Lawyers please: What is the difference between having insufficient evidence of a crime and having no evidence of a crime? If someone you hate gets murdered, is that a little bit — but not sufficient — evidence of your guilt?
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charges get brought all the time on circumstantial evidence. how much is enough to make a jury convict? i’m sure they have a idea what should work but in this case with money and game u probably need to exceed the “enough” bar to think the charges can stick
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"Insufficient" evidence includes: •none •less than enough to prove beyond reasonable doubt "No" evidence includes: •none
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The report does not state this.
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Long-standing Justice Dept. policy is of not charging a sitting President for a federal crime. Mueller made it clear IF they had confidence that the President did not commit a crime, they would have said so. The office did not make a determination that there was no crime. 1/2
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2/2 This was because they could not out of fairness to the defendant. As a sitting President cannot be charged with a federal crime in the justice system where they can defend themselves. The constitution requires a system outside of the criminal justice system to do so.
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Mueller says they didn't consider it, but according to Barr, they asked Mueller specifically if he would have charged or indicted but for the OLC opinion, and Mueller made it clear that was not the case.
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Respectfully, Scott, you are mixing different legal concepts. Whether and how you bring a criminal charge against a sitting president are procedural and jurisdictional questions. So the question as to what Court or Body (if any) has the power to try a criminal issue against a...
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I just want to take a moment to appreciate "Respectfully"
this is the way it should always be done.
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...sitting president is a jurisdictional issue. How you bring the charge (what hoops you jump through) are procedural issues and then your original question would be evidentiary - does the evidence meet a high enough standard to bring a charge...
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“We specifically asked him about the OLC opinion and whether or not he was taking the position that he would have found a crime but for the existence of the OLC opinion and he made it very clear several times that was not his position.”