Gregg Jarrett’s opinion piece reached a stunning conclusion when Jarrett said “The special counsel publicly besmirched the president with tales of suspicious behavior instead of stated evidence that rose to the level of criminality. This is what prosecutors are never permitted to do. Justice Department rules forbid its lawyers from annunciating negative narratives about any person, absent an indictment.”

When Jim Comey announced that he wouldn’t indict Hillary Clinton, he first said that HRC had done some illegal things. Then he finished by saying that “no reasonable prosecutor” would bring charges against HRC. Back then, there were howls from the legal community, saying that the DOJ speaks in indictments. They don’t list things that a person did that were shady but that, in the end, the person wasn’t a criminal. Here’s Comey’s press conference ‘exonerating’ HRC:

Today’s performance by Bob Mueller was Act II of Jim Comey’s disgraceful exoneration of HRC. Mueller included in his report 10 instances of President Trump obstructing justice. In each of those instances, Mueller didn’t make a decision. Notice that I didn’t say that he didn’t indict. I said that Mueller refused to even make a decision.

Instead, in each of these instances, Mueller made the case for and against indicting President Trump of obstruction of justice. Then he essentially said that it was up to Congress to make the final decision. By comparison, when Kenneth Starr issued his report, he noted that then-President Clinton had committed 11 crimes, 6 of which were obstruction of justice charges.

Starr didn’t indict Clinton. He merely told the House of Representatives that Clinton had committed those crimes. Jarrett continues:

How can that person properly defend himself without trial? This is why prosecutors like Mueller are prohibited from trying their cases in the court of public opinion. If they have probable cause to levy charges, they should do so. If not, they must refrain from openly disparaging someone that our justice system presumes is innocent. In this regard, Mueller shrewdly and improperly turned the law on its head. Consider the most inflammatory statement that he leveled at the president in his report.

Again, Mueller’s thinking is out-of-step with the Constitution. The Bill of Rights presumes that a person is innocent until proven guilty. According to Mueller’s thinking, Trump was guilty until he was exonerated. That’s bassackwards and then some.

Everyone is entitled to the presumption of innocence. It is the bedrock on which justice is built. Prosecutors must prove guilt beyond a reasonable doubt. To bring charges they must have, at minimum, probable cause to believe that a crime was committed. The special counsel took this inviolate principle and cleverly inverted it. He argued that he could not prove the president did not commit a crime.

Today is a sad day for the rule of law. Today, a special counsel decided he had the right to ignore the Bill of Rights. Today, a special counsel thought he was Jim Comey’s stand-in.

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