November 22, 2021

WHY THE RITTENHOUSE PROSECUTORS SHOULD FACE ETHICS CHARGES:

The only thing surprising about the Kyle Rittenhouse verdict was how long it took the jury to reach it. As should be obvious to anyone who understands the law and had the merest familiarity with the facts of the case, Rittenhouse should never have been charged in the first place.

The American Bar Association establishes criminal justice standards for lawyers, among which are those pertaining to prosecutors. Standard 3-4.3(a) of the Prosecution Function reads as follows: “A prosecutor should seek or file criminal charges only if the prosecutor reasonably believes that the charges are supported by probable cause, that admissible evidence will be sufficient to support conviction beyond a reasonable doubt, and that the decision to charge is in the interests of justice.”

Given this standard, and given the evidence they produced at trial, the Rittenhouse prosecutors either ignored the standard or proceeded to trial unfamiliar with the state of their evidence. In other words, they were either corrupt or incompetent, and a case can be made that they were both.

Indeed.

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