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Malicious Prosecution?

Posted on Thursday, August 17, 2023
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by AMAC, Robert B. Charles
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Trump leaving on air force one before prosecution

When does prosecutorial overreach become malicious prosecution? The Justice Department illegally surveilled (false FISA warrants) Donald Trump, dogging him for years – on a false premise. Now, we have four indictments, two local, two federal – one involving alleged violations of the 4th Amendment, all launched by arch-partisans. How much is too much?

Does the pattern of dogging Trump matter? Is this just impartial administration, nothing to see here, nothing political, just a standard criminal pursued on the merits – or is this something far worse, something new and intolerable in our truth-based republic, an affront to the “rule of law?” Is this political warfare – gone legal?

Before noting corroborating facts – like what happened to Hillary Clinton and her server-smashing entourage, President Biden and his foreign-funded son, or Comey, McCabe, Strzok, Page, and Brennan – just pause.

What is malicious prosecution? Or, turning that question on its head, what should prosecutors do? How are the custodians of justice supposed to behave? What does fairness look like?

For one thing, fairness is not political. The Rule of law – in a non-corrupt republic – requires an iron wall between politics and the administration of justice. Selective law enforcement, or favoring political friends and disfavoring adversaries, is Public Corruption 101– not the rule of law.

Everything about the “rule of law” reflects this understanding. Without impartiality, there is no law, no respect for what leaders call the law, no trust in the law, and no willingness to abide by the law. Put differently, when the well of justice is poisoned by politics, civil order gets sick – and can die.  

Consider what the Greats say societies need to survive. Wrote Plato: “The worst form of justice…is pretended justice.” In other words, politics in place of justice kills justice. Plato knew something about that, too – he watched Socrates get convicted, forced to death on hemlock.

Wrote Aristotle: “At his best, man is the noblest of animals – but separated from law and justice, he is the worst.” So if we consult conscience for truth, we stay noble; if we do not, we lose it.

Maybe that is what Mahatma Gandhi wrote: “The court of conscience … supersedes all other courts.” If we forget right from wrong, we humans – including prosecutors – get off track.

All this comes back to “malicious prosecution.” If fairness, impartiality, and avoiding politics are how things should work, what is the opposite? What is malice being used by a prosecutor?

Malicious prosecution is the textbook perversion of justice – a suit “instituted primarily because of a purpose other than that of bringing an offender to justice,” or “against another maliciously and without probable cause,” or “begun in malice,” with “ill will” or a “desire to cause distress.”

Hmmm. Anything come to mind? With a presidential election pending, could prosecutors with “ill will” toward Trump, including one known for overreach, have other purposes in mind? Could dislike become malice, perhaps feed a “desire to cause distress?” Can prosecutors be partisan?

The tort of “malicious prosecution” requires a prosecution that ends favorably to the prosecuted, plus a showing of malicious intent, damage to liberty, reputation, or suffering. Sound like it fits?

Look at how Justice has behaved toward Trump. They opened an FBI investigation which, it turns out, was based on false information from Hillary Clinton, his 2016 rival – a fact briefed to Mr. Obama and Mr. Biden during that 2016 campaign (which raises other questions).

After Trump won, he was hit by continued investigation, Justice-sourced untruths, misrepresentations, and stories leaked to an eager press. False allegations fed congressional investigators, producing two impeachments, both notably lacking in traditional due process.

“Malicious prosecution” requires Trump to prevail in just one case – showing it involves malice. Truth is, we are in uncharted waters – a former president facing flimsy indictments, partisan prosecutors, sitting president enjoying immunity from investigation for highly suspicious acts.

All this occurring at the start of the supercharged 2024 presidential election – with the two men leading in pursuit of their respective party nominations.

In the grand scheme, a “someday suit” for “malicious prosecution” may be small potatoes, but the Republic is in the grips of a series of constitutional crises, and public trust is extremely low.

Trump may not win any of these suits, let alone nomination or election. Biden may not survive scrutiny, could be impeached, indicted, not be his party’s nominee, or get reelected. But malice is at play. That is dark. These suits against Trump certainly look…a lot like malicious prosecution.

Robert Charles is a former Assistant Secretary of State under Colin Powell, former Reagan and Bush 41 White House staffer, attorney, and naval intelligence officer (USNR). He wrote “Narcotics and Terrorism” (2003), “Eagles and Evergreens” (2018), and is National Spokesman for AMAC.

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PaulE
PaulE
10 months ago

RBC,

If you’ve kept up with how authoritarian rulers like Lula of Brazil, Erdogan of Turkey and several others of other socialist-style nations have dealt with their political opposition, then you no doubt see the exact same pattern being used against President Trump by the Biden regime. To say this is merely malicious prosecution is being very mild in your assessment of what is truly going on here. Trump can’t be controlled by the administrative state, so they will stop at nothing to remove him as the most serious threat to their grip on unilateral power. People of other nations are watching quite closely what the Biden regime is doing and most are highly concerned, and rightfully so, with what they see happening to this country. Our enemies aboard are smiling ear to ear.

Wise Woman
Wise Woman
10 months ago

Their goal is to bankrupt Trump with all the costs of lawyers, etc. The evil of this current administration is palpable! Pray with all your heart for Trump, his family, and his advisors.

David Dunmore
David Dunmore
10 months ago

The administration, the FBI, the “lame stream media, are all in on it and have been complicit covering for the Bidens. They may even be on the take from the Bidens that is why they are attacking Trump. If Biden goes down so will those covering for him!!! And they are scared to death that will happen.

J J
J J
10 months ago

I am quite frustrated and disheartened that our Republican leaders seem to do nothing about what is being done to Trump. Evil persists when good men do nothing.

Philip Seth Hammersley
Philip Seth Hammersley
10 months ago

Why doesn’t some REAL judge intervene and impose sanctions for prosecutors (state and federal) who file FRIVILOUS charges against people? Are there ANY judges who want to support the Constitution?

Robert Zuccaro
Robert Zuccaro
10 months ago

“Persecution”? Nah! I’m sure it’s all coincidence they wait four years to bring charges and it’s an election year. But hey, I bet if they look hard enough, Trump has an over-due library book from 4th grade they could get him on….

Rick
Rick
10 months ago

The whole system has been destroyed because of corruption.

Rik
Rik
10 months ago

Jack*ss Joe’s strategy to persecute Trump is only making his opposition rally around Trump even more! More people are realizing that the Mainstream Media is compliscent in “covering” for the worst President in American History!

Stephen Russell
Stephen Russell
10 months ago

Its Persecution too

Charles Lamb
Charles Lamb
10 months ago

Not only is the endless prosecution of Trump through vain ultra-left attorney generals a huge travesty of the US Justice System, but they are also setting a very dangerous president that opens the doors for every AG to file charges against any political opponents. Democrats never shy from setting these new precedents with absolutely no thought as to the long-term ramifications. Their timing is also a blatant attempt to interfere with future elections. Every one of them needs to be disbarred and prosecuted for violating election integrity laws.

VoterAnn
VoterAnn
10 months ago

It’s called “persecution by prosecution.” And it’s EVIL.

Carolyn
Carolyn
10 months ago

Whatever Trump did incorrectly..he does not deserve what is being done to him…DemocRATS are ruthless! They have done worse…all of them!

Oldrealist
Oldrealist
10 months ago

Democrats no longer care about legal justice.
Democrats have more than enough judges, prosecutors and police for their Lawfare strategy to have protected their theft of an election and to jail anyone
Judges and juries in far left jurisdictions will find Trump guilty.
Democrats hope jailing Trump will discourage his supporters and kill the MAGA movement.
Ain’t gonna happen. The MAGA movement has become too deeply rooted, too committed, to collapse at the jailing, or death, of a leader.
Confrontation will escalate. No way of stopping it now.

Granny26
Granny26
10 months ago

They keep coming up with ‘Trumped up reasons to indict’ hoping to keep him out of the 2024 race. Not working people….

Barbara TURNOWICZ
Barbara TURNOWICZ
10 months ago

Is awful what they are doing for one of the best presidents we had in office

VoterAnn
VoterAnn
10 months ago

I always appreciate Robert Charles’ articles for their clarity and insight. Thank you, sir!

GTPatriot
GTPatriot
10 months ago

And the other favorite phase of the corrupt left is that “walls are closing in ” on Trump.
There is no one in a smaller room right now than JB

gin
gin
10 months ago

The bible says satan rules the world. Not without God’s consent, however, but since people don’t want God’s rules and laws, this is what they get. God separated the world when humans built the tower of Babel. He didn’t want a “united nation”, but many in the world do want one world government. So does satan. The tribulation period, when the antichrist rules with a one world government, is coming soon. Read all about it in the book of Revelation. A person is either on God’s side, or satan’s. God alone is good. I can’t even imagine wanting to be on the other side. The way to be on God’s side is to ask His Son, Christ Jesus to save you.

Rose
Rose
10 months ago

Maybe there won’t be a 2024 Election. Maybe the indictments are for opening up people’s eyes. All you have to do is SEE what is going on. They are trying to make us get EV, get rid of certain appliances, mandate vaccines, they are trying to control us. I don’t trust Biden and his Administration as far as I could throw them (figure of speech) Do you? What they are doing to our country is despicable, we need our Trump back so he can MAKE AMERICA GREAT AGAIN! TRUMP, TRUMP he’s our man, if he can’t do it no one can.

John
John
10 months ago

Just one more comment. Man has always had the free will to choose good or evil!

Ken
Ken
10 months ago

The way the Dems keep adding these indictments shows they are hiding what happened in the 2020 election that they can’t take a chance of Trump getting back in the White House to uncover their corruption. I think there needs to be a age limit on who can run for any office in government both Trump and Biden are too old and to let someone run that has dementia, shows us the country is heading in the wrong direction.

Robert Zuccaro
Robert Zuccaro
10 months ago

Does your mommy know you have such a potty mouth, little pronoun?

Jeanette
Jeanette
10 months ago

This racketeering charge in Georgi is insane…call it what you wNt but it’s just another way to try and remove Donakd Trump from the Presidential Ballot. I’m very angry that the democrats have stooped so low…can’t defeat him constitutionally so they try this.

Garyk
Garyk
10 months ago

It’s plain and simple,persecution and prosecution of a Great President who dared to interfere with the self anointed marxist democrat party and the smug elite insiders in Washington ,who hold themselves as the all knowing saviors of the ignorant deplorable lowly citizens.
This scum MUST destroy President Trump and America’s greatness ,because in their sick,traitorous minds WE are the problem.
How dare WE the People question or desire to hold them accountable. How dare we question their divisive, immoral,corrupt behaviors and disrespect for OUR COUNTRY, Constitution and God Given Rights!
How dare we DEMAND Justice,Honesty and Moral Integrity.
They MUST destroy ANY chance that President Trump and America’s Legal Citizens could once again take back Our Country.
Which is EXACTLY what it tells us it is IMPERATIVE it’s time.
WAKE UP AMERICA ,the marxist democrat party, washington insiders, career politicians and rinos MUST GO!

Samuel
Samuel
10 months ago

… number 1 problem here in America, our government optimized, for facilitation and perpetuation of conflict, hatred –

tofbs
tofbs
10 months ago

EVERYONE FORGOT ADOLPH?

NeilRK
NeilRK
10 months ago

Did you view the YouTube video of Biden bragging about using massive election fraud to win?

John
John
10 months ago

It has gotten so bad in politics due to the Democrat Party. Stronger than the Mafia ever thought of being, more crooked than a 100 Trumps ever could be. Evil is a polite adjective. It is very hard to not become down right hateful towards the Party of corruption, incompetence, destructive to mankind and deranged beliefs in the human gender, and the defunct science of Global warming causing the near future destruction of our precious planet. They make a good case for Devils and Demons!

GTPatriot
GTPatriot
10 months ago

Is the Biden corruption and embezzelment (dare I say it ?) WORSE THAN WATERGATE ? This worn-out, tired, useless, meaningless phrase is a prize of the corrupt left when referring to Trump Biden alone is not corrupt. He is part of a corrupt government. Hundreds of FBI and DOJ personnel should be jailed. Not fired or “reprimanded” but JAILED.

jocko
jocko
10 months ago

ONLY ONE SURE AND PERMANENT WAY TO STOP THE CANCEROUS, ANTI-AMERICAN, CHEATING, LYING, libs AND IT’S NOT THRU ELECTIONS………..

Doug C
Doug C
10 months ago

I’m tired of your and everybody else’s lip service. Either DO Something or shut the hell up. I don’t need your verification of stuff I already know.

johnh
johnh
10 months ago

I believe our Justice system is working today as founding fathers intended. Donald Trump & Hunter Biden are not above the law & will be charged if they break the laws. Proof that the big fish can be treated like the little fish. Lesson here is DO NOT BREAK THE LAWS or you will pay the penalty the same as all others.

johnh
johnh
10 months ago

It is simple in my opinion, if anyone breaks the law then they should be charged, arrested, or whatever judges rule that fits the crime. No one is above the law & Trump even said this when he was in office. Right is right & wrong is wrong is a simple concept. The whining and defense that someone else did this & did not get charged does not mean that you can get away with it also.

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