Tuesday, March 13, 2018

Should prosecutors be guided or unguided in their pursuit of a defendant?

Should prosecutors be “guided” or “unguided” in their pursuit of a defendant?

I thought it was interesting that Deputy Attorney General Rod Rosenstein defended Special Counsel Robert Mueller by saying he was a “guided missile.”  One criticism of a “special counsel” is that they are “guided” to investigate a particular person.  That was the criticism of Ken Starr when he was guided into the Clintons.  And that may be the criticism of Mueller, especially now that he is questioning witnesses about Stormy Daniels.

Meantime, here in Florida, what will happen with the Florida Supreme Court if Rick Scott runs against Bill Nelson for that Senate seat.  Here’s the AP:
Here’s the problem: If Scott, a Republican, is elected to replace Democratic U.S. Sen. Bill Nelson, he could be forced to step down nearly a week before his term is scheduled to end. That’s because Congress — at least for now — is scheduled to start its 2019 term on Jan. 3 — before a new governor is sworn into office on Jan. 8.

On paper, and looking back at history, that doesn’t seem like a big deal. Three decades ago, then-Gov. Bob Graham left office early because he was elected to the U.S. Senate.

But an early departure by Scott could complicate a brewing legal fight over the makeup of Florida’s Supreme Court. Scott plans to appoint three new justices on his final day in office. If he leaves early, he could lose his window to do that — although his immediate replacement, Lt. Gov. Carlos Lopez-Cantera, also a Republican, could appoint similar candidates.


Anonymous said...

I don't think he was saying that he was guided or unguided in pursuit of a defendant. Mueller has an order of appointment that defines the scope of his investigation. He's "guided" by that order.

Anonymous said...

If only we could hope that guidance would include some ethical restraint. But it seems like the Office prefers to not be responsible for their prosecutors actions, or argue that misconduct even when it rises to perjury before the court, is 'harmless' or not-discoverable due to 'privacy'.