Posted on 04/12/2016 9:22:49 AM PDT by henkster
As a former prosecutor and now defense attorney, I’ve had a number of thoughts about Clinton’s case, which mostly deal with tactics and logistics and not so much with the actual evidence itself. For these thoughts, I put myself in the shoes of the U.S. Attorney who gets this case dumped in his lap. What, exactly, are you dealing with?
1. Your defendant, thanks to the very graft machine you are expected to prosecute, will have access to almost unlimited financial resources. Unless the FBI has identified all the shady “shell corporations” where Hillary has hidden her money, and you can get a Federal District Court judge to preliminarily freeze them pending prosecution, money will not be a problem in her defense. While I think the chances of asset seizure are doubtful, even if it could be done there are so many influential and powerful people who have staked so much on her presidency, they will continue to pay money for her defense.
2. Your legal opponents will be an all-star cast of the very highest powered criminal defense lawyers in the United States. They will compete with each other just for the honor and prestige of the defense in this case. They will be backed by completely partisan legal research efforts of all of the elite Ivy League law school professors. This will be a legal team that will make O. J. Simpson’s “Dream Team” look like a collection of third year law student interns at a big city public defender’s office.
3. The democrat controlled media/entertainment propaganda complex will go into overtime to spin this up as a “vast right wing conspiracy,” a politically motivated prosecution with no evidence behind it. They will play the “gender card,” since this is part of the Republican “war on women” to deny the first woman the white house. It will all be portrayed as orchestrated by Donald Trump, “misogynist in chief.” Whatever the PR line the Clinton defense team wants, the media will parrot endlessly.
4. You can expect to become the object of relentless personal ridicule by the entertainment wing of the propaganda complex. Jimmy Fallon, Clinton’s chief water-carrier, will spend a full minute of every night’s monologue belittling you in the public eye. Don’t forget the skits on SNL and the snide comments on “Weekend Update.”
5. All of this will be designed to shape juror perspectives in advance and bias them in her favor and against the prosecution. Even without that, it will be difficult to keep all of her admirers off the jury. In addition, this is not going to be an easy case for the average juror to wrap their heads around. It’s not Timothy McVeigh, who blew up a government building and murdered children. Jurors get that and aren’t sympathetic. This case is about a bunch of arcane e-mails going this way and that way, and money going that way and this way. It is an evidentiary labyrinth, in which the average juror can get lost. There is no visceral “you had me at hello” piece to this trial.
6. What are the odds this case would be filed before a District Court Judge that had been appointed by her husband? Or by 0bama? Or that covets an appointment to the Court of Appeals or Supreme Court, that could be done by the next President Clinton?
7. Your own confidence can be an issue; are you really sure your boss (Loretta Lynch) and her boss, Barack 0bama, have your back in all of this?
8. Then there is the timing of the trial itself. My first thought was that the case is so complex, that even if an indictment were filed today, it could not possibly be ready to try by November. But on further review, maybe it would behoove Clinton’s dream team of lawyers to push for a trial right away, and push you as the government to try the case early before you are ready. The poor presentation of a complex case dooms it to failure. In the meantime, as you stumble through a haphazard presentation of evidence, slogging away against the dogged defense of one half of her dream team, the other half of the dream team is watching you buy them time to prepare an iron-clad defense. In the meantime, the federal prosecutors are so busy hacking their way through the first line of defense, they are not prepared for what Clinton’s lawyers unleash on them. This was exactly the defense strategy carried out to perfection by O. J. Simpson’s lawyers, and if I were in charge of Clinton’s defense, I’d repeat it.
This case, as a criminal prosecution, has an entirely different dynamic than any other criminal prosecution. There is little question in my mind she committed many crimes with her server scheme. Proving it in Court is an entirely different matter, and those on this Forum who think it’s a slam dunk need to think again.
I don't post many articles and put it in News. Mods are free to move wherever they feel appropriate.
My friend defended Gotti Jr.
He said he COULDN’T believe the seemingly unlimited amount of money the govt had to throw at cases.
He was young and not the lead attorney.
Would the same apply in this case?
What you say makes sense.
The amount of resources available to the government is tremendous, but as in my point #7, how much will they actually commit? And even with Gotti’s resources, they pale next to Clinton’s.
Probably not. Not all government cases are funded equally I’m sure. They wanted Gotti bad because he had whipped them so many times before they finally were able to nail him.
Excellent synopsis. Hildebeast supporters deliberately choose not to accept the existence of any of the evidence uncovered thus far because they feeeeeeeeeeel that she has done nothing illegal. The corollary is that many on the right assume that she is guilty because of who she is and the evidence serves as confirmation bias.
I’ve read many an article and editorial and have found only a scant few that say “Good, bad, or indifferent, let’s see where the evidence leads us.”
Despite what Ødungo said, it’s ALL about politics.
I share your skepticism about finding a jury that will not be tainted. More than one federal prosecutor has told me that the inner-city juries are susceptible to jury nullification and I cannot believe that Hillary will not find many a sympathetic African-American on the panel.
I agree with your assessment that she is committed multiple crimes.
It would be fun to see what Bernie would do with her, but it would not be worth the damage he would otherwise do to the country.
I think he's a much better candidate than Hillary, having avoided the primary campaign focus on his mental status.
So my preferred outcome would be a poo throwing fight among the White House, DOJ, the FBI and the Clintonistas, to extend through to the election.
Jail time is for the little people.
Unfortunately, your analysis is spot-on.
There is little doubt that Hillary committed numerous felonies for mishandling classified materials. If things end there, I could see her skating. That said, with the IT guys getting immunity and Guccifier being extradited, the FBI may be digging up some real skeletons from Hillary’s closet. If Comey is going to strike at the Queen, I think it will be a much bigger blow than sending classified materials on a private email account.
Prosecution is for the little people.
Connected politicians and their financial backers can simply buy their way out of any prosecution.
Power corrupts, and absolute power corrupts absolutely.
The other stuff is too complex for Boobus americanus to understand, but "didn't pay their taxes"?
A slam dunk.
The "primary campaigns" reality show diminishes anyone who gets involved in it.
Witness on the Republican side: John Kasich (WHO???) beats Hillary by 10.
Trump and Cruz lose to her. I expect that any of the more popular Republican governors (that would exclude Christie, who's hated by Democrats and Republicans alike) would beat Hillary in a landslide.
I disagree about the crime syndicate activities. We’re just beginning to see that in the media. The Kremlin connection is a very recent example. The uranium deal is an older one that’s now getting traction. The bulk of the quid pro quo has not been revealed.
Hillary is vulnerable to public disclosure aided by Sanders who may see an opportunity to deep six her. She is most certainly vulnerable to Trump dragging the whole mess out in public and exposing the billions of reasons the Clinton’s engaged in racketeering, bribery, money laundering and tax evasion.
Have no doubt Clinton is on trial now whether the government lifts a finger or not. And she’s losing. As I’ve said before, I believe she will be out of the race due to “medical” reasons to stop her corruption from becoming Obama’s historical legacy or there’s a very real chance she will be subject to extrajudicial action at a time and place not of her choosing. She’s pissed off the wrong people.
The best we can hope for with Hillary is another,bigger stroke.
Obama sent the bat signal yesterday that Hillary is untouchable. She’ll be nominated and soundly defeated by Trump unless Bill dies in October and then she’ll have a small chance to win on sympathy. Otherwise she will retire to her lair and prepare her spawn for future world domination.
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