If you are still demanding President Obama’s birth certificate, there is a good chance you are still hoping Hillary will be indicted and thrown out of the Presidential race.
It won’t happen. Get over it.
Today’s Rasmussen Poll asks
50% of Americans say she could keep running even if indicted. I am in that 50%. An indictment is merely a charge that a Prosecutor or Grand Jury believes there is some evidence to believe a crime probably was committed. Using an indictment as a political weapon is something they do in South America.
The first obstacle is getting the Department of Justice to pursue the case. The crimes alleged are Federal statutes, so the trial would be in Federal Court, most likely the DC District Court, although one might make the case that New York is the right venue.
The DC District is unique among the other districts. It has its own dedicated appeals court as well. That court deals with cases filed by the DC District Attorney, currently Channing D Phillips, appointed by President Obama in 2015. Channing D Phillips is the son of deceased civil rights activist Channing E Phillips, who led Robert F Kennedy’s campaign in Washington DC.
DC has 11 Democrats for each Republican. Many of them would be motivated by the politics, not the facts. Anyone with serious national security credentials – Pentagon, CIA, FBI, State Department would be excluded from the jury. So would anyone with an important government job. The pool would be unemployed people from public housing, retired people and low level government employees like administrative assistants.
A Grand Jury does not determine guilt – only the probability that the accused a crime. Grand Jury Basics The evidence is entirely that presented by the prosecutor. Witnesses are not allowed to have a lawyer present. Jurors are encouraged to pursue lines of questions directly that would not be permitted at trial. The accused is not required to testify. Issuing an indictment happens if a majority (12 of 23) agree that a crime probably happened). The FBI does not issue indictments.
In the unlikely case that a grand jury was inclined to derail Hillary, an actual criminal trial is very unlikely before November – unless we find out that Hillary has been murdeing black people inside a church.
So let’s say we get an indictment and an expedited trial. Hillary has a right to mount a defense, which means discovery – putting relevant witnesses under oath and subject to perjury in a Deposition How long discovery lasts is limited primarily by the funds available to pay lawyers. Given the wide variety of people involved and their geographic range, discovery could take months.
A conviction at trial requires unanimous agreement of the jury that a crime occurred beyond reasonable doubt. If you think a DC jury will convict Hillary, you probably expected the original OJ Simpson jury to convict him. That won’t happen.
Let’s say that every improbable thing happens – the DoJ gets an indictment, the trial convicts Hillary of a felony before November. Hillary will appeal. Pull out your pocket constitution and find the section that prohibits a convicted felon from running for President. There is no such prohibition. Hillary would surely be free on bond during the appeal process, which could take several more years, during which as President she appoints the new Attorney General.
Let’s say the conviction occurs and she loses all the appeals after she is already President. Does that mean she cannot continue to be President? Nope.
Once in office, impeachment and trial in the Senate is the only method, and only for crimes she committed since becoming President. At most, Republicans would have 56 Senators in 2017. If Hillary wins in November, it’s more likely the Republicans won’t even have 50. Unless Democrats want to push Hillary aside, she won’t be convicted in the Senate. Richard Nixon resigned only because Republican leadership stabbed him in the back. Democrats don’t eat their own.
Governor of California Jerry “Moombean” Brown Just endorsed Hillary. That is not surprising as all of the Democratic Party (except the people) are backing Hillary. It is telegraphing a warning to Bernie Sanders or anyone hoping to push Hillary aside.
Trump basing his campaign on the accusations of the 30 year old crimes – that are the fodder of Worldnet Daily, Townhall.com, Alex Jones, NewsMax, Free Republic – may sell gold coins, guns, IRS debt forgiveness, Identity theft protection, herbal cures for impotence and 25 year supplies of gourmet Macaroni and Cheese – but it won’t get him votes of people not already inclined to vote for him.
It is a recipe to get Hillary elected. On purpose.