Why does Jesse Jackson, Jr. need a lawyer?

[question everything]

He and his wife were interviewed - don't remember on which network - and the host mentioned how expensive the legal defense will be and I wonder why he needs one. Or even whether, while Blago is really repulsive, whether he committed any crimes.

I think that it would be quite acceptable if Obama had an input for his replacement. No doubt, Biden had the same. And, in the world of politics, I think that it is acceptable, when talking about a candidate, to mention his or her fund raising skills.

And Blago just talked about how he wanted to make money. He did not nominate anyone and no one can prove that there was a pay for play.

This is really sad that public figures have to go hire a lawyer when someone says something about them. Remember in the West Wing how all of them ran to hire a lawyer when it was found out that the President suffered from MS and kept it a secret?

[AllentownJake]

1. Well seeing that he's been named as someone who works for him possibly offering a bribe

to the Govenor. It would be prudent to hire a lawyer.

[Clio the Leo]

2. To protect his legal rights. There's nothing wrong with it. NT

[napi21]

3. Any time your name is included in an inquiry, you should get a lawyer.

I hate that idea too, but look at the trouble dimwit Stevens got himself into by "handeling things himself"! I don't think Jesse did anything wrong, but some of his "friends" could have caused trouble for him.

[question everything]

6. But how do you prove a negative?

That you did not offer a bribe? Like stopping hitting your wife, or prevented terror attacks on this country?

It is up to the prosecution to prove guilt beyond a reasonable doubt and if you have done nothing wrong you should not end up in huge legal expenses.

[napi21]

16. Welcome to our legal system, my friend. I don't agree with it either,

but that's the way it is. I wouldn't have any idea how to change it either!

I also suggest you disregard the "Innocent till proven guilty" tale. THAT is only for the courtroom. Someone can be caught red handed, similar to the Ill. Governor and his taped conversations, but still be found innocent in court for a variety of reasons, but we, the public still know he's guilty of attempted bribery. THAT's the innocent till proven guilty law.

The only way I can see Jesse being completely exonerated is if the "friends" who held the fund raiser for him, and then went to persue his appointment to the Senate come forward and state that they were operating completely on their own without Jesse's knowledge. Even then there's no guarantee people will believe it.

[Hanse]

4. Why do you need us to answer this question?

Do you really not understand basic matters of law?

[acmavm]

31. Try not to be such an ass. Someone doesn't understand something

they should feel free to come here and ask and discuss. Everyone can't be the genius that you must be.

[murielm99]

5. Hiring a lawyer does not mean he is guilty of anything.

He needs to be able to protect himself. The media will tear him to shreds, and the republicans will find the tiniest thing to use against him.

Also, sometimes politicians need to be sure they know the laws before they speak or act. They need to be sure they are not violating any ethics laws when they form coalitions, appoint people, or create a power base.

I believe that the only reason to create a power base is to govern more effectively. But modern politicians have to raise money to run for elections. They need to find others who can help them raise funds. They have to know how to do this legally.

If some local Democratic politician appoints me to a board, and later asks me to buy a couple of tickets to his picnic or chicken dinner, I will probably do it. I support Democratic candidates anyway. But if he tells me that he will appoint me if I raise $30,000.00 for him, forget it.

I try to do business with Democrats as much as possible, too. If there are two printers, or two restaurants in my area of equal competence, I will go to the Democrat's business instead of the republican's. But I can't expect anything in return for it.

I think Jesse will be fine. I am glad he is standing up for himself. We need more of that.

[merh]

7. If you "lie" to the federal investigators you can be charged and

if convicted, sentenced to a 5 year term.

A "lie" can be confusing a date, forgetting a date or a telephone conversation or even forgetting that you talked to someone during a brief conversation on the street.

At this stage of the game, if I was a lawyer to any who could be involved in this (if I was a lawyer), I'd tell them not to talk to the feds without a subpoena and me present and the conversation taped for our benefit. I'd also NOT let them testify to the grand jury without a subpoena and I'd be on the other side of the door. They need to come to me with each question.

You'd be surprised at the number of folks "tripped" up during interviews and that being used against them.

[question everything]

9. Scary. But I can see your point (nt)

[merh]

10. I'll give you a perfect example of that happening.

U.S. District Judge Walter Nixon was accused of taking a bribe to use his office to get some guy off on some charge or some such nonsense. He, along with the county district attorney, were supposed to have some deal going and a crazy old business man went to the feds and complained about them. At the time, Nixon was considered one of the most powerful dems in the state.

Feds were pissed at Nixon for awarding "too much money" to the family that owned the barrier island being taken by the government via eminent domain. The feds were sure he had taken some cut for the high award. The feds failed to call any witnesses to refute the family's experts relative to the price of the island so Nixon only had the family's experts to go by when deciding the value.

So the feds investigate Nixon and the county DA. A grand jury was empaneled and Judge Nixon got wind of it and made two huge mistakes. He hired a civil lawyer to represent him (never hire a civil lawyer to give you advice on criminal law, especially in federal court) and he volunteered to go before the grand jury to "clear his name".

Well, after his testimony, the grand jury indicted him on the bribery charges and for lying to the them, they charged him with perjury because apparently he forgot about some meeting he had with the DA.

Trial was had and Nixon was found not guilty of the bribery, the other substantial charges tied to the bribery, but he was found guilty of lying to the grand jury.

He was impeached by Congress, removed from office, lost his federal retirement and served time in federal prison.

If he had never gone before the grand jury, he never would have been convicted. If he had hired a criminal lawyer that lawyer would never have allowed him to appear before the grand jury. You don't give the feds anything that can be used against you. 5th amendment rights are precious, you don't have to incriminate yourself and with laws on the books that lying to a federal agent is a felony, well hell - you just don't take the chance.

And yes, it is scarey as hell. :scared:

[Douglas Carpenter]

13. as you are indirectly pointing out, prosecutors are judged by how well they get convictions

thus the American legal system creates an alternative universe where actual intentions of the accused along with intentions and spirit of the law might frequently take second place to anything that might be useful to a prosecutor in getting a conviction, any conviction.

This is not just true in politically charged cases, but in rather ordinary and mundane apolitical criminal cases.

My brother who has done a lot of pro bono criminal defense work, tells me that many a life has been ruined when an person under investigation takes it upon themselves to try to just talk things over with the police or prosecutors or explain themselves to a grand jury.

[merh]

15. Sadly, your brother is correct.

And I am glad you pointed out the need for the conviction - prosecutors are rated and the conviction rates must be high to move up the ladder and to get the "good" cases (not the mundane stuff) and to keep their jobs.

The majority of prosecutors forget the oath they took - to acquit the innocent as well as to convict the guilty, to see that justice is had.

Federal criminal cases are much more complicated than state cases, they are difficult to defend because the federal bench has no problems with trial by ambush. The defense is at a disadvantage from the get go.

[Vattel]

20. My wife's thesis advisor

is now in prison for murder because, being innocent, he let the police interview him for hours concerning the murder of his ex-wife. They used the videotape of that interview to bamboozle the jury into thinking he was guilty. Same old shit. The interview went into the wee hours of the night and naturally he forgot a few things, made a few odd remarks, etc.

[question everything]

29. This is horrible. Of course we've heard of many cases where

others confessed to a crime for which someone is sitting in prison, even on death row, yet the prosecutors refuse to re open the case. And the courts refuse to order a new trial.

[AllentownJake]

28. Yep

The minute a cop or a prosecuter wants to talk to you say not without a lawyer. Legally they can't ask you any more questions till the Lawyer is present.

[ananda]

8. JJ is a "target" in Fitz' investigation..

.. meaning that he's a serious suspect.

[Jane Austin]

17. Where'd you hear that?

Jackson said that he is not a target of the invetigation.

[alcibiades_mystery]

11. You ALWAYS need a lawyer when talking to investigators

ALWAYS. ALWAYS.

It doesn't matter if you did anything. You need a lawyer.

Anyone who talks to a cop or investigator without a lawyer is a fucking idiot.

[shayes51]

30. Amen to that!

[merh]

12. Here, this lawyer's website explains it.

http://www.houston-federal-criminal-lawyer.com/

[question everything]

14. Thanks for the link

and here you have regular citizens who want to cooperate with the authorities, think that if they are innocent they can defend themselves.

What a sorry state of affairs.

[FrenchieCat]

18. Unfortunately, it doesn't "look" great for Jackson.....based on appearances

http://news.yahoo.com/s/ap/20081213/ap_on_re_us/illinois_governor_jackson

[bigdarryl]

19. OH PLEASE!!!!!!!

[Vattel]

21. Frenchiecat is right.

I don't know whether Jackson did anything wrong, but the appearance of wrongdoing is certainly there.

[LostinVA]

23. Yup, on the surface,it doesn't look good for JJJ -- I think he pulled some shenanigans

Shenanigans everybody else pulled -- and pulls -- It's Chicago-area politics, after all. However, JJJ's Dad id JJ, who is a lightning road for attacks, and he's a black pol. He KNOWS better than to allow himself to give people ammo against him.

A friend who is a litigation attorney wasn't surprised at his lawyering up, but she was surprised at JJJ's statement at his press conference -- not what he said, but how he said it -- and also what he didn't say.

I think it may be a cause of a surrogate breaking the law, but I believe JJJ won'teeb getting any political seat any time soon.

Ugh. Blago is such a creep.

[polichick]

22. Getting a lawyer is the smart thing to do. I'm wondering why JJJ wasn't on Rahm's list...

...of preferred candidates for Obama's Senate seat.

[Clio the Leo]

25. He doesn't strike me as the brightest bulb.....

... on the IL Christmas tree.

[Unsane]

24. I shed no tears for the Jesse Jackson clan

they're a motley, crooked bunch

[polichick]

27. "they're a motley, crooked bunch" - How so? nt

[LaydeeBug]

26. He's a democrat. 'nuff said. nt