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Dear Donald: Please pardon Martha! — 13 Comments

  1. It was always a hit job on her, given how much I knew Congress made “off the books”.

  2. When Martha Stewart was convicted, the company I was working for had a student intern – a prelaw honor student who later became an attorney. The student intern remarked that the Martha Stewart case showed us that no one is above the law. My reply was that the Martha Stewart case showed us that if the government wants to convict you, it can readily find a law that you have violated.

    The Martha Stewart case becomes even more relevant today, given that James Comey was the lead prosecutor. A thumb in the nose to James Comey would be an added benefit to pardoning Martha Stewart.

  3. a prelaw honor student who later became an attorney.

    Honor students and attorneys aren’t as smart as they think they are. In their field, they may be competent, or not as the case may be. But certainly outside their field they might as well be equal to the rest of humanity’s masses of incompetent wannabes.

  4. But certainly outside their field they might as well be equal to the rest of humanity’s masses of incompetent wannabes.

    That applies not only to attorneys outside their expertise, but to all of us outside our expertise. However, the Martha Stewart case was about the law, and this prelaw student was definitely not aware of how “Find the man and I’ll find the crime” fit this case rather well. (After the fall of the Berlin Wall, it would appear that Beria was no longer considered worthy of study. Knowing about Beria also points out the value of a general education- in this case about how the law is applied in different societies and in other times in history.)

  5. The linked article quotes Ken White in Reason:

    “Consider George Papadopoulos. The special counsel secured his guilty plea not for improper contact with the Russians but for lying about that contact to the FBI. Consider Michael Flynn. He too pled guilty not to unlawful contact with Russians but to lying to the FBI about that contact. Consider Scooter Libby, or Martha Stewart, or Dennis Hastert, or James Cartwright, all taken down by the feds not for their alleged original misconduct but for lying about it.”

    Perhaps I’m missing something, but doesn’t the 5th Amendment say that we cannot be forced to testify against ourselves?

  6. “Perhaps I’m missing something, but doesn’t the 5th Amendment say that we cannot be forced to testify against ourselves?”

    You deplorable Legalist!!!

  7. Aesop:

    I worry about the winds that will blow when they cut down all the laws to get at the Devil. . .

  8. The 5th is why the FBI told Martha that they were just “interviewing her” and just “clarifying a few things”. That way you don’t realize you are under investigation and don’t record your “interview” which is actually an interrogation designed a a fishing expedition.

    This way the perp and target isn’t alerted and can’t do their Miranda silence rights, cause they aren’t under arrest and they don’t know they are in interrogation so they don’t utilize their right to be silent. So when you don’t feel threatened by the FBI, you start talking. Interrogation trick, good cop vs bad cop. This is the good cop routine. Classic textbook.

    So when the target doesn’t claim the 5th or remain silent, we got them. So long as they keep talking, we can keep finding inconsistencies and which can be painted later on as lies.

    The FBI can also pressure you into thinking that remaining silent and not cooperating is obstructing their justice. They may catch you on that too, but it is far better than taking the “interview”.

    This is why a competent and loyal attorney would tell Trum not to take the FBI’s “interview” based on the presupposition that Trum is not one of the TARGETS OF THE INVESTIGATION. You are always the potential target, if the FBi is interrogating you. It doesn’t matter what they told you or what you think. This is the good cop routine vs the bad cop routine. If you want to see the bad cop… fall for the good cop routine.

  9. ” If you want to see the bad cop… fall for the good cop routine.”

    However, it is becoming increasingly clear that in any case with a political angle, there are no good cops.
    Just masquerades.

    And even outside of the political realm:
    Are there any good FBI cops at all, that is, those whose primary goal is, in fact, uncovering facts and discovering the actual perpetrators of some crime.

    I think there are more bad cops than we have ever realized, based on the statistical improbability of my own experience in being friends with two college class-mates who were investigated by the FBI.

    They both had their homes and offices raided a la Mr. Manafort, although for different alleged offenses, and underwent massive harassment personally and financially — with no underlying crime having been committed (anonymous false “tips” from a fired worker in one case, and I don’t remember the other one any more).

    The significant part is that BOTH were cleared by the courts, and the FBI agents soundly chastised by the judges for not following clear evidence that neither defendant was guilty of any of the charges, but the agency was adamant that by golly they were going to get somebody, without regard to law, procedure, or facts.

    Now, what are the odds of any one person in the US –without political, high finance, or big business connections — knowing two people treated illegally and unfairly by the FBI?

  10. Question: when interviewed by the FBI informally, where the interview is not recorded, can a person whip out their own tape recorder?

    if not, why not? In today’s world, it would seem to be prudent to do so.

  11. They both had their homes and offices raided a la Mr. Manafort, although for different alleged offenses, and underwent massive harassment personally and financially – with no underlying crime having been committed (anonymous false “tips” from a fired worker in one case, and I don’t remember the other one any more).

    They are already lucky not to get their head shot off ala Waco 1 and 2.

    That’s already non corrupt there.

    Of course there are good FBI agents. Most of them come from religions where the ultimate authority is not the “State” heh.

    Now, what are the odds of any one person in the US —without political, high finance, or big business connections – knowing two people treated illegally and unfairly by the FBI?

    What are the chances of the Bundy clan being Latter Day Saint, and Reid also being part of the same religious hierarchy membership list?

    For a population that are less than 2% of the USA total, just like Jews, there are strange statistical outliers.

    However, it is becoming increasingly clear that in any case with a political angle, there are no good cops.
    Just masquerades.

    That is what the good cop vs bad cop routine is. Two people play a game where they pretend to be opposing each other: Red vs Blue. This makes it easier to interrogate people.

    Online Search “SWAT RAID DEATHS” If you want to see how loyal your Thin Blue Line people unions are.

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