NATON/WONLO Ruling on guns is victory for convicted drug criminalsI The Michigan Daily - Thursday,.December 7, 1995 - 9A Los Angeles Times WASHINGTON -In a rare victory for convicted drug criminals, the Su- preme Court yesterday narrowed a key federal law that adds an extra five-year prison term for a drug dealer who "uses or carries" a gun. Until yesterday, prosecutors and most federal courts have imposed that extra punishment if a weapon is found in the drug dealer's car, in a locked trunk or even a closet in his home. If the weapon was "accessible" to a drug trafficker, it was used in the com- mission of his crimes because it pro- vided protection, prosecutors said. But in a unanimous ruling, the Su- preme Court threw out that definition as too broad. From now on, a criminal must hold, brandish or fire the weapon to get the extra punishment, the justices said. The "mere possession" of a gun is not enough, they added. A U.S. Justice Department spokes- man could not offer a precise figure on how many would be affected by the ruling, but it was certainly "in the hun- dreds," he said. Inmates who are serv- ing time also could seek to shorten their term based on the decision. Though the outcome may seem sur- prising for a generally conservative high court, the outcome probably has less to do with ideology than seman- tics. Justice Antonin Scalia, a conserva- tive who is the Supreme Court's lead- ing literalist, has insisted that the jus- tices follow the strict meaning of words written into law. Two years ago, during an argument in a related case, he commented that no one would say, "I use a cane" to mean he has a cane hanging on a hook in his closet. If Congress wanted to punish gun possession by drug criminals, it would have written the word "possess" rather than "use," the court said. The dictionary "definitions of 'use' imply action and implementation," said Justice Sandra Day O'Connor, speak- ing for the court. Therefore, "'use' must connote more than mere possession of a firearm by a person who commits a drug offense ... the government must show that the de- fendant actively employed the firearm during and in relation to the (actual) crime," she said. This "certainly includes brandishing, displaying, bartering, striking with, and most obviously, firing or attempting to fire, a firearm," she added. The federal gun law was originally passed in the summer of 1968, shortly after the assassinations of Sen. Robert F. Kennedy and Martin Luther King Jr. It added a five-year federal penalty for anyone who used a gun to commit a violent crime. Congress broadened the law in 1984 and 1988 to apply the extra penalty "in relation to any drug trafficking crime." GOP views mixed on SGingich WASHINGTON (AP) - Despite a fresh spate of allegations, Republicans say House Speaker Newt Gingrich's ethics problems haven't surfaced at the town meetings, ribbon-cuttings and other public appearances at home that are the mainstays of a lawmaker's life. "It's not resonating back home," said Rep. Fred Upton, a moderate GOP law- makerfrom Michigan. Added Rep. John Linder, a Georgian and close associate of the speaker, "It's a media ginned-up thing." At the same time, the GOP rank and file are increasingly willing to talk ® openly about Gingrich's political diffi- culties. "He's not very popular in Mas- sachusetts,"said Rep. Peter Torkildsen, a moderate who won a second term last year with 51 percent of the vote. Rep. Linda Smith, one of six first- termers from Washington state, heard some grumbling, too. "I'm not getting questions about GOPAC," she said, re- ferring to the political organization at the center of the speaker's ethics con- troversy. "I might be getting, 'Can't you get him to be quiet?"' In fact, Gingrich has told his caucus he'd take on a less visible role, a tactical retreat following politically catastrophic comments made before Thanksgiving. He said then that he had been snubbed by President Clinton aboard Air Force One, and that was one reason he stiff- ened his terms during the six-day par- tial government shutdown. There's vir- I tual unanimity among Republicans that the resulting furor weakened the party's hand in the days that followed. In the days since, Gingrich has gen- erally stuck to his new script. He's imposed a virtual blackout on himself on Bosnia, for example, while many in his caucus strongly oppose Clinton's policy of deploying troops as part of a peacekeeping mission. At the same time, some Republicans are seeking a little political distance from the leader of the revolution, and Democrats are hoping to exploit their nervousness. "I think the speaker's in real trouble AP PHOTO Rep. Eva Clayton (D-Ga.) leaves the U.S. Supreme Court yesterday after the high court debated the validity of Texas and North Carolina congressional districts that gave minority voters greater political clout. GOP ates lobbying groups as 'Friendly,' or'Unfriendly' WASHIINGTON (AP) - Since tak- ing control, Ilouse Republicans have been circulating reports that rate politi- cal action committees as friendly or unfriendly based on how much they donate to Republicans-and how much to their enemies. The reports are widely distributed to committee chairmen, rank-and-file members and to the PACs themselves, leaving little doubt what lobbyists need to do to curry favor with the new major- ity. "It's nothing more than a thinly veiled attempt at intimidation," said Michael Ferrell, a lobbyist for the Mortgage Bankers Association. The association's PAC began the year rated "unfriendly," but has improved with recent donations to Republicans. "They have one message, and one intent: to force PACs to give to Repub- lican candidates and incumbents regard- less of whether they were good members (of Congress) or not," Ferrell said. The "Tactical PAC Project" and simi- lar reports, produced by the National Republican Congressional Committee and obtained by The Associated Press, IS nothing more than a thint-V veiled attemptat intimidation. " - Michael Ferrtll Mortgage Bankers Association lobbyist rate PACs based on what percentage of their donations go to Republicans vs. Democrats. PACs, the donating arms of special interest groups, can give a maxi- mum of S10,000 per election cycle to any candidate. The largest of the reports, about an inch thick, used a three-letter system to rate all the PACs --"F" for "friendly" groups that leaned Republican, "U" for. "unfriendly" PACs that gave more to Democrats and "N" for "neutral" orga- nizations. The PACs were organized by industry. Later reports focused on just the 400 largest PACs, giving the exact dollar amounts each gave to Republicans and Democrats so far this year. NRCC spokesman.Craig Veith said the reports were "a research tool for our members" for use in raising money. "Those who gave more to Democrats last time, it's fertile ground for Repub- licans." Ferrell insisted his group, the mort- gage bankers, had not bowed to the pressure and made its donatigns on a "case-by-case basis." This year, the bankers have donated 60 percent of their money so far to the GOP, com- pared with 35 percent last year. "It gives the impression we reacted to the pressure. That's not the case," Ferrcl I said. The American Chiropractic Associa- tion wasted no time earlier this year when it found itself with a big, fat "U" after donating $451,000 to Democrats in 1994-- about four times what it gave Republicans. Richard Miller, a lobbyist for the group, said no Republican openly crint- cized the chiropractors' past support of Democrats. AP PHOTO House Speaker Newt Gingrich (R-GA) has come under fire from Democrats for alleged ethical violations. I think the speaker's in real trouble inside the Congress and outside the Congress." Michigan Rep. David Bonior (D-Mount Clemens) AI l 1 inside the Congress and outside the Congress," said Rep. David Bonior of Michigan, the H ouse Democratic whip and Gingrich's tormentor-in-chiefwhen it comes to the ethics controversy sur- rounding his book deal, college course and leadership of GOPAC. Driving wedges to splinter the opposition's rank is a key component of politics, Bonior said, and it's clear Democrats are hoping that GOPAC documents released recently by the Fed- eral Election Commission will break up Republican unity. The material shows Gingrich writing the Environmental Protection Agency on behalf of a GOPAC donor. It also shows links between GOPAC, the po- litical organization Gingrich once headed, and the five Republican mem- bers of the ethics committee who are sitting in judgment on him. Other accusations against Gingrich include that he misused U.S. tax law in raising tax-deductible contributions for a college course he taught and that GOPAC illegally tried to influence fed- eral elections - especially Gingrich's own - before it registered as a federal political action committee in 1991. Thus far, Republicans have blocked all Democratic attempts to appoint an outside, independent counsel to inves- tigate the speaker. e~neun Quad Ocwpancy Quad Ocupancy ReRPULCo $599 7 nights, Hyatt Regency (oncun Round trip transfers/baggage Local escort for assistance 7 nights, Hyatt Regen Acapulco Round trip transters/baggage Local escort for assistance Carnival's NEW MEGA SHIP IMAGINATION Cancun, Cozumel, Grand Cayman, Jamaica etuwsi... 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