Federal Sentencing Guidelines

Kevin Ring in happier times.

Full disclosure: Former Jack Abramoff associate Kevin Ring, whose criminal conviction was recently upheld by the D.C. Circuit, is a friend of mine.  We grew up in the same town and have known one another for decades. In no way is what follows unbiased or objective in any sense.  That said, I know that I’m right and the case against Kevin Ring was simply, unambiguously wrong.  Not to say that there was no ambiguity as to whether he broke a law — there was a tiny bit of that. But under no sane system of justice would Kevin be going to federal prison. Though he almost certainly is, pending a request for en banc rehearing from the D.C. Circuit followed by a Hail Mary filing for a writ of certiorari.

We can all stipulate that Jack Abramoff is one of the sleaziest and most repellent characters to besmirch the legal profession in decades.  (My favorite Abramoff moment: the time he tried convince his rabbi to bestow upon him  a fake, back-datedScholar of Talmudic Studies” award, so he could get in the Cosmos Club.)

Anyway, Abramoff was Kevin’s boss for three and a half years, during the final period of which they were both partners at Greenberg Traurig.  In the words of the judge at his sentencing hearing, Kevin was a “cog” in the Abramoff operation, a “second-tier level” administrator of the firm’s lobbying team.  I won’t try to spin Kevin’s time as a lobbyist as some honorable endeavor.  I couldn’t. Generally speaking, lobbyists are regarded by most of us as only slightly less distasteful than the politicians whose favor they are trying to curry.  But that does not make them criminals….

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Imagine you’re in a negotiation to buy a used car. You use the Blue Book — the Kelley Blue Book, not the legal Bluebook — to set the starting point on the price. You do your research at home based on the blue book that’s online, which says the starting point for the car you want is $10,000.

Then, when you get to the used car dealer, you find out that they have a new blue book, one that just came out that day. It says that the starting point for the car you want is really $12,000.

You’d probably be annoyed, maybe angry. The whole starting point for your conversation about the price of the car changed.

Yet, the dealer could tell you, and you could still agree with him to pay any amount you’d like for the car. The starting point doesn’t necessarily set the ending point.

This was, basically, the situation the Supreme Court was called in to referee in this morning’s oral argument in Peugh v. United States….

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