What Upsets the Obamedia About ‘Fast and Furious’ Is … the Leaking!
Anyone want to bet me that these two former federal prosecutors that The Hill just happens to have on speed-dial are now themselves defense lawyers and active Democrats? In any event, the claim that the GOP investigation of Fast and Furious is now raising the specter of violent criminals getting their convictions reversed is about as frivolous as it gets.
Let’s begin at a very high level of generality. Defense lawyers will use anything as a pretext (or what the Hill portrays as a justification) for seeking a mistrial. Once your client has been convicted, what have you got to lose? The mistrial motion does not need to have any real merit to it in order for it to be filed. It is cost-free — except what you may have to pay a defense lawyer to prepare it (and most such “habeas corpus” motions are filed by defendants without the assistance of counsel — i.e., “acting pro se,” as we say in the biz). From the defendant’s perspective, the worst thing that happens (and it always happens) is the judge denies the motion. Nothing changes.
But now, let’s get to a more specific analysis. There is a mistrial motion available in the law — one the Supreme Court made up out of whole cloth — for what is known as “outrageous government misconduct.” But it is limited to outrageous conduct in the evidence-gathering process by the investigative/prosecutorial authorities. Best example is probably the case that started it all: Rochin v. California. Los Angeles deputy sheriffs, who did not have a warrant, broke into the defendant’s home and saw him grab and swallow the illegal narcotics they suspected he had. They proceeded to drag him down to the hospital and have his stomach pumped so they could recover the drugs — again, without a warrant.
Nowadays, the case would just be decided on the exclusionary rule: the warrantless arrest and search would be deemed illegal, and the drugs suppressed as “fruit of the poisonous tree” — a sort of due process gloss the courts added to the Fourth Amendment guarantee against unreasonable searches. But back when Rochin was decided in 1952, the Supreme Court had not yet applied the exclusionary rule against the states. (That happened in the 1961 Mapp v. Ohio case.) So if Felix Frankfurter and his fellow justices wanted to invalidate the very unattractive Rochin case, they had to come up with some other reason. So, as often happens, they manufactured one: a vague new due process right to seek to have an indictment dismissed if the government conduct is so outrageous as to “shock the conscience” of the court.
Holder lied, Justice cried, and a Border Agent died. Sort of sums it up.
One man’s mole is another man’s whistle blower. The former is sinister, the latter receive awards from Time Magazine.
I am no legal scholar but if they do have the wire taps based on what was said in the hearings that some in the DOJ have given Issa some information, isn’t that enough to file contempt proceedings against him? If they need prior authorization with a details of why a wire tap is necessary, then Holder is in violation of the subpeona because he has not supplied those documents. So what’s the hold up? Any other person who did not by order of a subpeona resease requested documents would be held in contempt of court and an order of arrest could be forthcoming.
It’s probably because the House Republican “leadership” is composed largely of cowards.
Concur!
Moreover, if the subpoenaed information does show DOJ malfeasance in obtaining wiretap authorization, then any information thereby obtained must be disallowed at trial, which means that petitions for mistrial are a perfectly logical consequence. Tough luck for DOJ; next time do the job right!
Even if some of the perps get to take a (unearned) walk, much as I dislike the idea, that too would have to be ok. Otherwise, the principle of due process attains an arbitrary meaning. Rules for thee, but not for me, are simply unacceptable in a republic. I think Holder (and a bunch of others) needs to be fired. He’s either incredibly stupid or incredibly fast and loose bending the law to suit his aims, maybe both. Especially at DOJ such shenanigans are a threat to all of us.
And, the fact that O’Bumba allows this to continue should result in another nail in his electoral coffin. Amateurs at his station are bad enough, but dihonest and contemptuously malfeasant amateurs exceed tolerance.
And the last time I checked, the only “Fast and Furious” related prosecutions were of gun store owners who had cooperated with the BATF (this is typical, BTW, the BATF is all around bad news).
And I don’t hear any outrage coming out of the White House regarding these leaks to the New York Times and Obama certainly did not call for a thorough investigation on how the leaks happened or on how to prevent future leaks from taking place. Disgusting when you put the lives of people on the line by leaking information just so you can keep your job at the White House. How low can you go.
Why are you republicans still moaning about this “Fast and Furious” non-story. Nobody cares! So a few people got killed. Last I checked, thousands and thousands of people are dying every minute. Life and Death is not the issue here. Since you crazy people obvioulsy can’t see the point of the whole operation, let me spell it out for you: Fast and Furious, otherwise known as “Operation Gunwalker”, and also known in the Chicago Media as “Operation Less Donuts for Oprah”, was designed to KEEP GUNS OUT OF THE HANDS OF PEOPLE, thus ensuring that there are fewer firearm deaths. Holder was trying to save lives, idiots! Get it!? How can you be against this!? How can you be against saving the lives of innocent children!? It’s like you people want to see gun violence. Madness, pure insane, crazy, nutso, Babbs-like madness.
No, the truth of the matter is that Holder was attempting to set-up a straw man so that he could claim U.S. weapons were being acquired in Arizona and smuggled into Mexico by private U.S. citizens for profit. He was planning to then claim that this had to be stopped and the only way to do it was a total ban on certain firearms in the U.S. He also was planning to ask for the registration and licensing of ALL firearms held by U.S. citizens and other residents of the U.S. In other words, the goal was to end the Second Amendment.
This is part of the longer game by U.S. “progressives” to turn the Constitution from a document that says what it means and means what it says to a ‘living document’ which can be interpreted any way the President and Congress wish. These guys believe in a fully centralized, “utopian” government in which a small “elite” tell the rest of us how to live our lives, what to eat, where to get health care, how much we can earn on the job, etc. The Nanny State, which we know does not work and which we have seen in Russia, China, Germany, Italy, and so on and so forth. Of course, that doesn’t dissuade today’s progressives from proving, once again, Einstein’s axiom that insanity is demonstrated by trying the same thing over and over again and not believing the same results.
So people dying isn’t a problem? Brian Terry’s family shouldn’t be upset that the government that represents us and those who swore to uphold it were accomplices in his death? We shouldn’t worry that Holder, as you put it, was trying to “save lives” and instead caused the loss of hundreds of lives? Wouldn’t that be akin to a fireman trying to put out a kitchen fire in the orphanage with gasoline killing all of the orphans by mistake?
You are being disingenuous and flat out making up your own narrative. The Mexican government wasn’t aware of this operation. Store owners were forced to sell guns to people they normally wouldn’t have. How is that going to reduce firearm deaths?
No. Yours is a fantasy world. Operation Fast and Furious was designed to make people upset with the guns “getting into Mexico” so that the Mexican government (remember–they weren’t told), would DEMAND that something be done and then Obama, Holder, Pelosi, Reid, and the rest of the Marxist cabal would feel justified in trying to take away our 2nd Amendment rights. Once the 2nd Amendment was out of the way, they could then take our 1st Amendment rights, followed by the rest.
Ain’t happening, fella.
Operation Gun Walker was “designed to KEEP GUNS OUT OF THE HANDS OF PEOPLE, thus ensuring that there are fewer firearm deaths.”
By giving criminal drug cartels more guns? How does that work exactly?
That’s like your doctor giving you cancer to cure a cold.
Actually, all this would do is keep guns out of law-abiding citizens. Criminals will obtain their guns illegally, so your argument is false. As well as the fact that the more law-abiding citizens that are armed contribute to lower crime rates. This has been proven time and again. The reasoon for F&F is so that the government can try to take away the 2nd amendment and make turning this country into a dictatorship much easier for them.
The way you casually dismiss the killings is scary.
If you were correct, why would Holder be telling everyone that he and his staff knew nothing of the plan. If you were correct, he would be bragging about his work to end gun violence, and the fact that gun violence actually increased would be dismissed by followers like you.
As usual, Lovely does a brilliant job of parody.
Well done.
It would be a lot funnier if gun-grabbing Democrats weren’t trying to strip us of our rights, and helping drug cartels murder people in the process.
I dont come here as often as I used to. I am pleased to see you are still here LovelyEarth.
C’mon, you guys. Can’t you tell that Lovely is being sarcastic? Sheesh. Nobody over the age of eight is stupid enough to actually believe what she wrote. And if they were, they’d be working for the re-election of the worst U.S. president in history. In which case she’d be a troll.
Now, unless you’re into bridge destruction, how can you hate a troll?
Or an 8 year-old for that matter?
I was wondering if I was the only one who read this post dripping in irony and sarcasm. Hard to believe, though, that Eric Holder and others in the Obama regime cooked up this scheme to justify gun control. And absolutely no regard was given for the hundreds of human beings who have been murdered, including two American federal law enforcement officers and agents. These human beings were sacrificed, considered necessary and acceptable collateral damage. There is one word that describes this operation and the Obama Administration that devised and implemented it:
E V I L
Yes, I’m sure that’s all it was – Holder is only trying to “save lives”. Power and govt control over the people have absolutely nothing to do with it, I’m sure. Those life saving gun laws did a lot to save people in Russia (look up homicide rates in russia through 90′s), Mexico, Germany in the 30′s and 40′s….
What is it that you don’t understand? When you cede power over your life to your ‘betters’, don’t be surprised when your welfare comes second (or third, or 145th) after their CONTROL.
The Mexican Ambassador sold Obama/Holder down the drain when he recently stated that the Mexican Government had not been advised of the “Rapido y Furioso” program.
Holder is hoping that Obama loses in November so this will all just go away.
Holder is praying that the 0 will get reelected for four more years because he knows that if this goes to contempt proceedings after the election he will have no one to give him a pardon.
If Zerobama gets defeated, he’ll pardon Holder on his way out the door.
I don’t think Republicans would go after him.
Blowback from media will be too great. Going after Steadman Holder will make them vulnerable to accusations of racism as well as not focusing on the economy.
There are benefits to being black which include the ability to drag race into an issue.
FriscoSunset, this isn’t going away, regardless of Obama’s defeat in November. This operation aided and abetted murder. Federal officials put lethal weapons into the hands of Mexican drug cartel criminals, knowing they’d use those weapons to kill. That makes these federal officials complicit in murder. Too much blood on their hands, Holder is going to prison and so are his deputies. He will not escape justice on this. The next U. S. Attorney General under President Romney (please let it be NJ Governor Chris Christie) will pursue and prosecute this case.
I’m sorry, but enabling the flow of weapons to a neighbor, with the readily foreseeable result that the weapons will kill the locals, sounds remarkably like a hostile act. Last I checked, both Mexicans and US agents are human beings.
“…the same media currently ignoring a tsunami of leaks of classified national defense information by the Obama White House — leaks designed solely to make the president look good for campaign purposes.”
I really don’t know why the president’s campaign would think that leaking classified national defense information would make the president look good. I mean is this what any American wants from their president? Who would find such actions impressive – it obviously puts national security at risk. I don’t get it.
Of course you don’t get it. What psychopaths only makes sense to them.
Well, like the leak about the new underwear bomber, I’d say that most of these leaks aren’t ours to leak. The undercover guy that exposed the underwear guy was a British mole – so that immediately spoiled that operation.
My problem with these leaks is that our allies are certainly going to think twice before sharing information with us. Who wants to have your people killed by an ally that leaks all your secrets?
Will Holder, in order to change the subject from the embarrassing Fast and Furious fiasco, launch an investigation of his own department for whistleblower leaks to Congress while turning a blind eye to the far more damaging Obama administration leaks of national defense information for the New York Times’ recent contribution to the president’s re-election campaign?
You even had to ask?
If the documents are subpoenaed, can they be “leaked”?
Congress asked for the documents and somebody at the Dept. of Justice turned them over. They have not been made public. Is that a leak?
The Old Press doesn’t seem to be at all bothered that Obama’s and Holder’s Gun Running Merchant of Death Program killed hundreds of Mexicans.
The MSM believes that “smart” Mexicans cross the border illegally, and register to vote as Democrats.
They also believe that other “smart” Mexicans work for the drug cartels, as “everyone knows” drugs are fun and good for you.
Ergo, Mexicans content to live in their own country but too law-abiding to work for “the right people” south of the Rio Grande (i.e., the narcotraficantes’) are, ipso facto, too stupid to be useful to the Cause.
Except, of course, as dead bodies to be utilized as propaganda for abolishing the Second Amendment. Which the MSM hate roughly to the same degree that they love the First Amendment- except when anyone but them, or those they regard as “worthy”, tries to use it, that is.
Once you understand their psychology, it’s not hard to figure out.
clear ether
eon
Its not just the Lame Stream EneMedia that believes that after what other possible reason could the Racist DOJ Eric Holder have for moving heaven an earth to STOP any introduction of Voter PHOTO ID. They quite clearly believe in an paternalistic Nanny State and RACIST way that Hispanics and Blacks are too STUPID to be able to obtain a Photo ID.
Congress should cut off Holder’s funding. For every document he withholds, $10K a day deducted from the DOJ budget. With several hundred thousand documents currently in the queue (ranging up to a year or so withheld) this could start to chafe.
On the merits of the argument that disclosing the subpoena’d wiretap authorizations would jeopardize pending criminal prosecutions, thanks Andrew McCarthy for calling BS. If this were evidence demanded in a real case, the judge would work the problem to permit disclosure in camera or otherwise protected. This categorical claim is ofvus. At least Holder should be forced to disclose details of the pending cases: under aliases etc. Have him swear to that much. Ha.
It is just a little crazy that we are being given this runaround when Holder and his team have been complicit in many deaths. Either they helped to engineer them by releasing these weapons in bulk to stone killers without any way to monitor let alone control them. Or they were criminally inept and out of touch, and their subordinates should be fired and in jail. Against this massive criminal conspiracy and deep damage to DOJ, we are offered Mr. Holder’s sincere befuddlement and promises to get right on it.
Contempt of Congress doesn’t begin to describe it.
You forgot the sarcasm tag.
‘Leaking’ shouldn’t upset the MSM – they can use Depends for that!
If I were a criminal defense lawyer selling mistrial motions, I’d be the same thing as a real estate agent selling the Brooklyn Bridge to Chinese tourists. Maybe I’m a boyscout, or maybe I like having a winning record, but I turn prospective clients with bad cases away. Why take someone’s money because they’re willing to fight a losing battle that I don’t want to lose? I get it, but I won’t do it because I’d have to give up being a professional, and that’s never on the table.
Just out of curiosity, what criminal cases would this endanger? The gun runners work for the DOJ, the gunshops gave up the guns on orders from the DOJ, they have no idea where the guns went after they crossed the border or who has them. All they can do is check serial numbers on the guns used in murders or crimes in Mexico if the Mexican Government asks them to. What criminal cases? The only endangerment I see is the case against Holder and the information being used against him.
Which is exactly what Holder is counting on to keep him out of stir.
Even a Presidential Pardon in his back pocket isn’t a guarantee, as courts have previously held that a pardon must be for a existing, specific charge with or without conviction. A “blanket” pardon for “unspecified” wrongdoings would not survive a court challenge, and would leave Holder open to prosecution.
Therefore, his best bet to avoid jail is to make sure that any possible evidence that may come up is tainted. Leaking the information also has the advantage (from the defense’s POV) of making it difficult if not impossible to empanel an “unbiased” jury. Note that if the case goes to a three-judge panel- or worse yet, SCOTUS- this could backfire on the defense; it has happened before.
The real minefield, however, is if the prosecution can prove that the leaks came from DOJ on Holder’s orders. If that is proven, then the exclusionary rule does not apply, as it does not permit a defendant or their legal counsel to profit from their own violation of the rules of evidence. Which means that if they try to claim “fruit of the poisonous tree”, the court will likely rule against them- and rule them in contempt if they try to pursue it further (challenging every piece of evidence as it is introduced, etc.).
If this is in fact what is happening now, it very likely means that Holder & Co. have a pretty good idea of what’s coming, and that they are getting desperate. A smart lawyer (which Holder supposedly is) doesn’t try a stunt like this unless he has no other arrows in his quiver, so to speak.
/just a guess
cheers
eon
We are entitled to know what is going on. We the people should know the truth.
HYPOCRISY is as natural to Left Wing moonbats and the Lame Stream EneMedia as it is to Muslims and Black Race Hustlers.
Why would the American media have an interest in thousands of guns and murder with Obama/Democrat involvement? There is no immorality they won’t ignore because they have no morality to begin with. What that means is that they are savages covering up for and defending savages. And hoping for four more years of it.
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