On 5/19/2017 1:17 PM, PIBB wrote:
> Oh no...... "impossible proof" trolling once again.
Alan Dershowitz
By Alan Dershowitz
Published May 20, 2017
Fox News
Now Playing
Dershowitz questions Russia counsel: Where's the crime?
At a moment in history when the ACLU is quickly becoming a partisan left
wing advocacy group that cares more about getting President Trump than
protecting due process (see my recent op-ed in the Wall Street Journal,)
who is standing up for civil liberties?
The short answer is no one. Not the Democrats, who see an opportunity to
reap partisan benefit from the appointment of a special counsel to
investigate any ties between the Trump campaign / administration and
Russia. Not Republican elected officials who view the appointment as
giving them cover. Certainly not the media who are reveling in 24/7
“bombshells.” Not even the White House, which is too busy denying
everything to focus on “legal technicalities” that may sound like
“guilty man arguments.” Legal technicalities are of course the
difference between the rule of law and the iron fist of tyranny. Civil
liberties protect us all. As H.L. Mencken used to say: “The trouble
about fighting for human freedom is that you have to spend much of your
life defending sons of bitches: for oppressive laws are always aimed at
them originally, and oppression must be stopped in the beginning if it
is to be stopped at all.” History demonstrates that the first casualty
of hyper-partisan politics is often civil liberties.
Consider the appointment of the special counsel to investigate “any
links and/or coordination between the Russian government and individuals
associated with the campaign of President Donald Trump.” Even if there
were such direct links that would not constitute a crime under current
federal law. Maybe it should, but prosecutors have no right to
investigate matters that should be criminal but are not.
This investigation will be conducted in secret behind closed doors;
witnesses will be denied the right to have counsel present during grand
jury questioning; they will have no right to offer exculpatory testimony
or evidence to the grand jury; inculpatory hearsay evidence will be
presented and considered by the grand jury; there will be no presumption
of innocence; no requirement of proof beyond a reasonable doubt, only
proof sufficient to establish the minimal standard of probable cause.
The prosecutor alone will tell the jury what the law is and why they
should indict; and the grand jury will do his bidding. As lawyers quip:
they will indict a ham sandwich if the prosecutor tells them to. This
sounds more like Star Chamber injustice than American justice.
And there is nothing in the constitution that mandates such a kangaroo
proceeding. All the Fifth Amendment says is: “no person shall be held to
answer for a capital, or otherwise infamous crime, unless on a
presentment or indictment of a Grand Jury.” The denials of due process
come from prosecutorially advocated legislative actions. The founding
fathers would be turning over in their graves if they saw what they
intended as a shield to protect defendants, turned into a rusty sword
designed to place the heavy thumb of the law on the prosecution side of
the scale.
Advocates of the current grand jury system correctly point out that a
grand jury indictment is not a conviction. The defendant has the right
to a fair jury trial, with all the safeguards provided in the
constitution. But this ignores the real impact of an indictment on the
defendant. Based on a one sided indictment alone, the “ham sandwich” can
be fired from his or her job or suspended from university. Consider what
happened to the Arthur Andersen company and its thousands of employees
when it was indicted for obstructing an official proceeding by
destroying records relating to one of its clients. Although Andersen was
ultimately vindicated, the indictment itself forced it into bankruptcy
causing a loss of thousands of jobs and millions of dollars in
shareholder values. Many individual have been indicted on the basis of
one sided grand jury prosecutions and subsequently acquitted after a
fair trial. Many of these individuals also suffered grievously as the
result of being unfairly indicted.
Consider the consequences of an indictment by the special counsel’s
grand jury in this matter. Not a conviction – just an indictment handed
down by a grand jury that heard only one side in secret. It depends, of
course on who the indictment named. In the Nixon case, for example, the
president was named as an unindicted coconspirator by the Watergate
grand jury. This meant that he could not even defend himself at a trial.
I was on the national board of the ACLU at the time. And although I
despised Nixon and campaigned for his opponent, I wanted the ACLU to
object to the unfairness of a one sided grand jury naming him as an
unindicted co conspirator.
http://www.foxnews.com/opinion/2017/05/20/dershowitz-muellers-special-counsel-appointment-begs-question-are-our-civil-liberties-now-at-risk.html