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Those Saying Hillary Lied Are The Ones Lying Or They’re Profoundly Ignorant Of the Facts

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A Hillary hater critic sent me a Daily Show Youtube clip in which the show’s host absolutely “destroys” Hillary for “lying” based on what FBI Director James Comey said in his presser excoriating Hillary only saving her the ultimate excoriation were he to recommend her indictment, which he didn’t,stating the evidence did not suggest that she did anything she could be indicted under the applicable law.

I have both “destroying” and “lying” in quotes because the truth is, for anyone who knows or understands the facts and law in this case, what Trevor has brilliantly done is to smear Hillary based on his genuinely not understanding the facts and law in the case which both actually support the opposite conclusion as to lying, namely, Hillary did not lie as Trevor claims, parroting a lie that is being peddled by mostly the right wing media but also equally ignorant or lying MSM reporters and pundits.

Here’s a breakdown for you to make my point:

In the clip, Trevor uses Hillary’s own words she has been saying and contrasts that with Comey’s own words contradicting them and thus leading Trevor and others reaching the same conclusion, namely, if what Hillary is saying is contradictory to what Comey is saying she must therefore be lying.

Not true.

Both Comey and Hillary are telling the truth.

Hillary says she did not send “any classified material to anyone on [her] email.” Comey says “110 emails in 52 email chains have been determined to contain classified material at the time they were sent.”

However, Hillary has also been saying she did not send or receive any emails that were “marked” classified, it is true as Comey says that there were classified emails sent or received at the relevant time, but it’s also true as Hillary says she did not receive or send classified emails because they were not so marked as Comey confirms!

Comey, however, took exception to this, namely, Hillary saying none of the emails were not marked as “classified” saying even though these emails were not so marked, a reasonable person and therefore Hillary should have known the content of the email was classified information.

Indeed, this is mainly the reason why Comey excoriated Hillary that what she did was “extremely careless” even though not to the level of gross negligence required for criminal prosecution.

At the same time, Comey also said something that was extremely damning and initially provided the evidence that Hillary lied when he said a “small portion” of these emails were found to bear markings, which obviously directly contradicts what Hillary and those of us who have followed this closely said to ourselves, “that’s bad; no way both can be true.”

However, thanks to the stupidity of Congressional Republicans hauling Comey to testify but really as a means to discredit this highly regarded and respected civil servant—thanks to that stupidity Comey provided new information that completely removes this as a contradiction and makes what Hillary said about it not a lie.

As it turns out, the “small portion” that Comey was talking about were 3 emails out of more than 30,000 Hillary received and sent that were marked classified.

However, Comey under questioning from a sharp Democrat admitted that the markings in those 3 emails were not in conformity with rules governing how classified communication should be marked and, more importantly, Comey admitted that a reasonable person could have reached the same conclusion as Hillary did that these emails were not classified!

In other words, Comey shreds to pieces the charge that Hillary lied about not receiving marked classified emails because paltry 3 found to be marked were incorrectly marked to make what she said true despite what Comey said to the contrary.

As icing to the cake, Comey also admitted in this moronically called hearing what would have otherwise received little notice, namely, the fact that the State Department said the day before that 2 of those 3 emails did not after contain classified information because the classified marking the bore—incorrect as it were, were in error to begin with!

Meaning, there’s only 1 email out of more than 30,000 that bears a classified marking but as noted above, that marking was incorrect therefore leaving intact and true what Hillary has been saying about not receiving or sending emails marked classified.

The clip next shows Hllary saying she “provided all [her] emails that could be possibly work related” to SOS after being asked to do so but Comey says in the clip “several thousand that were not among the group of 30,000 emails returned.”

From this, Trevor and others charge that Hillary is therefore lying about this; how could she say she turned in ALL her emails when Comey found “thousands more” that were not turned in?

The answer is simple and Comey actually provided it in his presser except those eager to depict Hillary as a liar have no time to hear what he said, don’t care or the lying narrative is good for business, which is exactly the case in this Trevor clip.

Truth is, Comey said himself he found no evidence that email withheld any emails and provided an explanation for the additional emails found could have simply the case of technical inability to capture all emails in the various systems Hillary used over the 4-year period.

In other words, Hillary did not lie about this because at the time she said it, she actually believed she had produced all emails that could be possibly official email.

Hillary is next shown to say, they “went through a thorough process to identify all work related emails” but Comey says “lawyers doing the sorting did not individually read the content of all of her emails.”

Again, both are true and Hillary is therefore not lying about this either because the process her lawyers utilized to make sure all work related were identified and produced was “thorough” but you can’t compare that with resources at FBI disposal which is obviously more thorough but doesn’t mean the process Hillary used wasn’t thorough as she says it was therefore no lie here.

Hillary says she “thought it would be easier to carry just one devise” but Comey says she “used numerous devices. Again, no lie here because Hillary is talking about why she initially set-up her private server and her using a single device was part of that rationale even though she obviously later used more than one device.

Hillary has been saying “there were no security breaches” but Comey says “it’s possible hostile actors had access to SOS personal email account.” Again, anyone who bothered to listen or read the transcript of what Comey said would know there’s a simple explanation for this that makes both what Hillary said and what Comey said to be true, which means she’s not lying on this either.

Recall the server Hillary was using is that of her husband, the former president of the United States and therefore you would have to expect this is not some jua kali system as everyone who hates Hillary would have you believe and she has repeatedly said what was, in fact, confirmed that the system had safeguards to ensure security and was NOT HACKED despite numerous attempts.

Indeed, Comey specifically said they found no evidence of hacking but added the superfluous her critics are trying to milk, namely, that “it’s possible” the system could have been breached and they just couldn’t find the evidence but that was an irresponsible statement because it puts Hillary in a position to prove a negative in order to reconcile what she said and what he said.

However, for purposes of whether Hillary “lied” about this, what Comey found and said is enough to reach the conclusion she did not.

Given this sound analysis, it should be clear to anyone watching this clip that it’s not Hillary who’s lying but those who are saying she’s lying are the ones lying question is why?

Only three possibilities: (1) They hate Hillary therefore to them facts don’t matter or (2) they’re just lazy to take time to learn and understand all the facts or (3) they’re simply parroting the right wing lies to up their own ratings, Trevor is guilty of one or two of these hint: he doesn’t hate Hillary.

Please note I have provided more info that’s in the clip because that’s what a good analyst does and now the reader knows nothing but the whole the truth.

As I have been saying, now get ready for our next president of this already great country Hillary Clinton because a majority of voters just won’t allow the bigoted clown to become our president, especially more so under this climate we urgently need a coming together not reversing to the ugly past where bigotry and discrimination reigned unabashedly.

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Posted by on July 8, 2016 in Law, Politics

 

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Republicans Have Once Again Not Disappointed In Proving Their Tone-Deafness

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Angry that FBI Director James Comey eviscerated their last hopes of derailing or altogether killing the presidential hopes of Hillary Clinton by not recommending her indictment, Congressional Republicans hurriedly called an “emergency” hearing and hauled Comey to Congress to berate him on his intellectually, factually and legally sound decision to not recommend indictment of the Democratic Party presumptive nominee and Republicans’ worst nightmare, the aforementioned Hillary Clinton.

The whole rationale—if one can call it that, for hauling Comey to Capitol Hill was simply to discredit him, which is moronic on so many levels.

For one, Director Comey is probably the only person in government there has been unanimous agreement by everyone that his honor and integrity is unassailable.

Unassailable, that is, until the man made a decision informed by facts and law not to indict Hillary, which suddenly unleashed all manner of derision and unprecedented efforts to discredit the man.

Indeed, every one of these same Republicans now trashing and discrediting Comey have all along said that they had total confidence in Comey thoroughly investigating the matter and making the “right” recommendation to the Attorney General as to his factual findings and conclusions.

The “right” decision that is, if it was a decision to recommend indictment which is the only decision these hapless partisans wanted from day one regardless of what the facts turned out to be.

Now that the decision Comey made was not to indict, the condemnation of both the decision and the man has been swift and severe and more so during the hastily arranged “emergency” hearing today.

I actually delayed a meeting I was to have this morning for two hours just so I can at least watch the proceedings, which I did but had to leave after about two hours fully satisfied the hearing was probably the best thing Hillary could have wished for today, given what I observed and twitted immediately to the Chair of the Committee holding the hearing Jason Chavetz when he finished his questioning Comey, “@jasonthehouse you look shaken perhaps realizing hauling #Comey to testify was bone-headed decision given he has dessimated your rationale.”

Then I heard Rep. Gerry Connolly render one of the best exposure I have heard anyone give exposing what a sham all these hearings have been and shamelessly set up simply to bring down Hillary and each has failed miserably and actually one can argue combined they have actually had the opposite effect.

After two hours of watching, I left for my meeting knowing as I note above this was a good day for Hillary for several reasons, not the least of which is, by hurriedly holding the hearing, the hapless Republican partisans gave Comey an opportunity to explain his decision in manner that took the sting away from what he said in his presser in which he announced his decision but in a manner so painfully excoriating for Hillary it would have taken a long time to heal but the wounds are quickly healing thanks to the stupidity of these hapless Republicans.

I have now watched the entirety of the hearing and reconfirmed what I earlier concluded, namely, Republicans once again have snatched defeat from the jaws of victory largely owing to their bone-headedness or political ineptness, whichever you fancy.

I am not just saying that; it’s actually the case.

For example, thanks to the hearing, we now know several facts that completely undermine what case the Republicans were hoping to make against Hillary, based on what Comey said the other day.

There’s no need to go through all of these facts and explanations Comey provided that actually lessen the sting on Hillary from his presser the other day but here are just the highlights that go to the core of the case the bigoted Clown and therefore Republicans were going to make or will still make against Hillary.

First, Republicans and their right wing media echo chambers have been shouting to hoarseness since Comey gave the presser that what he said proved that Hillary lied and has been lying about the emails.

Indeed, the hapless Republicans went further today and accused Hillary for lying under oath when she testified about these issues during the sham Benghazi hearing.

To their chagrin, Comey, in fact, expressly said Hillary did not lie!

Stunned, Committee Chair Chavitz asked Comey if he was aware that Hillary had lied to the House and whether he was going to investigate her for that.

By asking the question, Chavitz demonstrated in seconds how incompetent he is as Comey slapped him back, “there has been no referral made by the House.” “Oh, you mean we need to do that—well, we’re sending one today,” Chavitz shot back almost giddy about yet another investigation of Hillary!

Small problem and one of the many reasons why hauling Comey to testify was moronic: Comey in his testimony tore to shreds the basis for such referral because he offered an explanation why what Hillary said under oath is not perjury even if it’s in contradiction of what he said!

Comey also provided testimony and new facts and information in response to several questions that make the other charges of lying under oath the tone-deaf Republicans have referred equally moot.

In other words, once the DOJ receives the referral to investigate Hillary for “lying under oath,” the Attorney General will reject the referral with a one sentence explanation anyone other than a moron would understand which means only a moron would have made the referral to begin with but, as we have seen, Congress is not without a shortage of them.

Time allowing, I will soon post a more detailed analysis as to why but take it to the bank despite what you’ll be hearing ad nauseam to the contrary from the right wing and by some ignorant reporters and pundits in MSM parroting the same, it just won’t be the case the facts are as follows:

One, Hillary did not lie about not sending or receiving classified email despite Comey saying she did receive or send about 100 emails that were classified among the 30,000+ emails she sent or received because she didn’t know at the time she sent or received them that they were classified. Comey says a reasonable person should have known that they were but he also says he didn’t find any evidence that she knew they were classified and sent or received them anyway (lack of intent).

Two, Hillary did not lie when she said she did not receive or send emails “marked” classified even though Comey initially said and repeated today that a “small portion” were so marked. She did not lie because Comey explained today that there were only 3 emails that were so marked out of the 30,000+ that she sent or received but they were not properly marked such that when asked, Comey acknowledged a reasonable person could have concluded they were not marked.

Even better for Hillary, 2 of those 3 emails were mistakenly marked as classified and they’re no longer classified, leaving only one marked classified but even that one is improperly marked therefore, with Comey’s explanation and DOS clarification yesterday, it’s true as Hillary has been saying and testified to that she did not send or receive emails marked classified.

Three, you’ll hear that Hillary “falsely testified under oath” that she returned all official emails to DOS when Comey says they found “thousands” of emails that were not returned. However, as Comey said in his stinging presser, he did not find any intentional withholding of these emails and offered there were a number of plausible explanations as to why these emails were not captured and returned.

Comey also found in a related finding that he did not find any criminal wrongdoing by Hillary or her lawyers deleting emails they deemed personal.

In sum, once again Republicans have found a way to overreach and snatch defeat from the jaws of victory by hauling Comey to Congress to discredit him only for him to make an even stronger case he made the other day why he made the recommendation not to indict and in doing so, provided enough new information and facts that removed the sting of his excoriating presser.

No one could be happier about this than Democrats in general and Hillary in particular.

In a few days, this will be largely forgotten even though as some of us always say, never underestimate these hapless Republicans to outdo themselves in their bone-headedness elections are in still a few months away so be on look-out for their next overreaching but meanwhile enjoy the circus from their leader if he survives the coup currently being plotted against him.

Again, no one could be happier than Democrats in general and Hillary in particular given all this, especially given who her opponent is—yes, the bigoted clown who must and shall be defeated come November to return to wherever he came from.

 

 
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Posted by on July 7, 2016 in Law, Politics

 

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Exposing Lies By Right Wing Media About Hillary

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The right wing media, even some ignorant mainstream media reporters and talking heads continue to perpetuate this lie that FBI Director James Comey statement proves that Hillary has been lying about her use of a private server to conduct official business.

Fox is clearly lying and anyone who tell you the same thing is also either lying or is simply parroting the lie.

What’s amazing is I have seen even lawyers, including some you would think should know better peddling the same lies displaying their ignorance or willingness to peddle lies for the same of advancing their partisan views.

Fox News, for example, is currently running a video clip juxtaposition showing Hillary saying one thing and Comey saying something different on the same point therefore contributing to this false narrative that Hillary has been lying.

Fact is, Hillary has not lied and both what she says and what Comey said are consistent and do not contradict each other.

First, Hillary says nothing she received or sent was “MARKED” classified; Comey says “7 email chains” were classified at the time they were sent but he DID NOT SAY THEY WERE SO MARKED!

Second, Hillary said she thought she could have one devise for both her personal and official email; Comey says Hillary used “several different servers” and used “numerous, multiple devises” to access email in her personal server. The issue here is one of timing; Hillary is talking in this clip what she had in mind AT THE TIME SHE SET-UP the server, Comey is talking about the entirety of her 4-year tenure!

Third, Hillary said the system she used was set-up by her husband, former president Bill Clinton, it had numerous safeguards and there were no security breaches; Comey says actually agrees with her on there being no security breach (this part is omitted in the clip Fox is running) but goes on to say “it’s possible hostile actors gained access” to the private server. Comey here veered into an area he should not have.

Once Comey said there was no evidence of hacking, he should have stopped there instead of speculating on what was possible that’s not what we asked him to do so on that basis dismiss that assertion as uncalled for an unfair to Hillary by creating a negative inference she cannot disprove.

Fourth, Hillary has consistently said she deleted emails that she deemed personal; Comey confirms the same thing noting that these emails were deleted in such a way as to make it impossible to retrieve them. However, what’s not in the clip above is his also saying investigators could not find any wrong-doing in the deletion of the emails.

The level of ignorance in right wing media and quite frankly all media is sometimes astounding as in this case where clearly Hillary did not lie about what she has been saying regarding her use of a private server.

In fact, Comey reached the same conclusion in deciding not to recommend indictment because they found no evidence Hillary tried to hide anything and she was otherwise open and transparent about her use of the private server once this became an issue.

Yet, the right wing media led by Fox News is spending endless hours peddling the lie that Hillary lied about her use of emails and even more horrifying, the mainstream media which is supposed to be the purveyor of truth and honest reporting is equally joining in the dissemination of these lies albeit out of sheer laziness or simply taking pleasure in piling on Hillary for ratings.

Indeed, one can take apart the entire Comey statement to make the case excoriating as it were, what Comey said as actually not as bad as the entire media, left or right wing would want you to believe.

But that won’t be good for their ratings so let’s stay with the imaginary house on fire tales being told good thing is, like many bad stories from a campaign perspective, the Comey bombshell excoriating of Hillary will soon be forgotten by many but everyone will know he did not recommend indicting her and that’s all that matters in the end, especially given the clueless bigoted clown she’s running against

Now you know the truth.

 
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Posted by on July 6, 2016 in Law, Politics

 

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Joe Scarborough and Mika Brezezinski Are Morons

Joe and Mika

Joe Scarborough and his reported love interest Mika Brzeziski have proven their ignorance far too many times to enumerate but, when it comes to Hillary Clinton, it’s always a toss-up whether it’s ignorance we’re talking about or simply being blinded by their hatred of her and, in the case of Mika, indisputable hatred based on woman to woman jealousy.

Today is a good example where both are acting with righteous indignation over FBI Director Comey’s decision to not recommend indictment of Hillary or anyone at the conclusion of his review of her use of a private server to conduct official business.

What’s pathetic–and annoyingly so, is this Joe who’s a lawyer makes a compelling case that, yes, there are dumb lawyers or at least those totally incapable of comprehending basic legal principles.

Case in point, this Joe Scarborough was screaming at a guest demanding to know why Comey said he couldn’t find precedent to recommend indictment in the Hillary email review when in this moron’s view there’s a case involving a Navy reservist who was indicted under similar facts.

Without going into the weeds with this, let’s just say lawyers make a living distinguishing cases and that’s how most cases are won or lost.

The case this sometimes Trump sycophant cited in efforts to smear Comey as having ignored the case is distinguishable from Hillary’s situation in several ways not the least of which is, in the Navy reservist case, the defendant there admitted he knew he was removing classified material from a secure system to an insecure system.

In Hillary’s case, not only has she made no such admissions, she maintains to the contrary she did not knowingly transmit classified material through the private server.

It’s, of course, irrelevant that some of the material was deemed classified after the fact, namely, after the investigation began.

It’s also irrelevant that some of the emails have been found to have been marked classified at the time they were sent or received contrary to what Hillary has been saying that that was not the case for reasons I need not get into other than to say mistake is a defense in criminal law where mens rea is required as in this case.

Yet, despite all of this and more, Joe and his girlfriend Mika have been pontificating all morning in their show how Director Comey was wrong in not citing this obviously irrelevant case in reaching the conclusion he did, which most objective lawyers agree was the right decision.

These morons and others also cite other irrelevant cases that anyone who’s not even a lawyer can easily distinguish the differences between those and Hillary’s case.

No need to because, Director Comey, a former US Attorney himself, made those distinctions and reached the conclusion there’s no precedent here to recommend indicting Hillary and he added no prosecutor can reasonably seek an indictment under the facts of this Hillary situation.

I will take the word of this civil servant with an impeccable record of honor and integrity over any partisan hack or Trump sycophant–lawyer or otherwise and definitely over these two morons.

All that being said, my point is this Joe and Mika are an embarrassment to have as TV show hosts spreading their ignorance but we do have an option not to watch problem is there are those who uncritically watch and can easily be misled with the ignorance spread.

 

 
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Posted by on July 6, 2016 in Law, Politics

 

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Why Hillary Clinton Will Not Be Indicted

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There’s no doubt the US presidential election of 2016 is thus far the most fascinating and equally baffling election anyone alive has seen, judging from what the dinosaurs in political punditry are saying certainly nothing those of us headed there have seen.

The hijacking of the Republican Party by a reality television star and sometimes successful real estate developer known as Donald Trump is in by itself the very definition of strange politics where nothing makes sense, especially when the clown seems to essentially defy the laws of gravity.

On the Democratic side, the strange phenomena is a Socialist Bernie Sanders giving Hillary Clinton a run for her money, at least in the only 3 states where his socialism finds home among Democrats who support him.

The odds on favorite to win the Democratic Party nomination, however, is still Hillary who is also likely to win come November against anyone who emerges as the wounded Republican nominee, especially if the wounded nominee is either Donald Trump or Ted Cruz neither of whom have a chance against Hillary unless Trump flips and gives the middle finger to those who nominated him and abandons all the crazy and impossible promises he has and continues to make thus far in which case he might avoid losing in a landslide and minimizes losses down the ticket when Hillary emerges as the victor.

But Republicans’ first major obstacle to regaining the White House is Hillary that’s why their strategy has been and continues to be finding a way of derailing or stopping her from being nominated because they know they just can’t stop her once she’s nominated.

The irony is, they must also find a way to stop either Trump or Ted Cruz to stand a chance of winning the presidency, let alone other offices down the line.

When 4 Americans were killed in Libya back in 2012 including the US Ambassador there and it later emerged that the Obama administration had mischaracterized the nature of the attack and in particular, who was behind it, Republican operatives got on their knees, put their hands together and looking to heaven thanked God for the tragedy.

This was an opportunity, in their view, to get rid of Hillary or at least damage her enough to derail her match to the White House as president.

This is because Hillary having been Secretary of State at the time the attacks occurred and having essentially been the architect of the US policy that led to the toppling of Libya’s leader Muamar Gaddafi which in turn led to creating the environment under which the attacks took place, Republicans were determined to wrap the failed policy around Hillary and use the four tragic deaths as the noose to strangle and kill her politically.

That strategy was in full throttle and making significant progress as Hillary’s honesty and trustworthy numbers steadily got worse until God smiled on her as Representative Kevin MacCarthy shocked everyone by publicly admitting what Democrats knew but could not prove and that’s, the Benghazi Committee—one of several Republicans had convened since the attack—was put together simply to hurt Hillary politically.

While this admission cost MaCarthy ascendancy to the Speakership and possibly earned him a spot in the annals of US history albeit for the wrong reasons, the admission uncurled the noose around Hillary’s neck breathing a new life to her political life from which she continues to benefit as she resumes her position as the presumptive nominee for Democrats and ultimately capturing the big trophy and that’s keys to the White House.

Hillary, however, is not in the clear as she must first get to the nomination and actually get nominated and every Republican and foe of hers who prays, prays and hopes that doesn’t happen which can only be the case if she’s indicted over the use of her private server to conduct official business when she was Secretary of State.

Those who have never prayed, are praying for the first time that she’s indicted but in the minds of her enemies, she’s already indicted, convicted and sent to jail even though none of that will happen in reality.

Most objective lawyers who have analyzed Hillary’s use of a private server, however, have come to the conclusion that Hillary cannot be indicted, based on what’s known about the facts and it’s unlikely any facts will emerge to change the outcome.

Providing a detailed analysis of the legal issues leading to this conclusion is beyond this article’s scope but if interested, No, Hillary Clinton Did Not Commit A Crime is a good analysis as to why.

Which brings me to this conclusion for reasons separate and apart from the analysis Dan Abrams provides in the article linked above that yours truly and most objective legal analysts agree with and that is, Hillary can also not be indicted for political reasons.

Let’s assume for the sake of argument that the FBI director recommends that Hillary should be indicted. Under US law, the Attorney General (AG) has the final say whether or not to bring charges of this kind against anyone.

On the other hand, even though technically under the AG, the FBI Director is an independent office so its director can conceivably make decisions that are antithetical to his boss (the AG) or even opposed by the President, who is their boss—and nothing will happen to him.

In short, the AG can’t be fired for simply taking some action that’s inconsistent with the president’s wishes or interests because the protection against arbitrary firing is in his appointment and confirmation his termination can only be for cause and recommending the prosecution of Hillary is not cause.

The question then becomes, what would happen were the FBI Director to recommend that Hillary be indicted?

There are three options: One, the AG shelves the recommendation where it collects dust for several months going into the first months of Hillary’s administration in which case what to do with it would be obvious (hint: nothing). Two, the AG can empanel a jury and have Hillary indicted. Three, she can receive the recommendation and declare to the world “after carefully reviewing the recommendation, I have concluded there’s no sufficient legal basis to seek an indictment.”

In the informed opinion of this writer, even though the first option is extremely attractive and less problematic for the AG or president for that matter, the third option would be the case even if there’s evidence gathered to indict a hapless and average Joe or Jane Doe.

This is because in American jurisprudence, one has traditionally been deemed to be innocent until proven guilty but this notion is increasingly being turned on its head to the point it’s now the case one is guilty until proven innocent, especially in politically charged cases.

Thus, in the event Hillary is indicted, that would be the equivalent of having her declared she’s guilty as charged long before even a trial takes place to put the government to task in proving the case beyond a reasonable doubt, which no one serious who knows anything about criminal law other than hapless partisans thinks they can.

Indicting Hillary will therefore be grossly unfair and irreparably so, especially given the fact as noted above, it’s more likely than not that she will ultimately be acquitted of all charges were she to be charged and therefore in hindsight be a victim of an overambitious prosecution that serves nobody any good other than those baying for her political blood and throwing the Democratic Party into a spin that could only be worse and fatalistic than the mess Republicans find themselves.

That’s a prospect no president would want for his or her party as a legacy and the AG knows that so she would do the right thing without the President even as suggesting that she does so and follow either of the two options above and certainly not having Hillary indicted.

It’s exactly what a Republican president would want done under identical circumstances.
In other words, it’s as old-fashioned politics as it can be that’s not to say it would be the case were the circumstances different, say, an open and shut case of criminal conduct.

That’s not the case here therefore expect Hillary to continue marching to White House this time and the next and first female person to hold that powerful office.

 
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Posted by on February 11, 2016 in Law, Politics

 

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Termination of ICC Case Against H.E. President Uhuru Kenyatta Good For Our Beloved Country

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Termination of the ICC case against H.E. President Uhuru Kenyatta is good for the country for a number of reasons that I have previously articulated as documented below in a series of articles published by the Star.

Now that this chapter of our history is closed, we can focus on the next one and that’s all of us pulling together to make sure there’s continued peace and progress in the country.

I recall just the other day having a conversation on an EK flight from Dubai to Nairobi with someone I met in Business Class who happens to know me very well and I know of him very well even though we had not previously met in person.[An earlier version of this blog stated this happened on a KQ flight from Entebbe to Nairobi but that’s an entirely different conversation with someone else to be the subject of another blog for another day but I have corrected this one for historical accuracy].

What impressed me most is he and his friends who were traveling together and I had a very engaging conversation but none of us cared to know what our tribe or political affiliation was even though by our physical outlook you can eliminate one belonging to this or that tribe (read: not African but Kenyan) but it’s how the conversation occurred and the new friendship that matters.

This can be replicated regardless of tribe or ethnicity or circumstances for that matter and that’s what we all as Kenyans should strive for and that’s being open minded and willing to accept and engage those we don’t readily know for it may turn out it’s someone like this friend had we proceeded without engaging each other, we would never have known we were on the same flight and literally neighbors across the aisle.

Interestingly, this gentleman who I met on the Emirates flight knows very well and is known very well by one of my most vicious haters on these Internets (GW Bush word, not mine)–something we didn’t even waste a second to discuss because it’s not worth it as serious businessmen like this gentleman and adults for that matter know only morons and otherwise not fully mentally grown adults would engage in that kind of vile hatred and attacks of others for no reason–not even political motivation should ever have one stoop that low in expression of the level of vicious hatred and name calling yours truly has been subjected to but nonetheless forgives the tormentors.

Now, if only we can all forgive and move our country forward that would be the greatest gift we can give our beloved country for the benefit of one and all, including those who will be there after we’re all long gone.

And now, a reminder of the reasons why dropping of the ICC cases against our president is good for the country follow the links or if unable google same:

Bring ICC Cases Back Home

The Truth About ICC Cases

Why Uhuru Should Skip ICC Trials

Pursuing ICC Cases Is Counter-Productive

ICC Not Solution To Poll Violence

Raila and Cord Should Support ICC Deferral

Justice For Poll Violence Lies In Kenya

Options Beyond Denial of ICC Deferral

ICC Termination Not Impunity

Why Kenya Is Determined To Stop ICC Cases

President Uhuru Kenyatta’s Case ICC Trial Can Now Begin

Why President Uhuru Kenyatta’s Case Won’t Stand

Termination is not vindication of those of us who have been maintaining this position from the very beginning of this [fill the blank what suits you], it’s an affirmation sometimes the right thing is hidden from others until it’s very transparent and no longer opaque.

Peace, Unity and Truth

Omwenga

 
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Posted by on March 13, 2015 in Law, Politics

 

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Chief Justice Willy Mutunga Should Resign

Mutunga.Mess

In my column this weekend Chief Justice Mutunga Should Resign I start making the case why the CJ should resign or be replaced for the good of the judiciary and country.

Excerpts:

Many people must be scratching their heads wondering why on earth Chief Justice Willy Mutunga is in a hot seat especially with Jubilee barely a few months after he led the Supreme Court in making a decision in the ruling coalition’s favor.

Some of the woes Chief Justice Mutunga is facing existed even before he took over at the Supreme Court but many are largely his own making.

The irony of this is that CJ Mutunga was supposed to lead a new, reformed judiciary or at least one on the path to greater reform.

Those who pushed for his appointment as Chief Justice argued that as an outsider with a civil society background, Mutunga would bring a breath of fresh air, new ideas, resolve and no strings attached to the very rotten judiciary we had then.

Ask anyone of those who so believed what they think of the Chief Justice now. You are likely to be hit with unprintable epithets even before you finish asking the question.

To be sure, it’s not an exaggeration or in bad faith to say Chief Justice Mutunga has gravely and extremely disappointed Kenyans in the way he has handled himself as Chief Justice and President of the Supreme Court.

He has at a minimum squandered all the goodwill Kenyans accorded him to do the right thing in reforming the judiciary. Therefore, the right thing for him to do now is to simply resign and give the country an opportunity to jump start the reforms that were underway when he was appointed. The reforms appear to be stalling with the ongoing power struggles within and outside the judiciary.

Along with the Chief Justice resigning, the Judicial Service Commission should be disbanded and reconstituted or entirely scrapped.

 In fact, the latter should happen first, namely, the reconstitution or altogether the scrapping of the JSC. President Uhuru Kenyatta’s move to suspend the six commissioners was constitutional and and the court was wrong to overturn it.

 If the evidence is half as bad as it’s been reported, then all of these commissioners should be sacked and the management and staffing of the Judiciary be completely overhauled.

Meanwhile, if Chief Justice Mutunga does the right thing and resigns, Deputy Chief Justice Kalpana Rawal can temporarily take over his duties while the JSC is either reconstituted or scrapped. Its work can be delegated to the administration arm of the Judiciary or shared elsewhere, including the appropriate select committees of the Senate or Parliament as the case maybe.

That being said, it should be noted that significant reforms have taken place in the Judiciary despite the mess it’s in now with the ongoing power struggles.

A good testament of this is this very JSC mess whereby a judge has, in fact, issued an injunction preventing an order by President Uhuru Kenyatta from being given effect. Ask yourself, would this have been possible during the late President Jomo Kenyatta’s time or even during former President Daniel Arap Moi’s reign?

The point is, yes, we have made great progress to be where we are in terms of judicial and governance reforms but more must be done if we are to come close to fully enjoying the fruits of independence.

However, these reforms can only continue to advance with the right people in key positions. We have the wrong person heading the judiciary and it’s for this reason he should resign or be replaced.

 
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Posted by on December 7, 2013 in Law, Politics

 

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