Rules??? What Rules?

The Federalist posted an article yesterday listing five times the Mueller Probe broke basic prosecutorial rules.

The article lists the rules broken:

1. Using Leaks And Press Conferences to Trash Un-charged Targets

Rule 3.8 of the American Bar Association’s rules of professional responsibility for prosecutors provides,

A prosecutor shall, except for statements that are necessary to inform the public of the nature and extent of the prosecutor’s action and that serve a legitimate law enforcement purpose, refrain from making extrajudicial comments that have a substantial likelihood of heightening public condemnation of the accused and exercise reasonable care to prevent investigators, law enforcement personnel, employees or other persons assisting or associated with the prosecutor in a criminal case from making an extrajudicial statement that the prosecutor would be prohibited from making under Rule 3.6 or this Rule.

2. Using Their Power to Crush Client-Attorney Privilege

Rule 3.8 also provides,

A prosecutor shall not subpoena a lawyer in a grand jury or other criminal proceeding to present evidence about a past or present client unless the prosecutor reasonably believes:

(1) the information sought is not protected from disclosure by any applicable privilege;

(2) the evidence sought is essential to the successful completion of an ongoing investigation or prosecution; and

(3) there is no other feasible alternative to obtain the information;

3. Prosecuting Despite Knowing They Can’t Prove Their Case

Rule 3.8 also provides “The prosecutor in a criminal case shall: refrain from prosecuting a charge that the prosecutor knows is not supported by probable cause.”

Notwithstanding that the key collusion allegation had already been disproven before Mueller first turned on the lights in the special counsel’s office, for nearly two years Mueller has been trying President Trump in the court of public opinion. This is more than a mere expression. The venue for trying the president is in the Senate under Article I, Section 3 of the Constitution, and the constitutional framers always intended that senators make their decisions based in part on the opinions of the electorate they represent.

4. Special Counsels Aren’t Supposed to Be a Partisan Hit Squad

Federal law regarding the “Independence of the Special Counsel” says: “An individual named as Special Counsel shall be a lawyer with a reputation for integrity and impartial decisionmaking, …. The Special Counsel shall be selected from outside the United States Government.”

Mueller should not have been selected as the special counsel, due to his close personal relationship with Comey. Further, his entire staff was clearly not impartial.

As one example, the prominent attorney Jeannie Rhee worked for the Clintons to keep Hillary’s emails out of public view only months before joining the Mueller team to investigate Hillary’s political opponent. Clinton might face legal consequences for secretly starting the Russia collusion hoax using campaign funds.

5. Rosenstein Used His Government Position to Protect Himself

Federal conflict of interest law (28 C.F.R. § 45.2 (a)) says:

Unless authorized under paragraph (b) of this section, no employee shall participate in a criminal investigation or prosecution if he has a personal or political relationship with: (1) Any person or organization substantially involved in the conduct that is the subject of the investigation or prosecution; or (2) Any person or organization which he knows has a specific and substantial interest that would be directly affected by the outcome of the investigation or prosecution.

The article concludes:

The get-Trump crowd has been carrying the scorpion of the Mueller investigation on their backs for nearly two years. The damage this has done to America may never be undone. The zealots claiming Trump to be a threat to the rule of law have proven themselves right by using their outrage to trample important constitutional principles such as the presumption of innocence, the right to defend oneself from criminal accusations, attorney-client privilege, and the right to be free from unreasonable searches.

None of that seemed important if we truly had a Russian agent occupying the White House. But we don’t. The anti-Trump zealots, not Trump, threatened these cherished principles that ensure equal treatment under the law for all Americans, even the president, regardless of political party.

The people responsible for the abuse of the role of the Special Counsel need to be held accountable. Otherwise, anytime someone the deep state disapproves of is elected, we will go through this entire scenario again. Rules were broken, attorney-client privilege was totally disregarded, and innocent people had their lives ruined simply because they tangentially worked with President Trump. That is unacceptable. The price paid by those who engineered and carried out this travesty needs to be so high that no one will ever attempt it again. This truly was an attempted coup. Those responsible need to pay the appropriate price.

When Lawyers Are Willing To Disregard The Law

On Saturday, Townhall posted an article about a recent New York Times editorial. The editorial was written by former Obama White House lawyer Kate Shaw. Ms. Shaw argues that traditional due process protections such as “the burden of proof beyond a reasonable doubt; the presumption of innocence; [and] the right to confront and respond to an accuser” are not necessary for the purposes of determining if Brett Kavanaugh sexually assaulted Christine Blasely Ford more than 35 years ago or whether he should serve on the Supreme Court. Seems as if she went to the same law school as Barack Obama–the law is whatever she decides it is.

The article at Townhall includes the following from the New York Times:

“It’s natural to place this sort of accusation within a criminal-justice framework: the burden of proof beyond a reasonable doubt; the presumption of innocence; the right to confront and respond to an accuser. If Judge Kavanaugh stood criminally accused of attempted rape, all of that would apply with full force. But those concepts are a poor fit for Supreme Court confirmation hearings, where there’s no presumption of confirmation, and there’s certainly no burden that facts be established beyond a reasonable doubt.” emphasis added

…“What matters here isn’t law as much as politics — though not (or not just) partisan politics. Confirmation hearings are also about constitutional politics — the debate, involving both institutions of government and the polity, about what the Constitution means and requires.

“So what standard should the Senate use in evaluating the claims made by Dr. Blasey and in deciding how they bear on Judge Kavanaugh’s fitness for a seat on the Supreme Court? The Senate’s approach to its constitutional “advice and consent” obligation has always depended on context.A number of factors matter: the timing of the vacancy; the justice being replaced; the nominee’s likely impact on the ideological makeup of the court; even the popularity of the president (very popular presidents have always had more leeway when it comes to picking justices).” emphasis added

So what is this really about? The Democrats have used to courts for years to pass laws that Congress could not pass. Abortion never made it though Congress–it was decided by the courts. Gay marriage never made it through Congress–it was decided by the courts. Teenage boys in teenage girls’ locker rooms never made it through Congress–it was decided by the courts. So Judge Kavanaugh is a threat to that status quo. He would probably be the fifth vote on the Supreme Court who would bring common sense back into the picture. The fact that he believes in the Constitution is a major threat to the hold the liberal wing of the Democrat Party (is there any other wing?) has on the Supreme Court. That is what this is really about.

Is anyone taking odds as to whether Professor Ford is going to be present at her hearing on Thursday?

The Victim Who Wasn’t Really So Much Of A Victim

When is a victim not a victim? Well, maybe when his ‘victimization’ is the result of his own attitudes and actions. American Thinker posted a story today about the side of Trayvon Martin the media has somehow neglected to show us.

While painting George Zimmerman as a racist who murdered a saintly black man, the media left out a whole bunch of information as to who Trayvon Martin was. The American Thinker posted evidence released by George Zimmerman’s attorneys showing that Mr. Martin obviously had a rather large chip on his shoulder and a tendency toward drugs and violence. The article details some of Trayvon Martin’s training and use of mixed martial arts in his rather violent existence. I strongly suggest following the link above and reading the entire article.

The article reminds us:

Before leaving for Orlando on February 21, 2012, Martin had already missed 53 days of school that year and been suspended three times, most recently for possessing drug paraphernalia, the time before that for getting caught with women’s jewelry and a burglary tool.  Why might this be relevant?

 When George Zimmerman first spotted Martin near the shortcut into a community plagued by burglaries and home invasions, he told the dispatcher, “This guy looks like he’s up to no good.  Or he’s on drugs or something.”  Zimmerman might have been right on both counts.

 Had the school district police not been ordered to suppress crime statistics, especially for black males, Martin would likely have been arrested at least twice, and that might have snapped his parents out of their fog.  Instead, as the new evidence reveals, he was allowed to live out his increasingly angry, aberrant life as though he were merely a bit mischievous.

Supposedly in the American justice system, a man is innocent until proven guilty. For some reason, the media has decided to try George Zimmerman in the press and declare him guilty. In order to do this, the press has had to overlook some pretty strong indications that Trayvon Martin was not the choir boy they are painting him as. Hopefully, the trial of George Zimmerman will be more objective than the press coverage surrounding the case.

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