Many Democrats are claiming that the recent indictment of Senator Robert Menendez (D-NJ) proves that the current Justice Department provides equal justice to Democrats and Republicans. Although it is necessary to wait for the evidence to emerge before judgment is passed on this most recent indictment, what appears so far may be closer to equal injustice.
In both the Menendez and Trump cases, prosecutors are engaging in the questionable tactic of seeking to influence the jury before trial. The photographic display of gold bars and cash in the Menendez case is an image that will remain with everyone who saw it. The same is true of the contrived photographic display by the Justice Department of allegedly classified documents spread on the floor. This “show and tell “was produced by the Justice Department and published in virtually every media outlet in the country.
Both show and tells are wrong. Both are intended to prejudice potential jurors and witnesses and to try the case in the court of public opinion before it is subject to the adversarial process to the courts of law. Both come close to ethically impermissible lines. And both should be opposed by all Americans who care about impartial justice for all defendants.
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Two wrongs do not make a right — nor do they cancel each other out. They simply compound the injustices and demonstrate that this Justice Department — and several others that came before it — are willing to violate the spirit if not the letter of the law, Justice Department regulations and legal ethics.
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