The reaction to the unprecedented indictment of President Trump was predictable. Most of Trump adversaries…
The reaction to the unprecedented indictment of President Trump was predictable.
Most of Trump adversaries responded with unrestrained jubilation.
The former director of the Federal Bureau of Investigation, James Comey reacted to the news with delight.
Yes, this is the former head of the foremost law enforcement agency in the U.S.
What a fall in standards.
Now that a fall in standards has been mentioned, we examine a tweet from Former Speaker Nancy Pelosi.
Pelosi claimed that the Grand Jury has acted upon the facts and the law.
So let’s look at the facts first.
President Trump has denied the affair with Stormy Daniel. In a 2018 letter that surfaced recently, Daniel also denied that the affair ever occurred, despite claiming otherwise in public.
Another 2018 letter proves that neither the Trump Organization nor the Trump campaign was a party to the transaction. Also, Trump’s former attorney Michael Cohen was not reimbursed for the payment by any organizations affiliated to Trump.
Since the transaction didn’t occur at Trump’s behest, the case has no basis.
Even if Trump had directed Cohen to make hush payments and the Trump Organization had reimbursed him for the payment to Daniels but billed them as legal expenses, it would constitute a misdemeanor for which the statute of limitations has run out.
Back to Pelosi’s tweet. Pelosi wrote:
“No one is above the law, and everyone has the right to a trial to prove innocence.”
This is nothing short of a shocking statement, especially from a lawmaker with many decades of experience. The presumption of innocence is the standard in any civilized democracy — anyone accused of any crime is considered innocent until proven guilty. The legal burden of proof lies on the prosecution, which must present compelling face-based evidence to before a judge or a jury. The prosecution must prove that the accused is guilty beyond a reasonable doubt. If reasonable doubt remains, the accused must be acquitted.
The presumption of innocence is also an international human right under the UN’s Universal Declaration of Human Rights, Article 11.
This is the legal standard in the U.S.
Let’s look at what the law specifically states:
“It is a cardinal principle of our system of justice that every person accused of a crime is presumed to be innocent unless and until his or her guilt is established beyond a reasonable doubt. The presumption is not a mere formality. It is a matter of the most important substance.
The presumption of innocence alone may be sufficient to raise a reasonable doubt and to require the acquittal of a defendant. The defendant before you, [__________], has the benefit of that presumption throughout the trial, and you are not to convict [him/her] of a particular charge unless you are persuaded of [his/her] guilt of that charge beyond a reasonable doubt.
The presumption of innocence until proven guilty means that the burden of proof is always on the government to satisfy you that [defendant] is guilty of the crime with which [he/she] is charged beyond a reasonable doubt. The law does not require that the government prove guilt beyond all possible doubt; proof beyond a reasonable doubt is sufficient to convict. This burden never shifts to [defendant]. It is always the government’s burden to prove each of the elements of the crime[s] charged beyond a reasonable doubt by the evidence and the reasonable inferences to be drawn from that evidence. [Defendant] has the right to rely upon the failure or inability of the government to establish beyond a reasonable doubt any essential element of a crime charged against [him/her].
READ FULL ARTICLE HERE… American Thinker
Home | Caravan to Midnight (zutalk.com)
We need your help to keep Caravan to Midnight going,
please consider donating to help keep independent media independent.
Be First to Comment