Yes, it's taken me a full day to recover from my shock and dismay about James Comey's the nonsensical statements yesterday that's sent the country into yet another tizzy. I have to admit, not knowing him on any personal level, many of his friends and colleagues are people I've long held in high esteem. He has been described as a true advocate of the Law. A hard-nosed, no nonsense guy who brings criminal to bear for their criminality.
Therefore, as you can imagine, I was more than shocked after his set-up for recommendations that turned bad when he stated no charges would be filed against Hillary Clinton for her grossly negligent handling of our State secrets.
Was it really a good day for Hillary Clinton?
When one really examines his verb, he damned Clinton; showing her as incompetent, unreliable and unethical as well as extremely careless (which is legal synonymous with gross negligence -- written verbatim in the laws she broke!) For those purposes, he eviscerated her character and proved her unfit for the office as President of the United States. Let's face it, now, if she were to apply for a file clerk job at the DOJ, she couldn't gain security clearance because of what he read from his report. How can a person be a president without being able to have security clearance?
Consequences?
What I saw beyond the obvious cover of Clinton Corruption - once again - was what this conclusion said to criminal defense lawyers everywhere. What did it mean to them and our court systems throughout the country. Is INTENT the new black dress of jurisprudence? A system succinctly explained by Aristotle as being Reason free of Passion?
One has to think of the various motions being filed yesterday at noon to every court across the country as enterprising young (and old) lawyers can see this an opportunity to exonerate clients based on the FBI's "new deal" in evidence gathering and interpretation. If I were a criminal defense lawyer, I'd be directing my staff to generate said motions a mile a minute.
No doubt some lawyers will capitalize or have clients calling them from county, asking for such a motion to be filed. And rightly so. The Clinton Defense has now established a precedence that we are all above the law as long as intent is absent from the inferences painted by evidentiary support.
So what does that mean in the big picture?
Well, if Jane Doe runs a stoplight trying to pick up her groceries after work and kills a child, her intent was not to kill. She didn't get in her car and say, "I'm going to run over innocent children." No! Now with what Comey said yesterday about lack of intent in Clinton's illegal private server investigation, it brings the following questions.
Should she be adjudicated? Should charges be filed for a Grand Jury to convene to ascertain whether indictment goes forward? Well, James Comey said NO and as head of the FBI, the overlords of all investigations in the land, that means something!
When will people in DC realize their actions (or lack thereof) have serious consequences. Killing our criminal justice system to protect a criminal is not just insane, it's suicidal.
While you may find these above defenses are indefensible to all logical thinking people, they are reality should State Attorneys and Law Enforcement be tasked to not only providing physical evidence and eye witness testimonies, but prove the intents of perpetrators. One can never really see into the eaves of another person's psyche -- very rarely can a prosecutor point to specifics in motive and intent in their prosecutorial arguments other than the evidence dictates as such. Thus, making this a precursor for indictment is impossible to prove. Certainly, it will empty out our state penitentiaries but those repeat offenders can continue to walk among us unfettered.
Now, knowing that I'm not a fan of our Speaker, I can say without hesitation, this is a rare moment where he and I actually agree that some accountability needs to occur from both the DOJ and FBI!
In the meantime, it looks like the court system officers, lawyers and defendants will be busy capitalizing on this momentary lapse of reason and judgment in our Judicial System's history.
Furthermore, Comey has now given a way for Donald Trump to also prove his opponent unfit for the presidency!
Seriously - you can't make this stuff up.
15 comments:
I don't recall in my law studies anyone ever citing intent as a rule to assess guilt or innocence. Reading this, it makes the FBI look more foolish to me.
Hillary as Commander-in-Chief of the U.S. military? How could she ever be trusted?
She lies to the public. She's betrayed most Americans' trust. She's a criminal. 1229, it's impossible to even entertain it, especially given what we heard yesterday.
12:18 - Exactly! The FBI looks very foolish and the next republican in office needs to reassess the future of the agency. The IRS and FBI both need to be replaced.
1251 agreed. The only honest federal agency at this point is the US Postal Service and even there, I have my doubts.
Many prominent people in the legal community look up to Jim Comey. He had a fantastic reputation. Why did he trash it is unthinkable to me. Was his family threatened? Did he just think he was like Don Quixote and is waiting for Trump's DOJ? Who knows, but for now, it's pretty sad to see a great man go down. He looked dejected when he practically sprinted out of the press conference. Head down and all. Just sad.
I'm going to yell, so brace yourselves.
SHE CANNOT BE TRUSTED!
I believe Obama and the Corrupt Clinton Cartel has something on Comey or threatened him. Guccifer was found dead in his cell in Virginia. They said it was suicide and I'm sure that's another lie. The second death connected to the Clinton's in 2 weeks...does this give pause for questioning???
Thornton hit the nail on the head!
146 There's more - another woman who was badly beaten by three assailants in Los Angeles. Many at the BBC speculate it's a result of her article which turned the FBI onto Clinton's unknown secret second server which Comey discussed yesterday.
Her name is Brenda Corpian.
From second article: "Brenda, one the most active stumpers for Donald Trump was beaten to within an inch of her life last week and left for dead in a trash dumpster in the eastern section of the city Las Angeles California."
Here's the link about the article: http://getoffthebs.com/brenda-corpian-bbc-send-fbi-looking-second-clinton-email-server/
The one about her attack: http://getoffthebs.com/brenda-corpian-expected-to-fully-recover/
I guess they were afraid of Brenda. She must tell the truth or that wouldn't have happened. I hope Brenda, that you are OK.
Comey might have a home gym......
I would guess that many of you have never even heard of James Comey before yesterday. In one day he becomes cast as Satan and a rock star in one fowl swoop! Ch-cha-Ching!
I don't have faith in Congress to get anything done. Look at what happened with Benghazi. It took them forever and a day yet still let her get away with the lies and deceit. How can we make any difference when the Clintons and their zombie legion are always thwarting everything? You say anything against her or Obama, you instantly a racist or sexist (or both in Obama's case.) So how do we know what to do about the Zombie brigade? Thornton, please tell?
The point of the Brenda story was to underscore the weird coincidences that shows the dead bodies trailing the Clintons. It seems that anyone who is unfortunate to cross their path one way or another seems to get screwed in the end.
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