Its Bravo Sierra and Retribution

10 QUICK THOUGHTS ON U.S. v. McDONNELL

Chris Ashby, a very well respected DC area attorney, provides a great summation of the incredibly weak indictment filed by the federal government against Governor Bob McDonnell.  

If you care about due process and fairness under the law, take the time to read his excellent thoughts on this false indictment built upon a discredited witness. 

The Restoration Fund

http://www.restorationfundva.com/

http://www.ashby-law.com/first-take-u-s-v-mcdonnell/

http://storify.com/VApolitico/chris-ashby-reacts-to-mcdonnell-legal-issues#

First Take: U.S. v. McDonnell

Ten Quick Thoughts on the Case Against Bob McDonnell

The indictment of Bob McDonnell is a gut punch to all who knew him, worked for him, admired and believed in him and his leadership style. Earlier today, on Twitter, I posted these ten quick thoughts on the law and politics of the case against him:

1. I was struck by the outburst of snark and schadenfreude from the chattering class on Twitter as news of the indictment broke. Whatever your policy disputes with him, Bob McDonnell played politics in a different way - thoughtful, respectful, fair - even with his opponents. The political chattering class would do well to learn to play Twitter that way, too. There but for the grace of God go we.

2. There has been much focus on the sensational facts of the indictment, but little if any focus on the law.

3. Bob McDonnell was the Governor of Virginia, elected by people of Virginia, exercising authority granted to him by the Constitution and laws of Virginia. And the conduct Bob McDonnell is accused of was entirely legal under Virginia law. For years, the Virginia General Assembly has determined that, without an express quid pro quo, no gift in any amount can corrupt or appear to corrupt a public official. Now, however, the Department of Justice apparently regards Virginia's law as insufficient to protect the people of Virginia from the man they elected to lead them, so it's indicting Bob McDonnell under federal law. In so doing, DOJ is substituting its policy preferences for will of the people of Virginia's elected representatives - charging Bob McDonnell federally for legal state conduct.

4. And where is that quid pro quo? DOJ has Jonnie Williams, so if there was a quid pro quo, wouldn't he have given it to them? But the indictment of Bob McDonnell pleads no facts proving any express quid pro quo.

5. Of course, the law on the requirement of a quid pro quo in Honest Services and Hobbs Act cases is all over the map. In some cases, it must be express. In other cases, it may be explicit, meaning it can be implied from the facts and circumstances. In campaign contribution cases, the quid pro quo generally must be express - because the underlying act is legal. In gift cases, the quid pro quo generally may be explicit (i.e., inferred) - because the underlying act usually is illegal. The McDonnell case is a gift case, but it's more akin to a contribution case, because unlimited gifts were expressly legal under Virginia law. DOJ clearly believes it doesn't need an express quid pro quo to convict Bob McDonnell. Expect this to be a central issue in the case.

6. Speaking of quid pro quos, how about DOJ's deal with Jonnie Williams? And what about the former Bob McDonnell staffer who Williams actually may have offered a six-figure private sector salary to in exchange for her help? Does she have a deal with DOJ too?

7. I don't know a single fair-minded Virginian who thinks Bob McDonnell deprived us of his "honest services," whatever that even means. And I also don't know anyone who thinks Bob McDonnell used his official position to EXTORT Jonnie Williams, as the Hobbs Act requires. As for the cover-up counts, I don't think the government should be able to imprison people for covering up crimes they are acquitted of.

8. Everybody's asking, "Is prosecution of Bob McDonnell political?" Of course it is. That's not the right question. The question is, "Is this prosecution fair?" From the beginning, the prosecution of Bob McDonnell has been conducted unfairly. Government agents leaking info to Washington Post reporters obtained in course of supposedly confidential law enforcement investigation of presumedly innocent man? DOJ cutting deals with the alleged briber, and possibly his co-conspirator, charging Bob McDonnell's wife as an accessory instead? Withholding evidence that is clearly exculpatory of Bob McDonnell?

9. For yrs, DOJ has said that public corruption is the federal government's #1 domestic law enforcement priority. I get that. Corrupt politics strikes at the very foundation of our democracy & undermines the legitimacy of its government. Dishonest politicians stretch the law and push the envelope, so DOJ and the Public Integrity Section must push and stretch to keep them in check. But poor personal and political judgment are not federal crimes. The facts alleged in Bob McDonnell's indictment reflect poorly on his personal and political judgment, but were expressly legal under Virginia law. DOJ was right to investigate this matter, but given legal state law conduct and the absence of an express quid pro quo, it should not have indicted Bob McDonnell. He has paid and will continue to pay very high price for his mistakes - shamed, disgraced, and flat broke by end of this case. He should not lose his freedom too.

10. Our adversarial justice system depends on defendants having the will and resources necessary to fight the relatively limitless will and resources of the government. Bob McDonnell faces a long, costly, draining fight versus a merciless adversary. I pray he'll have the resolve and funding he needs to see it through.

One More Example of the Wussified Left

On the heels of the wussy naval pc police relieving Capt Honors, the academic pc police have saddled an otherwise honorable American Warrior with a "crazy" label.

The left would love to see the American Warrior Class go the way of the dodo bird. You can't fight wars without Warriors, and America produces the finest Warrior Class ever seen. The left hates the American Warrior Class, but that hate is actually a manifestation of envy. They know they can't do what our Warriors do and it drives them crazy.

Community college subjects Iraq veteran to humiliating bureaucratic hoops --

Charles Whittington was discharged from the Army in 2008 for medical reasons after serving in Iraq. Upon returning to the states, he tried to lead a normal life. One aspect of that was taking classes at the Community College of Baltimore County.

Whittington was a good student and had no disciplinary problems, until he wrote a personal essay for the student paper about killing enemy combatants. For writing in the tradition of Tim O'Brien (author of "The Things They Carried" and "Going After Cacciato"), Whittington was deemed a potential threat by school administrators, who forced him to undergo a psychiatric evaluation if he wanted to continue taking classes at the college. Two months after the school made its request, Whittington gave the school his latest psychiatric evaluation from his VA therapist.

According to the Baltimore Sun, the file "describes [Whittington] as cooperative, pleasant, realistic and goal-oriented. It says he suffers from depression, inability to sleep and post-traumatic stress disorder, but shows no signs of suicidal or homicidal ideation." The school rejected the file and told Whittington to get a "fresh" evaluation.

All of the combat veterans I have met and spent any amount of time with have the same symptoms. Not a single one of them wants to go out and kill indiscriminately, but they all want to protect America and our way of life, and that may include having to take the lives of enemy combatants.

The full article from the Baltimore Sun is here. I left a comment. You should leave one as well.

Veterans Dissed in Porkulus Bill

Every day we find out just how little the dhimmicrats regard our military.

VETERANS ARE LOW PRIORITY IN STIMULUS PACKAGE
ACORN among Organizations Receiving More
Washington, D.C. -
Today, Congressman Steve Buyer of Indiana, Ranking Member of the House Committee on Veterans Affairs, issued the following statement after the final text of the economic stimulus package was unveiled lastnight.

"Of the numerous flaws in the large economic recovery spending bill, none is more shameful than the obvious disregard it holds for veterans, Buyer said.

I find it appalling that this bill provides access to $2 billion for ACORN, $30 million for the salt-marsh harvest mouse in the San Francisco Bay area, and millions to purchase Œgreen golf carts, instead of bettering the lives of veterans. I hope everyone will pause to consider that those who have put their lives on the line to defend our right to vote are a lower priority than an organization like ACORN, which has been accused of unlawful voter registration. I dont know of a starker example of the Democrats misplaced priorities.

While pleased my request for $1 billion was adopted to accelerate construction projects in the Veterans Health Administration, I am disappointed my proposals to add $1 billion for VA loan guarantees to veteran-owned small businesses, $357 million to increase training and job placement, and $10 million for homeless women veterans and veterans with children was not included. These proposals would have helped veterans and our economy.

It appears the Democrat leadership was more interested in special projects than pro-growth economic policies that create and sustain jobs. These are distinct policy differences for which our economy will suffer, and Americans will pay the price.

I also do not understand how more than $100 million for non-citizen, non-resident, Filipino Veterans of World War II will help stimulate the U.S.economy. I hope Americans will stop to ponder the distorted values of those who crafted this bill"

65 million +/- so-called Americans voted to change the staus quo. Now the socialists are in charge for real. I hope you're happy with the outcome.