tag:blogger.com,1999:blog-1608697421187043479.post6384260333082106066..comments2023-10-19T21:48:56.560-05:00Comments on meaning in history: The Problem Of Prosecutorial Immunitymark wauckhttp://www.blogger.com/profile/08247066866195200890noreply@blogger.comBlogger11125tag:blogger.com,1999:blog-1608697421187043479.post-2641938987817407972020-02-22T12:15:07.601-06:002020-02-22T12:15:07.601-06:00It's quite striking, that SCOTUS pulled out of...It's quite striking, that SCOTUS pulled out of its ass with no justification, just a few years after emergence of revelations, of *major* abuses by the D.S. agencies, incl. of investigatory powers targeting innocent citizens.<br />I'd have thought, that the MSM would've given folks like Dersh a fair chance, to raise hell vs. this unanimous Imbler v. Pachtman ruling. <br /><br />"aNanyMousehttps://www.blogger.com/profile/14452492302514671882noreply@blogger.comtag:blogger.com,1999:blog-1608697421187043479.post-43910793112044196322020-02-22T11:58:25.413-06:002020-02-22T11:58:25.413-06:00I agree with everything you're saying. I suspe...I agree with everything you're saying. I suspect--without having read the opinion--that the thinking behind the decision stems from the traditional notion of 'officers of the court'.<br /><br />I'll do a post on that to illustrate how misguided absolute immunity is.mark wauckhttps://www.blogger.com/profile/08247066866195200890noreply@blogger.comtag:blogger.com,1999:blog-1608697421187043479.post-46536662960441917452020-02-22T11:50:23.111-06:002020-02-22T11:50:23.111-06:00It's hard to overstate the outrageousness of t...It's hard to overstate the outrageousness of this.<br /><br />First, half the bill of rights deal with, in essence, prosecutorial abuse.<br /><br />Second, most judges began as prosecutors, so there's more than a little conflict of interest here.<br /><br />Third, it is impossible to conceive of prosecutors as 'quasi-judicial officers.' They are unequivocally officers of the mistcrnoreply@blogger.comtag:blogger.com,1999:blog-1608697421187043479.post-85986947848654863062020-02-22T11:39:50.735-06:002020-02-22T11:39:50.735-06:00Joe, the argument of speaker #1 is that this has z...Joe, the argument of speaker #1 is that this has zero to do with the Founding Fathers and there's no loophole or anything of the sort--this is totally something that the SCOTUS pulled out of its ass with no justification. They were doing policy rather than law, and got it very, very, wrong.mark wauckhttps://www.blogger.com/profile/08247066866195200890noreply@blogger.comtag:blogger.com,1999:blog-1608697421187043479.post-87682524741844693232020-02-22T11:34:06.536-06:002020-02-22T11:34:06.536-06:00I'm no lawyer and I want to make clear that I&...I'm no lawyer and I want to make clear that I'm not disuputing you, Mr. Wauck.<br /><br />The Founding Fathers never intended to provide immunity to rogue prosecutors. To good-faith errors, maybe. The thought was probably in a case where a prosecutor had a good case but the defendant was acquitted, which is (or at least used to be often.) I'm sure they didn't want every Joenoreply@blogger.comtag:blogger.com,1999:blog-1608697421187043479.post-84924773371575724732020-02-22T11:25:09.196-06:002020-02-22T11:25:09.196-06:00#3 No, Enron:
https://thefederalist.com/2018/11/0...#3 No, Enron:<br /><br />https://thefederalist.com/2018/11/08/robert-muellers-lead-prosecutor-history-ethics-violations/<br /><br />#5: I would too, based on the fact that the prosecutors seemed to be intimately involved in purely investigative activity in many instances. George Papadopoulos' arrest and interrogation is a good example.mark wauckhttps://www.blogger.com/profile/08247066866195200890noreply@blogger.comtag:blogger.com,1999:blog-1608697421187043479.post-46077198283632503652020-02-22T11:08:31.263-06:002020-02-22T11:08:31.263-06:00Interesting post, Mark
A couple of thoughts:
1 A...Interesting post, Mark<br /><br />A couple of thoughts:<br /><br />1 As seems often to be the case Trump. and Trump's presidency, is a lightning rod calling attention to the ways our system has been materially corrupted over the years by the New Elites. <br /><br />2 I can easily imagine the Columbia law professor you and I wrote about a few days ago, Herbert Wechsler, applauding the 1976 Cassanderhttps://www.blogger.com/profile/11255275730299959627noreply@blogger.comtag:blogger.com,1999:blog-1608697421187043479.post-79565167343898178362020-02-22T00:34:30.326-06:002020-02-22T00:34:30.326-06:00I don’t like qualified immunity, it makes child pr...I don’t like qualified immunity, it makes child protective services so terrifying. Ray - SoCalhttps://www.blogger.com/profile/11293232996007277071noreply@blogger.comtag:blogger.com,1999:blog-1608697421187043479.post-18943419328796087162020-02-21T21:55:36.711-06:002020-02-21T21:55:36.711-06:00On the contrary:
"the Supreme Court has dete...On the contrary:<br /><br />"the Supreme Court has determined that prosecutors should be absolutely immune from civil liability for conduct that they engage in, in the litigation or the run up to deciding to bring a case, and also what they do in court."<br /><br />That's the whole argument above, that there SHOULD be a civil remedy. There isn't now:<br /><br />"the only mark wauckhttps://www.blogger.com/profile/08247066866195200890noreply@blogger.comtag:blogger.com,1999:blog-1608697421187043479.post-70616653587462439092020-02-21T21:38:17.873-06:002020-02-21T21:38:17.873-06:00It seems to me, this immunity protects them only f...It seems to me, this immunity protects them only from criminal liability. It doesn't see to protect them from civil liability.<br /><br />Rob SAnonymoushttps://www.blogger.com/profile/11656932549374089899noreply@blogger.comtag:blogger.com,1999:blog-1608697421187043479.post-10917931899909449912020-02-21T20:20:28.563-06:002020-02-21T20:20:28.563-06:00OT I thought you might find this of interest:
&qu...OT I thought you might find this of interest:<br /><br />"Paul Sperry<br />@paulsperry_<br />Turns out Eric Holder works with the father of the AUSA who signed the McCabe get-of-jail-free card. Her father and Holder are partners at Covington & Burling LLP in Washington"<br /><br />https://twitter.com/paulsperry_/status/1230646452734611457<br /><br />Wasn't that Flynn's D.https://www.blogger.com/profile/17060639162688328166noreply@blogger.com