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I believe in the
principle of
Due Process
Picture of JALLEN
posted
The Hill
Alan Dershowitz

Now that President Trump has tweeted that he didn’t tape James Comey, the anti-Trump zealots are accusing him of witness intimidation.

This is most the absurd of the many absurd charges leveled against Trump by those out to get him without regard to the law.


Trump’s bluff was calculated to get Comey to tell the truth. How can that be witness intimidation? If it were, Abraham Lincoln would have gone to prison rather than the White House. As a young lawyer, he, too, bluffed a witness into telling the truth. In one of his most famous murder cases, a witness testified that he saw Lincoln’s client kill the victim. The time it occurred was at night, so the witness testified that he was able to see the crime because there was a full moon. Lincoln then handed the witness an almanac and asked him to turn to the date in question. The almanac showed that there was no moon on that night, and the witness broke down and admitted that he had not seen the crime. The defendant was acquitted. Lincoln later acknowledged that he had deliberately fooled the witness into telling the truth by handing him an almanac for the wrong year. The correct year’s almanac indeed showed a full moon.

I don’t want to compare myself to Lincoln, but I, too, used a similar bluff involving tapes when I was a young lawyer back in the 1970s. I was cross-examining a police officer who was lying through his teeth about what he had said to my client. Pretending that my client had recorded the crucial conversation, I read him what appeared to him to be a transcript of the tape. In fact it was only a transcript of my client’s best recollection about what he had been told. Believing there was a tape the witness changed his testimony and admitted making the crucial statement to my client. As a result we won the case.

Prosecutors frequently bluff about the quality and quantity of the evidence they have against a defendant in order to get him to plead guilty or to become a cooperating witness.

What President Trump did was no different from what prosecutors, defense attorneys, policemen, FBI agents and others do every day in an effort to elicit truthful testimony from mendacious witnesses. But in today’s hyper-partisan climate, those out to get President Trump will concoct “crimes” out of the most innocent behavior. This really illustrates how far things have gone in partisan efforts to criminalize political differences.

This must stop, because it is endangering democracy. The idea of turning every controversial action into a crime is more typical of tyrannies than countries committed to the rule of law. The exploitation of open-ended statutes invites tyrants to selectively prosecute their political enemies. What partisan zealots are trying to do to Donald Trump is more reminiscent of Putin, Erdogan, Castro and Chavez, than it is of our legal system.

I understand how strongly some people feel about Donald Trump being president. Many Republicans felt the same way about Bill Clinton and Barack Obama, and they would have felt even more strongly against Hillary Clinton had she been elected president. But zealotry on one side does not justify zealotry on the other. We must declare an armistice against using our criminal justice system as a political weapon in what has become a zero-sum bloodsport. Criticize President Trump for bluffing, if you wish though I find absolutely nothing wrong with it, but don’t try to turn what you don’t like into a crime unless you can find a clear and specific statute and precedent in support of your position.

Remember that today’s use of the criminal law against a president you don’t like may become a precedent to using a criminal law against a president you do like. Even worse it may become a precedent against you. So be careful what you wish for.

Alan M. Dershowitz, Felix Frankfurter Professor of Law, Emeritus, at Harvard Law School and author of Taking the Stand: My Life in the Law and Electile Dysfunction: A Guide for the Unaroused Voter. @AlanDersh @AlanMDershowitz

Link




Luckily, I have enough willpower to control the driving ambition that rages within me.

When you had the votes, we did things your way. Now, we have the votes and you will be doing things our way. This lesson in political reality from Lyndon B. Johnson

"Some things are apparent. Where government moves in, community retreats, civil society disintegrates and our ability to control our own destiny atrophies. The result is: families under siege; war in the streets; unapologetic expropriation of property; the precipitous decline of the rule of law; the rapid rise of corruption; the loss of civility and the triumph of deceit. The result is a debased, debauched culture which finds moral depravity entertaining and virtue contemptible." - Justice Janice Rogers Brown
 
Posts: 48369 | Location: Texas hill country | Registered: July 04, 2005Reply With QuoteReport This Post
Rule #1: Use enough gun
Picture of Bigboreshooter
posted Hide Post
He's been 2 steps ahead of them since the beginning. Cool



When a strong man, fully armed, guards his own house, his possessions are undisturbed. Luke 11:21


"Every nation in every region now has a decision to make.
Either you are with us, or you are with the terrorists." -- George W. Bush

 
Posts: 14826 | Location: Birmingham, Alabama | Registered: February 25, 2009Reply With QuoteReport This Post
Drill Here, Drill Now
Picture of tatortodd
posted Hide Post
quote:
Originally posted by Bigboreshooter:
He's been 2 steps ahead of them since the beginning. Cool
Trump is playing chess whenthe left is playing checkers



Ego is the anesthesia that deadens the pain of stupidity

DISCLAIMER: These are the author's own personal views and do not represent the views of the author's employer.
 
Posts: 23855 | Location: Northern Suburbs of Houston | Registered: November 14, 2005Reply With QuoteReport This Post
Ubique
Picture of TSE
posted Hide Post
quote:
Originally posted by tatortodd:
quote:
Originally posted by Bigboreshooter:
He's been 2 steps ahead of them since the beginning. Cool
Trump is playing chess whenthe left is playing checkers


No, Trump is playing chess while the left are licking their crayons.


Calgary Shooting Centre
 
Posts: 1518 | Location: Alberta | Registered: July 06, 2004Reply With QuoteReport This Post
Get my pies
outta the oven!

Picture of PASig
posted Hide Post
Jesus, I've never seen this level of derangement before! It's absolutely out of hand how they will take literally EVERYTHING the guy says and somehow it's illegal or immoral or somehow grounds for him to lose his job. Confused

Are people THAT panicked over him? I don't get it.


 
Posts: 35040 | Location: Pennsylvania | Registered: November 12, 2007Reply With QuoteReport This Post
Political Cynic
Picture of nhtagmember
posted Hide Post
his approval numbers are going up - poll on Drudge this morning had Trump at 60% doing a great job

only 3% saying bad job



[B] Against ALL enemies, foreign and DOMESTIC


 
Posts: 53983 | Location: Tucson Arizona | Registered: January 16, 2002Reply With QuoteReport This Post
Member
posted Hide Post
quote:
I don't get it.

Me neither. But if they believe it's a winning combination I will encourage it.

Holder/Pelosi 2020!


***************************
Knowing more by accident than on purpose.
 
Posts: 14186 | Location: Tampa, Florida | Registered: December 12, 2003Reply With QuoteReport This Post
Member
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I do. It's raw, unbridled hatred. This is the left in full blossom.
 
Posts: 17297 | Location: Lexington, KY | Registered: October 15, 2006Reply With QuoteReport This Post
safe & sound
Picture of a1abdj
posted Hide Post
quote:
Jesus, I've never seen this level of derangement before! It's absolutely out of hand how they will take literally EVERYTHING the guy says and somehow it's illegal or immoral or somehow grounds for him to lose his job.



Haven't you heard?!? Trump needs to be impeached for driving a golf cart on the putting green (of a course he owns)!


________________________



www.zykansafe.com
 
Posts: 15923 | Location: St. Charles, MO, USA | Registered: September 22, 2003Reply With QuoteReport This Post
Thank you
Very little
Picture of HRK
posted Hide Post
We know who the better card player is in this game, he even mentioned in his Iowa speech that he has them running in circles.

The left and press are so hot to catch him on something they will take the bait on anything, and the more he puts out that they print which is false the worse they look.

A puppet master....
 
Posts: 24547 | Location: Gunshine State | Registered: November 07, 2008Reply With QuoteReport This Post
Member
Picture of TigerDore
posted Hide Post
quote:
Originally posted by TSE:
No, Trump is playing chess while the left are licking their crayons.


 
Posts: 9075 | Registered: September 26, 2013Reply With QuoteReport This Post
His Royal Hiney
Picture of Rey HRH
posted Hide Post
quote:
Originally posted by PASig:
Jesus, I've never seen this level of derangement before! It's absolutely out of hand how they will take literally EVERYTHING the guy says and somehow it's illegal or immoral or somehow grounds for him to lose his job. Confused

Are people THAT panicked over him? I don't get it.


They're calling plays from their book that used to work on Republicans before. Continue protesting loud and often at everything, then the Republican will cow down, make concessions, etc.

Trump just don't give a shit. he's the honeybadger president.



"It did not really matter what we expected from life, but rather what life expected from us. We needed to stop asking about the meaning of life, and instead to think of ourselves as those who were being questioned by life – daily and hourly. Our answer must consist not in talk and meditation, but in right action and in right conduct. Life ultimately means taking the responsibility to find the right answer to its problems and to fulfill the tasks which it constantly sets for each individual." Viktor Frankl, Man's Search for Meaning, 1946.
 
Posts: 20200 | Location: The Free State of Arizona - Ditat Deus | Registered: March 24, 2011Reply With QuoteReport This Post
Peace through
superior firepower
Picture of parabellum
posted Hide Post
President Trump is running rings around these tantrum-throwing douchebags. They're never gonna learn.
 
Posts: 109776 | Registered: January 20, 2000Reply With QuoteReport This Post
The Main Thing Is
Not To Get Excited
Picture of wishfull thinker
posted Hide Post
So Mr. Dershowitz makes his carefully reasoned points and then drops this little nugget:

quote:
Many Republicans felt the same way about Bill Clinton and Barack Obama, and they would have felt even more strongly against Hillary Clinton had she been elected president.


I presume he says that because of the cities they burned, the riots they started, the destruction they caused, the injuries they delivered, the freeways they obstructed. But nice oija-boarding on the reaction to The Beast, Al. you oughta take up forecasting elections, you've got the knack for the deep research.


_______________________

 
Posts: 6560 | Location: Washington | Registered: November 06, 2006Reply With QuoteReport This Post
Muzzle flash
aficionado
Picture of flashguy
posted Hide Post
quote:
Originally posted by PASig:
Jesus, I've never seen this level of derangement before! It's absolutely out of hand how they will take literally EVERYTHING the guy says and somehow it's illegal or immoral or somehow grounds for him to lose his job. Confused

Are people THAT panicked over him? I don't get it.
Yes! Democrats/Progressives/Socialists/Communists ARE that panicked over a Trump Presidency! And the reason for it is that they have so much to lose.

flashguy




Texan by choice, not accident of birth
 
Posts: 27911 | Location: Dallas, TX | Registered: May 08, 2006Reply With QuoteReport This Post
I believe in the
principle of
Due Process
Picture of JALLEN
posted Hide Post
quote:
Originally posted by flashguy:
Yes! Democrats/Progressives/Socialists/Communists ARE that panicked over a Trump Presidency! And the reason for it is that they have so much to lose.

flashguy


Not only that but there are almost certainly some trash cans that would be very embarrassing if they were to be kicked over, and Trump can't be counted on to not kick them over.




Luckily, I have enough willpower to control the driving ambition that rages within me.

When you had the votes, we did things your way. Now, we have the votes and you will be doing things our way. This lesson in political reality from Lyndon B. Johnson

"Some things are apparent. Where government moves in, community retreats, civil society disintegrates and our ability to control our own destiny atrophies. The result is: families under siege; war in the streets; unapologetic expropriation of property; the precipitous decline of the rule of law; the rapid rise of corruption; the loss of civility and the triumph of deceit. The result is a debased, debauched culture which finds moral depravity entertaining and virtue contemptible." - Justice Janice Rogers Brown
 
Posts: 48369 | Location: Texas hill country | Registered: July 04, 2005Reply With QuoteReport This Post
Staring back
from the abyss
Picture of Gustofer
posted Hide Post
quote:
Originally posted by nhtagmember:
his approval numbers are going up - poll on Drudge this morning had Trump at 60% doing a great job

only 3% saying bad job

Given how exceedingly pro-Trump every Drudge poll has been since the get-go, I would have expected that approval number to be much higher.


________________________________________________________
"Great danger lies in the notion that we can reason with evil." Doug Patton.
 
Posts: 20868 | Location: Montana | Registered: November 01, 2010Reply With QuoteReport This Post
Member
Picture of Keystoner
posted Hide Post
One of my favorite scenes in 'Quiz Show' was the poker scene. The lawyer, Goodwin, was on to VanDoren but they were playing cards and VanDoren was trying to buy the pot. It's was Goodwin's turn to bet and he said, "I know you're lying." Was he talking about the game or the quiz show scandal? I think the latter but VanDoren responded, "Bluffing. I believe the term is bluffing." Yeah, in poker it's called bluffing.



Year V
 
Posts: 2685 | Registered: November 05, 2012Reply With QuoteReport This Post
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