Wednesday, April 11, 2018

A Little Birdie Told Me

I'm not a criminal defense attorney, nor do I play one on TeeVee.  But "fighting back" seems to be pretty much a textbook definition of "obstruction of justice" to me.  The criminal justice system requires the government to carry the burden of proof.  The defendant need not put on a defense at all, and even then a defense is not the same as "fighting back."  In civil trials, "fighting back" means filing a counter-suit; it doesn't mean mounting a defense to the plaintiff's claims.  Indeed, the generic "Answer" (that's the name of the pleading) to a civil lawsuit simply denies the plaintiff's claims; "affirmative defenses" that may be required are simply further specific factual defenses (or legal ones).  Defendants in lawsuits don't "fight back" unless they take the part of plaintiff themselves in a counter-action.

So what Trump is saying is, he's trying to prevent any criminal investigation from actually functioning.  But it's okay, Republicans in Congress are sure Trump is "too smart" to fire Mueller (or even try).  Right?

“I don’t know anybody who really, with a straight face, can trust that this president means what he says after the patterns and the track record we have seen throughout his entire presidency,” Mika Brzezinski said. “Do I need to make a list? I mean, my god.”

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