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Is Rudy Giuliani Facing Prison Time?

Is Rudy Giuliani Facing Prison Time?

Whether former New York Mayor Rudy Giuliani gets indicted, convicted, and sent to prison is very unlikely.  At least that is my opinion.  Rather than a criminal, he seems to be just another victim of prosecutorial abuse.

In several past commentaries, I have expressed my belief and concern that the federal prosecutors are among the most political – and ergo, the most dangerous – component of the federal judiciary.

The fact that prosecutors wield unappreciated personal and political power is the very reason the radical left-wing globalist billionaire George Soros is spending a significant share of his massive wealth to elect radical politicized prosecutors throughout the United States.

I must issue this disclaimer:

There are thousands of federal and local prosecutors who do an outstanding and honest job.  However, in the most senior ranks is a collection of overly ambitious individuals.  The office’s political underpinning is clearly established by the career trajectories of so many of those ambitious and partisan individuals.

The position of federal prosecutor is a principal steppingstone to public office.  If you are dubious, just check the biographies of the members of Congress.  Most people already know that lawyers dominate legislative offices.  But they may not know that the largest group among the lawyer/legislators are the prosecutors.

It is not just about Congress.  Public offices at the state and local levels are rife with former prosecutors – federal, state, county and municipality.  And their most powerful tool (weapon) is prosecutorial discretion.  It does not take an advance degree to understand the potential problem of a person with political ambitions deciding who to prosecute and who not to prosecute.  Going after political adversaries while protecting political allies is standard operating procedure in many prosecutorial offices.

More and more, prosecutors are operating in the court-of-public-opinion as much as in a court-of-law. 

They can launch baseless investigations merely for the publicity.  They can damage the person’s reputation and political standing of enemies on the flimsiest of evidence – or none at all.  Because of the unfairness of the Grand Jury systems, it is said that a prosecutor could get an indictment of a hamburger.

It seems that the goal of many “investigations” is to simply damage the person in the court-of-public-opinion rather than any real chance of a conviction in a real court – where rules-of-evidence, bans against hearsay and other standards of conduct protect defendants from dishonest accusations.

The politicized prosecutors play to the press.  They leak specious evidence.  Former prosecutors go on news shows as guests and paid contributing panelists to interpret the cases politically more than legally  – inevitably with a political spin.  They essentially serve as prosecutors in the court-of-public-opinion – but without the restraints imposed on prosecutors in real courts.  They speculate, pass along gossip (hearsay) and take on the role of the judge in declaring guilt or innocence.  

When you take away all the false accusations and media hyperbole thrown at political figures, you often find that there is nothing there. 

There is no real case.  We witnessed the Trump campaign being accused of criminal conspiracy with Russia for more than two years.  It was a top story told only from the prosecution perspective.  The guilt was assumed in virtually every media report.

That is why the findings of Special Counsel Robert Mueller – that no such conspiracy existed – was such a shocker.  All those accusations – including California Congressman Adam Schiff’s false claim that he had seen incontrovertible evidence – were proven to be false when examined in the light of facts and actual evidence.

While the prosecutors in the court-of-public-opinion see sedition, insurrection against the United States and inciting-to-riot, the non-political prosecutors — who must go on the evidence and the law– are filing charges of trespassing and criminal destruction of public property.  These are rather minor offenses compared to accusations being advanced in the media. And a great disappointment to those on the left who see an illogical distinction between the 4-hour riot on Capitol Hill and the endless rioting in Portland.  One is sedition and the other is … oh well … just folks demonstrating.

We can see a number of cases that rise in the media, thanks to leaks from prosecutors and law enforcement, which inexplicably evaporate without so much as an apology from the abusive prosecutors. Prosecutorial misconduct is not an outrageous suspicion.

Based on prolonged news reports, former White House Advisor Karl Rove was all but certain to face prison time.  Today, hardly anyone can even recall why he was subjected to so much character assassination in the press.  You may also recall how former New Jersey Governor Chris Christie was sure to be indicted and convicted for his participation in Bridgegate.  Nothing.  The accusations of criminal charges against virtually every member of the Trump family – and the predicted indictments – have virtually all frittered away. 

It cuts both ways. 

Hillary Clinton was been publicly accused of being a crook. It even inspired the campaign mantra, “lock her up.”  In the final analysis, no charges were ever brought against her.  Today, Hunter Biden is being accused of criminal activity based on his highly suspicious activities with foreign operatives.  Like the Giuliani case, the accusations are only in the court-of-public-opinion. 

Giuliani is the latest to be hauled into the court-of-public-opinion. He is being accused of all sorts of criminal activities – even being an asset or co-conspirator with the Russians.  And yet, the only hard charge that has surfaced speculatively is a technical violation of not reporting his activities on behalf of a foreign government.  It will be awfully hard to make even that one stick in view of the fact that his client was the President of the United States and not a foreign government.

In both the Hunter Biden and Giuliani cases, the jury is out. If you are a betting person, the odds are that neither of them will be heading to hoosgow.  Time will tell.  But this trying people in the court-of-public-opinion as the first and last resort by government prosecutors is an abuse that we need to address. 

The practice is so bad, even Joe Scarborough is calling out prosecutors for using leaks to try people in public.  Scarborough said that prosecutors need to avoid public discussion of any case until they are ready to bring actual charges.  No more accusations that can only survive in the court-of-public-opinion – opinion that is formed by biased reporting.  This is one of those unique occasions in which I agree with Scarborough.

So, there ‘tis.

About The Author

Larry Horist

So,there‘tis… The opinions, perspectives and analyses of Larry Horist Larry Horist is a businessman, conservative writer and political strategist with an extensive background in economics and public policy. Clients of his consulting firm have included such conservative icons as Steve Forbes and Milton Friedman. He has served as a consultant to the Nixon White House and travelled the country as a spokesman for President Reagan’s economic reforms. He has testified as an expert witness before numerous legislative bodies, including the U. S. Congress. Horist has lectured and taught courses at numerous colleges and universities, including Harvard, Northwestern, DePaul universities, Hope College and his alma mater, Knox College. He has been a guest on hundreds of public affairs talk shows, and hosted his own program, “Chicago In Sight,” on WIND radio. Horist was a one-time candidate for mayor of Chicago and served as Executive Director of the City Club of Chicago, where he led a successful two-year campaign to save the historic Chicago Theatre from the wrecking ball. An award-winning debater, his insightful and sometimes controversial commentaries appear frequently on the editorial pages of newspapers across the nation. He is praised by readers for his style, substance and sense of humor. According to one reader, Horist is the “new Charles Krauthammer.” He is actively semi-retired in Boca Raton, Florida where he devotes his time to writing. So, there ‘tis is Horist’s signature sign off.

10 Comments

  1. Ben

    Man, trump said he only surrounds himself with the best people.. yet his best people keep ending up arrested or raided.
    Don’t forget, this investigation started under William Barr’s DOJ! Essentially, trump’s DOJ investigated trump’s personal attorney. This is awesome.
    Rumor has it that a lot of trump’s inner circle are terrified of their legal futures also.

    #Support the Blue #law and order # grab the popcorn # enjoy the show
    This is more fun than I could have ever imagined.

    Reply
  2. Ben

    You can laugh all you want, but Rudy is prepared to fight this all the up to the supreme Courtyard by Marriott.

    Reply
  3. anonyous

    Hey, sometimes, it takes take time to find out who is with you and who isn’t. Those that aren’t gotta go. Don’t tell us it hasn’t happened to you either. We’ll just have to wait and see what happens now.

    Reply
    • Ben

      Anon,
      Umm.. no. No close friend or acquaintance has ever been arrested or raided by the FBI.

      Reply
  4. Ben

    Larry,
    I’m glad you and the rest of the rest of the right are admitting that there is a problem with the way the justice system works. For so long we’ve heard the right blindly pledge fidelity to all aspects of the justice system.. back the blue, do what what you’re told and there won’t be any issues.. ect.
    I agree with you, it is time to reform the system!
    Two times in one month we agree ! What is the world coming to?

    Reply
  5. Ben

    Seriously, if the Justice system can do this to one of the most powerful men in the world, imagine what they get away with when dealing with the poor and regular folk that don’t have unlimited money and an army of lawyers to defend themselves. The left has been preaching about this for years!
    Thank you for bringing this to the forefront to your readers

    Reply
  6. TML

    Ben I like reading your comments more than I like reading the articles that you comment on. Rudy is a victim of his own ego and of being such a Trump loyalist. But Rudy has been a rat for years and he will jump the ship. One point the article did make that I agree on. I think hamburgers should be indicted. If you look at a graph of the growth of the hamburger fast food industry and a graph for the same period for diabetes and heart attacks, they are just about exactly the same!! Fast food hamburgers kill more people in this country than liberals and conservatives combined and yet we do nothing about it!!! Eat more chicken!!!

    Reply
    • Ben

      TML
      Thank you for the kind words, unfortunately Larry and his minions don’t feel the same. But it’s nice to have a few allies here.

      Now, the food thing… you are VERY close in your correlation between obesity and the food industry. Processed food manufacturers lobbied the FDA for a low fat/ high carb food pyramid. Lots of sugars and carbs made cheaply to pad the industry’s pockets at the expense of the American people’s health. This is really when the sharp uptick in obesity started. Prior to that, we ate as our bodies were designed to eat. High fat meals eaten infrequently. Now we nibble on high carb/ high sugar snacks all day long.
      We didn’t eat like that 2,000 yrs ago..

      Reply
  7. Eli 7777

    The Socialist Democrats have shown themselves to be above the law. Pelosi met with Socialist Elites (2016) to form a Resistance to Trump, to Regain their Socialist Power. They were guilty of what they accused Trump of doing. We had info from Hunter Biden’s laptop verifying the Biden’s dealings with China. Their dealings gave CCP or Communist China an edge in U.S industries. The Ukraine Prosecutor, Viktor Shokin filed a criminal complaint against Joe Biden for using Quid Pro Quo, to stop their investigation on Hunter Biden. All the documentations of business dealings with even John Kerry’s stepson, were ignored. Then they’ve ignored Rep. Maxine Waters actions for inciting riots and to break the law by ignoring curfew. These are anti America activists pushing a radical Socialist agenda using the Marxist BLM riots. If you read an article by Christopher Rufo, you will understand the underlying, treasonist actions of the Democrat Party to become a dominating party. The Obama/Biden administration used the CRT, or Critical Race Theory to teach FBI, DHS and the Treasury Dept to be less white, or shame them. CRT is being used to hurt white children to make them apologize for who they are, or to Diminish them (Dimmis).It is to cancel culture and history. (Communist Manifesto) Our forefathers fought and many died to make America a land of freedom and opportunity, not a Biden Big Government Socialist nation. Biden did more Executive Orders then any president. Candace and Burgess Owens, Dr. Ben Carson, Star Parker, and Senator Scott have stood against this reverse discrimination, which is causing division.

    Reply
    • Ben

      Eli,
      “ WWG1WGA”!!
      Regarding CRT, you must have a guilty conscious, because this middle aged white guy doesnt feel ashamed of my democratic ancestors actions. Nor do my children. It tells me either you are a guilty racist, or a snowflake.
      From slavery, to redlining, to over policing, this country is racist to its core. But I’m not, so I don’t feel guilty. You must have some serious issues!
      Oh, by the way, WWG1WGA sounds socialist

      Reply

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