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Government’s Case Against Steve Stockman Getting Weaker
Townhall.com ^ | August 5, 2019 | Rachel Alexander

Posted on 08/05/2019 4:40:28 AM PDT by Kaslin

Former Congressman Steve Stockman is unfairly serving a 10-year prison term for supposedly misusing nonprofit funds. The popular Texas conservative was convicted due to an improper trial against him, with prosecutors presenting incorrect information to the jury and getting the judge to agree to prohibit him from producing helpful evidence. They claimed he misused funds from two nonprofits he worked with — but the money went for voter education and youth training as promised.

This is not fraud but a drive-by political hit by Andrew Weismann, chief of the criminal fraud section of the DOJ and Andrew McCabe, formerly of the FBI. This corrupt cabal went after President Obama’s and Hillary Clinton’s political opponents — standard operating process for the DOJ. What the prosecution won’t tell you is that Stockman signed on to impeach their boss at the time, Attorney General Eric Holder, and called for the arrest of Lois Lerner of the IRS. So the cabal would stop at nothing to indict Stockman. It was an indictment looking for a crime. This is why it took four years, probably millions of dollars and four grand juries to get one.

Stockman appealed the decision earlier this year, and prosecutors responded. They said the nonprofit he worked with to provide voter education did not provide actual education. But they admit Stockman both wrote a book and published a newspaper with voter information. So prosecutors created a new definition and requirement — that because the book was not also mailed out, it didn’t constitute voter education. They stretched the bounds of the interpretation of fraud. The donor who contributed the money for the book, Stanley Rothschild, knew he did not include enough money for postage. He was not defrauded. The prosecution tries to portray Rothschild as an elderly naive donor, but he was an active successful investor in many conservative causes and well aware of his actions. He became sick two years after the donation and passed away, but he was of sound mind when he made the donation. The prosecutors act like they know better than the donor on how the donor should have spent his money.

Stockman wrote in his reply brief, “Under the standard proffered by the Government, anyone who raises seed money for a non-profit project but cannot raise the entire budget is in danger of finding themselves accused of several federal felonies.”

Also, bizarrely, the prosecution claimed that Stockman shouldn’t have been paid for his work on the book. The prosecution used Stockman’s personal credit card expenses as evidence that he abused Rothschild. This is another new, made-up standard, that authors should not be paid, and if they are, they should not spend it on personal use.

The prosecution frequently refers to the two nonprofits at issue as “sham nonprofits.” This is meant to wrongly taint the nonprofits. In reality, the nonprofits were in good standing with the IRS and active at the time of the trial.

Powerful conservatives associated with nonprofits nationwide were so alarmed by what happened to Stockman that 27 of them filed an amicus curiae brief in his appeal. After seeing the prosecution's response, they have also submitted to the court a reply brief and requested that the court accept it. They called out the prosecution for falsely claiming that Stockman illegally coordinated communications between a nonprofit and his campaign. The prosecution relied upon a court opinion that prohibits “electioneering communications” within 30 to 60 days of an election. But electioneering communications are defined as broadcast TV ads, not the printed voter education materials at issue in Stockman’s case. As long as the voter education mailer sent out in the election in which Stockman was running did not include “express advocacy” words, like “vote for” or “support,” it didn’t violate campaign finance law as established by numerous legal precedents.

The amicus curiae also challenged a motion by the prosecution, which the court had granted, prohibiting Stockman from mentioning Lois Lerner at trial. If Stockman had been able to show the IRS’s “scandalous, unlawful targeting of outspoken, politically active conservatives like him -- that could have provided the reasonable doubt for the jury to acquit.”

The amicus curiae’s reply characterizes this as a case where “the Government misused innocent acts of Appellant and his colleagues to spin fantastical tales of guilt that confused and misled the jury.” If allowed to stand, this sets a terrifying precedent, that the courts will not uphold Americans’ First Amendment right to criticize public officials. It also puts nonprofits in grave danger of malicious prosecution — if the prosecution gets to define what constitutes legally permissible activities by a nonprofit, they could sink anyone by claiming a higher standard than required by law.


TOPICS: Culture/Society; Editorial; US: Texas
KEYWORDS: andrewmccabe; andrewweismann; irs; stevestockman; texas

1 posted on 08/05/2019 4:40:28 AM PDT by Kaslin
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To: Kaslin

Andrew Weissmann should be serving 30 years in federal lockup for his crimes, but alas the two tiered non justice we now have forbids that.


2 posted on 08/05/2019 4:49:33 AM PDT by VTenigma (The Democrat party is the party of the mathematically challenged)
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To: Kaslin

They must have bought off the judge to get him to “agree” to exclude evidence to prove his innocence. Why didn’t he appeal it?


3 posted on 08/05/2019 4:56:45 AM PDT by wastedyears (The left would kill every single one of us and our families if they knew they could get away with it)
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To: Kaslin

If it was that horrible, how did the case fare on appeal?


4 posted on 08/05/2019 4:59:23 AM PDT by Vermont Lt
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To: Kaslin

This sounds like a case that Sidney Powell needs to write about!


5 posted on 08/05/2019 5:00:09 AM PDT by Old_Grouch (72 and AARP-free. Monthly FR contributor.)
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To: Old_Grouch

I’ve never heard of her. I was going to say, that I never heard of him, but I did a search and found that the person is a she.


6 posted on 08/05/2019 5:04:58 AM PDT by Kaslin
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To: Old_Grouch

And that evil prick Weissman is at the center of this.


7 posted on 08/05/2019 5:07:35 AM PDT by gibsonguy
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To: Kaslin

We’re the article a little shorter on invective, and a little longer on detail, it would be more effective.


8 posted on 08/05/2019 5:11:10 AM PDT by Mr. Lucky
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To: Kaslin

Weissmann is one of the NYC power elite that rule this country.


9 posted on 08/05/2019 5:25:57 AM PDT by dljordan
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To: AdmSmith; AnonymousConservative; Arthur Wildfire! March; Berosus; Bockscar; cardinal4; ColdOne; ...
...a drive-by political hit by Andrew Weismann, chief of the criminal fraud section of the DOJ and Andrew McCabe, formerly of the FBI. This corrupt cabal went after President Obama’s and Hillary Clinton’s political opponents — standard operating process for the DOJ. What the prosecution won’t tell you is that Stockman signed on to impeach their boss at the time, Attorney General Eric Holder, and called for the arrest of Lois Lerner of the IRS.
Four simultaneous hangings on a purpose-built gallows is appropriate, along with a full pardon for Stockman.

10 posted on 08/05/2019 6:04:20 AM PDT by SunkenCiv (Imagine an imaginary menagerie manager imagining managing an imaginary menagerie.)
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To: VTenigma

bkmk- Texas -Stockman


11 posted on 08/05/2019 6:27:21 AM PDT by ptsal
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To: Kaslin

I hope Andrew Weissmann doesn’t meet with an unfortunate accident.
Before he can be indicted, tried, convicted and hung.

5.56mm


12 posted on 08/05/2019 7:20:24 AM PDT by M Kehoe (DRAIN THE SWAMP! BUILD THE WALL!)
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To: Kaslin

He’s guilty of being conservative. The government should go to court and drop all charges, then apologize.


13 posted on 08/05/2019 7:50:59 AM PDT by TBP (Progressives lack compassion and tolerance. Their self-aggrandizement is all that matters.)
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To: Kaslin
Where was Trump when all this was going down in 2018?

The reason that Trump has almost zero support from Movement Conservatives in Congress is because when the politically corrupt FBI, DOJ, and MSM attack, Trump disappears.

Roy Moore, Scott Pruitt, Steve King, Steve Stockman, and another half dozen lesser knowns got flushed down the toilet by a tsunami of false allegations. And Trump has made no consequential efforts to stop it.

I guess I should not be surprised.

Trump's effort to defend himself against the Russia Hoax has been pitiful - 40% of registered voters still want him to be impeached.

14 posted on 08/05/2019 8:05:13 AM PDT by zeestephen
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