Andrew McCarthy on Manafort and double jeopardy
I agree with McCarthy that this should make everyone afraid.
But it doesn’t. Some are applauding.
Well, as the New York Times notes, the New York state charges filed Wednesday are based on bank loans that were part of the fraud charges brought by Robert Mueller in the Virginia case. The Times says that “the Manhattan prosecutors deferred their inquiry in order not to interfere with Mr. Mueller’s larger investigation into Russian meddling in the 2016 election.” Having been in these tussles, I don’t buy that. The Manhattan prosecutors stood down because, once Mueller’s federal case went forward, they were out of luck.
And now, gamesmanship is the order of the day: The state prosecutors have brought a case they otherwise never would waste time on — not because the case should be done, but to try to block a pardon [by Trump, who can only pardon in federal cases].
This raw politicization of prosecutorial power ought to frighten everyone. Yet, solely because of Donald Trump and Paul Manafort, New York Democrats have been pushing to water down state double jeopardy protection — shamefully, as if civil rights were only for the ruling class’s political friends.
If Trump were to pardon Manafort, that would vitiate the federal prosecution. The point of the pardon is to excuse the offense as if it never happened. So, the idea is that if Manafort’s federal prosecution were to be voided, there would be no state double jeopardy bar against a subsequent New York State prosecution.
Everyone knows this is only happening because Manafort was thought to be a possible conduit towards getting Trump on some charge or other. So far it hasn’t worked. Everyone also knows that Manafort is almost certainly guilty. But that doesn’t mean he should be subject to double jeopardy.
McCarthy’s suggestion:
If I were representing Manafort, I would consider asking for a commutation, not a pardon. In a commutation, the president can reduce the sentence down to time served and spare the person any further prison time on the offense. Yet, the convictions stand.
I believe that as long as the federal convictions remain in place, Manafort would maintain his double-jeopardy protection against a future New York State prosecution based on the same conduct.
The Rodney King LAPD officers’ conviction was a classic example of double jeopardy by the Clinton DOJ.
They were tried and acquitted. Then they were recharged for civil rights violation using the same facts, They had saved King’s life. Melanie Singer, the CHP officer who was preparing to shoot him when the LAPD arrived, testified against the LAPD and then retired on disability. Stress disability.
I sent money to Stacey Koon’s family while he was in prison.
Again, (1) Democrats have no principles, merely improvisations. (2) Democrats believe that public institutions are theirs by right, and that when Republicans propagate their viewpoint, win elections, appoint judges, land a job on a state college faculty, modify school curricula, or broadcast a commentary on public radio an act of usurpation has taken place. (3) Democrats are fairly confident that the courts are sufficiently weaponized that these stratagems will never be turned against anyone they care about.
Re Commutation:
Excellent advice from McCarthy. Trump/Manafort should keep it in their back pockets.
There is no doubt that Manafort is not one of the good guys.
Nonetheless, it is very obvious–and becoming more obvious by the day–that this is malicious, selective prosecution, and extraordinarily harsh sentencing–both in terms of jail time, and the financial penalties imposed–for a non-violent, elderly defendant–guilty of white collar “crime” that a massive number of those in Washington are also guilty of, but are not prosecuted for.
It’s massive government overreach, using an A-bomb on an ant; the obvious intent of the prosecutors and the judge in this case is not to punish or to deter, but to destroy.
Such conduct confirms everyone’s suspicion that our legal system, our “authorities” are crooked, two tiered, and not to be trusted.
By how they have gone after Manafort, conducted this prosecution, and his sentencing recommendations, and jailed him prior to trial, they have proven themselves to have become essentially arms of the Left, and of the Democrat party.
Neither fairness nor justice has played any part in this matter.
Manafort is no good guy but this is nuclear war on Trump. The Podesta brothers were every bit as involved with Ukraine and Russia. Weissman showed us what he is with the Enron case. He destroyed a company and thousands of jobs in a case that was 100% reversed unanimously on appeal.
Doesn’t the so-called separate sovereigns doctrine still exist, such that NY State could prosecute for the same conduct in any event?
“Nonetheless, it is very obvious–and becoming more obvious by the day–that this is malicious, selective prosecution, and extraordinarily harsh sentencing–both in terms of jail time, and the financial penalties imposed–for a non-violent, elderly defendant–guilty of white collar “crime” that a massive number of those in Washington are also guilty of, but are not prosecuted for.” Snow on Pine
Of course but it is only ‘obvious’ to those paying attention… perhaps 15-25% of the public. Conservative political junkies. Everyone else is either; in denial, supportive of anything that attempts to bring down Trump, too apathetic to care or simply not interested in anything that doesn’t directly affect them.
The Left is “cutting down all the laws” and “when the winds blow”, those today not paying attention and/or in denial and those supportive of trashing “this land planted thick with man’s laws” will then bewilderingly ask, how did it come to this?
GB:
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him:he couldn’t
believe it(jesus
told him;he
wouldn’t believe
it)lao
tsze
certainly told
him,and general
(yes
mam)
sherman;
and even
(believe it
or
not)you
told him:i told
him;we told him
(he didn’t believe it,no
sir)it took
a nipponized bit of
the old sixth
avenue
el;in the top of his head:to tell
him
Well, wouldn’t it be great if, after Reps win in 2020, the start going after all those in DC who are also as guilty as the guys who have supported Trump.
Manafort is a little guilty — less so than Hillary, for instance.
Not innocent.
Where are the indictments over the Clinton (bribery, but don’t tell anybody) Foundation?
Trump should commute Manafort’s conviction now, tho he might also decide to wait until a) Mueller’s report, or b) after 2020 elections, or c) never.
The treatment of Manafort is a signal to all who would support Trump. Do not support Trump. We can ruin you. We will not hesitate to ruin you…..and your family. Do not support this man, Trump. That is all.
I’m not a lawyer and don’t even play one on TV, but even I thought of this.
Watt,
New York specifically outlawed prosecutions in its own jurisdiction if feds have already tried the same case. New York is now trying to change its own law just to be able to charge Manafort. This is true corruption.
Art Deco may be right, and Tom is hopeful he is not, because if double-jeopardy is okay for both the already-convicted and the already-acquitted, then it certainly ought to be okay for the never-indicted.
“…for the never-indicted.”
Indeed, in some (very special) cases, there is ZERO jeopardy.
https://www.foxnews.com/politics/doj-reached-agreement-with-clinton-lawyers-to-block-fbi-access-to-clinton-foundation-emails-strzok-says
The obvious question then is:
If ZERO jeopardy exists in America (and it should be clear for whom it exists), then why shouldn’t parents be able to buy their kids a spot in America’s top schools?
I continue to ask when will we have a Independent Court Auditing Branch?
A non-politically controlled Independent Justice system auditing branch that weeds out and convicts abusers in the various US and State level Justice Systems that have prosecuted, or over prosecuted to further personal and/or political agendas. This would include lawyers that abuse the system with meaningless delays.
Because without total accountability, the US Constitution and a poor mans civil rights are meaningless.
I think guys like Flynn and Papadopoulis are better examples of people attacked only because they supported Trump. Manafort is a crook and Podesta should be in the same hot water. In Cory Lewandowski’s book, he relates an anecdote that, right after being hired (by the Trump kids), Manafort asked the Trump financial guy for $5 million for “expenses” and was turned down flat. That sounds like his previous experience was talking. The financial guy has been with Trump since his father was alive and no fool.
Is Lindsey Graham really going to get a special prosecutor for Clinton emails?
I continue to hope so.
Tom Grey–I’m pretty tired of various politicians, calling for this or that to happen when, from the evidence, there isn’t a chance in Hell for any of these things to happen.
It’s just an attempt by these politicians to show that they’re “doing something,” that they’re ”courageous,” that their “heart is in the right place”–it’s “virtue signaling.”
Thus, for instance, how many people, collectively—Congressional Committee chairmen included—have called for the appointment of a second special prosecutor— a dozen, a dozen and a half, two dozen?
What about calls to “declassify” and release for public examination all of the documents involved in the Hillary email server matter, or in case of the FISA warrants? How many people have called for that?
How about the calls for the key players –Lynch, Clapper, Brennan, Comey, Page, Strzok, etc., etc. to be indicted, tried, and convicted? ** Any of that happening?
They’re, we’re all singing “some day my ship will come,” and looking hopefully at the horizon, but that ship never comes.
It’s pretty much all a charade, and the Deep State protects its own, throws a lot of chaff in the air, and moves on.
** Here’s a list someone put together of who they think are some of the chief people involved in just one of these major cases at http://thefederalist.com/2019/03/08/35-key-people-involved-russia-hoax-need-investigated/
Snow on Pine: amen
We’re really grasping at straws here.
Trump appoints Sessions and we say “yeah, Sessions ‘ll clean things up” and, then, he immediately ”recuses himself”–neuters himself–and does nothing.
Horowitz, the DOJ Inspector General, is touted as this incorruptible bulldog of an investigator, and you pin your hopes on him. He issues his long awaited reports and they’re full of artful dodging, they don’t nail anyone, they’re useless.
Wray comes in, and we think, “this time maybe they’ll clean things up” and, again, nothing.
Way back, Sessions appointed Huber, who was supposedly investigating away in the background—outside of the swamp and its baleful influence—and what has he produced that would serve to actually hold anyone accountable, to begin to “drain the swamp”?
Well, apparently nothing.
It seems as if no one who is a part of, who is immersed in the system—no one who has benefited from the system—really wants to clean up the system, to bust up the club, to derail the gravy train.
Or, perhaps, its just that “the System,” the Deep State, is just too powerful, is just too pervasive and deeply rooted, and that–given how deeply it’s rooted–no one really has enough actual power to uproot and break it up, to destroy it.
The Deep State=well established and invasive Bamboo, or perhaps Wisteria.
On this subject, we’ve also been told–time and time again–that “things are moving behind the scenes,” that, for instance, the “rank and file employees at the FBI are furious at what Comey and others at the highest levels of management have done.”
Yet, have we seen any mass resignations? Any leaks, and information from some sort of “Deep Throat,” any revealing documents slipped under a reporter’s door, or a thumb drive full of blockbuster documents left at a drop for someone who can broadcast this information far and wide?
The answer, unfortunately, is no.
So, I view all this talk about of “things moving under the surface” as just another way to string us along, and to give us hope that there will be a break in the dike, and that an avalanche of unequivocally incriminating information will pour forth.
But, it never does, and its looking more and more like it never will.
Snow on Pine – It’s pretty much all a charade, and the Deep State protects its own, throws a lot of chaff in the air, and moves on.
** Here’s a list someone put together of who they think are some of the chief people involved in just one of these major cases at http://thefederalist.com/2019/03/08/35-key-people-involved-russia-hoax-need-investigated/
* * *
I’ve been following the story forever (isn’t that how long it’s been?) and I still didn’t know some of the names on that list.
Looks like guaranteed job security for DOJ lawyers if we can ever get anyone to start prosecution.
The Deep State may succeed in keeping all the Swamp Creatures hidden in the Black Lagoon, but it may also be reaching the tipping point of a water-saturated slag-heap.
Right now, I’m unwilling to bet either way.