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Absence of a Smoking Gun Doesn't Equate to Innocence
Townhall.com ^ | May 29, 2015 | Jonah Goldberg

Posted on 05/29/2015 5:39:57 AM PDT by Kaslin

Let's say, just for kicks, you murdered your husband (or wife). Your neighbors have been suspicious ever since your nightly arguments suddenly stopped, right around the time you put something large in your trunk and drove off in the middle of the night. Now they see you driving his car and putting his suits and golf clubs up for sale on eBay. The police find your explanations implausible and contradictory, and then you tell the cops to direct all future questions to your lawyer.

The good news is that you have fans. Some neighbors think you're the cat's pajamas. They come to you and say they want to defend you against this terrible accusation. What should you tell them to say on your behalf?

Frankly, I don't know what you should say, but I do have a good sense of what you shouldn't say: "Tell them there's no smoking gun."

You see, when people suspect you've committed a crime, insisting that there's "no smoking gun" is almost, but not quite, an admission of guilt. It is certainly very, very far from a declaration of innocence.

"I didn't do it!" -- that's a declaration of innocence.

"There's no smoking gun!" -- that's closer to, "You'll never prove it, nyah, nyah."

The origin of the phrase "smoking gun" comes from a Sherlock Holmes story, "The Adventure of the Gloria Scott." In Arthur Conan Doyle's tale, an imposter posing as a ship's chaplain commits murder. "We rushed on into the captain's cabin ... there he lay with his brains smeared over the chart of the Atlantic ... while the chaplain stood with a smoking pistol in his hand at his elbow."

Figuratively, when you have a smoking gun, there's no need for an investigation; you know for sure the culprit is guilty. But if the chaplain had thrown the gun out the porthole just in time, Holmes would not say, "Well, there's no smoking gun. This shall have to remain a mystery for all time. Oh, and let's give the chaplain here the benefit of the doubt."

I bring this up because every time there's a new revelation about the unseemly practices of the Clintons, every time a new trough of documents or fresh disclosures come to light, scads of news outlets and Clinton spinners insist that "there's no smoking gun" proving beyond all doubt that Hillary Clinton and the Clinton Foundation did anything wrong.

The guy who set the bar so low that it's basically stuck in the mud was ABC News' George Stephanopoulos. In a now-infamous interview with Peter Schweizer, author of the investigatory exposé "Clinton Cash," Stephanopoulos grilled Schweizer about his partisan conflicts of interest.

Despite Stephanopoulos' hostile tone, it was perfectly proper to note that Schweizer worked for George W. Bush as a speechwriter for a few months. The irony, of course, was that Stephanopoulos worked in a far higher position, for far longer, for the Clintons -- which Stephanopoulos did not mention. Nor did he disclose the fact that he was a donor to the very Clinton Foundation that was the focus of Schweizer's book.

Since that story broke, thanks to the Washington Free Beacon, Stephanopoulos has apologized at least three times for his actions.

What he hasn't apologized for is his yeoman's work making a smoking gun the new burden of proof.

When the State Department released a sliver of a fraction of the emails Hillary Clinton hadn't already deleted from her private stealth server, the Daily Beast ran a story with the headline "Sorry, GOP, There's No Smoking Gun In Hillary Clinton's Benghazi Emails." Ah yes, because the relevant news is whatever's bad for Republicans.

This week, the International Business Times reported that then-Secretary of State Hillary Clinton approved a huge spike in arms sales to repressive countries that donated to the Clinton Foundation, and that weapons contractors paid Bill Clinton huge sums for speeches at around the same time the State Department was approving their arms deals. Slate noted that "the IBT piece doesn't reveal any smoking-gun evidence of a corrupt quid-pro-quo transaction."

Now, obviously, if there is no smoking-gun proof of wrongdoing, the press should report that. But it might also note that many politicians and public figures have been prosecuted -- and convicted -- without the benefit of a smoking gun. Just ask former Virginia Gov. Bob McDonnell or, for that matter, Martha Stewart. The lack of a smoking gun in Chris Christie's "Bridgegate" scandal hardly deterred the media mob.

Only in the Clintonverse could the lack of a smoking gun be touted as proof of innocence.


TOPICS: Culture/Society; Editorial
KEYWORDS: armsdeals; billclinton; clintoncash; clintoncrimefamily; clintonfoundation; georgesteponallofus; jonahgoldberg; peterschweizer; stephanopoulos

1 posted on 05/29/2015 5:39:57 AM PDT by Kaslin
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To: Kaslin
Tangentially related -- the TV news seems obsessed with Hastert's little banking problem. Hey, I have nothing good to say about Hastert -- he's probably guilty, give him a trial, send him to prison -- makes no difference to me.

But Hastert is an old and obsolete politician whom no one has given any thought to for many years. And Hastert's problem involves a mere $3.5M, and it centers around rather odd laws about banking practices. Ho and Hum. But apparetnly this demands 24/7 TV coverage. (He's a Republican.)

Hillary? $100M? Decades of lies and corruption? Running for President? Contempt of Congress? Hiding evidence? Selling state secrets?
Nothing but a Yawner there, folks. TV news really can't be bothered with a "nothing" story like that.

2 posted on 05/29/2015 5:47:17 AM PDT by ClearCase_guy (Claire Wolfe should check her watch. It's time.)
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To: ClearCase_guy

Like I posted before, McDonnell’s problem wasn’t that he “took”. He just didn’t take ENOUGH.


3 posted on 05/29/2015 5:52:31 AM PDT by wastoute (Government cannot redistribute wealth. Government can only redistribute poverty.)
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To: Kaslin
I wonder if the "smoking gun" defense will work for Menendez? Not that I am a fan of his at all but man the circumstances are exactly the same - accepted gifts, actions by the US government that benefited the giver are taken shortly thereafter however, the burden of proof has now become a smoking gun for the Xlinton Crime Family, but only for the Xlinton Crime Family.
4 posted on 05/29/2015 5:53:23 AM PDT by capydick ("If we lose freedom here, there is no place to escape to. This is the last stand on Earth.")
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To: Kaslin
Talk about stretching a point. Other than the presence of a chaplain, a captain, and a smoking pistol, that isn't "The Gloria Scott." It wasn't a murder but a mutiny aboard a convict ship, the chaplain wasn't really a chaplain but a mutineer, there was never any question that he shot the captain, that part of the story is a letter/confession within the story, and Holmes was never there.

Somebody was in a hurry to make deadline.

5 posted on 05/29/2015 5:54:24 AM PDT by AnAmericanMother (Ecce Crucem Domini, fugite partes adversae. Vicit Leo de Tribu Iuda, Radix David, Alleluia!)
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To: Kaslin

6 posted on 05/29/2015 6:08:20 AM PDT by Travis McGee (www.EnemiesForeignAndDomestic.com)
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To: capydick

7 posted on 05/29/2015 6:09:15 AM PDT by Travis McGee (www.EnemiesForeignAndDomestic.com)
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To: AnAmericanMother

“Somebody was in a hurry to make deadline.”

He made his point very succinctly and well.


8 posted on 05/29/2015 6:19:21 AM PDT by odawg
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To: Kaslin

If you’re a progressive, and all the witnesses are gone and the emails disappeared, they you’re innocent.

(Even when there’s lots of evidence, it doesn’t mean anything because the revolution is alive and any evidence that exists is a sign that the revolution is progressing well.)

IMHO


9 posted on 05/29/2015 8:22:22 AM PDT by ripley
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To: odawg

Nope. If you’re going to make a citation, you verify your references. He can’t be bothered to do the most basic work of a writer. It makes him look either lazy or unlettered, so where else have those characteristics affected his work?


10 posted on 05/29/2015 10:00:41 PM PDT by AnAmericanMother (Ecce Crucem Domini, fugite partes adversae. Vicit Leo de Tribu Iuda, Radix David, Alleluia!)
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To: AnAmericanMother

His was not a research article. He cited the origin of the smoking gun” meme only as a side note to the type of proof required by George Stephanopoulas in his defense of Hillary, his most favorite person in the whole wide world. Goldberg was stating that when someone is accused of something, and the reponse is, “where is the smoking gun” then the person is probably guilty, i.e.

“I didn’t do it!” — that’s a declaration of innocence.

“There’s no smoking gun!” — that’s closer to, “You’ll never prove it, nyah, nyah.”

People have been convicted of murder without the “smoking gun”. Goldberg’s line of reasoning reminded me of William F. Buckley, his mentor.


11 posted on 05/30/2015 9:18:55 AM PDT by odawg
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