Senators ask Holder for more pornography prosecutions
Nearly half of the members of the U.S. Senate are urging Attorney General Eric Holder to step up federal prosecutions of adult pornography.
In a letter sent to Holder earlier this week, 42 senators encouraged Holder instruct prosecutors and FBI agents to counter what the lawmakers called "the growing scourge of obscenity in America." Anti-pornography activists have noted with alarm that, under President Barack Obama, the Justice Department has not filed a single new obscenity case anywhere in the country.
"We write to urge the Department of Justice vigorously to enforce federal obscenity laws against major commercial distributors of hardcore adult pornography," the senators wrote. "We believe it is imperative that the Department, with cooperation by the FBI, investigate and prosecute all major producers and distributors of adult obscenity. We need your leadership."
The signatures on the letter from socially-conservative Republicans like Sens. Orrin Hatch of Utah, Chuck Grassley of Iowa, and Jim Demint of South Carolina are unsurprising. However, some fairly liberal Democrats also joined in: Sens. Dianne Feinstein of California, Tom Carper of Delaware and Amy Klobuchar of Minnesota. Also on board from the Democratic side, though less surprisingly: Ben Nelson of Nebraska and Joe Lieberman of Connecticut.
"We know more than ever how illegal adult obscenity contributes to violence against women, addiction, harm to children, and sex trafficking. This material harms individuals, families, and communities and the problems are only getting worse," the senators added. (View the full letter here.)
The April 4 letter refrains from criticzing the Justice Department's record. However, in the past, Hatch has publicly complained to Holder that the Justice Department was devoting too much focus to small-time purveyors of "fringe" fetish pornography and not enough attention to the mass-market producers. However, winning cases against large-scale operators could be complicated since they could argue that their very success demonstrates that their products do not violate community standards.
Three cases left over from the Bush administration have been allowed to proceed since Obama came into office. Those prosecutions have produced lackluster results for the department.
Last year, a federal judge in Washington, D.C. ordered the acquittal of a major California porn producer, John Stagliano, following his trial on obscenity charges. In February, a guilty plea drew a sentence of six months "home confinement" and three years probation for a small New Jersey producer of torture porn, Barry Goldman. The third holdover case, against a small California producer of "scat" pornography, Ira Isaacs, is set to go to trial next month in Los Angeles.
A Justice Department spokeswoman had no comment on the senators' letter.
In recent decades, Democratic administrations have tended to focus on child pornography prosecutions while Republicans have sporadically pursued more cases of adult obscenity. However, anti-pornography groups have complained that federal prosecutions of adult obscenity have languished under administrations of both stripes.
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