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	<title>Comments on: Craig and Entrapment</title>
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	<description>Res ipsa loquitur (&#34;The thing itself speaks&#34;)</description>
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		<title>By: FRED J ABRAHAMS</title>
		<link>http://jonathanturley.org/2007/08/30/craig-and-entrapment/#comment-79</link>
		<dc:creator><![CDATA[FRED J ABRAHAMS]]></dc:creator>
		<pubDate>Tue, 04 Sep 2007 09:24:45 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.org/2007/08/30/craig-and-entrapment/#comment-79</guid>
		<description><![CDATA[A MATTER OF LAW AND ORDER

The GOP (rhymes with slop) has so debased the rule of law and marginalized the Constitution that even those who are learned in the law are missing the most obvious truths.
The Craig debacle is an object lesson. This soon to be former Senator and non-gay guy claims he is innocent and wants to withdraw his plea of guilty to disorderly conduct now that the horse is out of the stall. Consider the unintended consequences if he should be successful in having his plea and sentence vacated.

Here’s what should happen: 
1.	 An Appeals Court grants his appeal and vacates the guilty plea agreement and suspended sentence.
2.	He should now be rearrested on the original charge, be granted bail and/or held over for trial.
3.	The original charge should be reinstated.
4.	At his trial the signed confession (plea agreement) will be introduced.
5.	He should now be found guilty of a felony and sentenced to real time. 
6.	As a convicted felon he would then lose his Congressional pension.

If, this man who has been in the US Congress for more than two decades were familiar with the Constitution, he could have avoided being arrested in the first place because the Constitution states, unequivocally, that a member of Congress CANNOT be arrested while en route to or from the Congress!

By the way, when the policeman showed his badge and arrested him, was he read his Miranda rights?

Not invoking that basic privilege is just one more example of how ignorant the GOP members of Congress really are.]]></description>
		<content:encoded><![CDATA[<p>A MATTER OF LAW AND ORDER</p>
<p>The GOP (rhymes with slop) has so debased the rule of law and marginalized the Constitution that even those who are learned in the law are missing the most obvious truths.<br />
The Craig debacle is an object lesson. This soon to be former Senator and non-gay guy claims he is innocent and wants to withdraw his plea of guilty to disorderly conduct now that the horse is out of the stall. Consider the unintended consequences if he should be successful in having his plea and sentence vacated.</p>
<p>Here’s what should happen:<br />
1.	 An Appeals Court grants his appeal and vacates the guilty plea agreement and suspended sentence.<br />
2.	He should now be rearrested on the original charge, be granted bail and/or held over for trial.<br />
3.	The original charge should be reinstated.<br />
4.	At his trial the signed confession (plea agreement) will be introduced.<br />
5.	He should now be found guilty of a felony and sentenced to real time.<br />
6.	As a convicted felon he would then lose his Congressional pension.</p>
<p>If, this man who has been in the US Congress for more than two decades were familiar with the Constitution, he could have avoided being arrested in the first place because the Constitution states, unequivocally, that a member of Congress CANNOT be arrested while en route to or from the Congress!</p>
<p>By the way, when the policeman showed his badge and arrested him, was he read his Miranda rights?</p>
<p>Not invoking that basic privilege is just one more example of how ignorant the GOP members of Congress really are.</p>
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