John C. Coughenour
Encyclopedia
John C. Coughenour is a U.S. District Court Judge.
He was appointed by Ronald Reagan
in 1981.
Before being appointed as a judge, Coughenour was a leading litigator with Bogle & Gates and has taught trial and appellate practice at the University of Washington School of Law
.
Coughenour was an assistant professor of law, at the University of Washington
, from 1970 to 1973.
He was a Chief Judge from 1997-2004. He became a Senior Judge in 2006.
Coughenour testified before the Senate Judiciary Committee on 7 April 2004 and 4 June 2008.
He ruled the law unconstitutionally
violated protections against post facto laws and double jeopardy
.
, the "millennium bomber", who had been convicted by a jury after being found with materials that an explosives expert concluded could have produced a blast 40x greater than that of a devastating car bomb
, and plans to use it to blow up the Los Angeles International Airport
on New Year's Eve 1999.
Ressam wrote a letter to Coughenour, in November 2006, to "clarify" allegations he leveled against "Ahcene Zemiri
", another Algerian expatriate he knew from when they both lived in Montreal
.
Coughenour wrote an op-ed
in the New York Times, entitled "How to Try a Terrorist", commenting on Michael B. Mukasey
's nomination for Attorney General of the United States.
Coughenour compared his experience trying Ahmed Ressam with Michael B. Mukasey
's trial of Omar Abdel Rahman for his role in the 1993 World Trade Center bombing
. He noted that Mukasey had complained about “the inadequacy of the current approach to terrorism prosecutions.”
He noted that Mukasey had complained about the limited number of terrorism convictions.
Coughenour paraphrased Mukasey: “Open prosecutions… potentially disclose to our enemies methods and sources of intelligence-gathering. Our Constitution does not adequately protect society from 'people who have cosmic goals that they are intent on achieving by cataclysmic means.'” Coughenour wrote that his experience: “only strengthened my conviction that American courts, guided by the principles of our Constitution, are fully capable of trying suspected terrorists.”
Reversal, and remand to different judge
On July 27, 2005, Coughenour sentenced Ressam to 22 years in prison, plus 5 years of supervision after his release. On February 2, 2010, the U.S. Ninth Circuit Court of Appeals ruled that the 22-year sentence Coughenour had handed down was too lenient, and did not fit in the then-mandatory sentencing guidelines which indicated Ressam should have received at least 65 years, and up to 130 years, in prison. The court ordered that Ressam be re-sentenced by a different district court judge than Coughenour.
, which resulted in damages awarded against the Cult Awareness Network
and deprogrammer
Rick Ross
.
He was appointed by Ronald Reagan
Ronald Reagan
Ronald Wilson Reagan was the 40th President of the United States , the 33rd Governor of California and, prior to that, a radio, film and television actor....
in 1981.
Before being appointed as a judge, Coughenour was a leading litigator with Bogle & Gates and has taught trial and appellate practice at the University of Washington School of Law
University of Washington School of Law
The University of Washington School of Law is the law school of the University of Washington, located on the northwest corner of the main campus in Seattle, Washington.The most recent 2012 U.S...
.
Education
| B.S. | 1963 | Kansas State College of Pittsburg |
| J.D. Juris Doctor Juris Doctor is a professional doctorate and first professional graduate degree in law.The degree was first awarded by Harvard University in the United States in the late 19th century and was created as a modern version of the old European doctor of law degree Juris Doctor (see etymology and... |
1966 | University of Iowa College of Law University of Iowa College of Law The University of Iowa College of Law is one of the eleven professional graduate schools at the University of Iowa, located in Iowa City, Iowa. Founded in 1865, it is the oldest law school in continuous operation west of the Mississippi River. The law school was ranked as the 27th best law school... |
Legal career
Coughenour entered private practice in 1966.Coughenour was an assistant professor of law, at the University of Washington
University of Washington
University of Washington is a public research university, founded in 1861 in Seattle, Washington, United States. The UW is the largest university in the Northwest and the oldest public university on the West Coast. The university has three campuses, with its largest campus in the University...
, from 1970 to 1973.
He was a Chief Judge from 1997-2004. He became a Senior Judge in 2006.
Coughenour testified before the Senate Judiciary Committee on 7 April 2004 and 4 June 2008.
Sexual Predator Law
In 1995 Coughenour found Washington State's Sexually Violent Predator Law to be "criminal in nature".He ruled the law unconstitutionally
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
violated protections against post facto laws and double jeopardy
Double jeopardy
Double jeopardy is a procedural defense that forbids a defendant from being tried again on the same, or similar charges following a legitimate acquittal or conviction...
.
Amhed Ressam case
Coughenour was the judge who first sentenced Ahmed RessamAhmed Ressam
Ahmed Ressam is an Algerian al-Qaeda member who lived in Montreal, Canada.He was convicted of attempting to bomb the Los Angeles International Airport on New Year's Eve 1999, as part of the foiled 2000 millennium attack plots...
, the "millennium bomber", who had been convicted by a jury after being found with materials that an explosives expert concluded could have produced a blast 40x greater than that of a devastating car bomb
Car bomb
A car bomb, or truck bomb also known as a Vehicle Borne Improvised Explosive Device , is an improvised explosive device placed in a car or other vehicle and then detonated. It is commonly used as a weapon of assassination, terrorism, or guerrilla warfare, to kill the occupants of the vehicle,...
, and plans to use it to blow up the Los Angeles International Airport
Los Angeles International Airport
Los Angeles International Airport is the primary airport serving the Greater Los Angeles Area, the second-most populated metropolitan area in the United States. It is most often referred to by its IATA airport code LAX, with the letters pronounced individually...
on New Year's Eve 1999.
Ressam wrote a letter to Coughenour, in November 2006, to "clarify" allegations he leveled against "Ahcene Zemiri
Ahcene Zemiri
Hassan Zumiri is an Algerian citizen who spent eight years in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.-Interrogated by Canadian Security officials in Guantanamo:...
", another Algerian expatriate he knew from when they both lived in Montreal
Montreal
Montreal is a city in Canada. It is the largest city in the province of Quebec, the second-largest city in Canada and the seventh largest in North America...
.
Coughenour wrote an op-ed
Op-ed
An op-ed, abbreviated from opposite the editorial page , is a newspaper article that expresses the opinions of a named writer who is usually unaffiliated with the newspaper's editorial board...
in the New York Times, entitled "How to Try a Terrorist", commenting on Michael B. Mukasey
Michael B. Mukasey
Michael Bernard Mukasey is a lawyer and former judge who served as the 81st Attorney General of the United States. Mukasey, an American lawyer, was appointed following the resignation of Alberto Gonzales. Mukasey also served for 18 years as a judge of the United States District Court for the...
's nomination for Attorney General of the United States.
Coughenour compared his experience trying Ahmed Ressam with Michael B. Mukasey
Michael B. Mukasey
Michael Bernard Mukasey is a lawyer and former judge who served as the 81st Attorney General of the United States. Mukasey, an American lawyer, was appointed following the resignation of Alberto Gonzales. Mukasey also served for 18 years as a judge of the United States District Court for the...
's trial of Omar Abdel Rahman for his role in the 1993 World Trade Center bombing
1993 World Trade Center bombing
The 1993 World Trade Center bombing occurred on February 26, 1993, when a truck bomb was detonated below the North Tower of the World Trade Center in New York City. The 1,336 lb urea nitrate–hydrogen gas enhanced device was intended to knock the North Tower into the South Tower , bringing...
. He noted that Mukasey had complained about “the inadequacy of the current approach to terrorism prosecutions.”
He noted that Mukasey had complained about the limited number of terrorism convictions.
Coughenour paraphrased Mukasey: “Open prosecutions… potentially disclose to our enemies methods and sources of intelligence-gathering. Our Constitution does not adequately protect society from 'people who have cosmic goals that they are intent on achieving by cataclysmic means.'” Coughenour wrote that his experience: “only strengthened my conviction that American courts, guided by the principles of our Constitution, are fully capable of trying suspected terrorists.”
Reversal, and remand to different judge
On July 27, 2005, Coughenour sentenced Ressam to 22 years in prison, plus 5 years of supervision after his release. On February 2, 2010, the U.S. Ninth Circuit Court of Appeals ruled that the 22-year sentence Coughenour had handed down was too lenient, and did not fit in the then-mandatory sentencing guidelines which indicated Ressam should have received at least 65 years, and up to 130 years, in prison. The court ordered that Ressam be re-sentenced by a different district court judge than Coughenour.
Jason Scott Case
In 1995, Coughenour also presided over the civil trial of the Jason Scott caseJason Scott case
The Jason Scott case was a United States civil suit, brought against deprogrammer Rick Ross, two of his associates, and the Cult Awareness Network , for the violent abduction and failed deprogramming of Jason Scott, a member of a Pentecostalist church. Scott was eighteen years old at the time of...
, which resulted in damages awarded against the Cult Awareness Network
Cult Awareness Network
The Cult Awareness Network was founded in the wake of the November 18, 1978 deaths of members of the group Peoples Temple and assassination of Congressman Leo J. Ryan in Jonestown, Guyana. CAN is now owned and operated by associates of the Church of Scientology, an organization that the original...
and deprogrammer
Deprogramming
Deprogramming refers to actions that attempt to force a person to abandon allegiance to a religious, political, economic, or social group. Methods and practices may involve kidnapping and coercion...
Rick Ross
Rick Ross (consultant)
Rick Alan Ross works as a consultant, lecturer, and intervention specialist, with an interest in exit counseling and deprogramming of former cult members. He runs a blog at CultNews.com, and in 2003 founded the Rick A...
.