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09-07-2014, 04:12 PM
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Not riding the train
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Join Date: Mar 2007
Posts: 48,544
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Re: Another GOP CROOK bites the dust.
Mark Levin makes great points in this interview.
Quote:
Andrew McCarthy: I Would Not Have Prosecuted Bob McDonnell
Former federal prosecutor Andy McCarthy critiqued the conviction of former Virginia Gov. Bob McDonnell (R) and his wife on Thursday's broadcast of the nationally-syndicated Mark Levin Show. McCarthy criticized McDonnell for questionable behavior but said he would not have prosecuted the case.
"If there was a quo in the quid pro quo, the big thing the guy wanted and that McDonnell was probably in a position to get for him, McDonnell didn't give him and the guy never got. If you asked McDonnell to explain what it was that the guy wanted out of all of this you come away thinking that he didn't really know," McCarthy said.
"If this is considered a quid pro quo, I think there are going to be a hell of a lot of politicians -- this is a federal case, not a state case, so it can apply in any state -- I think a hell of a lot of politicians have to be worried about this," Levin said.
McCarthy explained how prosecuting the case would be "a real stretch" and how he would advise a colleague to approach the matter:
McCARTHY: If I were back doing what I used to do and a young prosecutor came to me and said here's a case that I want to try -- and let's forget about the seedy atmospherics for a while and just stick with the issue -- I would probably tell the prosecutor, 'You know, look, you may technically have an official act in the sense that the governor, you know, letting the guy come to events at his mansion, the Governor's Mansion, and giving him access to state officials that he might not otherwise have had, may be a technical official act.' But you're quite right. In a jury trial, every prosecutor knows a case is going to be tried through a jury. So there is always going to be the difference between technical guilt and can you make the jury feel that this is a guy that ought to be convicted. That would have been a real stretch for me.
McCarthy called McDonnell's actions "unseemly" but difficult to see how it is a federal case.
"It's hard to see how this a federal case, Mark," McCarthy said. "There's no federal interest in it that I can see. In terms of Virginia law, this may be unseemly activity and should have pretty severe political comeuppance attached to it, but as far as a federal felony crime with this kind of quo on a very week quid pro quo scale, it's very hard to see."
http://www.realclearpolitics.com/vid...mcdonnell.html
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