Trump acolytes did not shy away from mocking Mueller’s indictment of 13 Russians and 3 Russian entities a few weeks ago (with more of these indictments to surely follow.)
The mockery boiled down to “concluding’ the wasted effort of indicting any foreign individual who would never personally show up at trial.
Well, as usual, these Trump cult members are both wrong and ignorant of legal strategies.
Recently I attended a state-sponsored seminar of prosecutors where this issue (among many others) was addressed, and the consensus was actually praise of Mueller’s approach, for TWO important reasons:
First, having grand juries issue indictments for possible trials in absentia is a sound approach in ensuring that a controversial issue does NOT disappear solely because those indicted are not present. Guilt or innocence based on the indictments would STILL be adjudicated with evidence and subpoenaed witnesses.
Second, even if Trump were to pardon any and all of his corrupt cronies, these people would NOT be exempted from having to testify AND no longer able to plead the 5th from self-incrimination.
Finally, we must always bear in mind that some of these possible trials may be held in state venues and not federal courts.
Bottom line: Mueller IS one of the smartest prosecutors of our generation.
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I have to hand it to Mueller.
If he were a doctor, he would be the guy who managed to prolong the life of a stage-4 brain cancer patient who was sawed in half just below the ribs by 6 months.
He is the Leonardo Da Vinci of bullshit artistry.
Did they discuss how the model rules of professional conduct (particularly that of a prosecutor) and the DOJ Ethics Handbook Rules as they relate Mueller'and his team (and the actions of the Obama DOJ leading up to the investigation)?
Model Rule of Professional Conduct
Rule 3.1 Meritorious Claims And Contentions
A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous, which includes a good faith argument for an extension, modification or reversal of existing law. A lawyer for the defendant in a criminal proceeding, or the respondent in a proceeding that could result in incarceration, may nevertheless so defend the proceeding as to require that every element of the case be established.
Rule 3.2 Expediting Litigation
A lawyer shall make reasonable efforts to expedite litigation consistent with the interests of the client.
Rule 3.3 Candor Toward The Tribunal
(a) A lawyer shall not knowingly:
(1) make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer;
Rule 3.4 Fairness To Opposing Party And Counsel
A lawyer shall not:
(a) unlawfully obstruct another party' s access to evidence or unlawfully alter, destroy or conceal a document or other material having potential evidentiary value. A lawyer shall not counsel or assist another person to do any such act;
3.8: Special Responsibilities of a Prosecutor:
The prosecutor in a criminal case shall:
(a) refrain from prosecuting a charge that the prosecutor knows is not supported by probable cause;
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(d) make timely disclosure to the defense of all evidence or information known to the prosecutor that tends to negate the guilt of the accused or mitigates the offense, and, in connection with sentencing, disclose to the defense and to the tribunal all unprivileged mitigating information known to the prosecutor, except when the prosecutor is relieved of this responsibility by a protective order of the tribunal;
Rule 8.4 Misconduct
It is professional misconduct for a lawyer to:
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(c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation;
(d) engage in conduct that is prejudicial to the administration of justice;
Model Rules of Professional Conduct: Table of Contents | The Center for Professional Responsibility
DOJ Ethics Handbook
14 General Principles of Ethical Conduct
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8. Employees shall act impartially and not give preferential treatment to any private organization or individual.
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11. Employees shall disclose waste, fraud, abuse, and corruption to the appropriate authorities.
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14. Employees shall endeavor to avoid any actions creating the appearance that they are violating the law or the ethical standards set forth in this part.
Ethics Handbook for On and Off-Duty Conduct | JMD | Department of Justice