Prosecutors in the DOJ, in US attorneys’ offices across the country, have a combined charge to conviction ratio of over 99%. At first glance, this may be the most incredible statistic anyone has ever heard, and which federal prosecutors consider the best in the world, almost too good. But while federal prosecutors are (in general) very, very good, the above statistic should embarrass you. That means they are not taking on enough severe cases. This means that they will only bring charges against those whom they have unequivocally convicted. It is actually a statistic that reflects fearful office, the fear of ever losing even in the face of blatant injustice.
But if a former federal prosecutor “guarantees” a victory against someone based on the evidence, he should probably be taken at his word. Because they don’t lose, and that’s Glenn Kirschner’s point when he appeared radio Host Dean Obidallah and said that in view of the current evidence against former President Donald Trump he could “guarantee” a conviction.
[L]Remember, it goes back to April when Donald Trump said, “Listen, in the unlikely event I lose, it will be a product of fraud.”
Apparently there was no good faith basis to say the election was fraudulent – it was six months at this point. He softened the ground for his attempt to steal the election.
I mean all of that Dean, you know this is understandable to a third grader when you put it together. You give me three hours in front of a DC jury. I guarantee you will vote guilty that Donald Trump tried to corruptly steal a presidential election. The evidence is overwhelming, it is irrefutable and all we need is strong prosecutors to go ahead and take the darned case to justice.
Those of us who are nowhere near as good or experienced lawyers as Glenn Kirschner do not doubt his testimony. Our doubts are whether there are (and have the power) strong prosecutors to step in and bring the “damned case to justice.”
As we noted above, far from being invulnerable and unbeatable, they are actually shy and afraid of losing more than they feel the need to seek justice, even under circumstances in which they do don’t have as much evidence as they “wish” to have. .
Trump’s not about the volume, it’s about whether they want to lose in court or in public. Somebody has to ask Merrick Garland exactly how much evidence he needs to prove Trump committed a crime.
Jason Miciak is a political writer, writer, writer, and lawyer. Originally from Canada, he grew up in the Pacific Northwest as a dual Canadian-American citizen, for which he is more grateful every day. Now he’s enjoying life as a single father, writing about the beaches on the Gulf Coast and getting advice from his beloved daughter and teammate. He is the dreamy mystic who can’t add anything and loves dogs more than most people. He also enjoys studying cooking, theoretical physics, cosmology and quantum mechanics. He likes pizza.
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