsh, according to memorandum and other documents obtained by The Post. In a sealed order, he demanded that then-US attorney general Janet Reno review the case. He may have violated ethical rules by engaging in ex parte, or one-sided, contacts with the government.

Eventually, DOJ dropped one felon charge against Daniel Swan, who burned a cross on an interracial couple's lawn and received 27 months instead of seven years. Pickering characterized the crime as the "youthful" prank of a drunk man.

Pickering is a close friend of Sen. Trent Lott (R-Miss.), who stepped down as Senate majority leader last December after suggesting the nation would have been better off with segregation.

The 5th Circuit hears cases affecting tribes in Texas, Mississippi and Louisiana. The court has kept casinos owned by two tribes in Texas closed and has often ruled against tribal interests.

Get the Story:
Judge's Fate Could Turn On 1994 Case (The Washington Post 5/27)

Relevant Links:
Federal Judicial Nominees, DOJ - http://www.usdoj.gov/olp/nominations.htm

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Senate GOP to reconsider rejected judge (05/16)
Democrats to fight Pickering nomination (01/08)
Lott friend renominated for court post (01/08)
Senate panel rejects Bush judge (09/06)