One thing that military commanders are sensitive to is the concept of “command influence” in criminal matters. Best I can tell (I’m not a lawyer), it’s one of the easiest ways to get a slam-dunk court-martial case thrown out or set aside.
But apparently the rules in Missouri must bere very different. The “esteemed, wise” governor of that state, Jay Nixon, has publicly said that “a vigorous prosecution must now be pursued” in the Ferguson shooting case.
Now, as I said above – I’m no lawyer. But it seems to me that that statement fits the dictionary definition of one that is “prejudicial” to the investigation. That is, it’s a statement that shows someone in authority has already determined the desired outcome of the investigation, and is blatantly attempting to influence the outcome.
I wasn’t at the site of the shooting, so I don’t know what happened. That’s for an investigation to determine – a fair and impartial investigation.
But last time I checked, the same is true of Governor Nixon. So, tell me: why is he publicly calling for a “vigorous prosecution” of a case that hasn’t even been freaking completely investigated yet, or brought before a damned grand jury?
Frankly, this smacks of the old Soviet-era “show trial” mentality. As in, “We don’t give a flying f**k if the guy is actually guilty or not; we’re going to convict him for political purposes anyway – justice be damned”.
If the cop involved is found to have committed a crime, he should indeed be tried and – if found guilty – do time. But at this point, the best I can tell nothing has yet determined regarding whether a crime was committed. In fact, accounts emerging appear to points to the conclusion that the cop just might be telling the truth about what happened. Or perhaps not.
Bottom line: right now we just don’t freaking know the score. And neither does Governor Nixon.
We don’t need Governors decreeing the results of legal investigations a priori, or trying to pressure prosecutors or investigators into conducting prosecutions for political purposes. Ditto the US Attorney General’s office. Allegedly, this country operates under the rule of law – not according to the whims of those in power.
Rule by fiat and politicized justice was the kind of sh!t went on in the Soviet Union, Nazi Germany, and in Mao’s China – as well as numerous other communist and non-communist dictatorships throughout history. It was wrong there and then; it would be even worse here and now, since we (the US) purport to obey the rule of law – and claim that justice should be blind.
(PS – if you’re wondering what might possibly be Governor Nixon’s political motive here, check out the first linked article. It identifies Govern Nixon’s political affiliation.)