Conservative Transformation: Embracing Due Process

Is that what that is?

An amazing transformation has taken place with conservatives. They have a newfound appreciation for due process.

This from a group who decried legal loopholes (their old term for due process), decriminalizing marijuana (took money from the pocket of private prisons owners and donors), and activist judges who, they claim, threw aside precedent and made their own rules of criminal procedure (interpreted the law more favorably to those accused but not convicted.)

At first darkness enveloped the devoted when two different, unconnected, entirely independent yet obviously still corrupt courts found Mr. Trump civilly liable for sexual assault and slander and criminally guilty for trying to cover up the matter with false documents.

And then, lo and behold, they saw the light out of the darkness, e tenebris lux.

It had to be divine intervention.

The Supreme Court of the United States chose to abandon both the all equal under the law foundation of our jurisprudence and decades of precedent by granting presumptive immunity to official acts by a President.

This was immediately interpreted as full immunity for every action by Mr. Trump going back to just after his birth (which in some circles is believed to be the second divine human parthenogenesis in history.)

And then…

Judge Cannon, who several times before had her barely understandable decisions overturned on the simplest of grounds—she was wrong—snatched a single paragraph from a concurring opinion in the immunity case with no weight of law by the most jurisprudentially suspect Supreme Court Justice and dismissed one case against Mr. Trump, setting aside two centuries of precedent.

(Apologies for the preceding paragraph, but I was on a roll and too much punctuation would interfere.)

And this was perceived as brilliant justice. Due process at its finest.

And then…

With the rise of Vice President Kamala Harris as the presumptive nominee for President, the Trump campaign is now highlighting what they perceive as miscarriages of justice by Ms. Harris when she was AG in California.

The faithful are horrified and claim that Ms. Harris withheld evidence in a death penalty case that might free an innocent man. And that Ms. Harris was aware of failures within the state drug lab which led to dismissal of over one thousand cases.

Setting aside for the moment their fervent support for the death penalty which cases like this should cry out for abandoning as barbaric, they conveniently leave out relative information.

In 2001 when the post conviction relief motion was filed seeking the use of DNA to exonerate the defendant, most Attorneys General routinely objected to such motions. At that time, DNA was relatively new technology so the objection was more firmly grounded in letting the finding of the trial court stand.

Over time, prosecutors and the courts have embraced the value of DNA in all cases but none more than death penalty cases. Different times, different standards.

When the court granted the motion,the subsequent DNA test confirmed the defendant’s DNA at both scenes. Subsequent reviews over twenty years have affirmed the original verdict.

In the drug lab case, the lab was not run by Ms. Harris and she had no operational control over it. When the matter became known she dismissed the cases. Of course she argued against it initially. That’s what advocacy is. There are two sides to every issue. Once the court rendered a decision,she complied.

It remains to be seen if this jurisprudential enlightenment continues…but I doubt it. Watch what happens if Cannon gets overturned, again.

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