Gay activist Andrew Sullivan rankles federal judge

Political commentator, author and writer for The Atlantic magazine Andrew M. Sullivan won’t have to face charges stemming from a recent pot bust at the Cape Cod National Seashore — but a federal judge isn't happy about it.

U. S. Magistrate Judge Robert B. Collings says in his decision that the case is an example of how sometimes "small cases raise issues of fundamental importance in our system of justice."
While marijuana possession may have been decriminalized, Sullivan, who owns a home in Provincetown, made the mistake of being caught by a park ranger with a controlled substance on National Park Service lands, a federal misdemeanor.

The ranger issued Sullivan a citation, which required him either to appear in U.S. District Court or, in essence, pay a $125 fine.

But the U.S. Attorney’s Office sought to dismiss the case. Both the federal prosecutor and Sullivan’s attorney said it would have resulted in an "adverse effect" on an unspecified "immigration status" that Sullivan, a British citizen, is applying for.

. . . expressed his concern that "a dismissal would result in persons in similar situations being treated unequally before the law. … persons charged with the same offense on the Cape Cod National Seashore were routinely given violation notices, and if they did not agree to [pay the fine] were prosecuted by the United States Attorney … there was no apparent reason for treating Mr. Sullivan differently from other persons charged with the same offense." . . .