Monday, May 11, 2020

Under the New Trump Rules, You Really Don't Need a Judge

   One of the basic elements of justice is that you have a Prosecution and a Defense. The Prosecution works its case, and the Defense works its. Where you get into trouble is when the Prosecution drops its cause and instead starts working with the Defense to get the defendant off the hook.
   As if that would ever happen, right?
  Well, it just did.
  Led by Attorney General William Barr, the DOJ joined in with the Defense to defend Michael Flynn. Now, the Prosecution already had won the case, since Flynn had pleaded guilty. Nevertheless,  the Prosecution backed up and changed its mind. Probably in protest for what was about to happen, one of the lead prosecutors, Brandon Van Grack, resigned from the case just hours before the Prosecution moved for the case to be dropped. The new position of the Prosecution was that its own evidence against Flynn should be ruled inadmissible.
   In America, we have judges. It is the judge who should be deciding if a case is dropped. The Defense makes the motion, the Prosecution makes its argument against it, and the judge decides which of them is right. That's if the court system is operating the way it always has in America.
   But, what if the Prosecution somehow decides it wants to make the motion to drop the case? The Defense isn't going to argue. The Prosecution surrendered. They don't mind that.
  And, the judge is left out. It was to be his to make the decision on whether the case was to be dropped. But, with the Prosecution and Defense agreeing on everything, there is no need for a judge.     So, as a synopsis, what happened with Flynn is that the Prosecution decided it should do all the deliberation on whether he was guilty. It -- not the judge -- would weigh all the evidence. And, it -- not the judge -- would make the decision on whether the case should be thrown out.
   How do we not see both the danger to America's judicial system? And, how do we not see the corruption?
 

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