Now that Election Day is behind us, judgment day nears for David Kernell, the 22-year-old son of a Tennessee politician who was convicted earlier this year of prying into Sarah Palin’s personal e-mail account two months before the 2008 presidential election.
Kernell is scheduled to be sentenced on Nov. 12. Prosecutors are looking to send him to prison, while the defense is doing its best to avoid that prospect.
A recent court filing by his lawyer contends that Kernell’s actions represented “an aberration from his normal course of conduct” and that his “youth and emotional condition justify” a lighter sentence. In addition, his attorney argues, probation or alternative sentencing has been applied in “many” similar cases.
Meanwhile, in its memorandum to the judge, prosecutors note that sentencing guidelines call for “a range of 15 to 21 months” and “the government respectfully submits that a mid-range sentence of 18 months in prison is consistent with the statutory purposes of sentencing.”
The defense makes a more compelling argument here, in my opinion, but given contentious political wrappings that have enveloped this case from the start – a start for which Kernell bears sole responsibility – it will surprise me greatly if he avoids doing time.
On April 30, Kernell was found guilty of one count of misdemeanor computer fraud and one count of obstruction of justice. He was found not guilty of wire fraud and the jury deadlocked on a fourth charge of identity theft.
Kernell was a 20-year-old college student at the University of Tennessee when he accessed Palin’s Yahoo e-mail account by guessing the password, which he then changed and let loose on the Internet. The episode drew international attention because its cast of characters included not only Palin, then the GOP nominee for vice president, but Kernell’s father, Democrat Michael Kernell, a longtime Tennessee state legislator, as well as the notorious Internet message board 4chan and controversial whistleblower Web site Wikileaks, both of which were involved in circulating the e-mail and pictures gleaned from Palin’s account.
During his trial, Kernell’s lawyer attempted to portray his client’s actions as a foolish prank that spun out of control.
Prosecutors would have none of that, nor would Palin, who after the verdict wrote on Facebook: “Violating the law, or simply invading someone’s privacy for political gain, has long been repugnant to Americans’ sense of fair play. As Watergate taught us, we rightfully reject illegally breaking into candidates’ private communications for political intrigue in an attempt to derail an election.”
The invocation of Watergate is silly, yet Kernell’s violation of Palin’s privacy was real and more than unfair, it was illegal, as the jury concluded. He deserves to be punished, but the punishment needs to fit the crime.
In this case, there was no serious harm to Palin, her family or the McCain/Palin candidacy. Kernell’s arrest, trial and conviction have already created a powerful deterrent for anyone who might be tempted to repeat his fishing expedition. And Kernell is a first-time offender, who will carry a criminal record for the rest of his life.
A fine, community service and probation would best serve the interests of justice here.
Reasonable people may disagree. One of them may be wearing a robe.
You may register your vote at buzz@nww.com.
