Certainly I was aware of the difference between a civil and criminal matter; I’m chiefly interested…
Rick Fischer
21

Rick. Hello again.

Certainly I was aware of the difference between a civil and criminal matter; I’m chiefly interested in the standards required to institute an investigation on a charge.

Just to remind you: “investigation on a charge” implies a CRIMINAL investigation. Each time you reference the standard I discussed in my piece you’re talking about a CIVIL standard.

You see the problem? Whatever standard is operating that motivated the government to investigate Senator Menendez for a crime is not operating for Clinton/Russia.

“Whatever standard” is not such an elusive thing. Generally speaking, a grand jury may issue an indictment for a crime, only if it finds, based upon the evidence that has been presented to it, that there is probable cause to believe that a crime has been committed by a criminal suspect.

Civil standards are much, much lower than criminal one, and in reality the procedure is so different it’s like comparing apples to oranges. In a civil proceeding, a private individual (usually) files a claim and that claim is either dismissed or the process of discovery begins. The procedure following the the issuances of criminal charges is very different. Thus, I’m not sure why you keep bringing up all these things — they’re entirely unrelated to anything I was talking about in my initial piece.

All you’re doing is listing off ways you think Clinton is corrupt and loosely trying to connect to the legal standard I discussed in my initial piece, you’re obviously not very interested in understanding the true legality of any of these issues. I see you’re trying to make a statement but you clearly do not have a firm grasp on the difference between standards under which criminal charges are constitutionally capable of being brought and the standards by which civil claims are constitutionally capable of being pursued.

The two scenarios you set forth, on their face, seem unfair but recall that in a criminal proceeding on a felony charge, a GRAND JURY is the only entity which can properly issue the indictment. THUS, whatever misapplication of standards you seem to take issue with should be more properly attributed to a failing of the grand jury.

Your issue seems to be with the decision whether or not to bring charges at all in either of these situations and frankly, I don’t know why you’re bringing this up in response to my piece about the federal civil procedure regarding pleading standards.

Rick, I ask that you take your grandstanding elsewhere now.

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