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.
Yes.
There are two possible sentences the Senate can impose. First is removal from office, obviously not applicable to someone no longer in office. The second is disqualification in the future from any office of trust or profit under the United Sates, which could be imposed on Hillary Clinton today, or any day in the future.
What felony did Hillary (or Obama, for that matter) commit in the Benghazi affair?
Bump
My wife is much more cynical than I regarding whether Hillary will be charged, and if charged, convicted.
I have pointed out to her what happened to Bill Clinton.
Bill's dalliance with Lewinsky was easy to understand and represented a betrayal of the trust put in him by the American people. Similarly, Hillary has betrayed the trust put in her as Secretary of State to protect the secrets of the U.S.
Bill thought that he could simply lie his way out of the problem, not realizing that Lewinsky saved genetic evidence of his actions. Similarly, Hillary has left an illegal server, with perhaps thousands of not-quite-deleted documents on it, as well as perhaps as many as a dozen people who will be able to describe her betrayal of the public trust.
Like Bill, Hillary is approaching the day when she must decide whether to tell the truth, lie about easily established facts, or take the Fifth.
Bill mistakenly chose to lie. The evidence proved that he committed perjury and that he conspired with others to obstruct justice.
Hillary probably won't make that mistake. She knows that Pagliano will tell the truth. She can't know whether or not her co-conspirators will tell the truth or get caught in lies. It appears to me that Hillary's only course is to refuse to answer questions by the FBI.
That, I think, will be the end of Hillary's career, including the end of any possibility that she will be elected President.
I think that Bill Clinton knows that Hillary is doomed. I expect to see even more evidence of his assessment in the future.
What Bill knows now, and probably even knew before he perjured himself, is that the legal process has a life of its own. Prosecutors have discretion but it doesn't extend to letting people off because their last name is Clinton. The easiest thing for almost everybody in the legal machinery is to simply do what they have to do while paying lip service to the idea that Hillary didn't intend to commit any crimes.
But the process will proceed. Hillary will either answer or remain silent. She will either lie or tell the truth. Her betrayal will be as evident as the biological material on a certain blue dress.
I've tried to explain my opinion to my wife. She still thinks Hillary will "get off".
I like your analysis; thanks for sharing it. In the end, both you and your wife may be correct. The legal process has a life of its own. What that process does to Ms. Clinton could well destroy her politically. However, that does not mean she will face criminal prosecution, and in that sense she will “get off” as your wife says.
I would accept that outcome. I may not like it. It does a disservice to the Rule of Law, and as I have noted in another comment, the effect on morale in our intelligence agencies could be very bad. But for me, the bottom line is any outcome that keeps that criminal out of the White House is an acceptable outcome.
William Tell, your analysis is superb. After reading it, I am convinced that HRC will simply evade the FBI. Her lawyers will contrive reason upon reason for her never to sit down with them. At first, they’ll dodge them; then, they’ll claim scheduling conflicts; then, they’ll offer to have public hearings. Finally, they’ll agree to have HRC meet with the FBI under circumstances to which the FBI would never agree. At that point, HRC will say she WANTS to meet with the FBI, but the FBI keeps throwing obstacles in the way. She’ll play for time. She’ll never meet with them. She’ll play chicken, and see who wins.
Political ruination isn’t so easy, either, with her battalion of supporters. I often have to remind people that Bill Clinton was impeached. Even those who know this call it a technicality. His popularity remained nearly unblemished.Only Bill Cosby’s ordeal cast some shadows on his reputation lately, oddly enough.
5.56mm
The people are past prosecution, onto the Capitol punishment phase.
To most of your conclusions,I disagree.Absent in the logistical mess you describe are case facts,facts ,some so damnin,they are proven by simple presentation
The other not made point is we do not have to win all 100 % , just 51%
Good analysis.
Methinks Comey will get Cankles to cop to a misdemeanor.
The fix is in.
5.56mm
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.