Expert Analysis on Steve Bannon: “He Faces Essentially the Same Odds in New York as He Would Have Had Under the Soviet Judiciary”
Today’s announcement that Steve Bannon is being indicted by the Southern District of New York for a variety of ‘fraud’ accusations related to fundraising for “We Build the Wall” is causing some, such as the Biden campaign chair, to barely contain their glee, commenting to USA Today that “no one needed an indictment to know that Steve Bannon is a fraud.” More accurately, though, is that few need to read the indictment to know that the politicization of the DOJ by elements of the radical left has been its own long-running fraud.
Indictment Link: https://www.npr.org/2020/08/20/904255171/read-the-indictment-against-steve-bannon
USA Today link: https://www.usatoday.com/story/news/politics/2020/08/20/ex-trump-adviser-steve-bannon-charged-build-wall-fraud-scheme/5615675002/
A good friend of mine, a former employer, Congressman Steve Stockman received a federal ten year prison sentence for crimes he did not commit, in a trial that was a circus. He received horrible legal counsel at trial, because most federal criminal defense attorneys are not prepared for a political trial. Similarly, Gen. Michael Flynn pled guilty on the advice of counsel to crimes he did not commit due to a setup that uncovered notes now revealed was instigated by former President Obama while in office, and he struggles now simply to have the charges dismissed even though the prosecutors are on his side. The federal judicial process is so broken for defendants caught in its web, that it often seems to even the innocent that the only option is to accept any plea.
The plea rate in federal criminal cases is 95%, the conviction rate for the few cases that go to trial is similarly around 95%. The conviction rate in the Soviet Union was only four points higher.
During the Stockman trial I saw the federal prosecutor’s tactics up close. I saw them threaten people to comply with their demands to testify or else they would face prosecution. When witnesses wouldn’t comply, they called the Sheriff on their spouse when they weren’t home, to ask them to investigate fake ‘child endangerment’ claims. I knew people who had years of tax problems that mysteriously went away once they testified the right way. These are the tactics they deploy regularly to get the testimony they want, guaranteeing the sky-high conviction rate.
As an attorney I regularly interact with people who have varying degrees of knowledge about the law. Many know that specific crimes have specific elements, that have to be met before you are guilty of a crime. You can’t be guilty of an assault if there was no contact and someone didn’t perceive the threat, for example. But for federal fraud, interestingly, there are no elements. Federal fraud also has no model jury instructions, because courts want prosecutors to have the flexibility to capture complex schemes. The effect of this fluidity, then, is to empower prosecutors who want to go after someone for political reasons, to have the disposable catch-all law to do it with, since federal fraud effectively becomes any financial transaction that federal prosecutors don’t like.
https://www.thegatewaypundit.com/2020/08/expert-analysis-steve-bannon-faces-essentially-odds-new-york-soviet-judiciary/