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« Discussing Cheney Civilly | Main | Carry On Up The Gates Of Fire »

Waking Up From the Long Nightmare

The North Carolina Attorney General will announce today that all charges against the Duke Lacrosse players have been dropped.

The office of North Carolina Attorney General Roy Cooper will announce that he is dismissing all charges against three Duke Lacrosse players, ABC News has learned from sources close to the case.

Cooper will announce his decision regarding the case at the North Carolina Attorney General's office in Raleigh, N.C., at 2:30 p.m.

"Cooper's decision follows a thorough review of the case by attorneys in his Special Prosecutions Division," according to a release from the attorney general's office.

The state AG's office reviewed the entire matter from scratch to come to the conclusion.

Meanwhile, you have three young men whose families have spend hundreds of thousands of dollars in attorney's fees and whose lives have been completely disrupted. There will probably be a book deal, etc... to defer some of those expenses, but ultimately you can't get back the life you had before some ambitious attorney general gets it into his head to sacrifice you on that altar of his political career.

Its unlikely that the accused can even sue to Attorney Generals office of Nifong personally since as an officer of the court, he is covered under the doctrine of judicial immunity--or maybe not.

Judicial immunity isn't absolute. The central question is whether Nifong exercised discretion comparable to judicial decision-making. There is an expectation of "reasonableness" in this process, and clearly Nifong has been completely unreasonable in every aspect of this case. The fact that the state AG reviewed the case and laid no charges really hurts any prospective claim by Nifong of a reasonable difference of opinion resulting in his actions.

Personally, I think judicial immunity has to be challenged if for no other reason than to establish a clear bright line for what the Supreme Court has already decided--judicial immunity has its limits. Too many prosecutors are abusing their offices for political reasons and we need to metaphorically shoot a couple to get them back into line.

The attempt to jail Rush Limbaugh on drug charges was pretty flagrantly political, but travi County, Texas attorney Ronnie Earle's jihad against Tom Delay probably exceeds even Nifong's excesses.

About a year ago, the Texas 3rd court of appeals dismissed the charges against Delay--Earle predictably appealed.

Rosemary Lemberg, an asst. DA in Earle's office recalls Earle's single-mindedness on "getting" Delay.

"Ronnie was the only person in maybe a group of six or seven lawyers in a room who thought we ought to go ahead and investigate and look at those things," Lemberg says. "We got sued every time we turned around, we got taken to court over this, and Ronnie was the one who just kept pushing forward with it, and saying 'I'll put more resources on this, just keep hacking at it.'"

Earle participated in the making of a film called "the Big Buy", in which critics rather mildly suggested he is ill-suited for legal work.

Though the film's tone is admiring, the filmmakers allow Earle's critics to suggest that, given the sometimes highly politicized nature of his opinions, he should perhaps work in some field other than law enforcement. "The problem that Ronnie has is that he sees something that he believes is wrong," says Roy Minton, an attorney for one of the organizations investigated by Earle. "If you ask him, when he says, 'They're doing this' and 'They're doing that,' you say, 'Alright, let's assume they're doing that, Ronnie, is that against the law?' He will say it's wrong. You say, 'Well, OK, let's assume that it's wrong. Where is it that it is against the law?'"

The Democrats loved it of course, and hordes of left-wing nuts rushed to defend prosecutorial abuse when it achieved what they considered a desirable political end result. Setting aside the moral retardedness of the left--the country needs a check on these kinds of blatant political prosecutions or we're no better than Russia or a host of third-world countries.

Nifong should get sued and he should lose--big. It won't cure the problem of malicious prosecution, but it will certainly produce a remission.

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