OPINION: Prosecutors Give Eric Holder A Home Run Pitch

Most commentators believe the prosecutors who caused a mistrial in the Rogers Clemons’ case knocked our Attorney General down with a bean ball. This is at least the second time in a high profile case, Holder’s Justice Department prosecutors have been called on the carpet for being overzealous. The first was in the trial of the late Senator Ted Stevens where prosecutorial misconduct led to dismissal of the case. In the Clemons’ case, the judge ordered a mistrial because prosecutors disobeyed the Judge and introduced evidence in the trial that the judge had specifically said was inadmissible and could not be introduced.

 

For a complete description of what happened and an analysis of the likely result read Jeralyn Merritt’s column at TalkLeft.com As usual it is excellent and thorough.

 

While most people can’t believe that after all this time and money the case has to start over, and believe his prosecutors have given Holder another shiner due to a “wild pitch.” Holder has a chance to turn this “sow’s ear into a silk purse.” He can call an end to this prosecution and any other prosecutions including the investigation of Lance Armstrong involving steroid use in professional athletics, at least for the period of time when steroid use wasn’t illegal. Prosecutors are  going after high-profile athletes with a zeal and intensity that should be reserved for axe murderers and slave traders. They know what the individuals did, if they did it all, is not illegal, so they go after them for not being truthful to Congress or investigators about investigations that shouldn’t have occurred in the first place. It’s as if prosecutors are saying we know we can’t prosecute you for what we think you did. It is not a crime. So we are going to embarrass you enough in public that we get you deny doing something, and then, we are going to prosecute you for it.  By the way, the only evidence we have that you are lying is because we made a deal with  people who did break the law and are known liars. That’s okay, they aren’t big fish or likely to get me publicity, so we will cut a deal with them to get Mr. or Mrs. High Profile.

 

General Holder needs to say that he is not going to be the puppet of Congress. In Clemons’ case, Former Senator Mitchell did a complete investigation of steroid use in baseball and issued a report. He did not recommend Clemons’ be prosecuted. Why did we waste time and tons of money simply repeating what Sen. Mitchell wrote in his report and then haul ballplayers in front of Congress other than to further humiliate them and set them up for prosecution. If Congress hasn’t noticed we have some problems called unemployment, education, and public health that maybe should be higher on a priority list than whether retired ballplayers used steroids back before they were illegal. That cart is already out of the barn.

 

Step up to plate General Holder, tell the people of this country you will not tolerate prosecutors who violate Court orders, you will not continue to prosecute high profile athletes for denials of doing something that’s not illegal in the first place, you are going to prioritize your department in areas that are of real concern to the communities of this country. When you do so, and you  have the courage and gumption to do so, you will making immense strides to restoring Justice in America.