A Touch To Much Of DOJ Politicization: Rosenstein Above Brand
I have been somewhat beyond stunned at the Emm Ess Emm rich to yammer and bloviate about the necessity of Rod Rosenstein to “recuse” because he is “conflicted”.
It is a stupid load of nonsense. First off, the discussion appears to be lead by media voices that would no know actual criminal law if it hit them in their bloviating ass. But, hey, they have a voice, right? Sure. Thing is, it ought be for the informed and intellectual, not the idiot reactionary adverse.
They would seem to be charter members of the Support Trump Club, as is Gingrich, who would be wise never to join a club that would have him as a member. The STC’s business model seems to be to sow chaos at whatever parts of government still work.
Um.
Well.
Jack Goldsmith and Benjamin Wittes do know a thing or two about criminal law, and they say:
They seem to think Rachel Brand is just fine, even though she lacks prosecutorial experience. My read (1, 2) is that she is on the farther shores of the right-wing crazy, though a different shore than Trump.
The right course of action is to place Mueller under a judge (not Ken Starr) approved by both political parties. This, of course, will never happen; guaranteed.
This full-court press suggests panic by the STC. Trump would be right to be worried about more than damage to his global personal brand. He should be worried about what any legitimate investigation would find out about Trump’s associates, his hundreds of businesses, and Trump himself. In all likelihood, a target rich environment for a criminal prosecutor.
#getPence first
Trump will do whatever he can to derail the investigation.
the most reasonable way to read this new attack on the special counsel’s investigation of the “russian election matter” is as propaganda created by trump media pushers
– to inform the faithful (as always)
and
– to undermine the doj inbestigation by enticing earnest media opinionators to take the bait and rattle away with the hope of unnerving poor rod, who always looks a bit nervous.
this in turn serves two purposes for said earnest media opinionators:
– to generate interest in one’s column and
– to indicate one is a fair and balanced opinionator.
to put this propaganda in perspective, recall that two weeks ago there was a great to do about whether special counsel muller was ethically forbidden from serving because his law firm represented trumpses.
what happened there? case dismissed by doj.
more recently, loyal dem lawyer jamie gorlick, who supported hillary clinton, is representing little trumpses. this of course is just a matter of trumpses personal preference.
a law firm representing trump, sr. has deep ties to russian nationals and recently received russian law firm of the year award so i read.
but the propaganda assaults will continue ad infinitum.
it’s a p. r. case, folks, not a law case.
The attacks against Rosenstein are a demand that he be tied to a stake and instantaneously charged, tried, and executed for the crime of impeding the path of a speeding bullet.
From a Luger. It’s been done in the past. Let’s keep it in the past.
bmaz, thanks for tweeting the Marty Lederman Just Security commentary about this issue. It seems to me a much better argument [not that I’m very knowledgeable about it all ;-} ] than that of Goldsmith/Wittes at Lawfare.
And peripherally, I thought the following part was important and not otherwise much discussed;
bmaz, do you have any thoughts you’d like to share about the Michelle Carter involuntary manslaughter conviction?
Yes, horrendous facts, but she should not stand convicted of a crime. I think…think…it will get overturned on appeal.
The ACLU of MA is spot on:
Thanks! …I hope so.
I don’t think I would count on an overturn. There is a lot more evidence of willful intent in the case of M. Carter than in almost any traffic accident death case, where, even in absence of alcohol (which, being a brain-stupefier is an intent-reducer, which is ‘colored’ an intent-enhancer in the world of judicial fictions that are defined judicial realities in 21st century U.S. judiciary fatuity).
Used to be we, in the U.S., laughed at reports from other “less enlightened” nations’ law systems just at them arresting someone who made an error or wrong or mis- judgment that for circumstances then and there and therefrom arising resulted in hurt or harm including death to other persons. But, before anyone hyperventilates in outrage at my seeming admission of callousness, faints, falls and hurts him or her self, to make me criminally responsible for injuring said potential plaintiff having a civil right to be so sensitive, let me add that that was in the days when the criminal law required proof of criminal intent, willfulness, malice, aforethought. In those days Seers could predict accidents and even Acts of God without concern that they might become criminally liable for effects of such said accident or Act injuring some third party who, not having attended the Seance and not having been thereafter warned, did suffer hurt, harm, injury, dismemberment or death, which, for absence of due warning was suffered at the responsibility of the aforesaid Seer, who Knew…
No, by this point there is so much case law affirming and precedent establishing that, the Constitutions, Federal and States, being relicts, for veneration by discontents, not guidance for jurists and lawyers, being by these precedents demonstrated nulled and mooted, the law Must adhere to the Law, the Law being Established by Law and adherence to Law, without which most law would be not law, but bilgewater and nonsense, fatuous pronouncements of flatulate legislators deeming themselves ‘law-makers’, the letters of the law must be upheld…
Besides, what is the life of a mere minor, not yet adult, with mind not yet fully formed in the scales of Justice against the weight and majesty of The Law?
There is, too, that in the era before the tiny window of our own old one, when criminality required willful malice and intent, the Law as known today existed and operated, much as today, though with different vocabulary, so that then Ms Carter would be a Witch, and would have bewitched and wrought her evil will to make the decedent etc. etc. etc.
As I recall, Salem was in Mass, and was famed for its judiciary’s abilities to identify witches and witchcrafts. So, we see, the Law has come full circle in the heartland of American spectral-base adjudication…
Maybe in prison Ms Carter can read “Fox’s Book of Martyrs”, for companionship, to see she is not alone. The numbers abused for judges being jackasses are legion.
Jesus christ, this is more rambling gibberish.
“John Parker, take this wheel. Just… just hold on, that’s good. It flies like a truck”
Politco Banzai…
“Boente is followed, on the succession list, by the U.S. attorney for the Eastern District of North Carolina, John Stuart Bruce; and the U.S. attorney for the Northern District of Texas, John Parker”
Except Bruce and Parker are both Acting status, i.e. not Senate confirmed, which means they are not eligible.
Wittes and Goldsmith are basically partisans. This is, as bmaz says, a load of partisan nonsense, and the people pushing this are doing the work of the trumpists. They deserve this monstrous government; their pointless and self-aggrandizing above-it-allism is what brought us this dirtbag administration.
Well said, Ed. One would think that Mueller would add intimidating Rosenstein directly and through cut-outs to the potential obstruction charges. Trump will, of course, do the same to any replacements at the DoJ, the FBI and as special counsel.
It may take until after 2018’s elections, with a predictable large pick-up in congresscritters for the Dems, before the House takes seriously its obligation to evaluate impeaching Donaldo.
I would add that what brought us this administration is also establishment Dems committing whole hog to neoliberalism’s priorities and the consequent torching of the interests, lives and futures of their traditional electorate.
Wouldn’t Trump finding someone to head the FBI effectively replace Rosenstein’s involvement?
No, they are completely separate functions.
Trump is famous for tossing his own people under the bus, not to mention those he imagines oppose him, but it would be hard for him to find another Attorney General with as poor a memory and as loyal, supine and willing to fall on his sword as Jefferson Beauregard Sessions III.
Oh. My. God. Never knew his full name. It all falls in place now. Fits like a surgeons glove. Thanks
It is almost as “special” as John Sidney McCain III.