Using the courts as a political weapon

A unanimous SCOTUS ruled on The McDonnell Case: Another Study in Criminal Law as Democratic Partisan Warfare. Clarice Feldman explains.

It’s common for those unhappy with a decision to criticize the partisanship of the judges involved, but the weakness of the case, which was evident when it was argued in the Supreme Court (and during the trial itself), and the fact that it was reversed unanimously warrants a raised eyebrow. It comes on the heels of the reversed prosecutions of then-Senator Ted Stevens, Governor Rick Perry, House Majority leader Tom DeLay, the IRS war on Obama’s opponents in the tea party and other conservative groups, and the outrageous trampling the rights of those who worked for and supported Wisconsin Governor Scott Walker. This case and those matters lead to an inescapable conclusion: With the endorsement of partisan juries and/or judges, the Democratic Party seeks to and will use the power of the prosecution to destroy Republican political leaders and anyone who supports them.

The law was thus rather well settled on this point, and neither the prosecution nor the trial and appellate courts gave it the required deference nor exercised any reasonable (or fair) judgment on the salient issue.

In the meantime, McDonnell’s political career, finances and family have suffered greatly by this strained reading of the law to cover conduct which the Supreme Court and ordinary common sense supports was not criminal , but rather ordinary and perfectly proper official conduct.

What I would bet on is that Democrats will continue to stretch the criminal law for partisan advantage, and that, if elected; Hillary will appoint prosecutors and judges willing to continue to mount such legal warfare.

“Warrants a raised eyebrow?” That seems to be a bit of understatement, especially in light of the previous post about a cohort of partisan AG’s going after the First Amendment for the cause. The Left, and the Democrats, loose many and suffer many casualties but they keep going, keep at it, knowing that there will be an occasional victory and another small push forward in the cause.

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