by Karl Denninger, Market Ticker:
As has been pointed out multiple times there is a presumption of innocence for all criminal investigations.
The prosecutor must find evidence of guilt sufficient to sustain a prosecution. This is well beyond probable cause; that just gets you a search warrant. To actually sustain a prosecution you actually need something beyond a preponderance of evidence — but exactly how far you must get beyond that point is a prosecutorial decision, mostly grounded in how much risk the department is willing to take of losing at trial.
Then the jury (or judge, if the accused so chooses) must find sufficient evidence to convict beyond a reasonable doubt.
There’s a reason that if you get charged on a federal crime 99% of the time you’re screwed; the prosecutors know these are the rules and they require well beyond “a preponderance of the evidence” before bringing a charge in the first place — in no small part because the prestige and authority of their office rests primarily on only charging that which they are quite sure they can win convictions on.
There is not only no authority to “imply” guilt there is no authority to write a report implying same.
It’s illegal to do so under the presumption that all persons have of innocence which, if rebutted by evidence, leads to a criminal charge.
You either charge a crime or you don’t.
That’s the beginning and end of the debate.
Mueller walked up this hill and literally died on it. He was forced to admit he could not cite a single regulation, law or practice within the DOJ for what he wrote in the second part of the report.
That’s because legally what he did was void.
Worse, as an official act of the DOJ, undertaken under great scrutiny and with the full authority of same, such an action has permanently destroyed any claim to legitimacy the DOJ ever had. It is a void entity. No person in this nation has any obligation to give it any credibility of any kind ever again until and unless Mueller and everyone involved in his activity goes to prison.
Which won’t happen.