A
federal judge released an order late Thursday ordering fallen
power-broker Harvey Whittemore to turn himself into federal prison by
noon on Aug. 6 to start serving his two-year sentence for making illegal
campaign contributions to U.S. Senate Majority Leader Harry Reid.
U.S.
District Judge Larry Hicks had allowed Whittemore to remain free while
his appeal is decided, but after the U.S. Supreme Court issued a narrow
ruling in a high-profile campaign finance case — a case Whittemore hoped
would help him, his appeal lost its strength, the U.S. Attorney's
Office said when it asked Hicks to reconsider the earlier order.
On Thursday, Hicks granted the prosecutor's request.
"In
reviewing the remaining issues pending in Whittemore's appeal, the
court finds that his appeal now fails to raise a substantial question
likely to result in a reversal or a new trial," Hicks said.
Whittemore lawyer Justin Bustos said in an email: "we have no comment."
Nevada
U.S. Attorney Dan Bogden said in an email: "The government did not
believe under the Bail Reform Act or case law that Harvey Whittemore
should be released pending appeal. We are very pleased with what we
consider the fair and just decision of the court in this case."
At
issue was the case McCutcheon v. Federal Election Commission, which
said that setting limits on campaign contributions violated the First
Amendment. Whittemore's lawyers had argued that a positive ruling could
positively impact his appeal.
The U.S. Supreme Court ruled on
April 2 that setting limits on "aggregate" contribution limits was
unconstitutional, but they did not expand that to all types of
contributions.
The following day, Bogden's office asked Hicks to
reverse is order letting Whittemore stay free. They argued that "the
underlying basis for the court's order granting his release no longer
exists," according to Hicks' order.
Whittemore's lawyers responded
by saying that regardless of the Supreme Court's order, Whittemore's
appeal raises enough issues to put his conviction into question.
But Hicks disagreed.
"Whittemore's
appeal raises several arguments that have already been discounted by
the court both at trial and in several post-trial motions," Hicks said.
"Further, in addressing Whittemore's motion for release, the court
specifically found that it had already considered and rejected the
prospective appellate issues Whittemore raised.
"There are no new
issues raised in his appeal that could constitute a substantial question
likely to result in either a reversal or an order for new trial.
"Therefore, the court finds that Whittemore is no longer entitled to release pending appeal."
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