|Dershowitz said the words “exonerate” and “exonerated” should be redacted from the Mueller report, “from the vocabulary of prosecutors and from our legal system.” - Thank you, Alan.|
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Mueller's use of 'exonerate' threatens 'presumption of innocence' - WND
Harvard Law professor Alan Dershowitz
Robert Mueller’s repeated statement that President Trump was not “exonerated” by the special counsel investigation into Democratic claims of Trump-Russia collusion threatens every American, contends Harvard law professor Alan Dershowitz.
During two congressional hearings Wednesday, Democrats got Mueller repeatedly to state that Trump was not “exonerated” of obstructing justice, even though the special counsel did not refer charges.
The president’s supporters have pointed out the difficulty of proving obstruction when there was no underlying crime.
On Friday, Dershowitz argued “exoneration is not the job of our legal system.”
“Mueller’s attempt to introduce it is an extraordinary and dangerous innovation that would endanger the presumption of innocence we all have under the law,” he wrote in a column for FoxNews.com.
“During and following Mueller’s testimony, much of the media went into overdrive highlighting one sentence in the former special counsel’s 448-page report on Russian interference in our 2016 presidential election, as if it were breaking news,” Dershowitz said.
The sentence was: “Accordingly while this report does not conclude that the President committed a crime, it also does not exonerate him.”
Dershowitz said the statement creates “a grave and frightening danger in introducing the concept of exoneration into our legal system.”
“It suggests that a person may still be presumed guilty even if the decision was made not to prosecute him or her, or even if a jury rendered a verdict of not guilty,” he said. “Surely, this is the impression that the Mueller report and Mueller himself intended to convey by the sentence, which is the last one in his report. Surely, this is the impression that the Democrats are trying to convey to voters.”
Dershowitz explained “the truth is that even a full trial doesn’t exonerate or not exonerate anyone, since the rules of evidence limit the testimony and other evidence that can be heard by a jury.”
“Exoneration,” he said, “is for God, historians and other non-legal institutions that have access to the totality of information.”
Dershowitz asserted it “should never become part of our legal system and it should never be used as a partisan political weapon by politicians.”
“Mueller should never have spoken of exoneration in his report or in his testimony.”
Dershowitz said that when a prosecutor “decides not to prosecute, or when a jury renders a verdict of not guilty, that has to be the last word when it comes to the criminal law.”
“By introducing the concept of ‘not exonerated’ the special counsel exceeded his own powers and even those of the Justice Department.”
He called for new hearings in the House and Senate “to deal, as a matter of principle, with the idea of introducing the dangerous concept of exoneration into our legal lexicon.”
Dershowitz said the words “exonerate” and “exonerated” should be redacted from the Mueller report, “from the vocabulary of prosecutors and from our legal system.”
“These words set an absurd standard that wrongly casts a shadow of suspicion over people who are not charged with crimes or found not guilty after a trial,” he said.
LIBERTY HAS NO EXPIRATION DATEDemocrats wouldn't buy a clue if it was government subsidized.
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