As the saying goes, "Whom the gods would destroy, they first make mad."
Those gods have a whole bunch of destroyin' to do among the Democrats/Liberals/Progressives.
Unless the one they called 'god,' Obama....is the one in charge.
Make up your own mind:
1. "...MSNBC legal analyst Glenn Kirschner is now declaring that Trump should be charged with negligent homicide over his conduct. While insisting that, as a former prosecutor, this is something he “actually know too much about,” Kirschner proceeds to utterly misrepresent the controlling law and definitions of such a criminal case.
While I come from the other perspective of a criminal defense attorney, the argument being put forward by the MSNBC legal analyst is devoid of any basis in the law.
2. Kirchner has proven a reassuring legal analyst for MSNBC viewers in predicting Trump’s demise or, a year ago, predicting that Trump’s emergency order would quickly go down in flames.
Now, however, Kirschner is telling viewers that Trump can be charged with negligent homicide in a series of tweets:
“Hey All. Can we talk about 1 of the few topics I may actually know too much about: homicide? Specifically, whether Donald Trump may have criminal exposure for some level of negligent homicide or voluntary/involuntary manslaughter for the way he’s mishandled the Coronavirus crisis.”
3. He explained that his experience as a prosecutor gives him this confidence of a credible charge:
“I spent 22 of my 30 years as a federal prosecutor handling murder cases in Washington, DC. I served as Chief of the Homicide Section at the DC US Attorney’s Office, overseeing all murder prosecutions in the city. I was always on the lookout for novel ways to apply homicide…
I was always on the lookout for novel ways to apply homicide liability in an attempt to appropriately and ethically hold accountable those who were responsible for taking the life of a fellow human being. I think it’s fair to observe that there’s nothing more devastating to a family than losing a loved one to ether violent crime or to an illness that could have been prevented or mitigated/ I’m trying to assimilate all available evidence (rapidly developing and being reported every day) to fairly assess whether Trump and his administration may have acted/failed to act in a way that could give rise to homicide liability. This is not an easy question.”
4. It actually is “an easy question” because Kirschner’s theory is absolutely absurd. Not novel. Nonsense.
The courts have long recognized that discretionary actions by public officials is not the subject of civil, let alone criminal, liability. The Federal Tort Claims Act waives sovereign immunity for negligence with the express exception for discretionary functions. Such functions generally mean under cases like Berkovitz v. United States , 486 U.S. 531 (1988), that public officials are protected in making choices that are based on public policy or priorities. As the Supreme Court reaffirmed in United States v. Gaubert, 499 U.S. 315, 325 (1991). the federal law protects decisions that are based on policy choices and courts will not second guess such choices.
5. ... Kirschner seems entirely unburdened by the law or controlling precedent in assuring the public that this is a real option. Notably, he again repeats the MSNBC mantra of a litany of crimes by Trump that were notably omitted from any of the articles of impeachment by the Democrats. Those claims were also made with the same degree of confidence despite the fact that they conflicted with controlling precedent..."
Trump Must Be Investigated For Negligent Homicide, Manslaughter – Other News
TDS is as real as the China Virus.
Those gods have a whole bunch of destroyin' to do among the Democrats/Liberals/Progressives.
Unless the one they called 'god,' Obama....is the one in charge.
Make up your own mind:
1. "...MSNBC legal analyst Glenn Kirschner is now declaring that Trump should be charged with negligent homicide over his conduct. While insisting that, as a former prosecutor, this is something he “actually know too much about,” Kirschner proceeds to utterly misrepresent the controlling law and definitions of such a criminal case.
While I come from the other perspective of a criminal defense attorney, the argument being put forward by the MSNBC legal analyst is devoid of any basis in the law.
2. Kirchner has proven a reassuring legal analyst for MSNBC viewers in predicting Trump’s demise or, a year ago, predicting that Trump’s emergency order would quickly go down in flames.
Now, however, Kirschner is telling viewers that Trump can be charged with negligent homicide in a series of tweets:
“Hey All. Can we talk about 1 of the few topics I may actually know too much about: homicide? Specifically, whether Donald Trump may have criminal exposure for some level of negligent homicide or voluntary/involuntary manslaughter for the way he’s mishandled the Coronavirus crisis.”
3. He explained that his experience as a prosecutor gives him this confidence of a credible charge:
“I spent 22 of my 30 years as a federal prosecutor handling murder cases in Washington, DC. I served as Chief of the Homicide Section at the DC US Attorney’s Office, overseeing all murder prosecutions in the city. I was always on the lookout for novel ways to apply homicide…
I was always on the lookout for novel ways to apply homicide liability in an attempt to appropriately and ethically hold accountable those who were responsible for taking the life of a fellow human being. I think it’s fair to observe that there’s nothing more devastating to a family than losing a loved one to ether violent crime or to an illness that could have been prevented or mitigated/ I’m trying to assimilate all available evidence (rapidly developing and being reported every day) to fairly assess whether Trump and his administration may have acted/failed to act in a way that could give rise to homicide liability. This is not an easy question.”
4. It actually is “an easy question” because Kirschner’s theory is absolutely absurd. Not novel. Nonsense.
The courts have long recognized that discretionary actions by public officials is not the subject of civil, let alone criminal, liability. The Federal Tort Claims Act waives sovereign immunity for negligence with the express exception for discretionary functions. Such functions generally mean under cases like Berkovitz v. United States , 486 U.S. 531 (1988), that public officials are protected in making choices that are based on public policy or priorities. As the Supreme Court reaffirmed in United States v. Gaubert, 499 U.S. 315, 325 (1991). the federal law protects decisions that are based on policy choices and courts will not second guess such choices.
5. ... Kirschner seems entirely unburdened by the law or controlling precedent in assuring the public that this is a real option. Notably, he again repeats the MSNBC mantra of a litany of crimes by Trump that were notably omitted from any of the articles of impeachment by the Democrats. Those claims were also made with the same degree of confidence despite the fact that they conflicted with controlling precedent..."
Trump Must Be Investigated For Negligent Homicide, Manslaughter – Other News
TDS is as real as the China Virus.
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