Entrapment

While there is much talk about the alleged “Obstruction” of the Robert Muller investigation [Otherwise known as the “Which Hunt” by 19 angry Democrats] and it’s use as a basis for the impeachment of sitting President Donald Trump, few have pointed up the obvious. Even absent the flat out denial of any obstruction, which Trump has claimed, there would still be no basis for such a charge. This is also why it is important for Attorney General Barr to be able to complete an investigation as to how the whole investigation by Muller was spawned.

The Department of Justice Defines entrapment as follows:

Entrapment is a complete defense to a criminal charge, on the theory that “Government agents may not originate a criminal design, implant in an innocent person’s mind the disposition to commit a criminal act, and then induce commission of the crime so that the Government may prosecute.” Jacobson v. United States, 503 U.S. 540, 548 (1992). A valid entrapment defense has two related elements: (1) government inducement of the crime, and (2) the defendant’s lack of predisposition to engage in the criminal conduct. Mathews v. United States, 485 U.S. 58, 63 (1988). Of the two elements, predisposition is by far the more important.

This is why it is paramount that there be an “Underlying Crime” in most cases of Obstruction of Justice, though by legal standards it is not necessary to a claim of obstruction.  In the, admittedly rare instance, that a crime is manufactured and/or engineered for purposes of entrapment and is later used for a claim of obstruction is not only repugnant to our notions of justice, it is a ludicrous argument.  One can not, by legal standards, have obstructed a crime that was unlawful to begin with. In-fact, one would be expected to obstruct an unlawful activity. Doing so is the core purpose of every law enforcement agency in the nation.

In the case of the TRUMP investigation, a two year extensively investigated crime of conspiracy and coordination [otherwise commonly refereed to as “Collusion”] with “The Russians” , the Special Counsel Robert Muller found that there had been NO such crime. While we have our own theory as to why he concluded such findings [explained below] not withstanding, the underlying crime did not exist and can, by a preponderance of the evidence, be shown to have been a manufactured product of the FBI, any charges stemming from that particular investigation meets the threshold of “Entrapment” and thus is null and void.

In plain and simple language,  Law Enforcement can not “manufacture” a crime,  then charge someone with “obstruction of justice” for failing to, or interfering with, a crime that was unlawfully orchestrated to begin with. That would be like selling someone a car that didn’t exist, then trying to sue them for not paying for it.

WHY MULLER CONCLUDED NO COLLUSION

It is no secret that neither Muller, or his investigative staff, were no fans of Donald Trump. So one might ask why did they reach an conclusion of “No collusion”. It would have been easy to have manufactured some bit of evidence supporting a conclusion of collusion, or conspiring with Russian operatives, which would have been a criminal offense. But such a conclusion would have also triggered the right to “Due Process” of law, meaning the right to discovery…a legal term meaning to look into the evidence in which was relied upon and intended to prove the criminal element. While the American people [those who have been following the case] have seen and heard a lot of factors related to the “Trump-Russia” investigation, there is a lot they have not seen or heard. At least not yet.

This is perhaps why also the Democrat House of Representatives [who have the numbers] will not commence impeachment proceedings and instead want to conduct an “Impeachment inquiry” investigation. Once any sort of charges are levied against the President, his right to Due Process is triggered and thus he is entitled to the full  benefit of discovery. This discovery right might possibly turn up some very troubling issues for the FBI and our nations intelligence agencies….as well as the former presidential administration.

Conspiracy theory?

One has to ask themselves why then, from the leading democrats who have lead the charge for discovering the FULL Muller report with facts and evidence relied upon [Adam Schiff, Nadler, Pelosi, etc] have become so unhinged about President Trump’s declassification of the entire process that lead to the “Muller Investigation” to begin with.  If this was not a clear and apparent display of guilt of conscious then we can not imagine what would be.

Posted in Legal Eagle, Opinion.

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