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Thursday, December 08, 2005

Coulter Explains The Law- CNN Tunes Out

Meanwhile, Coulter in 2 succinct paragraphs sums up the failed mission of "bagging" Tom Delay and explains what a summary judgment is:

Democrat prosecutor Ronnie Earle's conspiracy charge against Tom DeLay was thrown out this week, which came as a surprise to people who think it's normal for a prosecutor to have to empanel six grand juries in order to get an indictment on simple fund-raising violations. Mr. Earle will presumably assemble a seventh grand jury as soon as he locates someone in the county who hasn't served on a previous one.

It probably goes without saying that it is extraordinary for criminal charges to be thrown out by a judge before any jury ever hears the evidence. Juries decide guilt or innocence in this country. For the judge to dismiss an indictment before trial, it means he concluded that – even if the jury finds everything Ronnie Earle alleges to be true – no crime was committed.

Then in another lesson on legal procedure, unlike CNN reporters who report that the remaining charge not thrown out by the judge is very bad news for Delay, Coulter writes:

In fact, all we know as a result of the judge's ruling on Monday is that the remaining charge against DeLay, if proved, would at least constitute a crime.

Judges have limited powers to decide issues. In fact, they are able to only decide the legal issues. Facts are decided by juries. Cases or charges must be dismissed by the judge, and do not have to go to juries for a decision, when all charges made by the prosecutor (or the plaintiff in civil cases) are accepted as true and still do not amount to a breach of law.

That is a limited power but is one we need to clear out personal or political vendettas where there is no underlying crime committed. What remains is the "money laundering" charge that is hanging by a thread.

That is defined as: "To move illegally acquired cash through financial systems so that it appears to be legally acquired."

It seems that if the original charges do not taint the money, then it cannot be laudered. No, CNN. Even this charge may not make it to the jury either. And Coulter is right. When 2 out of 3 charges against you are dismissed prior to trial, you have averted serious peril.

But then the specific CNN reporter, Bill Schneider, per Ann:

According to Schneider, the judge's failure to dismiss the money laundering charges proves "obviously, on at least one charge the judge disagreed" with DeLay's claim that the prosecutor was politically motivated. Schneider's entire understanding of criminal law was apparently shaped during the "Ally McBeal" years.

Schneider would have said more, but he had to run off to file a story about how 4.3 percent growth, 215,000 new jobs, record productivity gains and continued growth in real estate prices were "not good" news for the economy.

Good ones.


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