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#1 User is offline   ThePatriot 

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Posted 05 December 2017 - 09:44 AM

Alan Dershowitz: Why did Flynn lie and why did Mueller charge him with lying?
By Alan Dershowitz|Fox News

Editor's note: this originally appeared in The Hill.

The charge to which retired Lt. Gen. Michael Flynn has pleaded guilty may tell us a great deal about the Robert Mueller investigation.

The first question is, why did Flynn lie? People who lie to the FBI generally do so because, if they told the truth, they would be admitting to a crime. But the two conversations that Flynn falsely denied having were not criminal. He may have believed they were criminal but, if he did, he was wrong.

Consider his request to Sergey Kislyak, the Russian ambassador to the U.S., to delay or oppose a United Nations Security Council vote on an anti-Israel resolution that the outgoing Obama administration refused to veto. Not only was that request not criminal, it was the right thing to do. President Obama's unilateral decision to change decades-long American policy by not vetoing a perniciously one-sided anti-Israel resolution was opposed by Congress and by most Americans. It was not good for America, for Israel or for peace. It was done out of Obama's personal pique against Israeli Prime Minister Benjamin Netanyahu rather than on principle.

<snip>

As the president-elect, Donald Trump was constitutionally and politically entitled to try to protect his ability to broker a fair peace between the Israelis and Palestinians by urging all members of the Security Council to vote against or delay the enactment of the resolution. The fact that such efforts to do the right thing did not succeed does not diminish the correctness of the effort. I wish it had succeeded. We would be in a better place today.

Some left-wing pundits, who know better, are trotting out the Logan Act, which, if it were the law, would prohibit private citizens (including presidents-elect) from negotiating with foreign governments. But this anachronistic law hasn't been used for more than 200 years. Under the principle of desuetude - a legal doctrine that prohibits the selective resurrection of a statute that has not been used for many decades - it is dead-letter. Moreover, the Logan Act is unconstitutional insofar as it prohibits the exercise of free speech.

If it were good law, former Presidents Reagan and Carter would have been prosecuted: Reagan for negotiating with Iran's ayatollahs when he was president-elect, to delay releasing the American hostages until he was sworn in; Carter for advising Palestinian leader Yasser Arafat to reject former President Clinton's peace offer in 2000-2001. Moreover, Jesse Jackson, Jane Fonda, Dennis Rodman and others who have negotiated with North Korea and other rogue regimes would have gone to prison.

So there was nothing criminal about Flynn's request of Kislyak, even if he were instructed to do so by higher-ups in the Trump transition team. The same is true of his discussions regarding sanctions. The president-elect is entitled to have different policies about sanctions and to have his transition team discuss them with Russian officials.

<snip>

The second question is why did Mueller charge Flynn only with lying? The last thing a prosecutor ever wants to do is to charge a key witness with lying.

A witness such as Flynn who has admitted he lied - whether or not to cover up a crime - is a tainted witness who is unlikely to be believed by jurors who know he's made a deal to protect himself and his son. They will suspect that he is not only "singing for his supper" but that he may be "composing" as well - that is, telling the prosecutor what he wants to hear, even if it is exaggerated or flat-out false. A "bought" witness knows that the "better" his testimony, the sweeter the deal he will get. That's why prosecutors postpone the sentencing until after the witness has testified, because experience has taught them that you can't "buy" a witness; you can only "rent” them for as long as you have the sword of Damocles hanging over them.

So, despite the banner headlines calling the Flynn guilty plea a "thunderclap," I think it may be a show of weakness on the part of the special counsel rather than a sign of strength. So far he has had to charge potential witnesses with crimes that bear little or no relationship to any possible crimes committed by current White House incumbents. Mueller would have much preferred to indict Flynn for conspiracy or some other crime directly involving other people, but he apparently lacks the evidence to do so.

I do not believe he will indict anyone under the Logan Act. If he were to do so, that would be unethical and irresponsible. Nor do I think he will charge President Trump with any crimes growing out of the president's exercise of his constitutional authority to fire the director of the FBI or to ask him not to prosecute Flynn.

The investigation will probably not end quickly, but it may end with, not a thunderclap, but several whimpers.

LINK
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The emphasis is mine.

Can't wait for reality to smack all the rabid leftists in the face....

This post has been edited by ThePatriot: 05 December 2017 - 09:45 AM

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#2 User is offline   MTP Reggie 

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Posted 05 December 2017 - 10:21 AM

View PostThePatriot, on 05 December 2017 - 09:44 AM, said:

Can't wait for reality to smack all the rabid leftists in the face....



Again...

One would think they'd be getting tired of being smacked.
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#3 User is offline   ThePatriot 

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Posted 05 December 2017 - 11:08 AM

View PostMTP Reggie, on 05 December 2017 - 10:21 AM, said:

Again...

One would think they'd be getting tired of being smacked.

They're masochists :horse:
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#4 User is offline   MontyPython 

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Posted 05 December 2017 - 11:11 AM

View PostThePatriot, on 05 December 2017 - 09:44 AM, said:

Can't wait for reality to smack all the rabid leftists in the face....


Don't hold your breath. Reality and leftists are like oil and water: They just don't mix. One of the immutable requirements for leftism is the inability to process reality. If they could process reality, they wouldn't be leftists in the first place.

Nope, when this idiotic "collusion" witch hunt finally grinds down to the already-obvious conclusion (Trump did nothing wrong or illegal), the leftists will simply convince themselves Trump "got away with it".

:rolleyes:
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#5 User is offline   MTP Reggie 

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Posted 05 December 2017 - 11:19 AM

View PostThePatriot, on 05 December 2017 - 11:08 AM, said:

They're masochists :horse:



That assumes they do these things in purpose. Personally, I think they're just morons and too stupid to know better.
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#6 User is offline   ThePatriot 

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Posted 05 December 2017 - 05:48 PM

View PostMontyPython, on 05 December 2017 - 11:11 AM, said:

Don't hold your breath. Reality and leftists are like oil and water: They just don't mix. One of the immutable requirements for leftism is the inability to process reality. If they could process reality, they wouldn't be leftists in the first place.

Nope, when this idiotic "collusion" witch hunt finally grinds down to the already-obvious conclusion (Trump did nothing wrong or illegal), the leftists will simply convince themselves Trump "got away with it".

:rolleyes:

I'm hoping we get to see another round of tearful tantrums. :lol:

View PostMTP Reggie, on 05 December 2017 - 11:19 AM, said:

That assumes they do these things in purpose. Personally, I think they're just morons and too stupid to know better.

Maybe it's both... :thumbsup:
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#7 User is offline   Rock N' Roll Right Winger 

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Posted 05 December 2017 - 05:53 PM

View PostThePatriot, on 05 December 2017 - 09:44 AM, said:


Can't wait for reality to smack all the rabid leftists in the face....


But that's just it?

Leftists don't live in a world of reality.

They live in their own world of delusion.
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#8 User is offline   ASE 

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Posted 07 December 2017 - 04:36 AM

Maybe he didn't lie at all, but instead got worn down to the point that he 'copped-a-plea' to make it go away.

If I was ever charged with anything, if I spoke up at all (very doubtful), I would take the hillary defense - I can't recall, I don't remember, I just don't know, etc. It doesn't matter if they pay someone to say I did/said this or that; if I can't recall, I'm not lying. They have no way to tell if I can recall or not, so there is no lie.
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