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TRAIN WRECK: Rittenhouse Prosecution Implodes With State Witness Richard McGinnis of Daily Caller
Legal Insurrection ^ | 4 Nov 21 | Andrew Branca

Posted on 11/05/2021 5:24:04 AM PDT by Politically Correct

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To: ClearCase_guy
-- If the prosecution is obligated to bring the case to court (I'm not precisely sure where the obligation would come from ... --

Prosecutorial ethics. Roughly don't bring a case unless the facts incline to a guilty verdict. Prosecutor is supposed to have a grasp on affirmative defense side too, self defense in this case - but the ethical rules do not say this expressly. Bringing a case solely due to political pressure is an ethical violation.

There is generally no penalty or risk for making an ethical violation. The rule is a paper tiger. ABA's Model Rules of Professional Conduct -- there is probably a state version of this

The prosecutor in a criminal case shall:

(A) Not institute or continue to prosecute a charge that the prosecutor knows is not supported by probable cause;

(B) Make reasonable efforts to assure that the accused has been advised of the right to, and the procedure for obtaining, counsel and has been given reasonable opportunity to obtain counsel;

(C) Not seek to obtain from an unrepresented accused a waiver of important pretrial rights unless the tribunal has approved the appearance of the accused in propria persona;

(D) Make timely disclosure to the defense of all evidence or information known to the prosecutor that the prosecutor knows or reasonably should know tends to negate the guilt of the accused, mitigate the offense, or mitigate the sentence, except when the prosecutor is relieved of this responsibility by a protective order of the tribunal; and ...

Rule 5-110 Special Responsibilities of a Prosecutor
21 posted on 11/05/2021 6:36:55 AM PDT by Cboldt
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To: ClearCase_guy

Malicious compliance on behalf of the AD? Interesting.


22 posted on 11/05/2021 6:41:33 AM PDT by RinaseaofDs
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To: Politically Correct

Isn’t that called “Badgering the Witness?”


23 posted on 11/05/2021 6:43:03 AM PDT by left that other site (A Man Without Self-Control is like a City Broken Into and Left Without Walls (Proverbs 25:28))
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To: eartick

Simple. Succinct. Accurate. You sir have a firm grasp on the solution.


24 posted on 11/05/2021 6:43:33 AM PDT by 762X51
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To: Presbyterian Reporter

Very strange- the number of people (5) from the same family-Antaramian family- connected to the prosecution.


25 posted on 11/05/2021 6:47:50 AM PDT by Pajamajan ( PRAY FOR OUR NATION. NEVER be a peaceful quiet slave in a new socialist America.)
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To: Tell It Right

I think a book deal may be in his future. This isn’t the same as Zimmerman. Too many people see this kid as a hero. I certainly do.

Maybe politics is in his future.😉


26 posted on 11/05/2021 7:28:09 AM PDT by cuban leaf (My prediction: Harris is Spiro Agnew. We'll soon see who becomes Gerald Ford, and our next prez.)
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To: Michael.SF.

There is another message being sent by the prosecution: yeah we may lose this case but we sure F’d this kids life up didn’t we?


I also compare that to the Pearl Harbor “win”. This kid has a long life ahead of him, probably. This can be just the growth experience he needs to become a significant force once his brain fully developes (typically age 25).

Sometimes we learn the most from the things that hurt us the most.


27 posted on 11/05/2021 7:30:33 AM PDT by cuban leaf (My prediction: Harris is Spiro Agnew. We'll soon see who becomes Gerald Ford, and our next prez.)
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To: Cboldt

“If there is a next time the right properly uses force of violence in self defense, this prosecutor would charge them, too.”

According to the Centers for Disease Control and Prevention, almost every major study on defensive gun use has found that Americans use their firearms defensively between 500,000 and 3 million times each year. There’s good reason to believe that most defensive gun uses are never reported to law enforcement, much less picked up by local or national media outlets.

https://datavisualizations.heritage.org/firearms/defensive-gun-uses-in-the-us/

Well, look at that. That means between 500,000 and 3 million defensive uses of weapon were NOT prosecuted.


28 posted on 11/05/2021 7:40:28 AM PDT by sergeantdave (Federal courts no longer have any standing in America. )
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To: Politically Correct

All democrats, including DA lawyers, are the enemy. Treat them as such.


29 posted on 11/05/2021 7:49:20 AM PDT by joma89 (Buy weapons and ammo, folks, and have the will to use them.)
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To: Politically Correct

Don’t celebrate yet. Juries can be fickle and juries can completely ignore the evidence as they did in the OJ case and the George Floyd “murder” case.


30 posted on 11/05/2021 7:58:22 AM PDT by libertylover (Our biggest problem, by far, is that most of the media is hate & agenda driven, not truth driven.)
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To: Cboldt

Seems to me these prosecutors need to be ousted from their jobs.


31 posted on 11/05/2021 8:02:44 AM PDT by MercyFlush (DANGER: You are being conditioned to view your freedom as selfish)
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To: Michael.SF.

Agree this is in part to keep anyone else from helping to quell the ANTIFA/BLM riots.


32 posted on 11/05/2021 8:13:26 AM PDT by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped)
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To: Dr. Franklin

Yes, the prosecutor was leading a witness that refused to be led.


33 posted on 11/05/2021 8:43:49 AM PDT by seowulf (Civilization begins with order, grows with liberty, and dies with chaos...Will Durant)
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To: Politically Correct

Isn’t that called leading the witness?🤔


34 posted on 11/05/2021 10:59:12 AM PDT by BiteYourSelf ( Earth first we'll strip mine the other planets later.)
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To: Texas Fossil

When the Germans attacked?😏


35 posted on 11/05/2021 11:01:05 AM PDT by BiteYourSelf ( Earth first we'll strip mine the other planets later.)
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To: Socon-Econ

Won’t have to. There’s already a $2 million dollar bail that was put up. Kyle is under no obligation to return it once he is acquitted.


36 posted on 11/05/2021 11:12:33 AM PDT by Blood of Tyrants (When elections fail, we will either live under tyranny or rebel and throw it off.)
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To: Socon-Econ

Won’t have to. There’s already a $2 million dollar bail that was put up. Kyle is under no obligation to return it once he is acquitted.


37 posted on 11/05/2021 11:12:34 AM PDT by Blood of Tyrants (When elections fail, we will either live under tyranny or rebel and throw it off.)
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To: BiteYourSelf

Germans, ChiComs, Soros, some English officials.

The dispersion is broad and they are powerful enough to hard to prove were involved.

The Germans are still certain that they must rule Europe, and would prefer to rule the world. Totalitarianism appeals to their leaders.


38 posted on 11/05/2021 2:28:38 PM PDT by Texas Fossil ((Texas is not where you were born, but a Free State of Heart, Mind & Attitude!))
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To: cuban leaf; V K Lee; Liz; GOPJ; SunkenCiv
I have a theory about the prosecution here:

{The prosecution's] job in this particular case is not to win. It is to make it clear to a large enough part of the BLM/ANTIFA/leftist part of the population that, when the case against Kyle loses handily (which is inevitable), this one does not rise to the level of their “righteous indignation” - and subsequent rioting

* * *

Wow, what you say makes a lot of sense.  The public is being played to prevent another round of burning down cities.

In fact the photo of the prosecutor released today of his reaction to the witness admitting he aimed his weapon at Rittenhouse at the 3-foot range suggests the prosecutor is overacting.


39 posted on 11/09/2021 5:04:22 PM PST by poconopundit (Hard oak fist in an Irish velvet glove: Kayleigh the Shillelagh we salute your work!)
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To: poconopundit

They’ll have to change their names and leave town when they lose — otherwise it’ll be analogous to what happened with that “autogoal” goalie back in the 1980s down in S America.


40 posted on 11/09/2021 8:46:53 PM PST by SunkenCiv (Imagine an imaginary menagerie manager imagining managing an imaginary menagerie.)
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