"I was not always able to give the case my full attention" [updated]

From Nifong to Murtha: sacrificing others' lives for political gain a hallmark of the modern Left

By Jeff Emanuel Posted in | | | Comments (21) / Email this page » / Leave a comment »

“People who wield such power that they have a legal say in others’ freedoms – let alone in others’ lives and deaths – have an immense responsibility to exercise infinitely more wisdom, judgment, conscience, patience, and reason in exercising that power than the normal man.”

Since the issuance of indictments last April, the prosecution of three former Duke University lacrosse players (all young white males) for the alleged rape of a black female “dancer” has continued, despite continuously mounting evidence against their assumed guilt. Included in this potentially exculpatory data was DNA evidence (which was suppressed – an act for which Nifong has now given eleven separate explanations).

Trusting his victim more than science, Nifong decided that all he needed to proceed with his case was the fact that, “in a photo line-up done April 4, the accuser identified [two of the accused] as her assailants “to a certainty of 100 percent,” and identified” the third to “a certainty of 90 percent”

Playing to the crowd in the racially-charged atmosphere which filled the scandalized community after the “victim” made her accusations, Nifong decided that he had more than enough evidence to proceed with the ruining of three young men’s lives – despite the fact that it took all of a month for the rest of the American public to glom on to the fact that, due to her countless revisions to every aspect of her story about the night in question, the accuser either (a) had no idea what she was talking about, or (b) was a pathological liar.

Public statement after public statement followed, with Nifong having appeared in front of the media more than 70 times by the end of May (though as soon as the defense began to hit back, and negative PR – also known as “the facts becoming public” – began to taint the case, the DA began publicly considering issuing a gag order. This idea was backed by the NAACP, which was suddenly worried that “media coverage of the alleged rape [would] deprive the alleged victim of her legal rights to a fair trial.” How typical of liberals – as similarly expressed in proposals like the Fairness Doctrine for talk radio, the modus operandi is, of course, to call for silencing of one or both sides once the PR machine begins broadcasting a message not 100% in tune with the “party line.”) Now, almost a full year into the case, we learn from Nifong himself the very good reason why he continued the rape prosecution of these young men, destroying their reputations and threatening to deny their freedom with years in jail. That reason, which was disclosed in a letter on the case from Nifong which was “included in a voluminous filing [February 28] to the State Bar,” was this:

The lacrosse case arose during the last few weeks of a hotly-contested Democratic Party primary in which I was seeking to retain my office,” [Nifong] said. “I was not always able to give the case my full attention.”

Read on . . .

Well, that clears everything right up. I mean, had it been something trivial, well, then it would have been worth getting upset about the fact that three young men’s lives were ruined by his wrongful, unethical, and potentially criminal prosecution. But hey, this was about politics – and that’s clearly more important than the lives and freedoms of others!

Leave aside, for a moment, the fact that this case which did not merit Nifong’s “full attention” somehow warranted seventy public statements within a month of the indictments (as well as the fact that it sure as heck had the “full attention” of the young men who were facing a total loss of freedom for a crime they did not commit), and consider this: The mere fact that he was embroiled in the aforementioned “hotly-contested Democratic Party primary” in the first place shows how insignificant the concept of “honesty” was to Nifong. In an appearance last week on the Charlie Rose show, North Carolina Governor Mike Easley had this to say about his appointment of Nifong for the DA position (which opened up due to the previous officeholder’s appointment as a judge):

…I wanted someone who wasn’t going to run, that was a long-term prosecutor, just to hold the office together until somebody was elected. And our staff interviewed him. He said he wasn’t going to run, and we didn’t think he would. And then he got out and started running.

There’s a totally different standard you set for somebody who is going to be the elected district attorney and get into politics, and then there’s somebody who you want just to run the office. Because when you get out there and start making political comments, it requires a whole lot of different talent, a whole lot of different skills that obviously he didn’t have. And he would not have been appointed had we known he was going to run...

Honesty, of course, all too often takes a backseat to ambition and to political maneuvering. However, there is something far more sinister – and far more alarming – about the mindset that allows political and personal gain to be sought at the knowing expense of others’ lives. This prosecution destroyed the reputation of all three of these young men. Furthermore, they could have lost their freedom for a significant period of time, being confined to prison for years for crimes they did not commit. That mattered none to the Democrat district attorney, though, who saw an opportunity to score political points in a race-conscious community by putting away three white males for the rape of a black female – even after it became obvious, through both testimony and evidence, that no such incident occurred.

Sacrificing others' lives for personal political gain, though most often publicly attributed – incorrectly – to so-called “chickenhawks” in the nation’s (GOP) leadership, is actually a distinguishing characteristic of the modern Left.

Strong shades of the mindset which allowed a prosecutor to ruin young men he knew to be innocent, for the purpose of his own gain, can be clearly seen in other areas of power and of politics. One such area is in the Congressional Iraq debate, where elected Democrats have sought to condemn and to subvert America’s efforts there, despite the fact that their political posturing, their efforts to undermine the President’s leadership of the war, and their attempts to hamstring the administration’s (and the military leadership’s) options in a war that requires flexibility, has cost American (and Iraqi) lives.

These attempts to score political victories have cost real lives of real people – people who, due to the enlarged, overly ambitious egos of American politicians (and due to acts carried out for the simple reason of a hatred of the President), will never again return home to their families, will never live out their lives, and will never again have an opportunity to pursue their hopes and dreams like the rest of us at home will. Our troops voluntarily put themselves in harm’s way, and they do so because of a higher ideal which they believe is worth the price not only of their time and their comfort, but of their lives.

The lives of others are simply details in the game that is politics and power to such people. Scoring political points at the expense of these people’s lives – or of any people’s lives – is neither honorable nor acceptable, and those who do such, where applicable (such as in the case of Mr. Nifong), should be punished to the fullest extent possible. Those who have a (perhaps unfortunately) protected right to bluster, to bloviate, and to undermine – such as those in Congress – must either be made to see the effect of their inhuman callousness, and to realize that this is not a game – that their acts have an impact on the lives of others (though they unfortunately cannot be made to care about it) – or they must be shoved to the side and drowned out by the majority of this nation which is unified at least in its desire for the civilized treatment of their fellow human beings (let alone, in this case, in their desire for victory and for the ending of bloodshed in a way which not only spares lives in the present, but which will leave the best conditions possible for the preventing of bloodshed in the future, as well – both around the world and at home).

People who wield such power that they have a legal say in others’ freedom – let alone in others’ lives and deaths – have an indescribably immense responsibility to exercise infinitely more wisdom, judgment, conscience, patience, reason, and moderation in the exercising of that power than the normal man. People like Mike Nifong, Harry Reid, John Kerry, Nancy Pelosi, John Murtha, and their ilk hold that power over others, but have demonstrably a total lack of (and lack of interest in) those necessary qualities and requirements when exercising it – and that may be the greatest transgression that a person entrusted with power over others can commit.

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"I was not always able to give the case my full attention" [updated] 21 Comments (0 topical, 21 editorial, 0 hidden) Post a comment »

Jim Garrison who that idiot Oliver Stone tried to make into a hero did exactly the same thing. He pursued people for political and publicity reasons, linking their names to the JFK assassination and ruining their lives.

Maybe in another 20 years the left will make a movie about the heroic Mike Nifong.

"Nothing works like freedom, Nothing succeeds like liberty"
Kyle

We have the parallel of Patrick Fitzgerald going on about his merry way. A man who was set on a quest to destroy whatever he could and when he couldn't find anything create something.
______________________________
"Those who expect to reap the blessings of freedom must, like men, undergo the fatigue of supporting it."
-Thomas Paine: The American Crisis, No. 4, 1777

Don't you think Republican DAs caught in a tight primary or district election aren't distracted from their work and unable to give their workload their full attention, too?

I'm not defending Nifong in the least, but this is a very thin ground on which to base an essay establishing a "hallmark of the modern left." Politicians are distracted from their elected jobs all the time by the need to run for elections, whether it is missed votes in Congress, posing with the local sports champions or raising money instead of studying legislation, or in this case not giving criminal prosecution work its due.

Nifong screwed the pooch big time, no question, and the potential damage to the defendants is as bad as you say, but you are reaching if you pin this on a particular political ideology. A Republican DA scrambling to stay in office would be just as susceptible to being distracted by time pressures and campaign strategy to give an initial review of indictments passed up by subordinates a cursory review.

none of us here (except you) are gullible enough to actually believe him. You see, it wasn't that he was overworked, it was that he was pandering for the black vote with the lives of three
innocent young men.

"Nothing works like freedom, Nothing succeeds like liberty"
Kyle

I will stipulate that Nifong screwed up this prosecution, and I will agree that it was almost certainly for political gain. He envisioned the favorable headlines and was either too busy or publicity hungry to scrutinize the evidence impartially.

So, I do think he was probably distracted and influenced by the fact that he was currently in a tight election, which affected his judgment. I don't think that is something you can pin only on a Democrat, I think a Republican in a tight election would be pressured by election considerations and time pressures into making a hasty and favorable-publicity-minded call on a prosecution, too.

I disagree that only Democrats are affected by political concerns when it comes to decisions to prosecute. All politicians involved in elected criminal justice offices are to some extent, and the good ones rise above it and the bad ones don't.

If you think only Democrats meddle in the criminal justice system, let's talk next week. Come Tuesday, former NM U.S. Attorney Iglesias will reveal to Congress why he got fired by the Bush administration, and has hinted it was because Sen. Domenici and Rep. Wilson put pressure on him to quickly issue pre-election political indictments against a Democratic politician and he refused, causing AG Gonzales to remove him. If that happens, I won't call this political interference into prosecutorial discretion a "hallmark of the right" but an example of abuse of power that either side could be found guilty of, and something that should be looked out for and condemned whenever it happens.

I don't disagree with this article because I think Nifong was pure or his excuse was legitimate, I disagree with trying to peg a whole indictment of the left on the actions of one bad prosecutor, when I could easily see a conservative prosecutor abusing justice for the same reasons and issuing the same lame excuse.

but when my favorite President, Bill Clinton, took office dozens of federal attorneys were thrown out of office. No charges of malfeasance or incompetence, just bounced. No congressional investigations and such controversy as did arise came from a nascent conservative media. No problemo !

So you may wish to compare the two extremely different reactions to a situation where if anything the Democrats were more in the wrong. As you do so take a moment and also compare the difference between releasing a handful of attorneys and what almost did happen to the Duke athletes, you may discern a shade of both horror and disgrace visited upon these young and innocent men.

You say that you could " easily see a conservative prosecutor abusing justice" etc. But you do mean your imagination and what you easily see there is both peculiar and singular to you, and there is a difference between that easy vision and this thing, reality.

"a man's admiration for absolute government is proportinate to the contempt he feels for those around him". Tocqueville

except Chertoff (friend of NJ Senator Bradley). It was one of his first acts in office - how convenient the media and lib posters forget recent history.

====
"Enlightened statesmen will not always be at the helm." -- James Madison

or are you contending that you can throw out an imaginary incident and that trumps reality?

"A man can never have too much red wine, too many books, or too much ammunition." -- Rudyard Kipling

That a Republican Could do the same thing.

The questions you must now answer are:
Has this happened?
When did it happen?
Who did it?
Please, enlighten us.

There are those who look on Dresden and Tokyo and Hiroshima as some of the greatest evils ever perpetrated by man. I look on them and thank the perpetrators for saving millions.

I'm not defending Nifong in the least, but this is a very thin ground on which to base an essay establishing a "hallmark of the modern left." Politicians are distracted from their elected jobs all the time by the need to run for elections, whether it is missed votes in Congress, posing with the local sports champions or raising money instead of studying legislation, or in this case not giving criminal prosecution work its due.

Nifong was not "distracted", he was invigorated. He was running for office on this case, not in spite of it. The case didn't interfere, it supplied fuel. It was politically motivated. To pretend that it was not is to ignore the furor, the righteous indignation from Duke faculty and liberal media ... until the facts emerged.

Why is this a hallmark of the left? Because the left have a view that there are two kinds of justice. There is the justice that one should receive in court, which is that the clearly guilty are punished and the rest are not. Then there is the larger form of justice, social justice or "higher" justice, that says that the {powerfule, rich, white, upper class, wealthy, haves} must be brought down and the {powerless, non-white, lower class, poor, have-nots} must be raised up, even if some "small" wrong needs to be done or some "small" injustice done in its pursuit.

Nifong, Murtha, Fitzgerald, and other situations bear this out.

--


See the Academy

and transparent.
It was clear from the number of press statements and press conferences he made that the case had his full attention.
His assertion that he does nto recall the vital meeting in which he directed the lab to withold evidence if made under oath could be perjurious.
The failure of Nifong is not simply the failure of an ideology, it is a human failure. Don't forget that Patrick Fitzgerald is a registered Reupblican. The issue is, imho, that a prosecutor whether by plan or mischance, chose to pursue a case that common sense would have told any reasonable person should have been handled very very differently.
The most insulting part of his defense, however, is his pitiful attempt to deflect attention from his actions to those who were outraged by his action. It raises by implication the concern that in his years at the Durham DA, he in fact railroaded a large number of defendants, regardless of guilt.
He is a man of low character who should not be anywhere near the levers ofpower that can deprive people of their liberty.

Sacrificing others' lives for personal political gain, ... is actually quite the Leftist trend.

That very well may be; nonetheless it could almost as easily be the weakness of ANY politician.

"God, how I love destroying people." -- Former House Speaker, the late Thomas P. ("Tip") O'Neill (D-MA), here.

Michael Easley, the man who appointed Nifong in the first place, said he only appointed him because he agreed not to run for the full time job later. Easley was looking for a temporary DA until the next election, because the one before Nifong had been promoted to judge. The minute Nifong was given the temp position, he started his campaign for the full time job. No wonder he was distracted. When asked if he would do it again the same way, Easley said no.

Here is his appearance on the Charlie Rose show:

http://www.charlierose.com/

Or, just go to Durham in Wonderland to get the story.

http://durhamwonderland.blogspot.com/2007/03/easley-rips-into-nifong.htm...

it's an admission of guilt, think about it. If he knew that he wasn't giving the case his full attention, then doesn't that make any comments he made, other than "no comment", that much more irresponsible?

of him getting jail time or probation? He certainly deserves it.

absolute intent to railroad these men, and that may be hard to prove beyond reasonable doubt. Although, further investigation may dig something more substantive up.

That said, I think there is more than enough to disbar the man (and I hope he doesn't get the chance to practice any kind of law again) and the city and Nifong can probably look at a pretty hefty civil suit for prosecutorial misconduct.

The Justice Department could potentially bring 'Obstruction of Justice' charges against him, but it is unlikely they will do so. Especially if whatever sanction he ends up getting from the North Carolina Bar Assn. is viewed as being sufficiently harsh, as disbarment most certainly would.

However, any sanction for dereliction of duty or a similar offense by the Bar Assn. may well open the door to removing or limiting the imdemnification normally provided a D.A., thereby opening the door for him to be personally sued.

If he gets disbarred and stripped of indemnity, the Duke Lacrosse players could sue.

But, to defend himself, Nifong could present all evidence in favor of the charges to show he had a reasonable belief of their guilt, including everything that hasn't come out yet, and even by putting everyone on the stand under oath to say what they would have said at a criminal trial.

The Duke defendants would face another media trial dredging up the accusations all over again. I doubt they want to do that, as even without the rape the basic facts involved a drunken stripper-infused sex party, and a civil trial would bring out many details we haven't heard yet. I would think they would want to move on.

Maybe if Nifong was a multimillionaire with deep enough pockets that would cough up enough damages to set up the falsely accused defendants for life (and pay off their civil lawyers), that would happen, but I doubt the potential financial gain is worth the downside of potential continued media attention.

also gets settled.

The City won't take this one to trial, and the City is the party most likely to be held accountable, and the one that will have deep enough pockets.

I honestly don't think the reputations of the lacrosse players could be harmed much more than they have already been harmed, most of the nasty details of that night are known, and I don't know that too much more would be all that shocking.

At least some lacrosse players have already sued Duke (although I don't think it was any of the players charged).

So I guess if I was Nifong and the city of Durham I would be planning on a civil suit. My guess though is it gets settled and doesn't go to trial.

represents. That notwithstanding, the boys' parents have made it clear they want their pound of flesh from Niphong personally, so I'm betting a county settlement offer won't fly if it indemnifies Niphong as an adjunct.

They may get something from the county by way of settlement, but I'll bet it includes severing from Niphong rather than indemnifying him to any degree whatsoever.

I know counties won't hesitate to drop a cop and let him fight a lawsuit on his own if it is shown that he acted outside the scope of his employment or contrary to trained policy when he does something actionable. I don't see them treating Niphong any different given then the extent of his lack of orthodoxy in this case. I see the county letting Niphong fry.

I saw one of the boys' parents (not sure which one) say they were going to make Niphong pay, "Every day for the rest of his life" when asked if they planned to litigate.

He's toast.... and should be.

of his life. He abused his power of office for personal gain by attacking citizens that he knew to be innocent. This is my kind and reasonable side talking. My preference for this piece of legal detritus is far worse.

Envisioning when all that is Left is the Right.

 
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