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A Case of Hope Over Experience: The J6 Referral Falls Short of a Credible Criminal Case
jonathanturley.org ^ | 12/20/2022 | jonathan turley

Posted on 12/20/2022 7:44:15 PM PST by bitt

This week the January 6th Committee voted to make criminal referrals to the Justice Department, including the proposed indictment of former President Donald Trump. However, the Committee’s splashy finale lacked any substantial new evidence to make a compelling criminal case against former President Donald Trump. The Committee repackaged largely the same evidence that it has previously put forward over the past year. That is not enough. Indeed, the reliance on a new videotape of former Trump aide Hope Hicks seems a case of putting “hope over experience” in the criminal Justice system.

While still based largely on the failure to act, Rep. Adam Schiff (D., Cal.) insisted that “if that’s not criminal, nothing is.” The opposite may be true from a First Amendment perspective. If the failure to act is criminal, it is hard to see what would not be criminal under this standard.

After members like Schiff, again, promised new evidence to support criminal charges, the Committee continued its pattern of rehashing previously known evidence with network-quality videotapes.

The failure of the Committee to offer any new and direct evidence of criminal conduct was obvious at the outset. Vice Chair Liz Cheney began her remarks by again detailing what Trump failed to do. It was a repeat of the prior hearings and for some likely left the impression of actors who are refusing to leave the stage long after the audience departed.

The one new piece of evidence was largely duplicative. It shows former aide Hope Hicks saying that she also called upon Trump to make a public statement calling for peace and telling him that there is no evidence of systemic fraud. Nevertheless, the videotape has been heralded by figures like former acting Solicitor General Neil Katyal on MSNBC as “evidence I’ve never seen before from Hope Hicks.” Katyal bizarrely claims “I think that tells you all you need to know about premeditation. Call it criminal intent. The House committees evidence here is very strong.”

So all you need for premeditation is the failure to accept the weight of evidence or to act promptly after the start of a riot. Katyal might “call it criminal intent” but many judges would likely call it something else.

...more


TOPICS: Crime/Corruption; Editorial; Front Page News; Government; Politics/Elections
KEYWORDS: 6; criminalcase; j6referral; jan; turley
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1 posted on 12/20/2022 7:44:15 PM PST by bitt
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To: null and void; aragorn; EnigmaticAnomaly; kalee; Kale; AZ .44 MAG; Baynative; bgill; bitt; ...

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2 posted on 12/20/2022 7:44:27 PM PST by bitt (<img src=' 'width=50%>)
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To: bitt
I hope Mr Turley isn't suggesting that The Big Guy's Department of Just Us,always adhering...first and foremost...to the rule of law,will glance at this referral and toss it in the trash.
3 posted on 12/20/2022 7:54:09 PM PST by Gay State Conservative (No Doubt Now: Stolen Election)
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To: bitt

Doesn’t matter - the WEF has put out the hit and its willing sheep will follow through. Suspect they know that any criminal charges will be thrown out by an honest court - the game will be to put that off as long as possible.

Still not sure if they are trying to deny President Trump the nomination or if they are trying to make sure he is the nominee.


4 posted on 12/20/2022 7:54:13 PM PST by Some Fat Guy in L.A. (Still bitterly clinging to rational thought despite its unfashionability)
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To: bitt
A Case of Hope Over Experience: The J6 Referral Falls Short of a Credible Criminal Case

Didn’t we kind of know this, from, shall we say, day one?

5 posted on 12/20/2022 7:56:27 PM PST by Mark17 (Retired USAF air traffic controller. Father of USAF pilot. USAF aviation runs in the family )
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To: bitt

Bkmk


6 posted on 12/20/2022 7:58:44 PM PST by sauropod (Fascists also buy Comcast cable packages" - Olby - Wanna buy mine?)
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To: bitt

Adam Schiff is one of the biggest POS in Congress. He does have a lot of company though.

Good to hear this from Turley. IMHO Turley has a left tilt. I heard Alan Dershowitz say virtually the same thing the other day.


7 posted on 12/20/2022 8:00:07 PM PST by Parley Baer (WI)
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To: Parley Baer
Yes,both Turley and Dershowitz vote democrat...but they,unlike 99% of the Rat Party's most influential hacks,believe that laws apply to *everyone* and the safeguards in our Constitution protect *everyone*.
8 posted on 12/20/2022 8:09:57 PM PST by Gay State Conservative (No Doubt Now: Stolen Election)
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To: Parley Baer

Both of them can be very fair to Trump, which is unusual for liberals. They are to be commended for being reasonable.


9 posted on 12/20/2022 8:10:23 PM PST by PghBaldy (12/14/12 - 930am -rampage begins... 12/15/12 - 1030am - Obama team scouts photo-op locations.)
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To: bitt

It doesn’t matter if the J6 referral falls short of a credible criminal case, this corrupt DOJ and FBI will ensure there is an indictment.


10 posted on 12/20/2022 8:15:09 PM PST by falcon99 ( )
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To: bitt

so is smith going to use this as an excuse to spy on Trump and everyone around him


11 posted on 12/20/2022 8:16:50 PM PST by joshua c (to disrupt the system, we must disrupt our lives, cut the cable tv)
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To: bitt
The purpose of the referred charges is for innuendo and the personal destruction of Trump's image and electability. Next...the tax returns are to be released.

These rectal vents have absolutely no morals but...sadly, all of this is working.

12 posted on 12/20/2022 8:21:01 PM PST by pfflier
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To: bitt
The purpose of the referred charges is for innuendo and the personal destruction of Trump's image and electability. Next...the tax returns are to be released.

These rectal vents have absolutely no morals but...sadly, all of this is working.

13 posted on 12/20/2022 8:22:28 PM PST by pfflier
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To: PghBaldy

Both men seem to love the law and the Constitution. As such they view the law through a nonpartisan lens. I do not think Turley liked Trump, I do think he has been fair in his analysis. I believe he is concerned by the behavior of the RAT party in recent years, the lawlessness that has overtaken DC in its efforts to control us and get rid of Trump.


14 posted on 12/20/2022 8:49:24 PM PST by OldGoatCPO (No Caitiff Choir of Angels will sing for me. )
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To: bitt

“ left the impression of actors who are refusing to leave the stage long after the audience departed.”

Some of us were never stupid enough to participate in this sham show at all


15 posted on 12/20/2022 8:50:07 PM PST by NWFree (Somebody has to say it 🤪)
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To: pfflier

Maybe, maybe not. The Manhattan DA has not gotten Trump on anything criminal despite claims she would. Russia, Russia Russia lies and the Mar Lago raid are over the top. J6 political prisoners, the unaccountable Capital Police and the Kangaroo Court called the J6 Committee. People are starting to believe that everything they say against Trump are lies. That may work in Trumps favor, IF, he gets better advisors. I am not sure how the DOJ charges Trump if he declassified any of the seized documents prior to leaving the White House. Hard to see how they get around that. I read there is not even an official method for a President to declassify something. Apparently all he had to say was declassify it prior to Biden being sworn in. If it falls apart it will be a boost for Trump.


16 posted on 12/20/2022 8:58:01 PM PST by OldGoatCPO (No Caitiff Choir of Angels will sing for me. )
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To: bitt

By fiat, they have already announced his guilt and have declared that he can never run for office again. Ms. Cheney gots that power.


17 posted on 12/20/2022 8:59:26 PM PST by Pilgrim's Progress (http://www.baptistbiblebelievers.com/BYTOPICS/tabid/335/Default.aspx D)
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Turley should be the defining point of tolerance towards the Left.


18 posted on 12/20/2022 9:43:52 PM PST by Gene Eric (Don't be a statist!)
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To: bitt

As if the Stasi, sorry the FBI, needs an excuse to lock up their political enemies without cause.


19 posted on 12/20/2022 10:06:05 PM PST by Organic Panic (Democrats. Memories as short as Joe Biden's eyes)
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To: bitt

To Schiff, nothing is criminal. He’s so full of Schiff, it’s coming out his ears. He went to law school, and it’s law school law that a failure to act is not criminal.


20 posted on 12/20/2022 10:11:57 PM PST by Eleutheria5 (Every Goliath has his David.)
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