Obama, financial war and the elimination of DSK
- 2563 reads
Advertising notice
Conference coverage from 50.50
Articles exploring the themes of the fourth international Nobel Women's Initiative conference May 28-31. Jennifer Allsopp and Heather McRobie will be reporting for 5050
Articles exploring the themes of the fourth international Nobel Women's Initiative conference May 28-31. Jennifer Allsopp and Heather McRobie will be reporting for 5050
Cities in Conflict
Window on the Middle East
Most popular
openDemocracy on Twitter
openDemocracy on Facebook
Our Authors
Lis Howell On broadcasting
Dan Hancox Revel, Riot and Rebellion
Martin Rose Bliss Was It in that Dawn to Be Next Door
Vron Ware Up in Arms
Jim Gabour Sunday Comics
James Warner Standing Perpendicular, as books do
Markha Valenta Inter Alia: religion, politics, culture
Paul Rogers on Global security
Mary Kaldor on Human security
Lis Howell On broadcasting
Dan Hancox Revel, Riot and Rebellion
Martin Rose Bliss Was It in that Dawn to Be Next Door
Vron Ware Up in Arms
Jim Gabour Sunday Comics
James Warner Standing Perpendicular, as books do
Markha Valenta Inter Alia: religion, politics, culture
Paul Rogers on Global security
Mary Kaldor on Human security
Secondary links
openDemocracy Ltd, The Print House, 18 Ashwin Street, London, E8 3DL. Tel: +44 (0) 207 193 0676
Welcome to openDemocracy! We are a digital commons, publishing high quality news analysis, debates and blogs about the world and the way we govern ourselves. More...
Best of the rest:
Arab Awakening | Can Europe Make it? | Drug and Criminal Justice Policy Forum | OurBeeb
About us
OurKingdom works to investigate and illuminate the crisis of democracy in Britain and analyse how its failings can be redressed.
We encourage original debate untrammelled by party political loyalties.
We ask how we as citizens can secure liberty, human rights, self-government and real democracy. ...more on OurKingdom
Links
Team | Debates | Get Involved
Debates
OurNHS | Democratic Wealth |
Rebirth of the Nation? challenging 'global citizens' |

Pick of the debates: Democratic Wealth: building a citizens' economy, edited by Stuart White, uses republican theory to explore ideas around how to democratise the economy. Co-hosted with Politics in Spires, a blog sponsored by the universities of Oxford and Cambridge.
Partners
Polit.Ru | Openspace.ru | Levada Center | Ukraine Analysis | Valdai Discussion Club
Conflict | Culture | Euro2012 | Elections | Environment | Foreign | History | Human rights | Justice | Media | Politics | ProjectID | Religion | Regions | Russian rights at the crossroads | Stories you weren't meant to hear | USSR 20
Countries
Armenia | Azerbaijan | Belarus | Georgia | Kazakhstan | Kyrgyzstan | Moldova | Russia | Tajikistan | Turkmenistan | Ukraine | Uzbekistan
About 50.50
50.50 is openDemocracy's section dedicated to exploring issues of gender equality and social justice at the global level.
We are committed to promoting human rights and inclusive democracy through dialogue and debate. But a global debate without the female half of humanity is neither global nor democratic. With this in mind, 50.50 publishes women's analysis, insight and views on current affairs.
Can Europe make it? is a digital space to debate the achievements and shortcomings of the European project, from an open-minded yet critical perspective.
Don't miss
Esplanade, our Editors' blog
Subterranean Politics (our partnership with Mary Kaldor's team at the LSE)
Reluctant radicals (with Counterpoint)
Oecumene: citizenship after orientalism (with the Open University)

Our debates
German Europe | Europe and the World |
Drifting apart? Europe and Britain |
Europe 2.0 | Tributaries of the right |
Reinventing the left | Elections 2013
Spotlight on...
Cyprus | Italy | Rebuilding Greece |
The Icelandic experiment | Spain and Catalonia
This space is for other not-for-profit organisations of all kinds to publicise your activities and spread the exchange of ideas.
You will be able to link to all your publications, and events anywhere in the world. You will have your own openDemocracy page and all new announcements will be ticker-taped to our front page.
Please contact Jonathan Bowles at supporters@opendemocracy.net if you are interested in joining.
If you're interested in developing editorial projects on openDemocracy, please see our Editorial partnerships page
openSecurity provides a point of interaction between the relatively closed group of people who can be said to have influence on the course of security policy, and the people in whose name they act.

New Test for Computers - Grading Essays at College Level - NYTimes.com
Apr. 07, 2013
The Economics of Evil Google - NYTimes.com
Mar. 24, 2013
Why Valve? The corporation as a market free zone - Varoufakis
Jan. 25, 2013
The most interesting company in tech: Valve — Remains of the Day
Jan. 25, 2013
-
Latest stories from openEconomy
In the months following the start of the Arab Revolutions, articles and analysis poured into openDemocracy from contributors across the Middle East and Europe. Gradually, the impact of Tahrir Square began to extend well beyond the Middle East as democratic inspiration travelled from east to west. Arab Awakening tries to capture that inspiration and use it to help us read a rapidly changing world.
"As students of politics is it is vital to study the power of imagination." -Professor Charles Tripp, SOAS
Columnists | This week's window on the Middle East
Categories: | Revolution | Violent transitions | Constitutional reform | Spring of the 'others' | Geopolitics
Countries: | Algeria | Bahrain | Egypt | Iraq | Israel | Jordan | Kuwait | Lebanon | Libya | Mauritania | Morocco | Oman | Palestine | Qatar | Saudi Arabia | Sudan | Syria | Tunisia | UAE | Yemen

OurNHS a new three-year project, hosted by openDemocracy, dedicated to reinstating a genuine National Health Service in England.
<?php
$section_stories_num = 0;
$section_nids = db_query("SELECT node.nid FROM node, term_node WHERE term_node.tid = 12254 AND node.nid = term_node.nid AND node.status = 1 AND (node.type = 'content' OR node.type = 'story' OR node.type = 'blog') ORDER BY created DESC LIMIT 0,10");
while ($section_nid = db_result($section_nids)) {
if ($section_stories_num < 3) {
$nid_title = db_result(db_query("SELECT title FROM node WHERE nid = $section_nid"));
print '


















It is impossible to
I think the more accurate linkage is the flawed one between head and his pants. This is nothing more than the abuse of power by the political class. It's a story as old as human history itself. No conspiracy required.
The cause of DSK’s downfall
The cause of DSK’s downfall is the nature of the accusation, no matter if it is true or not. Even if he gets acquitted (unlikely after the enormous prejudgement, “perp walk” and everything), the accusation will stick to him. His career is ended in any case.
I note that almost everyone claims to know if DSK is guilty or innocent. In reality there are only two persons who know the truth.
In cases of rape the man has
In cases of rape the man has always been subjected to having his name dragged through the mud, while the woman - who may be making quite spurious accusations - can 'hide' behind the cloak of anonymity. Even after someone is acquitted the woman still retains her anonymity. That is wrong. Same applies in this case.
The woman is not "hiding
The woman is not "hiding behind a cloak of anonymity". She is a victim who does not deserve to be victimized a second time in the press. This is a poor African immigrant woman living in subsidized housing for AIDS patients, who was brutally sexually assaulted. These are facts established by forensic evidence. The rest is speculation. Perhaps you could extend her some compassion and presumtion of innocence as well.
“She is a victim who does not
“She is a victim who does not deserve to be victimized a second time in the press”
How do you know she is a victim?
The warrant for arrest was
The warrant for arrest was signed by a judge, based on a legal standard of "probable cause" as the result of a police investigation which included the totality of evidence, including medical examination, collection of physical evidence (DNA), witness statements, hotel surveillance video, and circumstantial evidence including DSK abandoning his belongings in the hotel, including his cell phone as he fled to the airport.
This establishes sufficient burden of proof to establish that a crime has taken place, including existence of a victim and a perpetrator. Whether DSK is the perpetrator will be determined by trial. But the woman is determined victim by investigation and that has already been done.
How sad that you as a woman would not have greater compassion for another woman who was victimized.
What of DSK innocence ?? You
What of DSK innocence ?? You say 'She is a victim' Really ? Potential victim is more correct. You go on '. . . who was brutally sexually assaulted'. Poppycock. ALLEGEDLY sexually assaulted. 'These are facts established by forensic evidence' Yet more poppycock. Forensic evidence probably makes a case that some sort of sexual activity occurred between the woman and DSK, but it does not establish in any shape or form that this was attempted rape. I don't see much 'presumption of innocence' for DSK.
I have not read the identity of the woman in the UK press, but the situation I described is the case in the UK. Only 6% of rape allegations reported to the Police result in convictions, so 92% of allegations do not have enough evidence to gain a conviction or are spurious. There have been many cases where a man has been accused of rape, had his reputation destroyed (just as you are destroying DSK reputation, such as it is) and upon being found Not Guilty his reputation is not restored and yet the woman walks away with her anonymity entirely intact.
There have been many cases
There have been many cases where a man has been accused of rape, had his reputation destroyed (just as you are destroying DSK reputation, such as it is) and upon being found Not Guilty his reputation is not restored and yet the woman walks away with her anonymity entirely intact
A not guilty verdict doesnt automatically mean that she lied. All it says about her is that she lost her case in court. If the guy believes that she had malicious intent to destroy his reputation, he could always take her to court and try to prove it.
So a Not Guilty verdict means
So a Not Guilty verdict means the man raped her, but she lost her case ? Absurd. A Not Guilty verdict means there was no rape. The man is innocent. If she says he raped her and he said he didn't, and he won who exactly is the liar ??
As to taking her to court , he can't. Her right to anonymity remains. Personally I believe that if the case is lost that right to anonymity should cease and the man should be able to sue her for deformation. And the authorities for malicious prosecution.
Wrong, Owly. A Not Guilty
Wrong, Owly. A Not Guilty verdict means that there is no proof for guilt.
In a typical rape case there are no impartial witnesses, it is “he says, she says”. The case depends on forensic evidence, if any, and on the credibility of both narratives.
An acquittal means that the defendant has the right to be treated as an innocent. The woman who couldn’t prove her accusation has the same right: to be treated as an innocent, unless she has been found guilty of lying in a trial.
There seem to be some illusions of what a trial can do. This is unsatisfactory from many points of view, but there is little one can do against it. I remember that you opposed giving a defendant the same right to anonymity (this doesn’t work if the defendant is prominent, though), but in my view it is important in order to protect a defendant who may be found not guilty.
Wrong, Owly. A Not Guilty
Wrong again. It means the state did not meet its burden of proof to the beyond a "reasonable doubt" level required for criminal conviction. The exact same prosecution case may well meet the "preponderance of evidence" level of proof required in civil trial to sue for damages. The accused could well be criminally acquitted and civilly liable...that's not innocent.
The accused could well be
The accused could well be criminally acquitted and civilly liable...that's not innocent
It’s innocent in terms of criminal law. Full stop.
Once again, at this point in
Once again, at this point in the case we are dealing with levels of proof that achieve specific legal milestones in due process. These have specific legal meanings and there is no such legal term as "potential victim" no matter how much you prefer it.
In order to arrest and charge someone with a crime, you must identify a victim and a perpetrator. The arrest must be based on probable cause, not not mere allegation. The prosecution is made on lawfully obtained and presented evidence at trial. If the jury is not convinced beyond a reasonable doubt, the the accused is acquitted of that speciifc crime.
That does not mean that a crime has not taken place or there is not a victim. It only means the state has failed to prove its case on this specific crime beyond a reasonable doubt for this specific accused perpetrator.
Owly, You are describing
Owly,
You are describing trial by media, not trial by the judiciary. And the prosecution in DSK’s case obviously supports that procedure by a PR strategy that is prejudging. They claimed DSK had a history of rape when in reality he had one of womanising. Does this prosecutor know the difference between rape and adultery, I wonder? And then that parading a handcuffed accused with the justification that only people who have committed a crime are treated in this way. How can the trial still be fair after this prejudgement?
Here is some fun.
Here is some fun.
In all your "fun" try not to
In all your "fun" try not to forget there is a real, suffering victim here. She may not be so glib about the whole matter.
The song doesn’t make fun of
The song doesn’t make fun of the woman. Perhaps you should just listen to it. There are some political implications to this criminal case which may have escaped you.
You are right that there is a real, suffering victim here. We just don’t know if it is the woman or the man. Both is possible. Unlike you I am not convinced of DSK’s guilt at all. You are rather consistent in your disregard for the presumption of innocence and due process, I must say. What makes you so sure that DSK’s guilt already is established?
The song doesn’t make fun of
You're right. It doesn't even mention her. That's the point. In the attempt to satirize the politics of the situation, the victim is ignored. Hence my reminder there is a real victim here and keep that in context with your glib handling of the DSK affair.
What makes you so sure that
I never said it was.
What is established is sufficient evidence for arrest and prosecution, which is also part of due process. Legal thresholds must be met for issue of a warrant and prosecutions must be based on legally obtained and presented evidence.
Included in that prosecution is presentation of his long history of sexual misconduct, including other allegations of sexual assault which establishes a pattern of behavior consistent with the current allegations. Guilt for this current crime will be established (or not) at trial.
Momo: "Unlike you I am not
Momo: "Unlike you I am not convinced of DSK’s guilt at all."
Yes...clearly the actions on behalf of an innocent man.
If true, bad marks for DSK’s
If true, bad marks for DSK’s friends. It doesn’t establish DSK’s guilt though. I don’t claim that he is innocent, by the way: I maintain consistently that only two persons know and that is DSK and the hotel maid. You sound as if you had been hiding under the bed, or why are you so sure your version is true? Did you meet Roger there, who is equally sure of his version?
You don't get the difference between not being convinced of someone's guilt and being convinced of his innocence.
Mike, The warrant for arrest
Mike,
The warrant for arrest was signed by a judge … This establishes sufficient burden of proof to establish that a crime has taken place, including existence of a victim and a perpetrator. Whether DSK is the perpetrator will be determined by trial.
Nope. You are fundamentally wrong.
The judge signed a warrant, because there is evidence to reasonably suspect that a crime has taken place. It is perfectly possible though that no crime has taken place.
If there was the crime of rape committed in that hotel-room, there is no doubt that DSK is the perpetrator, by the way. Nobody claims there was a third person present.
The evidence that has been brought forward is far less unambiguous than you claim.
How sad that you as a woman would not have greater compassion for another woman who was victimized
You cannot know if the woman was victimised. It is possible (though not certain) that she is a perpetrator in the crime of accusing an innocent of a crime that never has taken place. I as a woman am perfectly capable of having compassion with every victim of a crime, regardless of their gender.
You're right. It [the song] doesn't even mention her. That's the point. In the attempt to satirize the politics of the situation, the victim is ignored.
We don’t know if she is the victim. In an ongoing investigation (the result of which should be completely open) she is entitled to protection and to be left alone. The song does that. It is entirely about the political and economical implications, and this is legitimate. I even find it more thrilling than the criminal case itself.
Included in that prosecution is presentation of his long history of sexual misconduct, including other allegations of sexual assault …
When the warrant was signed there were no other allegations of sexual assault. There was his long history of “sexual misconduct” only, and this is legally completely irrelevant: adultery is not a crime, and doesn’t make anyone predisposed to rape. Calling it “misconduct” is a matter of your personal opinion, but not something the prosecution should consider.
Like Roger you claim to know who is the victim and take sides (different sides though).
You make too many false
You make too many false assumptions in your "knowledge" of American Law.
No. To get a warrant based on probable cause, you must be able to reasonably prove a crime has taken place and identify a specific accused to be named in the warrant. Otherwise, you have no one to arrest.
Wrong again. This is not my opinion; it is American law.
The history of sexual misconduct is a NOT factor in the arrest warrant. It is a factor in the prosecution's case if it establishes a pattern of conduct that supports the act alleged in the crime. For instance, if he has a pattern of attacking specifics types of victims in similar ways, the judge could allow it under New York law. However, the burden of proof is on the Prosecution and its likely not an easy task as it would be under Federal Law.
If he was charged with a financial crime for example, his history of sexual misconduct would be irrelevant and inadmissable.
No. To get a warrant based
No. To get a warrant based on probable cause, you must be able to reasonably prove a crime has taken place and identify a specific accused to be named in the warrant. Otherwise, you have no one to arrest.
If what you say about American law is true, any allegation is indeed the same as a conviction. Then it is about time to remove all international organisations from that horrible country and to warn all travellers.
You are saying that a defence is impossible: even if it emerges that there was no sexual assault at all or that there was consensual sex, it doesn’t matter: you say by issuing a warrant the existence of a crime was proved.
I am horrifed. This has nothing to do with justice or even any pretence of justice. It is completely arbitrary.
The history of sexual misconduct is a NOT factor in the arrest warrant. It is a factor in the prosecution's case if it establishes a pattern of conduct that supports the act alleged in the crime
In the civilised world sex is not a crime, if it is consensual. And this is exactly the “history of sexual misconduct” DSK is known for. All reports of sexual assaults are very new and unproven. The only thing that is established beyond doubt is that DSK is an adulterer, which the American religious right doesn’t like.
Now you say that this will be used to “prove” an allegation of rape, and this was American law! And don’t start the usual anti-Americanism whining now. YOU said this was American law, not me.
I don’t think that with DSK
I don’t think that with DSK as presidential candidate Sarkozy the Atlanticist neoliberal or Le Pen the fascist would have had a chance. And then there is the general policy of the IMF to consider, and especially that of the IMF in the Eurozone. Black Swan indeed. And this is independent of the question whether DSK is guilty or the victim of a conspiracy.
If what you say about
This must indeed be a language issue, because nothing could be further from the truth. A warrant requires MUCH more than a mere allegation. It is based upon affidavits (sworn statements) of the the relevant evidence collected that supports a specific crime and specific perpetrator.
Not true. There was a previous sexual assault that was covered up because her mother and DSK were big wigs in the socialist party. The victim referred to DSK attacking her like a "rutting chimpanzee".
Iron Mike; Speaking of sex
Iron Mike;
Speaking of sex and bad publicity, Ex-Governator Arnold Schwartzenegger has acquired a new title:
The Spermanator
It does however, explain his
It does however, explain his attraction to the Kennedy clan. He is certainly a kindred spirit.
A warrant requires MUCH more
A warrant requires MUCH more than a mere allegation
You said it required proof that a crime had taken place, remember. Which implies that a defence of debunking this point was inadmissible. And, YOU said that, not me.
There was a previous sexual assault that was covered up because her mother and DSK were big wigs in the socialist party
Unproven so far. And this accusation only came AFTER the warrant was issued. In the beginning the “history” was DSK’s affairs, and this is an outrageous attempt to criminalise sex as such.
There are many features of the case that sound simply fishy. For instance, in a hotel with a fairly modern system of “keys” by plastic card, a hotel maid can’t open the door if the guest is in the room. I don’t want to list everything that raises more questions than answers, because I don’t want to argue for either side. What I am saying is that both your and Roger’s positions are dead wrong: everything is possible in this case. I am amazed at the degree of prejudgement and it is outrageous that this is not only done by the press, but by the prosecution too.
The only thing that is clear (because it doesn’t depend on guilt or innocence): DSK’s career is finished by the mere accusation. No proof needed for that part of the story. And this makes this accusation perfect for a conspiracy.
You said it required proof
To clarify for you..."Proof" at this point in due process (warrant for arrest) refers to "evidence" a crime has taken place by a specific person with a specific victim (person or state). There is no defense prior to arrest; you must be charged before you can defend. Defense attempts to debunk evidence is offered at trial or in legal challenges pursuant to pre-trial discovery motions.
Yes, unproven so far. So what? His history was not evidence used to obtain an arrest warrant. It "may" be used at trial to establish a pattern of behavior. That has yet to be determined by the trial judge because the trial has not yet begun. But many legal experts expect the prosecution to try as was successfully done in the Marv Albert case.
And you know this for a FACT in THIS particular hotel? More idle speculation on your part. From the NY Times.
In your attempts to tell me
In your attempts to tell me that I had no idea of what American law is you seem to have forgotten where our main disagreement is:
She is a victim who does not deserve to be victimized a second time in the press. This is a poor African immigrant woman living in subsidized housing for AIDS patients, who was brutally sexually assaulted. These are facts established by forensic evidence. The rest is speculation.
This interpretation of the evidence is supported (but not established) by forensic evidence. Enough for an arrest warrant to make sure that the accused is there for the investigation and trial, but not enough for your demands of acknowledging the woman was the victim and DSK guilty. You are the one indulging in speculation. We don’t know if she is a victim.
By the way, the amount of evidence necessary for a warrant (and as opposed to a guilty verdict) is pretty much the same here. I am probably more aware than you where the differences between the American (or Anglo-Saxon) legal system and the continental European one are. In this point (the amount of evidence) and in the presumption of innocence there are no huge differences. The legislative process is different, and so is the procedure of a trial and the role of the prosecutor, but not questions of evidence or the weighing of evidence.
Yes, unproven so far. So what? His history was not evidence used to obtain an arrest warrant.
But it was used (by the prosecutor) towards the media in order to influence the public opinion (including the jurors). It fits with the absolutely disgusting “perp walk”: intended to prejudge the defendant, and considered inhumane treatment here.
My concern is not if the warrant was justified, my concern is with everything that is a risk for a fair trial. Additionally I am interested in the limits of justice by trials, that’s the point Owly raised.
"In your attempts to tell me
Actually, I'm quite sure you have an idea of what American law is. Unfortunately, not all your ideas are correct or complete. I'm just graciously filling in the gaps for you and you're quite welcome.
You are half-correct. There is not enough evidence in the arrest warrant to prove guilt, nor does there need to be. There has to be enough to bring it to trial, which it does.
You are also half-wrong. The evidence which is sufficient to warrant arrest and charge an accused, is also sufficient to establish a victim of the crime. You cannot charge a crime without a victim, even if the victim is the state itself. That does not preclude the victim's credibility from being impeached at trial. But at this point in due process, a victim is established and she is it.
Then you've presented no evidence to support such a concern, only your speculation. Any public opinion polls suggest otherwise? The publicity alone does not preclude a fair trial. The Voir Dire process assures a fair trial or the defense can petition for a change of venue or a judicial panel in lieu of a jury if allowed by state law. My experience is in California and Federal law, not New York. There are likely to be minor differences.
You notice that you are
You notice that you are taking one side all the time, don’t you? You deny that it is perfectly possible that DSK is the victim of a conspiracy. You are making the same mistake as Roger, who claims that this is clear.
The prosecution is feeding the press with exactly the same notion: establishing DSK’s guilt before a trial has even started. All the world has seen the prejudging pictures and has read the insinuations. Appalling. I would even find it beyond the pale to parade a convicted man in that inhumane and humiliating way, but in this case it is done in order to blow up the presumption of innocence, which is even worse. It is not only a matter of finding a jury. Every participant in that trial is steered in one direction.
It is damaging for both sides, by the way. The defence will be forced to take their argument to the public too. If this woman is deliberately lying, she has deserved that, if not, it will be hell for her. Blame the prosecutor, they have set the tone. You can’t say that this method helps to find the truth.
You notice that you are
What I notice is the side I consistently support is that of law, evidence, and criminal procedure. I have consistently corrected your errors of fact, law, and procedure.
Yes, I deny that it's "perfectly possible" the DSK is the victim of a conspiracy. I also deny the moon is made of green cheese for exactly the same reason--there is no evidence presented to support it.
It's kind of funny to see you parse all the evidence in the case against DSK and fail to apply the same level of scrutiny to the far-fetched conspiracy theories. You must be part French--they DO love their conspiracies! They are so much easier to accept than the reality of his failing as a human being and a sexual predator whose hubris was built on years of abuse of his power and privilege.
You can present all the motives and theories you want and the sum total is nothing more than idle speculation about conspiracy and about who is leaking information to the press and why.
They are so much easier to
They are so much easier to accept than the reality of his failing as a human being and a sexual predator whose hubris was built on years of abuse of his power and privilege.
The French have a different attitude to sex and sexual peccadilloes than Anglo-Saxons do. In this case all we have are the allegations of the chambermaid and these allegations are yet to be tested in open court. He may indeed be guilty, but she might be a lying bitch on the make.Mike,While I appreciate your
Mike,
While I appreciate your persistence, I again wonder why you bother. It's not as if you are going to convince the Momester to forego twisting facts. If it hinders her ability to criticize the United States, we all know she's going to ignore logic. It makes no difference if twisting, exaggerating, and ignoring the logical "big picture" puts her in the same corner as extremists and conspiracy wing-nuts. As long as she can say, "US baaaddd. US eeeevil," she's a happy camper.
Ah, now even insisting on a
Ah, now even insisting on a fair trial and the presumption of innocence is “anti-Americanism”. I’ll leave you to your racist speculations about the opinions of the French and the “part French” then. And don’t forget to congratulate each other on your anti-Nazi stance while you celebrate the elimination of justice.
For me, that was that.
The prosecution is feeding
This entire paragraph insinuates that a "fair trial" is impossible. That the United States is incapable of conducting a fair trial because the American justice system is inherently flawed. That is patently false. But, simple logic seems to elude you. Or, you intentionally ignore facts in order to castigate the United States (sort of your own mini-conspiracy).
Pick your own little petty factoids and exaggerate them all you want. Frankly, I don't give a damn.
It wasn’t my only post on
It wasn’t my only post on this thread, Alan. I never said “the United States is incapable of conducting a fair trial because the American justice system is inherently flawed”. I said something about a typical rape case.
It is entirely YOUR decision to treat everything as a case of nationality. It is the only thing you can think of. Your problem, not mine.
Since I wrote these posts you object to yesterday, this was what was at the back of my mind. Something from the people who don’t matter for you, or in Mike’s words: “largely irrelevant”.
http://www.guardian.co.uk/world/2011/may/31/german-tv-weatherman-acquitted-rape
It is entirely YOUR
Bullshit. You made it "civilized, fair, European" versus "inhumane, unfair, American" systems, not me. Your problem, not mine. You just ignore it, along with facts.
(By "...here", I can only assume you mean Europe, or Germany. And the US system differs by tolerating "inhumane treatment.") You made it about nationalities, not me. Not that I'm surprised. I'm certainly not, in fact. Just another in a long line of "you people suck" comments I've come to expect from you.
(By "...here", I can only
(By "...here", I can only assume you mean Europe, or Germany.
Right.
And the US system differs by tolerating "inhumane treatment.")
The US system definitely tolerates this sort of inhumane treatment, which is illegal here. We can debate what the European equivalents are, if a prosecutor wants to influence the public opinion (there are some, in my view), but I guess you aren’t interested anyway, because it concerns “largely irrelevant” people, who disgust you in any case.
Just another in a long line of "you people suck" comments I've come to expect from you
Your expectations are entirely your own, nothing to do with my posts.
As long as she can say, "US baaaddd. US eeeevil," she's a happy camper
Apparently you deny that detainees are treated inhumanely in the US. Apparently you deny that the US are bad and evil. Have you any ARGUMENTS, or is stopping people from speaking up the only thing you want?
Apparently you deny that
No, I am not going to argue with you. It would be as futile as putting lipstick on a pig. A complete waste of my time. And, lack of response does not imply agreement. I have to get back to work today. I have a life. Too bad you don't.
I have a life. Too bad you
I have a life. Too bad you don't
No arguments then. Plenty of snide remarks though. That’s the life you mean, I suppose.
Evidently, Italy does not
Evidently, Italy does not share your belief that showing a suspect in handcuffs, doing the "perp walk," negates a fair trial:
http://tinyurl.com/3e6g6cl
nor does Britain:
http://tinyurl.com/3s8yp58
nor, apparently, does Germany:
http://tinyurl.com/3l4xrnx
But, why would I expect a few facts might stand in the way of your calling the US "inhumane"?
In Germany a suspect gets
In Germany a suspect gets handcuffed if he has tried some trouble at or after the arrest (which DSK has not). In that case pictures showing him in handcuffs can be published. Not every judge allows taking pictures in the courtroom, though, and detainees are taken as directly as possible to the courtroom, not paraded outside. In France publishing the pictures would be banned completely (they have a jury in their trials).
Who says DSK was "paraded"
Who says DSK was "paraded" outside? Journalists were all over it because of who he is and the nature of the allegations, not because police or prosecutors were intentionally "parading" him for the cameras. It's part of having a free press -- you take the bad with the good.
And of course there's an assumption of innocence. Mike's merely pointing out that the standard of evidence to obtain a warrant and to bring the case is high, and rightly so. Not enough evidence? Then you have no prosecution. The fact that he is being prosecuted merely means prosecutors were able to convince a judge that there was enough evidence to proceed to prosecution.
And very few courts in the US allow video or photo to be taken inside courtrooms while trials are in process -- it's why you see so many artist's renderings.
Momo,as this case is
Momo,
as this case is apparently about to crumble I thought it would be interesting to reread this thread, and it was. Your criticisms of the American legal system were apparently well founded, and the American legal system is going to walk away from this looking quite badly I'm afraid, as it should.
I think there is a tendency of Americans to always think they have the best 'everything', in this instance the best legal system, but how they can arrest a potential Presidential candidate, humiliate him in front of the world, and then throw him in Rikers Island on such flimsy evidence is appalling. I think it is the American legal system which is now humiliated in front of the world.
Good on you Momo!
Your criticisms of the
Actually, the American legal system is working quite well. It is a process designed to uncover the truth, protect the rights of the innocent and bring the guilty to justice. DSK was not imprisoned without bail or trial as might happen in many countries. He had legal representation and access to counsel. The truth will come out and if DSK is innocent, he will be freed. That's not humiliation for the American legal system; it's vindication.
If you are happy with the US
If you are happy with the US legal system in the case of DSK, then clearly you have very low expectations of justice in your country. In the developed world, we have actualisation of concepts such as "innocent until proven guilty" [read: do not handcuff, humiliate and otherwise mistreat persons initially suspected of a crime; or, do not parade them unshaven before tv cameras to make sure that future jurors will convict them]; the idea of "proportionality" [read: justify all responses as appropriate, For example, was it correct to drag from a plane a man who should have had full diplomatic protection as he was trying to solve global financial problems at a time of economic crisis, on the say-so of a chambermaid?].Or the principle of fair trial? etc etc
We also expect people in the system to use their brains a little. I saw many Yankees express the opinion that "she had no reason to make it up, the poor woman was assaulted and we have to believe her". So, apparently, in the USA nobody ever lies or makes up crime reports in order to make money? Give me a break: the US is more corrupt than most European countries concerning money making!
So Mr Yankee Doodle Dandy, feel free to keep your legal system. If you think such minimal standards are sufficient for you, I guess you will not complain if you are treated as badly (or worse, maybe) as DSK.
In the developed world, we
The "developed world"? Ah...the arrogance of the Eurotards. Here in the backward colonies, we have actualization of such concepts as no one is above the law, including the savior of the hopeless EU. And we have due process where the rights of the accused and the rights of the victim are both protected. If the system were so hopelessly biased against DSK, then he would still be incarcerated instead of being released from house arrest. The system worked.
So yes, I'll keep my legal system just as it is thank you very much.
Post new comment