Tag Archives: Prosecutorial Abuse

God Must Intend for Us to Work for Justice Because He Made So Much Injustice to Correct

SISTER MEGAN RICE is an 82-year old Catholic nun. She participated in a nonviolent demonstration against nuclear weaponry which resulted in a trespass at a nuclear power plant. Usually simple trespass is dismissed with a fine or a day or two in the hoosegow.

Attorney General Eric Holder and the Obama Justice Department wants to make an example of this nun and her friends and so have augmented charges so as to impose a 16 year criminal sentence. But even that “death sentence” isn’t enough for the Government to prove its point, the Department is considering even more serious charges which could entail a sentence of 65 years.

Really? Is that what the Government wants to do? Make such an example of minimal misdemeanor offenses so as to turn it into a felony. Banksters rob the country of BILLIONS and they get invited to the White House to dine. Bishops coverup massive child abuse and they are consulted for their ethical advice. A nun trespasses and she is banged up with a chamber pot for what remains of her natural life.

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P.S. Most people think, quite naturally, that if one commits an offense then one is charged for that offense. It doesn’t work that way. For any possible set of actions there are prospectively 20 or 30 would-be charges. Prosecutors can charge various different things for the very same offense. So while the Sister only trespassed she may do time for all sorts of things. For example, when Martha Stewart was supposedly involved in insider trading, the prosecutor couldn’t find any evidence to support that charge. So he charged her with “lying”. Yes, she lied to a Federal Officer when she said she was innocent of insider trading and did time, not for insider trading, but for lying. It’s a strange, strange world we live in, Master Jack.

 

The Humbuggery of the Law

Dickens has one of his characters opine, “if that is the Law, Sir, the Law is a humbug.” He was quite right.

One watches the continuing spectacle that is the persecution — prosecution of former Illinois Governor Rod Blagojevich. “Blago” was bounced out of office for undetermined crimes, at least none that have been determined in public nor for which he has been found guilty in a court of law. He appears to be a typical Chicago pol but if that is a crime itself then there should be a vacancy in the White House.

The most outstanding case in our times was the railroading of Martha Stewart. People generally believe that Martha was jailed for violating a law against “insider trading”. Not true. Although the prosecution continually hyped its favored press stooges with this story, she was never charged with insider trading. She was charged with saying she was innocent and that charge was so absurd that the judge threw it out. She was then finally convicted of “obstruction of justice”.

What indeed is Obstruction of Justice? Who knows! I’ve been a licensed practicing attorney for 31 years and I as of yet have no conception what obstruction of justice is. It appears to be whatever a prosecutor wants to charge you with when he has nothing real.

The public doesn’t know that the prosecutor in the Stewart case never intended Martha to go to prison. She was supposed to cop a plea like every other defendant, admit that the prosecutor was right, pay a fine and allow the lawyers their day in the headlines. Martha, mistakenly, believed in the integrity of the legal system and chose to fight. No one should ever make the error of fighting for their innocence, the system is set up under the presumption that all are guilty as charged regardless of the evidence.

What about the original charge of Insider Trading? The reader may be surprised to learn that there is no statutory law, that is a law enacted by Congress, which makes insider trading unlawful. Insider Trading is defined by an administrative regulation promulgated by an appointed board and enforced by administrative action. And at that no one has a clear understanding as to what constitutes the elements of the presumed “crime”. It is quite frankly whatever the government says it is.

Another case in point that of Ben Lacy. Ben ran a apple farm and apple juice production facility. He erred in the submission of one or more of the interminable forms that are required by Government which brought him under the eye of Regulators and ultimately Prosecutors.

Suspcious that he was covering up pollution of a stream on his property the Feds undertook an investigation. Keep in mind that a government investigation is not the effort to determine guilt, it is the project of assuring guilt regardless of the facts. The stream tested pure. But that did not stop the prosecution. Once accused, they needed to confirm guilt.

After the passage of time, continuing investigation, continuing legal struggle, the case against Lacy was thrown out. He won — Justice prevailed. Not quite, Ben Lacy’s business was destroyed and he was financially ruined. Destroyed by prosecution for a “crime” which he never committed.

There are so many laws, state and federal, that no one can get through a week without inadvertently violating at least one of them. The only reason we’re not all in jail is that we’re just not important enough to be worth the time. Offend a prosecutor or a judge or a cop and the evidence can be found to put you away, or destroy you.