Thursday, May 11, 2017

Posse Comey Tantrum :: SteynOnline

Posse Comey Tantrum :: SteynOnline:
"...Which is how we arrive at the brain-exploding scenario of Trump firing Comey for being unfair to Hillary. 
Boy, that Putin is always nine chess moves ahead, isn't he?
Back in the real world, the memorandum from Rod Rosenstein, Deputy Attorney General, outlining the case for firing Comey, lays bare the FBI Director's brazenness:
Image result for fbi comey cartoonThe director was wrong to usurp the Attorney General's authority on July 5, 2016, and announce his conclusion that the case should be closed without prosecution. It is not the function of the Director to make such an announcement. At most, the Director should have said the FBI had completed its investigation and presented its findings to federal prosecutors. The Director now defends his decision by asserting that he believed attorney General Loretta Lynch had a conflict. But the FBI Director is never empowered to supplant federal prosecutors and assume command of the Justice Department.
That's true. If the County Attorney has a conflict of interest, the Sheriff doesn't unilaterally step in and assume the role of prosecutor.
We do not hold press conferences to release derogatory information about the subject of a declined criminal investigation. Derogatory information sometimes is disclosed in the course of criminal investigations and prosecutions, but we never release it gratuitously. The Director laid out his version of the facts for the news media as if it were a closing argument, but without a trial. It is a textbook example of what federal prosecutors and agents are taught not to do.
That's also true. In a functioning legal system, the accused has the right to confront his accuser in open court. If you're not going to bring it into court, you don't do a drive-by prosecution at a press conference.
And more:
In response to skeptical question at a congressional hearing, the Director defended his remarks by saying that his "goal was to say what is true. What did we do, what did we find, what do we think about it." But the goal of a federal criminal investigation is not to announce our thoughts at a press conference. The goal is to determine whether there is sufficient evidence to justify a federal criminal prosecution, then allow a federal prosecutor who exercises authority delegated by the Attorney General to make a prosecutorial decision, and then - if prosecution is warranted - let the judge and jury determine the facts.
True yet again. It is for the jury to decide "what do we think about it" and thereby determine the truth of the matter - not a copper by public proclamation. So, having usurped the role of prosecutor, Comey was also adding one-man jury to the many arrows in his quiver.
And another:
Concerning his letter to the Congress on October 28, 2016, the Director cast his decision as a choice between whether he would "speak" about the FBI's decision to investigate the newly-discovered email messages or "conceal" it. "Conceal" is a loaded term that misstates the issue. When federal agents and prosecutors quietly open a criminal investigation, we are not concealing anything; we are simply following the longstanding policy that we refrain from publicizing non-public information.
...I have disliked James Comey ever since discovering he was the fellow who sent Martha Stewart to jail for supposedly lying to the FBI in a matter in which there was no underlying crime..."

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