Yes, this is not a civil trial, she is asking for a criminal complaint. So, the presecutor would bear the burden of proof to show a crime had been committed. Merely pointing out Rush said such and such is not enough. The prosecutor would have to show the statement was false, that rush knew it was false when he said it and on top of that would have to overcome the burden of showing that it was meant to harm a non public person. Rush has almost immunity given Fuke is a public person by allowing herself to be used in a publicity stunt by the dems in Congress. To get this past any hearing in the pretrial phase would be harder than picking the superfecta.
On the other hand, don’t dismiss what a prosecutor in liberal palm beach may actually do i.e. file a charge after all, we know any prosecutor can indict a ham sandwich if they choose to do so.
Your points are well taken, however there are some issues at hand here. First, Gloria Allred HAS NO STANDING, nor does the organization that she is representing.
This is a CRIMINAL charge, not a civil infraction. The only person who can bring “charges” against Rush would be Fluke, then she would have to file a police report and get a prosecutor to actually go along with this.
Since this is a 1st degree misdemeanor, the worst that could happen to Rush under the penalty section of Florida law would be a prison term of up to one year. (HIGHLY UNLIKELY) or a fine not to exceed $1,000. (THAT’S NOT GOING TO HAPPEN EITHER.)
And, in all probability, the constitutionality of the underlying statute would be questioned in an Appeal situation ie: “equal protection clause.”
It is nothing more than Allred looking for some way to insert herself into the media circus this has become.
I don’t know what states she is licensed to practice law in, but someone ought to look at the number of high-profile “clients” she has trotted out over the years and see what, if any, litigation she has proffered these people.
I would bet, she has violated her oath as an attorney numerous timess over the years and if a complaint were filed in the state of her licensure, she may have a whole lot of explaining to do.
This is the oath for Michigan. Please notice paragraph 7. It doesnt’ say her client...it refer’s to all parties.
Maybe Gloria ought to take a look at her oath again.
I do solemnly swear (or affirm):
I will support the Constitution of the United States and the Constitution of the State of Michigan;
I will maintain the respect due to courts of justice and judicial officers;
I will not counsel or maintain any suit or proceeding which shall appear to me to be unjust, nor any defense except such as I believe to be honestly debatable under the law of the land;
I will employ for the purpose of maintaining the causes confided to me such means only as are consistent with truth and honor, and will never seek to mislead the judge or jury by any artifice or false statement of fact or law;
I will maintain the confidence and preserve inviolate the secrets of my client, and will accept no compensation in connection with my client’s business except with my client’s knowledge and approval;
I will abstain from all offensive personality, and advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which I am charged;
I will never reject, from any consideration personal to myself, the cause of the defenseless or oppressed, or delay any cause for lucre or malice;
I will in all other respects conduct myself personally and professionally in conformity with the high standards of conduct imposed upon members of the bar as conditions for the privilege to practice law in this State.