An attorney, who will remain anonymous for the time being, has slapped me back to reality. This is what the gentleman says about Scooter Libby’s legal dilemma:
“David, what lawyers understand is that even strong criminal cases for the defense remain a crapshoot based on a number of factors, particularly the composition of the jury pool. Despite the transparent nature of the prosecution of Libby, he could be subjected to a very bad jury pool for him in Washington, D.C. Similarly, I never thought that the prosecution in the Nigerian Barge case would ever be able obtain convictions against the Merrill Lynch defendants in that case, but they did. Accordingly, the power of the state to win even weak cases is another reason why the principle of prosecutorial discretion is so important to our criminal justice system.”
Let’s be blunt: Scooter Libby might have to worry about racist black jurors out to get a white Republican. Only a lynch mob could find him guilty in a court of law. In most areas of the country this case probably would not even get to a jury. Yes, racism is alive and well in Washington, DC. There’s no sense pretending otherwise---and it has nothing to with white people victimizing Afro-Americans!
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