Archive for June 3rd, 2019

The legal gospels according to St. Robert and St. James … behavior or intent?

June 3, 2019

Mueller & Comey seem to have their own rules of jurisprudence.

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A couple of decades ago, Pres. Jimmy Carter — a very religious guy — was interviewed by Playboy.

Say, what?

One of the questions was: “Have you ever been unfaithful to your wife?”

Paraphrasing, Carter answered: “No, but I have lusted in my heart (for other women), so I am a sinner.”

In other words, Carter believed that fantastical intent was the moral equivalent of behavior.

Hmmm.

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Apparently, Mueller & Comey were impressed by by Carter’s thinking.

Let me explain…

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Which prevails legally: behavior or intent?

Let’s start with the Comey – Clinton case.

In his July 2016 public statement, Comey made clear that Clinton’s use of a personal server to store and transmit classified government information violated criminal statutes.

But, he said that there was no evidence that she intended to break the law, so no charges would be brought.

Ditto re: the destruction of 30,000 subpoenaed emails … and the Bleach-Bitting of her computer.

Yep, she did it … but there was no evidence that she intended to break the law.

Curious reasoning at best.

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Now fast forward to Mueller – Trump.

Mueller reported 10 anecdotes about situations that “might” indicate obstruction of justice.

The headline story was telling the White House attorney to “get rid of” Mueller.

Note: Since Mueller was technically one of Trump’s employees, he (Trump) had the right to fire him (Mueller).

Bottom line: Mueller didn’t get fired.

After the WH attorney slow-rolled the execution, Trump let the idea go.

Since there was no action that obstructed justice, Mueller flipped the logic.

Applying Jimmy Carter’s logic, Mueller argues that presumed intent without action is sufficient cause to deem obstruction.

Hmmm.

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So, action without provable intent gets a pass.

But, presumed intent without consequential action is criminal.

Does that make any sense at all?

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