[Ms.] Mosby has done enormous damage to the jurisdiction that entrusted her with [her] office. First is the staggering increase in crime in Baltimore since the Freddie Gray incident - much of it attributable to the "Ferguson effect" of police reluctance to put themselves in danger of prosecution. She has also made it more difficult for other prosecutors to bring difficult cases, since she has generated distrust and suspicion of the justice system among her constituents. Even beyond that, however, is the damage she has done, and continues to do to the justice system itself, which relies on public trust and reliance, by the people affected by it, that it is run professionally, without bias, and without political interference.
Recently in Notorious Cases Category
The man who killed 84 people in Nice on Bastille Day appeared to be planning the attack since last year and had the help of several people, France's top antiterror prosecutor said Thursday.Accomplices who share the specific intent are just as culpable as the triggerman. Presumably some of them will be caught. What will France do then? Will they do like Norway with Anders Breivik and sentence them to less than four months in prison per life taken?
Investigative magistrates on Thursday were interrogating five people suspected of providing support to 31-year-old Mohamed Lahouaiej Bouhlel, said Paris Prosecutor François Molins, who laid out a timeline suggesting the attacker and his suspected accomplices had embraced Islamic extremism as early as the Charlie Hebdo attack in January of last year.
The details disclosed by Mr. Molins threaten to fuel public anger at French President François Hollande and his ministers, who have spent days defending their handling of the terror attack.
The new evidence appears to contradict claims made by top French officials immediately after the rampage that Lahouaiej Bouhlel was radicalized in a matter of weeks, leaving security services little chance of stopping him when he plowed through throngs of revelers on Bastille Day with a 21-ton truck.
Instead, Mr. Molins suggested Lahouaiej Bouhlel may have conducted surveillance on his target a year before he acted and communicated more than a thousand times with suspected accomplices.
Are you really sure you don't want capital punishment, mes amis?
AP reports from Manassas, Virginia:
For much of the last 15 years, Justin Wolfe was both a death row inmate and a cause célèbre. His supporters, as well as a federal judge who heard his appeal, believed he was a victim of malicious prosecutors who covered up the truth in an effort to execute an innocent man.
Now Wolfe's 15-year legal saga -- which at one point had him days from execution and later on the brink of total exoneration and freedom -- has concluded with a 41-year prison sentence and an admission that prosecutors had it right all along.* * *After years of denying responsibility for the 2001 murder of Daniel Petrole, Wolfe on Wednesday apologized to Petrole's family in a packed Manassas courtroom.
If [a prosecutor] believes a crime was committed and they believe they're sending a valuable message to the community about the value of a poor black man's life or what is appropriate responsibility for a police officer, there are benefits of this trial that can't be measured in convictions and acquittals.
Minutes after former Los Angeles County Sheriff Lee Baca acknowledged failing the public by lying to federal authorities investigating jail beatings, a judge overseeing his corruption case shocked a packed courtroom Monday by rejecting the ex-lawman's plea agreement as too lenient.
President Obama is scheduled to speak in Dallas Tuesday at a memorial service for the five police officers gunned down last week--but haven't we already heard enough from him?* * *Time and again during his presidency, in matters large and small, Mr. Obama has assumed the worst about police.* * *
Like others on the political left, Mr. Obama has made a habit of minimizing or ignoring the high black crime rates that obviously underlie tensions between poor minority communities and cops. More than 95% of black shooting deaths don't involve the police, which would seem to undercut the notion that trigger-happy cops are hunting black men. Sadly, rates of murder, rape, robbery, assault and other violent crimes are 7 to 10 times higher among blacks than among whites, but liberals who don't want to alienate black voters go to great lengths to explain away this behavior and focus instead on police conduct.
Yes, Mr. Obama has denounced what happened in Dallas, but he has also been winking at a Black Lives Matter movement that has spent the past two years holding rallies that call for (and sometimes feature) violence against cops. Like the president, these protesters maintain that the police are motivated by racial prejudice, not by the behavior of suspects. They insist that a biased criminal-justice system explains the black crime rate, not antisocial behavior. By indulging this narrative, Mr. Obama and his fans in the liberal media were playing with fire, and the Dallas carnage was the result.
The anti-cop Left never hesitates to run with its preferred narrative--that racist police are hunting down young black men and murdering them. But those with an interest in truth and justice should wait for the facts. It could turn out that the killings of Alton Sterling and Philando Castile were entirely unjustified, much like the 2015 death of Walter Scott, shot eight times in the back by a North Charleston, South Carolina, police officer as he tried to flee. Or, it could turn out that Sterling did have a gun, and that Castile either argued with the officer or disobeyed his instructions (which may or may not justify the officer's actions). We just don't know yet. Until we do, reckless allegations and media-driven narratives won't do us any good.In the same publication, Bob McManus has this article:
Baton Rouge and St. Paul, like so many of the similarly tragic police-custody deaths that preceded them, may have been the product of circumstance, or of incompetence, or maybe they were even crimes. Each must be examined in context and judged accordingly. But Dallas was cold-blooded murder--nothing more, nothing less. Attempts to assign equivalence to the horror of it--to suggest, as some are doing on social media, that Dallas is somehow just deserts for Baton Rouge or St. Paul or Baltimore or Ferguson, or even for Eric Garner's death on Staten Island two long years ago--is morally repugnant.
The apologies should cascade from all the sanctimonious prosecutors and authoritarian badge lickers who wear black robes who have established a legal superstructure (via decisions not to prosecute and case law) which fails to hold murderers with badges accountable. A substantial portion of the American citizenry does not believe the justice system is legitimate--and that is a very real problem. Where those who are aggrieved have no effective outlet to address those grievances, other outlets will appear.
[S]ince he took office, national tensions over race have gotten worse than ever, with the share of Americans who worry a lot about race relations soaring to 35% from a bottom of 13% just after Obama took office, according to a shocking new Gallup poll.
In fact, racial strife is the highest it's been in the poll's 15-year history.
4. When it came time to merge these two strands and explain your decision whether to recommend an indictment, you then, oddly it seems, made no reference to the legal standard you correctly articulated a few minutes earlier. Instead, you formulated a new standard based on features you said have been present in past cases where prosecutions have been brought for the mishandling of secret/classified information. Gross negligence -- the statutory measure -- was no longer included in your description, and was replaced by intent to harm the U.S.or disloyalty.
Doesn't that amount to a re-interpretation of the statute, not by the courts or Congress, but by the investigative arm of the executive branch? And doesn't it, in effect, transform a gross negligence statute into a more typical -- but not constitutionally required -- mens rea statute?
5. Putting that entirely to one side, have there not indeed been prosecutions for 793(f) offenses based strictly on the statutory standard of gross negligence? For example . United States v. Roller, 42 M.J. 264 (1995) (affirming 18 U.S.C. 793(f) conviction of a military serviceman who inadvertently placed classified materials in his gym bag and then took them home, which the court determined to be "gross negligence" as the statute required). Does that case call into question your statement that a Clinton prosecution on these facts would be "unprecedented."
6. Even if one takes the problematic view that the very unusual and prominent features of this case warrant taking into account more than "merely" the existence of probable cause and gross negligence, does it seem to you that those features -- principally the need for accountability from high officers of the government, and for public confidence in equal application of the law to big shots as well as ordinary people -- suggest even more strongly that an indictment should have been recommended?
7. If Ms. Clinton had been an employee of the FBI; had engaged in the same pattern of extreme carelessness; and had in addition displayed the same failure to be truthful in describing what she had done, and in having her lawyers delete thousands of emails before your investigation could assess their national security significance, would Ms. Clinton have been promoted or demoted -- or fired?
Comey's explanation was odd and unpersuasive on its face. He began by reciting what the law requires for a felony or misdemeanor conviction in cases like this. He noted that gross negligence is the standard for a felony conviction. He then recited the facts as the FBI found them. These facts suggest gross negligence.
When it came time to merge these two strands and present his decision whether to prosecute, Comey made no reference to the legal standard he had articulated a few minutes earlier. Instead, he pulled a switcheroo, formulating a new legal standard based on the elements he says have been present in past cases where prosecutions have been brought for the mishandling of secret/classified information. Gross negligence exited stage left -- replaced by intent to harm the U.S., disloyalty, etc.