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What is the federal precedence for intervention in state refusing to enforce rule of law?

Posted on 3/26/19 at 11:17 am
Posted by The Pirate King
Pangu
Member since May 2014
57580 posts
Posted on 3/26/19 at 11:17 am
In this case, a mountain of documented and specific evidence, dropping all charges, expunging the record of Smollett, and sealing the existing court records?

What’s to stop other state governments from doing the same? At some point, a line has to be drawn.
This post was edited on 3/26/19 at 11:17 am
Posted by hogcard1964
Illinois
Member since Jan 2017
10384 posts
Posted on 3/26/19 at 11:18 am to
The Feds will step in and seize all of those records. He's not free of charges.

...and funding may be cut.
Posted by Wildcat In Germany
Metro Atlanta
Member since May 2017
3094 posts
Posted on 3/26/19 at 11:19 am to
MOAR GUB'MINT!!!!!!
Posted by Erin Go Bragh
Beyond the Pale
Member since Dec 2007
14916 posts
Posted on 3/26/19 at 11:19 am to
quote:

What’s to stop other state governments from doing the same?

They're already doing so with sanctuary cities and states.
Posted by Godfather1
What WAS St George, Louisiana
Member since Oct 2006
79612 posts
Posted on 3/26/19 at 11:20 am to
quote:

The Feds will step in and seize all of those records. He's not free of charges.


They should probably have FBI agents waiting to cuff him and take him into custody now.
Posted by CamdenTiger
Member since Aug 2009
62369 posts
Posted on 3/26/19 at 11:21 am to
It’s Chicago, there is no hope of Justice there, unless you are a minority, and then it’s a crap shoot, literally
Posted by Johnpettigrew
Louisiana
Member since Sep 2017
1633 posts
Posted on 3/26/19 at 11:21 am to
Since the State's Attorney is suppose to represent the people of the state, could the "people" take the office to court and force prosecution? Also, if they want people to participate in the judicial process, then you cannot ask them to sit on a grand jury, return an indictment, then drop charges. I understand plea deals and witness' backing out, but to just drop charges is a slap in the face to all who sat on the grand jury.
Posted by Ash Williams
South of i-10
Member since May 2009
18144 posts
Posted on 3/26/19 at 11:23 am to
quote:

Since the State's Attorney is suppose to represent the people of the state, could the "people" take the office to court and force prosecution?


I can't claim to be familiar with Illinois Law, but the "people" can respond by voting this District Attorney out of office.
Posted by TigerB8
End Communism
Member since Oct 2003
9236 posts
Posted on 3/26/19 at 11:23 am to
Well, i guess it might have to deal with whether or not that federal crimes were committed.

In the case of the New Mexico compound, the state screwed up royally. Claimed prosecutors failed to file charges in time so the criminals walked free from prosecution. However, the guns they possessed among other charges were federal violations and the feds then took over the case indicted.
Posted by OchoDedos
Republic of Texas
Member since Oct 2014
33981 posts
Posted on 3/26/19 at 11:25 am to
You basically have a States Attorney that is elected and knuckled to local political pressure. She punted, and she'll be a heroine in the Minority Community, But Smollett still has the Fed's to worry about.
Posted by Jimbeaux
Member since Sep 2003
20105 posts
Posted on 3/26/19 at 11:26 am to
There’s two ways the feds can “step in”.

1) Did he commit a federal crime? If yes, then charge him. If he only committed state crimes, feds can’t charge.

2) Feds could investigate the Chicago DA for a civil rights violation. Was Smollett an exemplar of unequal justice? Obama’s DOJ did it to conservative states based on the ridiculously idiotic notion of “disparate impact” - in other words, no causation needs to be demonstrated.
Posted by Johnpettigrew
Louisiana
Member since Sep 2017
1633 posts
Posted on 3/26/19 at 11:27 am to
Yeah but voting them out could be next year or 5 years from now depending on their election cycles. When there are statue of limitations, waiting to go to the booth is not always an option.
Posted by TheCurmudgeon
Not where I want to be
Member since Aug 2014
1481 posts
Posted on 3/26/19 at 11:27 am to
quote:

In this case, a mountain of documented and specific evidence, dropping all charges, expunging the record of Smollett, and sealing the existing court records?

What’s to stop other state governments from doing the same? At some point, a line has to be drawn.


So you don't understand federalism at all.

State officials can do what they want under state law. If the people of the state don't like it they can vote someone new in. It's not the place of the federal government to intervene in state law matters.

But if he committed a federal crime, the feds can prosecute.
Posted by frankthetank
Member since Oct 2007
2301 posts
Posted on 3/26/19 at 11:28 am to
quote:

What is the federal precedence for intervention in state refusing to enforce rule of law?


Happens all the time in the south. Hundreds of cases where the feds have come in to convict someone the state either wouldn't charge or was acquitted.

This is also the very reason federal hate crimes exist. Feds wanted a way to charge white people in the south that juries wouldn't convict.
This post was edited on 3/26/19 at 11:30 am
Posted by PsychTiger
Member since Jul 2004
98723 posts
Posted on 3/26/19 at 11:28 am to
quote:

You basically have a States Attorney that is elected and knuckled to local political pressure. She punted, and she'll be a heroine in the Minority Community


I wonder if Smollett paid her with a check too.
Posted by GRTiger
On a roof eating alligator pie
Member since Dec 2008
62850 posts
Posted on 3/26/19 at 11:32 am to
I missed all of this. What was the reason given for dropping charges? Gay, black, rich privilege?
Posted by 14&Counting
Eugene, OR
Member since Jul 2012
37586 posts
Posted on 3/26/19 at 11:33 am to
quote:

I missed all of this. What was the reason given for dropping charges? Gay, black, rich privilege?


Prosecutor had a conflict: Friend of the Obamas
Posted by AbuTheMonkey
Chicago, IL
Member since May 2014
7994 posts
Posted on 3/26/19 at 11:35 am to
quote:

Yeah but voting them out could be next year or 5 years from now depending on their election cycles. When there are statue of limitations, waiting to go to the booth is not always an option.



She's up for re-election next year and will face a primary in the spring. The Cook County SA office is a highly contested office, and she was already facing a primary. Cook County is about half white (includes a lot of the inner ring suburbs) and less than a 1/4 African-American.

My guess is that she knows that she won't be running for re-election, and she doesn't care that much about burning bridges on the way out.
Posted by PsychTiger
Member since Jul 2004
98723 posts
Posted on 3/26/19 at 11:36 am to
His prior service to the community.

They literally pulled a reason out of their arse.
Posted by PsychTiger
Member since Jul 2004
98723 posts
Posted on 3/26/19 at 11:38 am to
quote:

My guess is that she knows that she won't be running for re-election, and she doesn't care that much about burning bridges on the way out.


And she was promised a generous “bonus” upon leaving office. Unless of course they were dumb enough to have already paid her.
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