Prosecutors are a problem , whether they are sitting in the Department of Justice or County District Attorney offices. That is because an overlooked flaw in the law has rendered them absolutely immune from any review by anyone. Prosecutors enjoy absolute immunity (what Barr is trying to claim for the POTUS) because, as was explained during an oral argument before the SCOTUS, the function of the prosecutor was presumed to be purely ministerial, to forward information from the executive branch to the judicial. Plea bargaining and political ambition influencing decisions was not considered. Congress could correct the omission but has not done so, so far.
A Special Prosecutor is currently reviewing Cook County State's Attorney Kim Foxx's dismissal of the case against actor Jussie Smolett for filing a false police report. Smolett claimed to be the victim of a hate crime, having been beaten because he was black and gay, but investigation showed that he had himself hired the two men involved. Foxx's office justifies the dismissal on the grounds that Smolett had voluntarily agreed to community service and a financial penalty equivalent to the likely sentence.
Ah, the compliant perp. The culture of obedience thrives on the compliant criminal and habitual offenders know it. Ego trumps reality and the community pays the price. Oddly enough, the notion that governmental functions should pay for themselves is supportive of the prosecutor’s autonomy. In our recent case, the district attorney agreed to dismiss the case, if we agreed to pay $300 in court costs. Our lawyer, who, of course, got paid up front thought it a good deal. We disagreed and insisted on a jury trial. Then the judge threw the case out and we had no chance to demonstrate where and how the system failed. However, the legal community is now suggesting that law enforcement be shifted from the county to the sheriff. Which will not address the prosecutorial attitude. The other side of prosecutorial bargaining is that individuals who have nothing end up in prison. Our lawyer, a member of the ACLU, has little sympathy for the indigent because he expects to get paid.
while I am here, let me just opine that I do not favor any of our Senators for the POTUS slot. One of the governors would have been good, or the unemployed O’Rourke. Buttigied strikes me as sperficial and callow. In addition to being Trump’s apparent choice, Biden was a disappointing side-kick. Friends in NH are impressed by Yang and Bloomberg.
HOW the heck is this okay?!! 😡 How about all the political leaders grow some humility and let the voters decide for themselves, huh?!!! Grrrrr!! Did the DNC learn nothing last time??!!
I saw the story and was frosted at first, but then discovered what Bill said; the headline was misleading. I'd say they are far less significant than HRC, who evidently attacked Bernie again in a podcast--or maybe that was a new report of the same incident that was reported a day or two ago; I didn't bother to investigate. In any event, it is definitely out of order. I'd say her behavior is reminiscent of Trump, and shows I was right not to vote for her.
“A statement by DNC Chairman Tom Perez rejected the idea of doing away with the superdelegate reform. "Absolutely not. We put in the work to ensure power was returned to the grassroots. We will be following the rules set forth by the DNC. We will not bend on this; we will not change our rules," he tweeted in response to the Politico report on Friday.”
Krugman: Does It Matter Who the Democrats Choose? In terms of actual policy, probably not very much. [Click] I am reminded of the old story about the businessman who had an all-purpose letter to send to cranks: “Dear Sir or Madam, as the case may be: You may be right.”
ReplyDeleteKlobuchar Faces Uproar Over Her Role in Black Teenager’s Murder Conviction. [Click] “Amy Klobuchar has often spoken about her prosecution of the teenager in an 11-year-old girl’s murder. This week, an Associated Press report pointed to flaws in the case.”
ReplyDeleteBernie Sanders Leads Trump, All 2020 Candidates in Donations From Active-Duty Troops [Click] “The Vermont senator outpaces Trump in military fundraising and has doubled his nearest Democratic rival.”
ReplyDeleteThat calls for a toast!
DeleteYes, that is a significant change; as memory serves me, active duty personnel have been inclined towards the GOP since Nixon ended the draft.
DeleteProsecutors are a problem , whether they are sitting in the Department of Justice or County District Attorney offices. That is because an overlooked flaw in the law has rendered them absolutely immune from any review by anyone. Prosecutors enjoy absolute immunity (what Barr is trying to claim for the POTUS) because, as was explained during an oral argument before the SCOTUS, the function of the prosecutor was presumed to be purely ministerial, to forward information from the executive branch to the judicial. Plea bargaining and political ambition influencing decisions was not considered. Congress could correct the omission but has not done so, so far.
ReplyDeleteA Special Prosecutor is currently reviewing Cook County State's Attorney Kim Foxx's dismissal of the case against actor Jussie Smolett for filing a false police report. Smolett claimed to be the victim of a hate crime, having been beaten because he was black and gay, but investigation showed that he had himself hired the two men involved. Foxx's office justifies the dismissal on the grounds that Smolett had voluntarily agreed to community service and a financial penalty equivalent to the likely sentence.
DeleteAh, the compliant perp. The culture of obedience thrives on the compliant criminal and habitual offenders know it. Ego trumps reality and the community pays the price. Oddly enough, the notion that governmental functions should pay for themselves is supportive of the prosecutor’s autonomy. In our recent case, the district attorney agreed to dismiss the case, if we agreed to pay $300 in court costs. Our lawyer, who, of course, got paid up front thought it a good deal. We disagreed and insisted on a jury trial. Then the judge threw the case out and we had no chance to demonstrate where and how the system failed. However, the legal community is now suggesting that law enforcement be shifted from the county to the sheriff. Which will not address the prosecutorial attitude. The other side of prosecutorial bargaining is that individuals who have nothing end up in prison. Our lawyer, a member of the ACLU, has little sympathy for the indigent because he expects to get paid.
Deletewhile I am here, let me just opine that I do not favor any of our Senators for the POTUS slot. One of the governors would have been good, or the unemployed O’Rourke. Buttigied strikes me as sperficial and callow. In addition to being Trump’s apparent choice, Biden was a disappointing side-kick. Friends in NH are impressed by Yang and Bloomberg.
ReplyDeleteSenate enters swimsuit competition portion of Trump impeachment trial [Click] FOUR DAYS AGO! Why didn’t anyone here tell me about it?!!!
ReplyDeleteAwh, poor Alan. LOL
DeleteHOW the heck is this okay?!! 😡
ReplyDeleteHow about all the political leaders grow some humility and let the voters decide for themselves, huh?!!! Grrrrr!!
Did the DNC learn nothing last time??!!
DNC members discuss rules change to stop Sanders at convention
https://www.google.com/amp/s/www.politico.com/amp/news/2020/01/31/dnc-superdelegates-110083
That's a small group who admit they have little to no chance of actually getting the rules changed.
DeleteNo, Listener, they didn't learn.
DeleteI sure hope you're right, Bill!
I saw the story and was frosted at first, but then discovered what Bill said; the headline was misleading. I'd say they are far less significant than HRC, who evidently attacked Bernie again in a podcast--or maybe that was a new report of the same incident that was reported a day or two ago; I didn't bother to investigate. In any event, it is definitely out of order. I'd say her behavior is reminiscent of Trump, and shows I was right not to vote for her.
Delete“A statement by DNC Chairman Tom Perez rejected the idea of doing away with the superdelegate reform.
Delete"Absolutely not. We put in the work to ensure power was returned to the grassroots. We will be following the rules set forth by the DNC. We will not bend on this; we will not change our rules," he tweeted in response to the Politico report on Friday.”
https://www.washingtonexaminer.com/news/dnc-members-spooked-by-bernie-sanders-discuss-returning-power-to-superdelegates
Well, phooey. No Iowa Poll. [Click] Sounds like an overreaction to me.
ReplyDeleteI suspect they dropped it because Bernie was ahead.
DeleteI accept that they dropped it because they valued their reputation highly.
Delete