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Criminal law Should be Inelastic

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Posted By: Mercedes44, 12/1/2024 5:10:34 AM

Criminal law should be clear so that those covered by it can understand what is permitted and what is prohibited. It’s not the place for creative interpretations by the judiciary or partisan prosecutors. Jack Smith has now dropped his cases against president-elect Donald Trump on the grounds that a president cannot be criminally prosecuted, but there is much more that made these prosecutions untenable: They were never grounded in any fair reading of the law that Smith relied upon. The two cases involved Trump’s handling of classified material and his purported efforts to overturn the results of the 2020 election.

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Reply 1 - Posted by: Jesuslover54 12/1/2024 6:41:05 AM (No. 1846312)
And all of this will come back as soon as the Democrats are back in power. Obama (et al) delenda est!
9 people like this.

Reply 2 - Posted by: padiva 12/1/2024 7:38:14 AM (No. 1846360)
'Oh what a tangled web we weave when at first we start to deceive.' Jack-boy needs to be careful. There may be multiple felonies for a simple entry in his income taxes.
8 people like this.

Reply 3 - Posted by: Strike3 12/1/2024 7:46:33 AM (No. 1846371)
Better yet, just read the Constitution. Trump was president 45 and entitled to all classified information. Biden was Hussein's VP and entitled to remove none of it but there it sat in a Chinese facility and next to his Corvette in a garage.
14 people like this.

Reply 4 - Posted by: thethirdruffian 12/1/2024 8:35:52 AM (No. 1846413)
Criminal law, to avoid ex post facto constitutional violation must be read as narrowly as possible. Every benefit of ambiguity must be read such that if something is not expressly a crime, it is not a crime. The new tendency of creative charging by the DOJ flies in the face of this basic principle of the legal system.
6 people like this.

Reply 5 - Posted by: bpl40 12/1/2024 9:08:06 AM (No. 1846444)
Conspiracy to defraud the United States assumes that the Government of the US was engaged in a lawful, constitutional act - namely certifying the results of a legitimate and honest election. That assumption itself, it has becoming increasingly clear in the last four years, could be doubtful. So Trump being a duly elected President, might not be the required reason.
1 person likes this.

Reply 6 - Posted by: Miss T 12/1/2024 5:51:06 PM (No. 1846490)
As usual, a concise and logical article by Ms. Feldman. She is correct, that the law should be interpreted so that the ordinary person is on notice as to what exactly is a crime.
2 people like this.

Reply 7 - Posted by: Rumblehog 12/1/2024 9:53:51 PM (No. 1846527)
Our laws are written by, or changed to comport with criminal defense attorney desires. Our Criminal Justice system is 60% favorable to the criminally charged/convicted and only 40% to the Prosecution aka "We the People." That is, unless one is a conservative, Republican, law enforcement, military then it's more like 70/30.
1 person likes this.

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