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特朗普总统的调查合法吗?

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上周末,唐纳德·特朗普总统和他的法律团队中最著名的成员、前纽约市长鲁道夫·朱利安尼发起了针对特别检察官罗伯特·穆勒的竞选活动。他们袭击了特朗普任命的司法部人员。他们在没有出示任何支持证据的情况下提出指控,诽谤司法部职业律师和联邦调查局特工。他们声称挑战穆勒办公室本身的合法性。

合法性问题是朱利安尼在“福克斯周日新闻”上向我的同事比尔·赫默六次提出的观点。当然,朱利安尼有权对任何事情发表任何意见,但他必须知道他的非法意见是毫无根据的。

穆勒的工作虽然一直令特朗普恼火,但却是相当合法的。它得到了国会批准的《联邦刑事诉讼规则》的授权。它是由特朗普任命的副司法部长罗德·罗森斯坦创建的。它已得到六位不同联邦法官的批准。

总统本人甚至接受了穆勒部分工作的合法性。特朗普单方面对俄罗斯情报人员实施经济制裁,穆勒的大陪审团之一指控这些情报人员涉嫌在 2016 年大选期间实施计算机黑客攻击和其他罪行。

特朗普和朱利安尼最近声称,针对特朗普的调查过程受到操纵,这暴露了朱利安尼的不真诚以及特朗普为巩固基础而做出的努力。朱利安尼在担任联邦检察官期间,了解检察官的心态。这不是一种耐心地审查法律和事实来确定有罪或无罪的行为。这就是司法思维。

检察官以他们认为有罪的人为目标,然后寻找足够的合法证据来证明有罪。这是对政府资产的合法使用——旨在向被告收取费用,而不是评估他们担任高级职务的道德价值。

检察官可以使用的工具之一(通常在白领案件中使用)是派遣一位友好的人与调查外围的人聊天,看看任何口头言语是否可以引导检察官找到可信的证据。这种利用线人收集证据的过程非常正常,甚至不应该引起人们的注意。对非暴力犯罪的刑事调查通常就是这样开始的——从泄露秘密的中间人之间的对话开始。

这项技术最成功的实践者之一是曼哈顿的一位名叫鲁迪朱利安尼的美国律师。今天,作为特朗普辩护团队的发言人,朱利安尼谴责他曾经完善的这一程序——他知道这一程序是合法的——他通过称中间人不是线人而是间谍来做到这一点。称线人为间谍取决于你的立场。当他是你的人时,他就是一个线人。当他是对方的人时,他就是间谍。

立即订购

朱利安尼的说法——没有任何公开证据支持——是奥巴马政府派遣了一名未透露姓名的联邦调查局卧底特工来欺骗特朗普竞选团队的核心圈子。如果这是真的,并且是在没有搜查令的情况下进行的,那么这就是对特朗普竞选官员(包括后来成为总统的人)公民权利的巨大侵犯。但朱利安尼没有提供任何证据证明这一点。

我们怎么会在这里?

所有这些间谍活动和通报行为——执法和情报收集的混杂——如今都是联邦政府 9/11 事件后心态的副产品。 9/11 之前,中央情报局从美国境外收集情报,国家安全局从美国境内收集情报。联邦调查局在很大程度上收集犯罪证据。

9/11 之前,出于充分的历史和现实原因,情报界和执法界被禁止相互沟通。由于情报界使用违宪且往往是非法的手段来获取数据,而且执法部门必须使用宪法和合法的手段来获取证据,以便法院不压制证据,因此他们没有交换纸条。

但根据极其违宪的《爱国者法案》的命令(六名联邦法官判定该法案的部分内容违宪),情报界和执法部门开始混合工作。

FBI 特工很快意识到,通过将他们的工作描述为情报收集而不强调执法方面,他们可以去另一个法院——FISA 法院,该法院获得搜查令的门槛低得违反宪法(即,与他人交谈的可能原因)。外国人)——获得搜查令。事实证明,这比获得宪法搜查令要容易得多,后者需要有可能的犯罪原因。更容易的搜查令意味着更少的工作。这实在是一个难以抗拒的巨大诱惑。

情报界很快意识到,它可以与执法部门分享对美国人进行间谍活动的发现,以换取执法部门对国内间谍活动的无法无天行为视而不见。所有这一切都在联邦执法和国内情报收集中产生了一种完全无视宪法规范的牛仔文化。

这是腐败的一种形式——政府明知违反宪法规范,却在不为人知的情况下故意容忍。

现在回到特朗普和朱利安尼。如果他们成功,他们将通过说服公众接受含沙射影和已知的谎言来攻击法治。我经常站在个人一边反对政府,但如果合法执法已经或正在出于政治目的而受到破坏,无论是 2016 年的巴拉克·奥巴马总统还是 2018 年的特朗普总统,我们所有人都将遭受更多腐败之苦。

朱利安尼的工作不是成为特朗普的律师,而是特朗普的律师。相反,它是为了影响公众情绪。对于政府来说,正如亚伯拉罕·林肯曾经说过的那样,有了民意,就没有什么事情可以失败;没有它,什么都不会成功。特朗普和朱利安尼比他们更了解法治。

版权所有2018 Andrew P.Napolitano。 由Creators.com分发。

 
• 类别: 思想 •标签: 宪政理论, 唐纳德·特朗普 
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  1. anonymous[340]• 免责声明 说:

    SOS, Same Old Comment.

    Before accepting anything Mr. Napolitano says about RussiaGate as credible, please take an hour to read critically a few of his columns published here since last November in light of my and others’ comments. Our resident “Freedom Watcher” is a waterboy for the Establishment who should stick to TV if he wants to remain an effective propagandist.

    1. Mr. Napolitano this week is again Big Lying:

    “… the Russian intelligence agents whom one of Mueller’s grand juries indicted for computer hacking and other crimes allegedly committed during the 2016 election.”

    * “Judge” won’t — because they aren’t — specify those “Russian intelligence agents.”

    * “Judge” won’t —because he can’t — specify that “computer hacking.”

    Last week, he spoke of “Russian intelligence officials” and “serious and demonstrable evidence of Russian government interference in the 2016 presidential election.” Never any evidence, not even a linked source. He knows that most people are too lazy to read or too ignorant to understand the indictment.

    2. Mr. Napolitano, since the breaking of the scandal over actual election interference by FBI, DOJ, and other American government agents, has been running cover and fawning over his feds. This week’s nugget: “They smeared career DOJ lawyers and FBI agents…” Sacrilege!

    3. Mr. Napolitano presents as a principled guardian of the Constitution and the natural rights it has largely failed to protect. Every third or fourth column does that pretty well, in the abstract or safely selected applications. (He uses a portion of this column in that way, noting the unconstitutional legislation that has further empowered his beloved feds.) But his smears of and with Russia and flak for his St. Mueller show that his higher loyalty is to those who want to run this country and the world from Washington.

    • 回复: @anonymous
    , @RadicalCenter
  2. “Prosecutors target folks they believe are guilty and then look for enough lawfully acquired evidence to prove guilt.”

    Sorry, Judge, but that is hardly the rule of law; it is nothing short of Stalin’s NKVD Chief Beria’s famous quote, “Show me the man, and I’ll show you the crime.”

    That is the MO of the Müller investigation.

    • 同意: RadicalCenter
  3. So Andrew Napolitano is a Deep State operative now. In other words, the entire Department of Justice (with the current cast of characters) was corrupt and crooked a month ago going back a couple of years, but now all of a sudden, this morning, Deep State is in the clear and Trump should just shut UP. Because saying mean things about this monster we created is mean.

  4. 穆勒的工作虽然一直令特朗普恼火,但却是相当合法的。它得到了国会批准的《联邦刑事诉讼规则》的授权。它是由特朗普任命的副司法部长罗德·罗森斯坦创建的。它已得到六位不同联邦法官的批准。

    This is the fallacy called “appeal to authority”. Russia gate is a hoax. A lie. And the Mueller investigation is a soft coup attempt against an elected President. Mueller is a traitor and so is Napolitano.

    • 回复: @Corvinus
  5. In Italy there is an old axiom stating that it is less dangerous to stick your head in the jaws of a Lion than to entrust your fate to a judge, attorney or doctor.
    Italians see things clearly and the crazy–ass Germans worship these scoundrels : judges.

    I never could stomach these pompous, hypocritical, power-mad assholes, and this guy, who is nothing more than a DNC agent, simply validates my standpoint.

    真正的爵士乐手,自 1973 年起获得“门萨”资格,接受过空降训练的美国陆军老兵和职业爵士乐音乐家。

  6. Also notice how this guy who calls himself a judge completely ignores the points brought up by Mark Levin a few days ago, which were vaguely that Mueller has apparently been appointing his own Federal prosecuters? This is not Constitutional and is just one of the many many reasons that Mueller’s “mandate” is invalid.

    This idiot who calls himself a judge is clearly protecting Mueller for reasons that are completely unknown to anyone who has a brain.

    Something weird is afoot with this fake judge.

  7. anonymous[340]• 免责声明 说:
    @anonymous

    Re #2 – I noticed this morning that Mr. Bharara, in commenting on the pardon of Mr. D’Souza, invoked the same holy order: “The career prosecutors and agents did their job. Period.”

    “Career.” As though they’ve renounced worldly rewards to serve some higher calling.

    Look for more of the same if the clay feet of Mr. Napolitano’s federal gods continue to crumble.

  8. Not just legitimate, but, um…相当 合法?

    Which crime is Trump accused of committing? US Code is 相当 specific, so please reference which crime. If you’re a quite legitimate judge, you’ll understand what I mean. Thank you.

  9. Anonymous [AKA "Winfield Dows"] 说:

    Let’s name things as they should be.

    If Obama and his bootlicking apparatchiks initiated a “counter-intelligence” investigation to “spy” on a presidential candidate then they used “spies” to do so.

    If it had been a “criminal” investigation then it would have been “informants”.

  10. @anonymous

    同意。

    And aren’t “career DOJ lawyer” and “career FBI agent” already smears?

    • 回复: @Corvinus
  11. Corvinus 说:
    @WorkingClass

    “This is the fallacy called “appeal to authority”. Russia gate is a hoax. A lie. And the Mueller investigation is a soft coup attempt against an elected President. Mueller is a traitor and so is Napolitano.”

    No, there is no “hoax” here. Just apparent malfeasance by Trump and his team.

    Just employ this simple test. Replace Trump with Obama’s name every time a new accusation comes out. Would you feel that the investigation would be a “witch hunt” or an exercise in justice? Be honest with yourself. The truth will set you free.

    Furthermore, educate yourself on the ongoing criminal investigation.

    https://investigaterussia.org/timelines/everything-we-know-about-russia-and-president-trump

    https://twitter.com/SethAbramson?ref_src=twsrc%5Egoogle%7Ctwcamp%5Eserp%7Ctwgr%5Eauthor

    And, finally, why is the normally NOTICING Mr. Sailer not regularly chiming in on this matter? Answer: He does not want any of his insight to come back to haunt him. Smart on his behalf NOT to make say that the investigation is other than legitimate.

  12. Corvinus 说:
    @RadicalCenter

    “And aren’t “career DOJ lawyer” and “career FBI agent” already smears?”

    Patently false. There is no “smear” here, just men and women who work diligently to make our nation safe. Hopefully nothing ever happens to you and your kin that requires involvement of federal law enforcement.

    • 回复: @Authenticjazzman
  13. @Corvinus

    ” Men and women who work diligently to make our nation safe” :

    You must be German by descent, the Germans being the most stupid, naive authority-worshiping “Untertanen” on planet mirth.

    In Germany , they worship : Judges, Medicos, Attorneys, Clergy, Doktor Titles, Journalists, Social workers, States attorneys, in other words all of the most profound BSers, and demogogues of society.

    In Italy a common greeting amongsts friends and aquaintences is “Bon giorno” dottore, or “Bon giorno Professore”, in other words the employment of these titles as a form of greeting, as a common greeting.
    In Germany nobody would dare to say “Guten Tag Herr Doktor” to someone who doe not hold such a title, which to the simple-minded German would constitute a “desecretion” of said title.

    All of your postings indicate that you are a bloody fool, and this one not being any different.

    Authenticjazzman “Mensa” qualified since 1973, airborne trained US Army vet, amnd pro Jazz artist.

    • 回复: @Corvinus
  14. Corvinus 说:
    @Authenticjazzman

    “You must be German by descent, the Germans being the most stupid, naive authority-worshiping “Untertanen” on planet mirth.”

    Not authority worshiping, it’s observing authority. And the Founding Fathers were of that mentality as well. Furthermore, your assertion as Germans being stupid is patently false, as evident by their contributions from physics and chemistry to cars and consumer products.

    “In Germany , they worship : Judges, Medicos, Attorneys, Clergy, Doktor Titles, Journalists, Social workers, States attorneys, in other words all of the most profound BSers, and demogogues of society.”

    You are committing a categorical error here. Ensuring that there is law and order in a society is not the work of demagogues, but of learned men and women.

    • 回复: @anonymous
    , @Authenticjazzman
  15. anonymous[340]• 免责声明 说:
    @Corvinus

    I like how you spackled your last two in this thread with “men and women.” Like the word “career” I’ve already noted above, “men and women” is soft propaganda that helps to keep in line the Tom Parsons and other Outer Party types that you deftly mock.

    Congratulations, too, on hooking a Mensant. Do you give yourself extra trolling points for that?

    • 回复: @Corvinus
  16. @Corvinus

    ” Not worshiping authority, it’s observing authority”

    Look I lived in Germany for forty-plus years , was married to three “upper-class” German women, a “Von”, an MD, and my current german wife, a retired Teacher. I know what I am talking about and the Germans most definitely can be classified as profound “Authority worshippers”.
    This first occured to me back in the sixties while sitting in a doctors waiting room and observing with amazement the entire group of waiting patients stand up as he, the MD, entered the room, as if the pope of a commanding general had just arrived.

    ” Is not the work of demagogues, but of learned men and women”. If you think for moment that people who graduate from law school are somehow then “Learned”, you are beyond naive.

    ” From physics and chemistry to cars and consumer products”.

    Regarding Physics, Germany does not and, never has had a monopoly in this field, Chemistry yeah we can thank them for Heroin , and regarding cars : Nobody, including the Germans, has ever matched the innovations and aesthetics of the Italians : Alfa Romeo, Lancia, Ferrari, Maserati, all works of Italian art, including unique propulsion conceptions.

    1973年以来一直是Authenticjazzman“ Mensa”的资格,经过机师培训的美国陆军兽医和专业爵士乐音乐家。

    • 回复: @Corvinus
  17. Forgot to mention the fervent love of politicians exercized by the crazy-ass Germans.
    This is amongst all of their other perverted reasons for hating DT : They claim that because he is not an authentic ” politician” he is unqualified to be president, meaning to their abberrated minds, that a “genuine” politician is someone to respect and venerate, instead of to take with a huge boulder of salt, and justified suspicion.
    I really had a temendous laugh reading Kinky Friedman’s take on term limits for politicians: He said he is all for two terms for politicians : four years in office and four years in the slammer.

    阿杰姆

  18. Corvinus 说:
    @anonymous

    “I like how you spackled your last two in this thread with “men and women.” Like the word “career” I’ve already noted above, “men and women” is soft propaganda that helps to keep in line the Tom Parsons and other Outer Party types that you deftly mock.”

    There is no propaganda here telling the truth that men and women have careers as judges, journalists, social workers, state attorneys, etc. Why are you denying this fundamental fact?

  19. Corvinus 说:
    @Authenticjazzman

    “Look I lived in Germany for forty-plus years , was married to three “upper-class” German women, a “Von”, an MD, and my current german wife, a retired Teacher. I know what I am talking about and the Germans most definitely can be classified as profound “Authority worshippers”.”

    Anyone on the Internet is able to puff up their credentials. And if true that you have been divorce twice, there is a high probability that you have a knack for telling other than the truth.

    “This first occured to me back in the sixties while sitting in a doctors waiting room and observing with amazement the entire group of waiting patients stand up as he, the MD, entered the room, as if the pope of a commanding general had just arrived.”

    That is simply respect, and is often seen in American hospitals by people who are other than German.

    “Regarding Physics, Germany does not and, never has had a monopoly in this field, Chemistry yeah we can thank them for Heroin , and regarding cars : Nobody, including the Germans, has ever matched the innovations and aesthetics of the Italians : Alfa Romeo, Lancia, Ferrari, Maserati, all works of Italian art, including unique propulsion conceptions.”

    We are not talking about comparing innovations between Germans and other Europeans. You made the claim that Germans were “most stupid”. You tacitly admit that the Germans, while they allegedly never had a monopoly in physics, have contributed to this challenging field, which would simply prove Moreover, since you gave your personal opinion regarding Italian car innovations, while downplaying Germany’s role, you are also reluctantly acknowledging German skill in this area.

    Like a woman caught in a lie, you are lashing out. How unbecoming of a supposed veteran.

    • 回复: @Authenticjazzman
  20. @Corvinus

    ” And is often seen in American hospitals”

    Bullshit, you are lying, nobody ever stands up in an American hospital because a doctor enters the room, doctors who’s mistakes are often fatal, are not venerated and deified in the US such as they are in Germany where they are labeled as “Götter in weiss” : Gods in white.

    As I said, and I don’t care whether you believe me or not: I was married to a german MD for four years, plus right now my niece and her husband are both surgeons, plus my brother-in-law is a retired internist , and I KNOW what I am talking about

    “Like a woman caught in a lie, you are lashing out”.

    And now you attack me with totally unfounded sexist garbage.

    Look man you are out of your mind, and I do not care to communicate with you any longer, period.

    1973年以来一直是Authenticjazzman“ Mensa”的资格,经过机师培训的美国陆军兽医和专业爵士音乐家。

    • 回复: @Corvinus
  21. Corvinus 说:
    @Authenticjazzman

    “Bullshit, you are lying, nobody ever stands up in an American hospital because a doctor enters the room…”

    Losing one’s cool on a blog is a sign of inferior intelligence. In addition, when you use the term “nobody”, that is a rather bold assertion. Because it a person is sitting down, and a person walks into a room, it is part of the normal conversation process, as well as a sign of respect and dignity, to stand up, meet face to face, and establish eye contract. This is elementary stuff here.

    “doctors who’s mistakes are often fatal, are not venerated and deified in the US…”

    Certainly there are physicians who’s medical decision for patients results in death or additional injury, but the track record for how doctors perform their job at a high level is quite good. And, of course, families whose loved ones were saved by doctors would regard them in high esteem.

    “such as they are in Germany where they are labeled as “Götter in weiss” : Gods in white.””

    Perhaps some Germans use their terminology, but is truly uttered by most or all Germans on a regular basis? I’m sure you have a source or an article that is able to offer proof of how Germans employ this widespread label, right? Right?

    “And now you attack me with totally unfounded sexist garbage.”

    I’m merely using the strategies offered by the Alt Right. And you have the audacity to label it as “sexist”? Wow, just wow.

    “Look man you are out of your mind, and I do not care to communicate with you any longer, period.”

    Typical SJW response when he/she/it is getting verbally trounced.

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