From back in August in How Jack Smith Structured the Trump Election Indictment to Reduce Risks by Charlie Savage. The subheading is The special counsel layered varied charges atop the same facts, while sidestepping a free-speech question by not charging incitement.
In accusing former President Donald J. Trump of conspiring to subvert American democracy, the special counsel, Jack Smith, charged the same story three different ways. The charges are novel applications of criminal laws to unprecedented circumstances, heightening legal risks, but Mr. Smith’s tactic gives him multiple paths in obtaining and upholding a guilty verdict.“Especially in a case like this, you want to have multiple charges that are applicable or provable with the same evidence, so that if on appeal you lose one, you still have the conviction,” said Julie O’Sullivan, a Georgetown University law professor and former federal prosecutor.
"Novel applications of criminal laws to unprecedented circumstances" is what caught my eye at the time. Between the Smith case, James, The New York commercial case, the Willis fiasco in Georgia - everywhere District attorneys were bringing novel charges. As a Classical Liberal, I was wondering why no one in the Democratic Party was standing up for due process.
We have laws to protect citizens from discretionary partisan prosecution and the DAs in all these cases were very public that they were using "novel applications of criminal laws" solely to achieve political goals.
Down here in Georgia, we are accustomed to our urban jurisdictions having a notable combination of incompetence amplified by corruption. But even we were caught by surprise at the rich stew of the Fulton County District Attorneys office which seemed not only unable to indict a ham sandwich, but unable eat one either. Plus, the ham sandwich was corruptly handled by donors. During a cash-only fundraiser.
We are disappointed, angry and embarrassed enough when we talk about it among ourselves. To have it all so blatantly demonstrated My Cousin Vinny style on the news to the whole nation? Oh, dear.
But back to the main point.
Free speech is under attack in academia, from the government and even by the mainstream media. Now due process and equality before the law is being trounced all over the east coast as our constitutional rights had no standing.
It sure feels like the Party has to win at any cost, regardless of bedrock principles. They are sacrificing free speech, due process, and equality before the law simply to win power. That is dangerously close to the authoritarian precipice.
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