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There is a legal principle called "Prosecutorial Discretion"

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Stinky The Clown Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-05-11 11:00 AM
Original message
There is a legal principle called "Prosecutorial Discretion"
Why are resources being spent to chase Edwards?

If the case were to stop dead, right now, today, he is still a man who has his best days behind him. He will never be able to run for public office. He will be hard pressed to find injured people willing to have him represent him.

I am willing to bet his kids are none to happy with him. <---- ***Pure*** speculation.

The woman at the center of this mess has no use for him.

What good does continued prosecution do? Who is saved by this action? What resources are we spending on what is, to almost all people in this country, another hunt for a loose zipper in a slick guy's pants?

Prosecutorial discretion would, it seems to me, have stopped this before it ever started. But it didn't. I can't stop asking why.
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John_Adams Donating Member (110 posts) Send PM | Profile | Ignore Sun Jun-05-11 11:09 AM
Response to Original message
1. I see your point; however, there is a "perception" of a double-standard of justice
in this country.

In short, the prosecution is damned if they do and damned if they don't.
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nonperson Donating Member (901 posts) Send PM | Profile | Ignore Sun Jun-05-11 11:20 AM
Response to Reply #1
5. There is no perception of a double-standard of justice
There is only actual the double-standard of justice in this country and it's where admitted war criminals who publicly admitted to using illegal torture, admitted war criminals who illegally invaded a nation based on complete lies causing death and mayhem for millions, where criminals who were responsible for domestic spying and subverting the entire Justice Department, where Supreme Court justices can fail to claim their wife's income on their tax return FOR YEARS, where a sitting VP can out a CIA agent without repercussions are not prosecuted while former Democratic presidential challengers are investigated and indicted on very questionable grounds and using heretofore untested legal theory.

That's the only double-standard in this fucked up Obama/Holder Justice Department.

http://www.google.com/hostednews/ap/article/ALeqM5g9TsT3vqTVHWCPXBuf2oqd3VYP8g?docId=e61ed9689d7844cd930d48efac4e331a

Pitfalls abound for prosecutors in Edwards case

By MIKE BAKER, Associated Press – 1 day ago

RALEIGH, N.C. (AP) — Two crucial witnesses are dead. Another is 100 years old. A fourth was recently held in contempt of court.

The daring indictment of two-time presidential candidate John Edwards has pitfalls at every turn for federal prosecutors, adding strain to a Justice Department section still trying to recover after botching its last major political case.

Government attorneys are relying on an untested legal theory to argue that money used to tangentially help a candidate — in this case, by keeping Edwards' pregnant mistress private during his 2008 presidential run — should have been considered a campaign contribution. Edwards' attorneys counter with an argument that's reprehensible but could raise reasonable doubts with a jury: He was only interested in hiding the affair from his cancer-stricken wife, who died in December.

The six-count indictment accuses Edwards of conspiracy, taking illegal campaign contributions and making false statements. On Friday, appearing both defiant and contrite, he insisted he did not break the law.

Some legal experts tend to agree.



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John_Adams Donating Member (110 posts) Send PM | Profile | Ignore Sun Jun-05-11 12:53 PM
Response to Reply #5
12. That is precisely why perception is in quotations...
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pnwmom Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-05-11 11:10 AM
Response to Original message
2. It must be to warn rich people and corporations like Citizen United not to make anonymous gifts.
Oh wait . . . .
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Cid_B Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-05-11 11:11 AM
Response to Original message
3. Why would it?
Just because the cop can choose to not give you the speeding ticket doesn't mean that he should.

Why would a prosecutor spend that kind of political capital to let him go? What motive is there other than "I'm sure he's suffered enough"
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elleng Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-05-11 11:13 AM
Response to Original message
4. In their discretion, they decided to teach a lesson, perhaps.
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mopinko Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-05-11 11:26 AM
Response to Original message
6. it is all too obvious when they DON'T prosecute
john ensign. yeah, why is a good question.
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obxhead Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-05-11 11:29 AM
Response to Original message
7. If he were a Republican, that discretion would be exercised.
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xiamiam Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-05-11 11:33 AM
Response to Original message
8. does it make me feel better as an american citizen? no
i agree with the op..edwards is toast..so what..he brought it on himself..but do i feel more confident in our justice system because he's been indicted?..no.. everyone mentioned in the op as well as the wall street criminals are running around free and getting bonuses for their crimes..makes me feel worse
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OffWithTheirHeads Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-05-11 12:17 PM
Response to Original message
9. Why you ask? I read on an earlier thread that the prosecutor used to
Work for a judge whose nomination to a higher office was blocked by Edwards. Also, the prosecutor is one of the Bush holdover time bombs that still infect the hallowed halls. Think Siegleman.
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treestar Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-05-11 12:24 PM
Response to Original message
10. It is exercised only within certain boundaries
There may be justice department memos on it. It is not supposed to be abused, that is, used capriciously. There are usually policies behind it.
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OKNancy Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-05-11 12:27 PM
Response to Original message
11. Edwards screwed up when he hired Greg Craig on as a lawyer
for his defense. He was hoping because Craig was Obama's White House counsel, he would have pull with the AG's office.
It backfired though. If they decided not to prosecute, there would have been a shit-storm charging influence and favorable treatment.

Doesn't anyone recall some of the stories? Here is one from March 5th

http://abcnews.go.com/Politics/john-edwards-case-watchdog-blasts-hiring-gregory-craig/story?id=13061531
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Stinky The Clown Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-05-11 12:54 PM
Response to Reply #11
13. To be honest, I didn't follow this story at any level of detail.
He was scuzzy. That's all I felt I needed to know. Now that it has gotten seriously into the legal system, I am more aware of it. I bet a lot of people are the same as me.
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