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Menendez Prosecution Endangers Democracy

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Friday, 10 Apr 2015 11:42 AM

By Alan Dershowitz

Whenever a prominent political figure is indicted on charges of alleged corruption, serious questions arise. Is the prosecution part of a growing and dangerous trend toward criminalizing policy differences? Does it endanger the free speech rights of contributors? Will it constrain the legislative branch from serving as a check and balance on the executive?

These questions now are being raised in the context of the prosecution of New Jersey Sen. Robert Menendez, as they previously were in several other ill-advised prosecutions including those of former agriculture secretary Mike Espy, former presidential candidate John Edwards, the late Sen. Ted Stevens, former Congressman Tom Delay, and former Texas Gov. Rick Perry.

The reason these questions arise is not because there is no corruption in government. It is because the laws distinguishing between constitutionally protected political activities and illegal payments to office holders are vague and indeterminate. These laws give prosecutors enormous discretion to determine whether to prosecute questionable transactions. And the courts refuse to second guess prosecutorial decisions even in cases where selective prosecution based on improper considerations seems evident.

Read Latest Breaking News from Newsmax.com https://www.newsmax.com/AlanDershowitz/Menendez-Prosecution-Democracy-corruption/2015/04/10/id/637732/#ixzz3X2TfNw00

4 thoughts on “Menendez Prosecution Endangers Democracy

  1. Thank you Village Blog for sharing this article by Atty. Alan Dershowitz with strong credentials.
    It was good advice for all to consider.

  2. Alan Dershowitz is a bore. He was part of OJ’s dream team. There are all the credentials you need.

  3. To, Prior 347 poster
    his job was to defend his client not to entertain you. You missed the point.

  4. Dom, several (many) juries have rejected his arguments over the years. He then routinely holds press conferences haranguing them for “getting it wrong”. He’s a sore loser and in several (many) cases was a bad lawyer. He’s just just famous, or notorious, however you want to characterize him.

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