Lake Erie Conservative

thoughtful discussion(s) about issue(s)

Posts Tagged ‘Testimony’

… the Trump Transition [#NSA][#General Michael Flynn]…

Posted by paulfromwloh on Thursday,December 1st,2016

.. Mike Flynn is someone who tells it like it is , not like how someone might want a situation to lOOK Like ..

.. Flynn is not one who suffers fools . In his previous jobs [such as at the NSA , at CENTCOM , aand as the head of the Defense Intelligence Agency] , you cannot afford to . You also cannot put up with P.C. CRAP . Flynn does not , not at all ..

.. as the NSA , Flynn will not need to be confirmed by the Senate . Also , he cannot be forced [as a Presidential staff appointee] to testify by force [or subpoena] before either House of Congress ..

.. [h/t —]..
.. [link] to the blog post ..

.. as NSA , President Trump will have a security chief who will be willing to knock heads with the agencies , if necessary . He will also not mince words on America ‘ s security status , especially when the tough stuff needs to be told …

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… What Comes With a Grant of Immunity [#legal steps]…

Posted by paulfromwloh on Tuesday,March 8th,2016

.. well , it is a request made to a federal district court judge . The judge makes the order official ..

.. it does not make the witness free to lie . Far from it . The one sin that a witness may not commit is perjury [lying about a material fact] . You commit perjury , you have committed a felony , and you are going to jail for a good – sized stretch [like 5 years] …

.. there is what is known as ‘ Use Immunity . ” The gRAnt of Use Immunity only gives the witness protection against the testimony that he / SHe gives in front of the grand jury . That , and only that . usually only use immunity is granted ..

.. [h/t —]..
.. [link] to the blog post news >>

.. when a grant of full immunity is granted , the testimony that is wanted by the Government is very highly desired . The testimony will not go to waste . The Government wants to use it against someone else , like a much higher fish on the totem pole ..

.. gee , I wonder who ?? [read — Miz Hillary , Mr. Bill]..

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… Acquiting George Zimmerman …

Posted by paulfromwloh on Thursday,July 11th,2013

.. The question is now no longer whether or not George Zimmerman will be convicted of murdering Trayvon Martin . I believe that the question is what will then happen after he is acquitted.

.. The local investigators put together a thorough and professional investigation . And the local county put through a complete review of the entire case . Simply put , the case was reviewed with a fine – toothed comb  . And Zimmerman was found to have a complete and thorough case for self – defence .

.. Prosecutors in Florida brought a feeble case to court, filing a charge they knew — or should have known — would not withstand the challenge of even a modestly capable defense. There has been much testimony that supports Zimmerman’s claim of self-defense and precious little that undercuts it. The prosecution invested hope in the testimony of Martin’s parents that it was his screams for help and not Zimmerman’s that were captured on the 9-1-1 call, but on Monday the defense presented witnesses who effectively rebutted this claim. And on Tuesday, a forensic pathologist testified that the physical evidence was consistent with Zimmerman’s account of his confrontation with Martin.

.. Assume that prosecution and defense witnesses all testified in good faith as to their belief that the voice belonged to one or the other of the men. There is a common sense way to reasonably infer which of them was screaming for help. By now the extent of Zimmerman’s injuries are well known (though prosecutors seemed determined to keep this information under wraps for as long as possible). Zimmerman suffered a broken nose and lacerations to the back of his head, all consistent with his account of being punched, knocked down, and having his head bashed on the concrete walkway. Other than the fatal gunshot, Martin’s only injury was bruising to one of his hands.

.. For the jury to believe the screaming voice was Martin’s they would have to accept a scenario in which Zimmerman remained silent while sustaining his injuries, and in which Martin screamed for help while sustaining only a bruised hand. Unlikely. For this and the prosecution’s many other manifest weaknesses, the jury will not convict. Nor should they.

.. Then what will happen ? It is beginning to dawn on members of the media and, through them, on the public at large ,  that an acquittal is very likely, thus lessening the potential for outrage when it comes to pass. Yes, there are those whose very existence depends on their being perpetually and professionally outraged, and there will be no shortage of aggrieved posturing when the not-guilty verdict is delivered, but I doubt the reaction will come to little more than that.

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… Judge Nelson , it is None of your Business …

Posted by paulfromwloh on Wednesday,July 10th,2013

.. george zimmerman is entitled to the presumption of innocence . As well as all of his constitutional rights . He is also entitled to the impartial administration of justice . Which , to be honest  , in this case , he has not received from the state of Florida and the county of Sanford .

.. He had a media war mounted against him  , from the beginning . It took from him , or tried to , rob him of the ability to defend himself , his reputation , and the ability to mount a defence of his choosing .

.. The investigation was another issue . The Sanford City Police Department thoroughly investigated the case , and the County Prosecutor also reviewed the case . The County Prosecutor dismissed the case , citing a finding of self – defence . Then ,  the p.r. war did its damage , and the state of Florida stepped in . The state appointed a special prosecutor , who proferred the charges that George Zimmerman is facing now .

 .. On Wednesday, Judge Debra Nelson, who is presiding over the trial of George Zimmerman, repeatedly asked Zimmerman whether he would be testifying, over the objections of his attorneys. Nelson told Zimmerman that he had the “absolute right to remain silent” and then asked him whether he wanted to testify. Don West, Zimmerman’s attorney, objected; Nelson overruled him and said, “The court is entitled to inquire if Mr. Zimmerman’s determination as to whether or not he wants to testify.”

.. The judge should not be harassing , or even asking the defending about whether he or she  is invoking his or her rights . The presumption of innocence , plus the 5th Amendment , and  other rights , should allay those fears . The defendant (Zimmerman) is innocent , until proven guilty (beyond a reasonable doubt) , and does not have to testify . He / she also should not , or does not , have to speak up in court about those rights . That person is also entitled to that presumption as well in jury deliberations .

.. Yet , Judge Nelson persisted . She asked Zimmerman how much time he wanted to figure out if he wanted to testify, to which West objected. Nelson then said, irritated, “Your objection is overruled!” Mark O’Mara, another of the defense attorneys whispered, “What is going on ? ”

.. Such exchanges are very unusual in criminal trials. Judges rarely confront possible witnesses or defendants on whether they will testify over the objections of attorneys.

.. A few minutes later, Judge Nelson continued to ask Zimmerman about whether he would testify. She gave him a few minutes to consider. Then she returned to Zimmerman and asked him whether he would testify; he said he would not. She then repeatedly asked whether it was his decision not to testify in the case, rather than the decision of his attorneys.

.. The defense has rested. After 18 witnesses over the course of the last week, the defense closed its case, then motioned for dismissal; that motion was denied. Prosecutors are calling two rebuttal witnesses, the first of whom, Adam Pollock, Zimmerman’s trainer, already testified for the defense. Both sides are currently drafting jury instructions. Presumably, the case will be sent to the jury tomorrow, after the prosecution’s final rebuttal witness.

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