Thursday, June 7, 2007

June 07_2007 - Some Thoughts on "Special Prosecuters" & Scooter Libby's Prison Sentence

Continuing on with my post from yesterday in re the injustice of the grand jury system and its misuse by so-called Special Prosecutors (i.e., those appointed to investigate political crimes) here is some profound analysis from Democratic Party operative and law professor Susan Estrich.

On Grand Juries:
"Libby is in trouble not for what he did, but because he wasn't as careful as the others during his interviews and grand jury testimony. If he'd just said, 'I don't recall' a hundred times, or even invoked the Fifth (whether properly or not, following the Monica Goodling approach), he wouldn't be bankrupt, ruined, disgraced and heading to prison."


On Special Prosecutors:
"The whole phenomenon of special prosecutors turns the usual rules of investigating on their head. Instead of focusing on crimes, special prosecutors tend to focus on people themselves. Dig deep enough, ask enough questions, particularly under oath, and only those most experienced with the criminal justice system are likely to escape unscathed. Hardened criminals know enough to shut up. For others, the human tendency is to say too much, to shade the facts, to try to protect yourself and your colleagues, not necessarily from criminality, but from embarrassment. Lewis Libby is a lawyer, but he hadn't practiced in years, and neither had his wife. Unfortunately for him, it cost him plenty."


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