If what your enemies say about you can amount to a claim of credibility, then Andrew C. McCarthy passes the test. He’s been lambasted by the Dem-Left as a hack and Trumpkins as a partisan of the “deep state”. They are both wrong. As a seasoned US attorney, he tries to objectively see the subject from many angles. When looking at the McCabe case, his analysis may not be dispositive but it lacks the hyperbole often found on MSNBC and the Trump-o-philes on Fox News. In McCarthys’ rendering, as I discern it, the McCabe case stinks of DC.
The DOJ’s decision not to pursue prosecution of McCabe has 3 factors swirling about. First, it’s hard to convict when star witnesses for the prosecution (like Lisa Page) are twisting testimony to the advantage of the defense.
Second, Trump smears the criminal justice process with his Tweet-rants. It’s hard to convict when all involved are continually exposed to announcements from the White House that the defendant is a “liar”, etc. The president as the ultimate chief prosecutor is mucking up the constitutional right to a fair trial. He has a “right” to free speech, as Hannity is wont of saying, but his “right” clashes with the “rights” of others. If Trump was a prosecutor – which he is as chief executive – he’d be sanctioned by the court. And he does this in DC, a place already with a deep and popular disdain for him and Republicans in general.
That leads me, finally, to the messy matter of a forever-tainted jury pool in DC. Overwhelmingly anti-Republican and anti-Trump sentiment are so deeply embedded in the DC population that Democrats are more-likely-than-not to skate. The story of the jury forewoman in the Roger Stone trial is a good case in point. For prosecutors of any Obama associate, they’d have to get beyond jury selection from a broad Resistance demography. It’d be like getting a conviction in a lynching case in the Deep South after Reconstruction. Currently in DC, a prominent Republican in the dock would get a hang ’em jury and a Democrat would have the advantage of jury nullification (a blanket refusal to convict). In DC, just remove the blindfold from the statue of the lady of justice.
All the more reason to strip DC of many of its administrative functions. Ship them out to environs less congenial. Pick a Midwestern state. Otherwise, we’ll be saddled with an unhinged and Democrat-dominated federal government for as far as the eye can see. Elections, all of a sudden, become less important. Were they ever, at least since FDR?
RogerG