I’m headed to Tehachapi today, so just a short bit of notes, most of which were written last night, so I can beat my stupid self-imposed 0845 deadline.
The Headline that about a dozen people sent me last night read “All Seven Wildlife Refugee Occupiers, Including Ammon Bundy, Found Not Guilty.” I am on record as believing the Bundy’s are both nuts and wrong. So naturally the jury verdict is a repudiation of my opinion, right?
Yet another example of making value judgments from headlines.
In the first place, good for them. They used the system which had jurists that didn’t make every stupid excuse in the book to get out of Jury Duty and they used their authority as designed by the Framers to stop the government and nullify the charges against seven defendants.
But… keep three other facts in mind.
(1) Eleven other defendants plead guilty to the same charges. One had the charges dropped. Seven other defendants chose to be tried separately from Bundy. So “All” is kind of a stretch.
(2) A second trial of the remaining defendants will begin in February. I guarantee you that voir dire will go much, much, much differently in that trial.
(3) The Bundy’s still face yet another trial in Nevada for the nonsense there. Again, I guarantee you that trial process will be much more selective and different.
Which brings me to my point about the 6th Amendment. Every time a person says I don’t want to be on a jury and pulls some excuse out of their butt, it takes a potential nullifier out of the pool. If you really want to get an inside view of how Jury Selection and excuses can effect the outcome of a trial, read Marcia Clarke’s Book, “Without a Doubt.” Remember how flummoxed you were that the OJ Jury couldn’t see what was obvious to you and me? THAT is why voir dire is so important, and it is why Ammon Bundy and his insane theology are free today.
Think about that the next time you get a jury summons. Read the rest of this entry
Here’s a thought that I received from a fellow submariner:
Boy, all these militia blowhards couldn’t wait to go get killed for some old white guy illegally grazing his cattle, but actual police state tyranny going down in Missouri (against black people). . . <crickets> You all can quit pretending you give two sh**’s about the Constitution now.
I think that it does raise an interesting point. Present company excepted – as I was am still and always will be given the present circumstances, pretty much the only Conservative Chat Show Host who opposed Bundy from the get-go – but if the Rand Paul’s and other Libertarians of the world were so “gun-ho” (ba-dump-pish) to save Bundy from the Militarized Government agency, why not now? Is it as simple as skin color? How many of you recall the BUNDY RANT ON AFRICAN-AMERICANS? So what is the reason why there hasn’t been a flocking to Ferguson to oppose the Police, I mean, other than by looters?
Let me know what you think. You can comment below or drop me an eMAIL