The Volokh Conspiracy

Is It Ethical for the Sentencing Judge to Perform a Marriage Service for the Defendant?

Over at Doug Berman's sentencing blog, there is this interesting discussion about whether asking the sentencing judge to perform a wedding service could be a sneaky sentencing ploy.

Berman quotes a Washington Post article as follows:

A former State Department officer has a proposal for U.S. District Judge Gerald Bruce Lee: Before the judge sentences him on child pornography charges, he wants Lee to perform his wedding ceremony. Lee is considering the highly unusual request, under which Gons Gutierrez Nachman, 42, would tie the knot with his 21-year-old Brazilian fiancee in the same Alexandria federal courtroom where he admitted having sex with three underage girls while posted overseas.

Prosecutors are not forever holding their peace. "The government objects," they wrote the judge Wednesday. "The defendant's request, in the government's view, attempts to shift the focus away from the very serious criminal offenses for which he will be sentenced."...

Legal ethicists said the judge should have strenuously objected. "It would show very poor judgment for the court to perform this ceremony or even to entertain the possibility," said Stephen Gillers, a law professor at New York University. "He should have shot this down as soon as they asked. He's not there to perform weddings; he's there to send a man to jail." "I suspect that in 232 years of American history," Gillers added, "it's never happened that a [federal] judge has performed a marriage ceremony for a defendant awaiting sentencing in a serious felony case in his own court."

Professor Gillers is a very well-known legal ethicist. That what makes me reluctant to disclose that, in about 2004, as a federal judge, I performed a wedding service for a young defendant after I sentenced him for being a felon in possession of a firearm. As I recall, I consulted with the prosecution and court security staff to ensure that no one objected. The bride then came to court in her wedding gown, along with family and friends, and I performed the service. The bride and groom then kissed, and the marshals then took the defendant back to begin serving his (roughly) 18 month prison term.

I thought it was important to honor the request for the defendant for the service because I thought it would improve his prospects for rehabilitation if he knew he had lovely wife willing to wait for him. Perhaps it would have seemed like more of a "ploy" if the defendant was facing an extremely long prison terms, as child pornographers typically are.

I think we can leave this issue (like many others) to the sound discretion of trial court judges.

Dr. Weevil (mail) (www):
I would be inclined to reject the request because a 42-year-old who's admitted to having sex with underage girls should be trying a little harder to find someone closer to his own age than 21. That's not underage, of course, but it's way under his age. Eeeuw.
6.6.2008 4:05pm
theobromophile (www):
A former State Department officer has a proposal for U.S. District Judge Gerald Bruce Lee: Before the judge sentences him on child pornography charges, he wants Lee to perform his wedding ceremony. Lee is considering the highly unusual request, under which Gons Gutierrez Nachman, 42, would tie the knot with his 21-year-old Brazilian fiancee in the same Alexandria federal courtroom where he admitted having sex with three underage girls while posted overseas.

Legal ethics aside, I cannot fathom the stupidity of asking a sentencing judge to perform the wedding service, in which the bride is barely an adult, when the crime in question is child pornography.
6.6.2008 4:07pm
theobromophile (www):
Er... Dr. Weevil types faster than I do. Or edits less. Or both. :)
6.6.2008 4:08pm
Mark Butler (mail):
It is hard to believe that Prof. Cassell and the above commenters have not cited the most relevant example of a judge (and executioner) performing a wedding in the midst of the proceedings.

The money quote, from "The African Queen":

"By the authority vested in me by Kaiser William II, I pronounce you man and wife. Proceed with the execution."

I believe that under the principles Justice Kennedy enunciated in Lawrence v. Texas, citations to movies must be acceptable in American courts--and any judge who decides to help a defendant before him tie the knot (too bad hanging has gone out of style) can simply cite the above line as authority.
6.6.2008 4:18pm
Crafty Hunter (www):
For what it's worth, I see nothing wrong with Mr. Cassell's action as stated in the background for this posting. Of course, I don't believe either that there ought to be laws that make it illegal for so-called "felons" to own the means for self-defense, but there it is.

I'll say though that the foreground case in question makes one uneasy; it does seem possible that performing a marriage could influence the sitting judge, and ought to be rejected on that ground. At a minimum, the judge should sentence first, then and only then even entertain a request to perform a marriage ceremony, which would dispel at least most of the potential bad odor.

As for the making of monkey "eeewww" noises about the general case of an adult marrying another consenting adult, I can only say, "Grow up." The alleged disgusting nature of the defendant is irrelevant to the matter.
6.6.2008 4:23pm
AF:
Judge Cassell's anecdote does not contradict Professor Gillers's suspicion, which is that a federal judge has never performed a marriage ceremony for a felony defendant awaiting sentencing.
6.6.2008 4:23pm
Dave N (mail):
It made me think of The African Queen, when Humphrey Bogart and Katherine Hepburn are married by the same German ship captain who has just sentenced them to death.
6.6.2008 4:23pm
Dave N (mail):
Dang it, Mark Butler beat me to it by 5 minutes.
6.6.2008 4:25pm
Sasha Volokh (mail) (www):
This is why I've often said that legal ethics is to actual ethics as Madison, Wisconsin is to James Madison: the former is vaguely inspired by the idea of the latter.
6.6.2008 4:30pm
William Spieler (mail) (www):
I remember seeing this movie in an arthouse cinema in Miami back when I was in high school. It starred Humphrey Bogart and Katherine Hepburn, and was set in World War I era Germany. Anyway, the end of the movie is pretty relevant here I think.

I hope nobody beat me to this reference.
6.6.2008 4:30pm
one of many:
I have to agree with m. cassell. simply as a matter of logistics, marriage at sentencing may the only place and time to have one. i wouldn't consider it if the defendant were on bond pre- or post- sentencing, but a ceremony in a courtroom (even immediately prior to a sentencing) is preferable to a ceremony in prison whenever one can be arranged (depending on the warden it could be never, marriages and ceremonies are entirely at the whim of the wardens in federal prisons and some have never allowed a wedding ceremony). since the prosecution objects, then certainly they would not object to allowing a ceremony to held before sentencing with a different person performing the ceremony(given the charges i doubt they would consider releasing him to a church but surely a courtroom could be made available), but i am also sure they will not entertain that compromise unless forced to by m. lee. aside from the 'influence' on the judge there are legitimate reason why a person night want to have a marriage ceremony before going to prison for a long time.
6.6.2008 4:39pm
Seamus (mail):
Does Virginia law really authorize federal judges to officiate at weddings?
6.6.2008 4:42pm
PatHMV (mail) (www):
William Spieler, if you wrote that on purpose, it's very funny, in an extraordinarily dry manner. If you didn't, then go read about 1/3 of the comments upthread...

I do think the offense involved and the potential sentence are relevant. A good judge knows the difference between when he's sentencing someone with a real chance to turn his life around (as in Paul Cassell's example) and when he's sentencing someone to forever keep them from harming society again.

I agree that this should rest with the sound discretion of the court, but I do think the judge should have firmly and promptly rejected the request.

But I wonder... is it possible the defendant was trying to garner grounds for recusal of the judge? If the judge were to pointedly refuse to do the wedding on the grounds of his bride's age and the similarity thereto to his crimes, might the defendant not then claim that this showed an extra-judicial prejudice against him?
6.6.2008 4:43pm
Freddy Hill:
@William Spieler, you are mostly correct, except that it did not happen in Germany, but in Africa, which explains why the boat where a lot of the action happens is called the African Queen and not the Berlin Kaiserin or something.

If you are ever in Key Largo you can see the true and authentic African Queen used in the movie, in the grounds of the local Holiday Inn. It's not far from the place where Key Largo was filmed, now a bar. Mildly interesting attractions both, not worth a big detour.
6.6.2008 4:46pm
TechieLaw (mail) (www):
Wow, it looks like I wasn't the only person thinking of the African Queen. Good film.
6.6.2008 4:49pm
theobromophile (www):
As for the making of monkey "eeewww" noises about the general case of an adult marrying another consenting adult, I can only say, "Grow up." The alleged disgusting nature of the defendant is irrelevant to the matter.

Mere coincidence. Obviously. Clearly. No two ways about it.

/sarcasm

"Alleged?" If there is a sentencing hearing, wasn't he convicted? When does the nature stop being "alleged" and become just "nature"?
6.6.2008 4:55pm
Ohismith (mail):
When I was clerking, my judge performed the wedding of my co-clerk and his wife. That was right before my co-clerk went off to work in BigLaw (see the prison analogy?). But he had already accepted the offer/been sentenced.
Seamus 3:42 I don't think federal judges can marry people; my judge was a retired state judge who was on the federal bench, and we had conversations about his ability to marry people based on state judge status.
6.6.2008 4:55pm
Public_Defender (mail):
I finally agree with Professor Cassell. How can this possibly be a conflict of interest? If the judge thinks the marriage is a ploy, the judge shouldn't do it, and then the judge should consider the ploy when deciding the defendant's credibility on other matters. If the judge thinks it isn't a ploy, do it if the judge wants.

Judges regularly have to decide whether a defendant's behavior or words are genuine or whether they are a ploy to curry favor. This is no different.
6.6.2008 4:56pm
one of many:
At a minimum, the judge should sentence first, then and only then even entertain a request to perform a marriage ceremony,

i'm not so sure how one would manage this. a rule 38 stay of execution of sentence with custody being retained by the court until the ceremony is performed? if the judge needed to take some time consider the request would the time spent awaiting the judges decision be credited for the sentence, and if so how?
6.6.2008 4:56pm
Jay:
"Does Virginia law really authorize federal judges to officiate at weddings?"

I hope so. Otherwise, Justice Thomas couldn't have married Rush Limbaugh at Thomas's Virginia home back in the '90s.
6.6.2008 4:58pm
Dr. Weevil (mail) (www):
Crafty Hunter:

"Eeeuw" (note spelling) is not a monkey noise, monkeys are not known for feeling or expressing moral disapproval of the actions of other monkeys -- they're the Libertarians of the Animal Kingdom --, and anyone who thinks a convicted three-time pedophile is only "alleged[ly] disgusting" (emphasis added) needs to think again.

Most important, I said nothing about "the general case of an adult marrying another consenting adult" or even the general case of an adult marrying another consenting adult half his (or her) age. I was only criticizing this particular defendant. Similarly, it doesn't bother me in the least that people produce, direct, and star in slasher movies, but I would think that most of would say "Eeeuw" or "Ick" or make some equivalent comment if O. J. Simpson ever decided to do so. Wouldn't you? To take another example, a convicted rapist should probably avoid going into the BD/SM business, especially on the Sadism side: again, I'm surely not the only one who would find that disturbing.
6.6.2008 5:09pm
Dr. Weevil (mail) (www):
Jay:
Clarence Thomas married Rush Limbaugh way back in the '90s? How'd they keep that out of the tabloids until now?

theobromophile:
Now you've proved that you can type faster than me (than I?).
6.6.2008 5:13pm
Cold Warrior:
Although Judge Cassell did it, and although it probably doesn't violate any canon of judicial ethics, it still strikes me as an awful idea. Surely the Magistrate Judge down the corridor could do the marriage ceremony instead of the judge presiding over the criminal trial/sentencing.
6.6.2008 5:17pm
Grigor:
At least in California, federal judges can perform marriages.

Family Code 400:

400. Marriage may be solemnized by any of the following who is of the age of 18 years or older:
(a) A priest, minister, rabbi, or authorized person of any religious denomination.
(b) A judge or retired judge, commissioner of civil marriages or retired commissioner of civil marriages, commissioner or retired commissioner, or assistant commissioner of a court of record in this state.
(c) A judge or magistrate who has resigned from office.
(d) Any of the following judges or magistrates of the United States:
(1) A justice or retired justice of the United States Supreme Court.
(2) A judge or retired judge of a court of appeals, a district court, or a court created by an act of Congress the judges of which are entitled to hold office during good behavior.
(3) A judge or retired judge of a bankruptcy court or a tax court.
(4) A United States magistrate or retired magistrate.
(e) A legislator or constitutional officer of this state or a Member of Congress who represents a district within this state, while that person holds office.
6.6.2008 5:19pm
Cold Warrior:

As for the making of monkey "eeewww" noises about the general case of an adult marrying another consenting adult, I can only say, "Grow up." The alleged disgusting nature of the defendant is irrelevant to the matter.


A better question: what 21 year old woman would want to marry a man twice her age when that man is about to be sent off to the federal pen for child pornography?

A better answer: a Brazilian national who wants to get a green card, but doesn't exactly want to live with the creepy old porno freak, and won't have to worry about that since he's off to the federal pen for many years!

[And yes, he can petition for her from federal prison; and yes, she can get a green card through him as long as they can show the marriage is bona fide; and no, they won't have to prove that they have a sexual relationship in order for her to get a green card unless conjugal visits are authorized; she'd simply need to find someone to file an affidavit of support promising to support her in the United States since prison wages won't meet 125% of the poverty guidelines. Sounds like the perfect immigration scam! If Judge Gerald Bruce Lee falls for this, I've got some land in Florida I'd like to talk to him about ...]
6.6.2008 5:24pm
one of many:
Could be Cold, but...

M. Nachman ( the defendant) used to work at the State Department in Brazil and probably met the bride while posted to Brazil (and having sex with underage females, in fact given that she's 21 now, she would have been 16 when she met him, the same age as the minor he had sex with in Brazil... . And given the nature of his offenses, if she wanted so desperately to get a green card she could probably have had sex with him then in exchange for it.

Further, if she is the same minor he admitted to having relations with in Brazil, then she certainly wouldn't object to him being a porno freak - she is the same probably the same type of porno freak (those people who aren't into it usually object when they see the video camera in the bedroom).
6.6.2008 6:06pm
LM (mail):
These threads need what Google uses to filter out duplicative results.
6.6.2008 6:26pm
William Spieler (mail) (www):
PatHMV: :)
6.6.2008 6:29pm
William Spieler (mail) (www):
There's some weird officiant requirement in Virginia, some sort of registration something-or-other. I found out the hard way due to issues getting a marriage license in Florida where my wedding was to be held, so my wife and I went to court to get married, but apparently judges don't perform marriages in Virginia, so we got sent by the court clerk to an attorney a block away from Arlington County Circuit Court to get married. I'm not exactly sure how that all works out but it cost me $50.

Best money spent ever.
6.6.2008 6:33pm
Crafty Hunter (www):
Cold Warrior, I'd have to agree that it is fairly likely that the Brazilian (female) national just wants that precious green card, and is quite willing (or desperate enough) to marry someone with a questionable moral background and poor prospects. I won't undertake to comment on the morality of such an act, not wishing to be dragged into that particular quagmire.

In a brief answer to other criticisms, I'll say that I regret not having taken the time to make my answer more complete and explicitly detailed, rather than relying so much on implied context. For example, I should have said "... the general case of an adult marrying another consenting adult who is much younger ...". Be that as it may. Also, "eeewww" or "eeeuw" or however it is spelt evokes the same concept, even if monkeys or other primates do not exhibit disgust at sexual couplings, but only at rotten or otherwise inedible comestibles or bad odors (as far as I know). It's not meant to be interpreted so literally.

It's frankly hard to define disgusting anyway, since that's a value judgment. I find stewed monkey heads disgusting, but it's considered a delicacy in parts of the world. Left unsaid in this posting, or in the link's posting, or in other branching links which I followed before growing tired of the hunt, is exactly what was considered "child pornography". Making videos of five year olds performing lewd acts at the urging of morally sick adults? Taking a picture of a naked willing girl who was exactly seventeen years and eleven months and twenty nine days old? I'm very suspicious of any conviction on charges of alleged "child pornography", given how terribly that concept has been abused, especially in the United States in the last twenty years.

For that matter, if I'm reading this right, how did sex with "underage" girls translate into "child pornography" charges, rather than statutory rape charges? Exactly how "underage" were these girls, and in what country? What were the laws on age(s) of consent in that country? There are many questions here, which I suppose aren't germane to the main question, which was the ethical status of granting a request to perform a marriage ceremony for a defendant convicted of an icky criminal act.
6.6.2008 7:39pm
Syd Henderson (mail):
Grigor:
At least in California, federal judges can perform marriages.


Family Code 400:
...
(e) A legislator or constitutional officer of this state or a Member of Congress who represents a district within this state, while that person holds office.


So who would you rather see perform a same-sex marriage, Barbara Boxer or Governor Schwarzenegger? (Maybe he could terminate it.)
6.6.2008 7:47pm
Syd Henderson (mail):
I notice, by the way, that Loretta Sanchez can perform a marriage in California but not President Bush.
6.6.2008 7:49pm
josh bornstein (mail) (www):
In Germany, the age of consent is 14 (!!). If a man (say, 35 or 45 years old) has sex with her in Berlin (where it's legal), can he be prosecuted when he returns home to the United States? If he marries her (let's say that marriage was against her parents' consent) in Germany, will that marriage be recognized as valid here in the States? (Or does that answer vary, depending on which state he lives in?)

Sorry for straying a bit off-topic, but these are issues I've thought about every since Prof. Volokh mentioned to me Germany's low age of consent, and ever since my German girlfriend confirmed it. Eeewwww, indeed.
6.6.2008 8:50pm
BobVDV2 (mail):
The judge I clerked for would occasionally be asked to perform a wedding but declined "on the grounds that marriage is not a federal offense". This experience predates the Defense of Marriage Act.
6.6.2008 9:00pm
Bill Poser (mail) (www):
The interesting thing about the California law is that it excludes ship captains (unless they happen also to be judges etc.). This is apparently now true in most jurisdictions.
6.6.2008 9:13pm
Careless:
<blockquote>
Jay:
Clarence Thomas married Rush Limbaugh way back in the '90s? How'd they keep that out of the tabloids until now?
</blockquote>
VRWC?
6.6.2008 9:42pm
Redlands (mail):
I was always too busy to check but a fellow prosecutor, or was it a probation officer, told me many years ago that such marriages sometimes were aimed at allowing the bride to file for and obtain some kind of welfare benefit. Sound possible?
6.6.2008 9:57pm
theobromophile (www):
Dr. Weevil - are we sharing a brain today?
6.6.2008 10:15pm
Dr. Weevil (mail) (www):
It's really not difficult to guess how charges of child pornography could arise from sex with underage girls. Here are three possibilities so obvious even a monkey can think of them, even if a supposedly Crafty Hunter can't:

1. Plea bargaining -- I'm no lawyer, but surely child pornography is the lesser charge of the two.

2. Underage partners may be unwilling to testify, even more so than adult victims of sex crimes, particularly if their parents don't wish them to do so. If the man took pictures, a charge of child pornography allows for prosecution without the victims' participation.

3. Though the story says he admitted to sex with underage girls, the pictures may be the only physical evidence. Perhaps they were found on his PC or in his camera after his return to the U.S. and there was no way to track down the girls. If that is so, the girls must have been very young for photos to be evidence, since age is difficult to judge from physical appearance.

I note that Crafty Hunter omits to mention that the man admitted to having sex with three different underage girls. One instance could be explained away as a mistake -- some girls look a lot older than they are, and men don't necessarily check the age of consent for every country they visit -- or even a momentary lapse, but three strongly suggests that sex with children was exactly what the man wanted.
6.6.2008 11:05pm
one of many:
There is a bit more to it than the small amounts presented. It seems that the US State Dept. investigated Nachman originally because of repeated complaints he was trading visas for sex, or pressuring attractive female visa applicants for sex. This all took place outside the national US (US diplomatic terr.) so there are problems with witnesses from foreign countries. Nachman (the defendant) apparently had many sexual partners including at least 3 minors - 14,16&17 that he's confessed to with possibly more. Nachman videotaped some of his sexcapades &photographed others (including video of those with minors, which lead to the child pornography charges) and kept a diary of his sexual encounters which covered (at least) part of his assignment to the Congo with over 180 entries. He actually brought a woman with him from the Congo to Brazil who as part of her job for him (in exchange for his arranging a refugee visa for her to Brazil from the Congo) was camerawoman for his Brazilian encounters. The real question is how he managed to find enough time between sex to actually do enough work to keep his job.

Three minors in this case is indicative of nothing. 3 out a few hundred if those represent all of the minors he had sex with during his career, is nothing. 3 identifiable as minors out of a dozen identifiable of those few hundred is indicative of at least a tendency towards sex with children. 3 confirmed as minors out of 150 who appear to be minors but were not confirmed and several dozen others who don't appear to be minors strongly suggests that sex with minors is what he was looking for. But without going through his diary and reviewing his tape collection and photograph albums it would be hard to say one way or another if sex with minors was incidental or the primary purpose.
6.6.2008 11:55pm
Tony Tutins (mail):
theo and Dr. Weevil -- a 21 year old woman has been an adult for three years. Yes, sometimes young women marry older men: Victoria Kennedy was born while Teddy was in law school. Does that still rate an Ewwwwwww?

Seamus 3:42 The entire book of Seamus is missing from my copy of the Bible. Is it perhaps apocryphal?
6.7.2008 12:43am
Gavin (mail):
@Bill Poser

As an avid racing yachtsman and oftimes ships captain (in international waters, no less), I take the precaution of informing all people aboard that any marriages I perform are valid only for the duration of voyage. So far, no complaints!

I also, for various safety reasons too boring to enumerate herein, require all gamblers and fancy women to identify themselves to me immediately upon boarding.

- Gavin
6.7.2008 12:58am
theobromophile (www):
TT - it's been answered before, but, in case you skipped to the end to comment, here it is again: While there is nothing inherently wrong with marrying people older (or younger) than oneself, the presumption of validity simply cannot be made when the husband-to-be was convicted of child pornography.
6.7.2008 1:43am
Careless:

TT - it's been answered before, but, in case you skipped to the end to comment, here it is again: While there is nothing inherently wrong with marrying people older (or younger) than oneself, the presumption of validity simply cannot be made when the husband-to-be was convicted of child pornography.

That really depends on what the "child pornography" is. The 18 year old with pictures of a 17 year old is a much different case from the 30 year old/11 year old. They're not even comparable. With ages 14,16,17,we're talking 2/3 that are likely not crimes if they're done inside a random state in the US. This guy sounds like he'd be a father's nightmare in low-age of consent states, not a child rapist/pornographer
6.7.2008 2:19am
Tony Tutins (mail):
theo -- your argument makes sense to me only if you consider a 21 year old to be a child, and that marriage between a 21 year old and a 42 year old was an act of sexually exploiting a child. A 21 year old left childhood behind a long time ago.
6.7.2008 2:49am
one of many:
Josh asks,
In Germany, the age of consent is 14 (!!). If a man (say, 35 or 45 years old) has sex with her in Berlin (where it's legal), can he be prosecuted when he returns home to the United States? If he marries her (let's say that marriage was against her parents' consent) in Germany, will that marriage be recognized as valid here in the States? (Or does that answer vary, depending on which state he lives in?)

1st, since 2003 it has been illegal for US citizens to have sex with anyone under the age of 16 in foreign countries. So sex which is legal in most parts of the US, is illegal if US citizens conduct it outside the US.

2nd, the marriage will be recognized as valid for just about all purposes. In some jurisdictions although you may be recognized as married, you will not be able to exercise "marital privilege" with a 14y.o.. Even though you will not meet many states' laws for an acceptable marriage for most purposes a marriage performed in Germany is considered legal (it is actually set by treaty). HOWEVER, German law requires that for the marriage of a non-national to be valid it must be valid under the laws of the non-national with regards to age of consent, so if you are from a state which does not allow 14y.o.s to consent to marry or requires parental permission for 14y.o.s to marry (I think all of them which allow 14y.0.s to marry except Co.), your German marriage would not be considered valid by Germany and thus not in the US.
6.7.2008 2:57am
methodact:
The better choice would be a Gordian Knot-slashing approach to the never ending spate of myriad Islamo-Fascist-like laws concocted in this once great country through the artifice of fraud, lies and billions of propaganda dollars spent, in order to foment and foist upon us this current hysteria, in a war on sex, nudity and pornography. But then what would all of you strict state-arranged-marriage favoring types get your panties up in a wad about, such as with all your current indignant consternation? Btw, age-of-consent in Brazil is 14, unless parents specifically object.
6.7.2008 2:55pm
josh bornstein (mail) (www):
One Of Many,
Thanks for the info. Fascinating stuff (although, based on what you wrote, there do seem to be pretty strong policy reasons for just about everything you said.)
6.7.2008 3:05pm
theobromophile (www):
theo -- your argument makes sense to me only if you consider a 21 year old to be a child, and that marriage between a 21 year old and a 42 year old was an act of sexually exploiting a child. A 21 year old left childhood behind a long time ago.

Not true at all.

"Childhood" is relative. Consider that, if this guy is having sex with 15-year-old girls, there is a 27-year age difference. With a 21-year-old bride, there is an age difference of 21 years. Indistinguishable.

I'm in my late 20s. I was pretty old for 21 at that age - a lot of people said that I acted like I was 30. Nevertheless, I've changed (and watched my friends change) a great deal over the past several years, especially with regards to men. Girls who are barely over 20 are a lot different than those who are older - more forgiving, less able to see the signs, less willing to just walk away and tell the guy to shove it - making them more attractive targets to exploitive men.

Now, let's throw some more facts from this marriage on top of it. She's foreign. She may not speak the language. She may not have family here. She's stuck in the marriage until she can get a green card. She is as vulnerable as a teenage girl.

That really depends on what the "child pornography" is. The 18 year old with pictures of a 17 year old is a much different case from the 30 year old/11 year old. They're not even comparable. With ages 14,16,17,we're talking 2/3 that are likely not crimes if they're done inside a random state in the US. This guy sounds like he'd be a father's nightmare in low-age of consent states, not a child rapist/pornographer

Don't take this the wrong way... but only lawyers are dense enough to argue like that. A bit of common sense here, folks: we aren't debating whether or not this is a Romeo &Juliet situation, where he was convicted of having sex with a woman a year his junior and is now marrying a woman two years his junior; it's a middle-aged man who exploited young women and is now marrying a young woman. The question is NOT how we, objectively, think about a a 15-year-old marrying v. a 21-year-old marrying; the question is how a middle-aged man looks at women that age.

Look, in order to not think that the marriage is wrong, you have to really, really believe that this guy would marry her even if she were 50. If you believe that, well, I have some waterfront property to sell you.
6.7.2008 5:28pm
aces:

So who would you rather see perform a same-sex marriage, Barbara Boxer or Governor Schwarzenegger? (Maybe he could terminate it.)


He did it before, shooting Sharon Stone in Total Recall:

"Consider zat a divorce."
6.7.2008 11:04pm
pwedza (mail):
one of many:

Thanks for the info about Mr. Gons-zo.

It is interesting how carried away some people get when they get a bit of power and, in the process, lose their bearings. I lived in Africa for a time and I can confirm that some men simply lose their minds in the conditions sur place [i.e. the condition of being able to have women as you please]. I saw guys completely lose their heads during my stay. And for some it is simply a lifestyle. In Madagascar, there are plenty of European retirees who buy a small house and car, spend each night on a terrace drinking rum, and have sex with more women than there are comments on this post.

Mr. Gons really went off the deep end in the number and nature of his activities. If the guy could have had a little more self control, it sounds like he had set himself up with a lifestyle that corresponded to his desires [the ethics of sleeping with international women as a State Dept. employee aside]. Instead of just going on his persona, he had to abuse his position and go underage. Really just foolish.

On another note, seems that Gons is also a Samba dancing enthusiast - having prepped his moves in DC before his move to Brazil.

Quote:

"I'm going to work in Brazil in May. And, I've always loved Brazilian culture and Brazilian music. And, I think it's a wonderful way to introduce myself to the country," said Gons Nachman. [Learning to dance at the former DC Brazilian-American Cultural Institute - see: http://www.nbc4.com/gethealthy4life/9219973/detail.html]


Another aspect of his photography:

Tico Times: Views from Africa

Gons Gutierrez Nachman, U.S. Foreign Service Officer posted to the Democratic Republic of Congo (DRC) as a political officer from November 2003 to October 2005, will present over 90 digital photos, a series of still photos, and a video on Central Africa at El Observatorio tonight at 9 p.m. The photos depict scenes of daily life in the cities of Kinshasa, Boma, and Kisangani in the Democratic Republic of the Congo as well as U.N. peacekeepers and displaced people from the Ituri region. There will also be photos of children from Angola and Mozambique. The video will show traditional and modern Congolese dancers, the acclaimed Congolese singer Papa Wemba, scenes from Kinshasa, and a canoe trip to villages along the Congo River in Kisangani. The photo exhibit and video will remain at El Observatorio, in front of Cine Magaly, Barrio La California.


Lastly, I do find it heartening that the State Department will hire people who, as law students, 'led demonstrations involving public nudity.' http://www.wtopnews.com/?nid=104&sid=1346425

I guess he didn't join the others for the Naked Bike Ride in our Nation's capital yesterday - a protest against oil dependency.
6.8.2008 2:35am
FlimFlamSam:
The fact that Gillers is against it means that doing it is probably the right thing to do.
6.8.2008 9:12am
one of many:
Please don't pick on Gillers, he actually isn't bad when he's had time to think about things. His problem is that he's one of the people reporters have learned can be called and counted upon to provide a money quote saying something (involving lawyers and judges) is unethical when presented with a one-sided synopsis. Gillers quotes in newspapers are meaningless, they indicate only that the reporter wanted to say something was unethical and chose Gillers as a proxy.
6.8.2008 2:19pm
Juan Inukshuk:
"Clarence Thomas married Rush Limbaugh way back in the '90s? How'd they keep that out of the tabloids until now?"
Did they? I remember reading about that in a bunch of sources, including Al Franken's Rush Limbaugh is a big fat idiot
6.8.2008 3:29pm
Dr. Weevil (mail) (www):
Uh, that was a joke. I know Justice Thomas performed the marriage of Mr. and Mrs. Limbaugh, but the way it was stated it sounded like Thomas and Limbaugh had married each other.
6.8.2008 6:04pm
Seamus (mail):
Seamus 3:42 I don't think federal judges can marry people; my judge was a retired state judge who was on the federal bench, and we had conversations about his ability to marry people based on state judge status.

I probably should have looked it up before asking my question. In fact, federal judges can perform weddings in Virginia: "Any . . . senior or retired federal judge or justice who is a resident of the Commonwealth may celebrate the rites of marriage anywhere in the Commonwealth without the necessity of bond or order of authorization." Va. Code ยง 20-25. (Note that this authority is entirely a creation of state law; federal judges don't have any inherent power to officiate at weddings.)
6.9.2008 12:18pm