Thursday, February 07, 2019

Criminal justice corruption

In the Conservative Treehouse, Sundance brings us video and photos of the SWAT team arresting Roger Stone. Commenter RLTW writes,
We are so fond of saying that in the USA no one is above the law. Federal prosecutors literally ARE above the law because of prosecutorial immunity. They lie to judges and juries, fabricate incriminating evidence, hide or destroy exculpatory “Brady” evidence, suborn perjury and target the friends, family and colleagues of their subject with process crimes. Federal prosecutors are caught in the commission of these felonies on a regular basis and yet the worst that can happen to them is that they lose the case. They don’t go to prison. They don’t even lose their law license. They just move on to the next potential “stat” who will potentially build their resume.

How can you win in a court of law when the prosecution is allowed to lie with absolute impunity? You can’t.

All of this is happening while the defendant pays for defense attorneys who bill out at $600 to $1,000 a piece. Within weeks even and upper middle class defendant will have lost all of their property, investments, retirement and savings that they have worked their entire life to accumulate. The prosecutors will be threatening to put their friends, family and colleagues in prison, almost always for 18 USC 1001 Criminal False Statements.

This is about the scummiest most un-American and un-Constitutional statute on the books. You’ll notice that everyone who treasonous Bobby Three Sticks has indicted was indicted under 18 USC 1001. A little advice, DO NOT EVER talk to a Federal Agent or a Federal Prosecutor no matter how innocent and off the record it may seem. If you do, they can and will misconstrue your statements and send you to prison…unless you agree to sign a sworn affidavit filled with lies that will send their true target, your friend or family member, to prison.

Every time I hear Brian Kilmeade or Ed Henry on FOX News proclaim that someone who admitted to lying to the FBI is getting what they deserve, because if they were innocent they would not have plead guilty and they would have continued the valiant fight to prove their innocence. I just want to reach through the TV screen and snap their neck.

Sometimes there IS a man with gigantic brass balls who lives up to the Kilmeade/Henry myth (that Brian and Ed could never live up to. They would break and take the plea deal immediately) and who is willing to cut off his nose to spite his face, who is willing to watch everything he ever worked for burned to ash, his friends, family and colleagues also destroyed or prosecuted, all to preserve his honor and good name. Sometimes these guys win.

Can this man with brass balls have the corrupt Federal Prosecutors be prosecuted under 18 USC 242 for a malicious prosecution and sent to prison? No, they have prosecutorial immunity. They just move on to their next victim. Can this man with brass balls sue the US Government and recoup his millions in legal fees and everything he lost. No, can’t sue the US Government. Sovereign immunity.

So you see. Even if you fight to the bitter end and preserve your good name, you still lose everything. That is why every year thousands of innocent American people plead guilty to a lesser process crime in order to salvage a little bit of their lives.

President Trump needs to focus on prosecutorial reform, not prison reform. If an AUSA brings a fraudulent prosecution they need to be subject prosecution themselves. If a judge presides over a fraudulent prosecution they need to be removed from the bench and dis-barred. If an AUSA loses a prosecution then DOJ needs to be held liable for all of the defendant’s legal fees as well as damages. This should all come out of DOJ’s fixed annual budget.

Implement these few, simple changes and you will resolve 90% of the criminal justice corruption in this Country.
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