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The Need for Justice System Reform
May 30, 2020 09:09:30   #
ACP45 Loc: Rhode Island
 
By John Kiriakou
A 2012 study by ProPublica found that the Justice Department wins 98.2 percent of its cases, almost all as a result of a plea deal. So, what strategies do prosecutors use to ensure a conviction? There are two common ones: charge stacking and venue shopping.

Charge Stacking

Charge stacking is just what it sounds like. Let’s say a defendant appears to have committed a crime; let’s say mortgage fraud. The prosecutor doesn’t charge him with just mortgage fraud. He’ll add a couple of conspiracy charges and maybe a charge each of wire fraud and mail fraud. The defendant is now facing 50 years in prison, rather than five. So, what does the magnanimous prosecutor do? He offers to drop all the other charges if the defendant pleads guilty to the original charge of mortgage fraud. It’s no wonder there are so many innocent people in prison. Most people wouldn’t risk 50 years in prison if they can accept a plea, get a sentence of two years, and make the whole thing go away.

Venue Shopping

Venue shopping is another nice trick. Prosecutors will seek to charge a defendant in the federal district where he or she is most likely to be convicted. CIA whistleblower Jeffrey Sterling is a great example of venue shopping. Jeffrey blew the whistle on racial discrimination at the CIA, as well as an illegal program targeting the Iranian nuclear program. He was accused of passing classified information to then-New York Timesreporter James Risen, who then used the information in a book. Risen lived in Maryland and worked in Washington, D.C., at the time. Sterling lived and worked in St. Louis. But he was prosecuted in the Eastern District of Virginia, known as the “espionage court” because no national security defendant has ever won a case there.

Prosecutors knew that Sterling couldn’t win there, so they had a secretary buy Risen’s book at a Barnes & Noble in Arlington, Virginia. Bingo. They had a “crime” committed in the Eastern District. (The feds argued that because Risen’s book contained classified information, its very existence was a crime. The secretary’s purchase of the book, by this logic, caught Sterling in the act of passing the information to the secretary through the book in Virginia and committing espionage, the charge against him.)

Sterling insisted on his innocence and he decided to go to trial. He was convicted of nine felonies, including seven counts of espionage. He is finally out of prison and still maintains his innocence. But the prosecutors got their scalp.

The system is broken and there’s no easy fix. Ours is an adversarial legal system. The French and others have a magistrate system where the courts investigate crimes and work with the defendant’s attorneys to get the t***h. If the person is guilty, the two sides work together to come up with the fairest and most just solution. But in an adversarial system, one side wins and one side loses. That’s why Robert Jackson’s words are so important. Remember the power and authority of the prosecutor. And until we see real, systemic changes in our justice system, we can only keep our fingers crossed.

https://www.lewrockwell.com/2020/05/no_author/john-kiriakou-michael-flynn-the-fbi-setup/

Reply
May 30, 2020 09:48:41   #
Radiance3
 
ACP45 wrote:
By John Kiriakou
A 2012 study by ProPublica found that the Justice Department wins 98.2 percent of its cases, almost all as a result of a plea deal. So, what strategies do prosecutors use to ensure a conviction? There are two common ones: charge stacking and venue shopping.

Charge Stacking

Charge stacking is just what it sounds like. Let’s say a defendant appears to have committed a crime; let’s say mortgage fraud. The prosecutor doesn’t charge him with just mortgage fraud. He’ll add a couple of conspiracy charges and maybe a charge each of wire fraud and mail fraud. The defendant is now facing 50 years in prison, rather than five. So, what does the magnanimous prosecutor do? He offers to drop all the other charges if the defendant pleads guilty to the original charge of mortgage fraud. It’s no wonder there are so many innocent people in prison. Most people wouldn’t risk 50 years in prison if they can accept a plea, get a sentence of two years, and make the whole thing go away.

Venue Shopping

Venue shopping is another nice trick. Prosecutors will seek to charge a defendant in the federal district where he or she is most likely to be convicted. CIA whistleblower Jeffrey Sterling is a great example of venue shopping. Jeffrey blew the whistle on racial discrimination at the CIA, as well as an illegal program targeting the Iranian nuclear program. He was accused of passing classified information to then-New York Timesreporter James Risen, who then used the information in a book. Risen lived in Maryland and worked in Washington, D.C., at the time. Sterling lived and worked in St. Louis. But he was prosecuted in the Eastern District of Virginia, known as the “espionage court” because no national security defendant has ever won a case there.

Prosecutors knew that Sterling couldn’t win there, so they had a secretary buy Risen’s book at a Barnes & Noble in Arlington, Virginia. Bingo. They had a “crime” committed in the Eastern District. (The feds argued that because Risen’s book contained classified information, its very existence was a crime. The secretary’s purchase of the book, by this logic, caught Sterling in the act of passing the information to the secretary through the book in Virginia and committing espionage, the charge against him.)

Sterling insisted on his innocence and he decided to go to trial. He was convicted of nine felonies, including seven counts of espionage. He is finally out of prison and still maintains his innocence. But the prosecutors got their scalp.

The system is broken and there’s no easy fix. Ours is an adversarial legal system. The French and others have a magistrate system where the courts investigate crimes and work with the defendant’s attorneys to get the t***h. If the person is guilty, the two sides work together to come up with the fairest and most just solution. But in an adversarial system, one side wins and one side loses. That’s why Robert Jackson’s words are so important. Remember the power and authority of the prosecutor. And until we see real, systemic changes in our justice system, we can only keep our fingers crossed.

https://www.lewrockwell.com/2020/05/no_author/john-kiriakou-michael-flynn-the-fbi-setup/
By John Kiriakou br A 2012 study by ProPublica fo... (show quote)

=================
I think during the Obama administration, that is only a minor divergence of our justice system. The huge effective revision and invention of the justice system was during Barak's time is the conspiracy.

They invent, fabricate, twist issues, against their political opponents using the most powerful federal agencies as their weapon to prosecute the innocent political enemy. The purpose is gaining power control for the rests of the democrats' lives, and to remove the Republican who won and elected by the people. Disenfranchise the people. It is a new political correctness policy, invented by Barack Obama from Kenya.

During Barack's time, there is no security and justice for the republican party most especially those carried by the elected president Donald Trump.

The Obama's armies are all very powerful, with the powerful arms of the government therefore the Republican political opponent suffered so much injustices. Just because a black person from Kenya entered into our political system that change the whole concept in our constitution governance. The Obamagate and the Deep State all powerful armies of Barack have been actively participating in the destruction of the political enemy, Donald Trump and his allies. Purpose is taking over power control.

Unless all members of these huge federal weaponry are identified, prosecuted and all locked up, our constitution can't function effectively and eventually could be replaced once the radical dems take over the WH, and Congress.

Beware America, your cherished freedom that our ancestors, and all the men and women serving are in vain. As democrat government power expands, we the opposite party are turn down into pieces.

The only way to fix this is with balance of power, centralized to the objectives of our Constitutional Republic.

Reply
May 30, 2020 11:14:13   #
Peewee Loc: San Antonio, TX
 
Radiance3 wrote:
=================
I think during the Obama administration, that is only a minor divergence of our justice system. The huge effective revision and invention of the justice system was during Barak's time is the conspiracy.

They invent, fabricate, twist issues, against their political opponents using the most powerful federal agencies as their weapon to prosecute the innocent political enemy. The purpose is gaining power control for the rests of the democrats' lives, and to remove the Republican who won and elected by the people. Disenfranchise the people. It is a new political correctness policy, invented by Barack Obama from Kenya.

During Barack's time, there is no security and justice for the republican party most especially those carried by the elected president Donald Trump.

The Obama's armies are all very powerful, with the powerful arms of the government therefore the Republican political opponent suffered so much injustices. Just because a black person from Kenya entered into our political system that change the whole concept in our constitution governance. The Obamagate and the Deep State all powerful armies of Barack have been actively participating in the destruction of the political enemy, Donald Trump and his allies. Purpose is taking over power control.

Unless all members of these huge federal weaponry are identified, prosecuted and all locked up, our constitution can't function effectively and eventually could be replaced once the radical dems take over the WH, and Congress.

Beware America, your cherished freedom that our ancestors, and all the men and women serving are in vain. As democrat government power expands, we the opposite party are turn down into pieces.

The only way to fix this is with balance of power, centralized to the objectives of our Constitutional Republic.
================= br i I think during the Obama a... (show quote)


As Trump has said, theyre after us, he is just in their way. And thank God for that!

Reply
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