8th Analysis - 5 August 2019

1) This is the 8th formal analysis of the #PardonFlynnNow movement. My target audience here is for supporters of @GenFlynn who fall into two camps, those supporting a Pardon, and those opposing it. Both are made up of true patriots, good people.

2) I've found that there is an extraordinary problem in understanding that goes even deeper than the Constitutional issues of pardon that I've previously analyzed. It cuts to the heart of judicial process, and our common understanding of justice itself. There is a great gap.

3) A Constitution is, here in America, a written document, a single document. In the nation from which we descend, Great Britain, there is NO such unitary document. In England, the term "Constitution" is far closer akin to health, as in one's personal constitution.

4) If you don't know this usage of the term, simply substitute health, or well-being for it. How are you feeling? Are you well? Are you hurt or injured? Do you have a disease? Are you sturdy? How far can you walk? So also, for a nation, a people. Of what is it constituted?

5) What I have come to believe is that our health as a nation is weak. And the greatest source of this weakness, I've come to believe, is in our failure to understand justice. We revere our courts, while never quite looking to see that they've been turned to corruption.

6) Strategically, I do not blame the Democrats, at all. I do blame the Republicans for this, but it is actually the Uni-Party, the Swamp, the Deep State that has masterfully played upon, preyed upon this disease of our nation. They realized that we believe in our courts.

7) I have two new heroes to introduce, although you likely know them both already. The first is @SidneyPowell1, along with her hellaciously painful book, Licensed To Lie. She explodes the myth of judicial and prosecutorial justice. It's been broken for a long time, friends.

8) The second is John Ratcliffe. I was riveted as I listened to his Constitutional level explication of our law, of its foundation and most important principle: the presumption of innocence. His demolition of the Mueller Report is one of American history's key moments.

9) I'll quote the key parts below, but you should listen and read for yourself, here:

https://www.realclearpolitics.com/video/2019/07/24/rep_ratcliffe_to_mueller_you_didnt_follow_special_counsel_rules_you_wrote_about_decisions_that_werent_reached.html

10) "The special counsel's job, nowhere does it say that you were to conclusively determine Donald Trump's innocence or that the special counsel report should determine whether or not to exonerate him. It's not in any of the documents. It's not in your appointment order.

11) "It's not in the special counsel regulations. It's not in the OLC opinions. It's not in the justice manual, and it's not in the Principles of Federal Prosecution.

12) "Nowhere do those words appear together because respectfully, respectfully, director, it was not the special counsel's job to conclusively Donald Trump's innocence or to exonerate him because the bedrock principle of our justice system is a presumption of innocence.

13) "It exists for everyone. Everyone is entitled to it, including sitting presidents. And because there is a presumption of innocence, prosecutors never, ever need to conclusively determine it."

14) Can you say, "drop the mike?" Ratcliffe entered into the long stream of #AmericanExceptionalism in that moment. His words should be considered at the same level as Alexander Hamilton, James Madison and John Jay in the Federalist Papers.

15) So, there's a principle here. Law does NOT exonerate. Not American law. And we can back that up further. Have you ever listened - you must have - to the Foreman of the Jury's verdict? Why doesn't he say, "We exonerate?" Why doesn't he decree, "The defendant is innocent?"

16) What is the verdict? It is binary. Either the jury determines the defendant was Guilty, or...

Say it with me now. You know the other side of the binary gate...

NOT GUILTY.

17) So, I have to ask, how's your logic mode today? Our courts NEVER establish innocence. You CANNOT establish that which is assumed, presumed. And, to attempt to do so is to PERVERT the basis of our law. Courts don't exonerate. American Justice presumes innocence. Bedrock.

18) Here's what we've uncovered. If you believe ONLY what a court establishes, then, that court can be corrupt as long as the first Summer Day, and yet will be granted Constitutional credibility no matter. Decades can go by. Corrupt decision after decision can occur.

19) But wait, what about Jury Of Your Peers? Are we to assume the juries are also corrupt? Sometimes, to be sure. But usually not. No, it is not the Jury System that is the weak spot. Reenter @SidneyPowell1. It is Prosecutorial Corruption that is the key.

20) Here's the crack in our system, the disease the Swamp holds dear. Judges presume Prosecutors to be honest, right, to have the right of their prosecution. Judges do NOT hold Prosecutors to the Rule Of Law foundation of Presumption Of Innocence.

21) Consider the very name of @SidneyPowell1's book, Licensed To Lie. Every day of the world, defendants are convicted for what...lying. Yet, the prosecutors lie all day long, every day, with no repercussion whatsoever. This is the great inversion of Justice we face today.

22) When Justice is a travesty; when courts are perverted, corrupted; when presumption of prosecutorial discretion is allowed, then what is the meaning of the term "exoneration?" I say, not one thing. For courts to exonerate is to destroy the presumption of innocence.

23) That is the crack in our constitution as a people. And it is that crack that has, more than any other element, empowered the rise of the Uni-Party and the Deep State over us. To prosecute is to execute. Allow me to shout that:

PROSECUTION = EXECUTION

24) Do the prosecutors pay for their endeavor. Hell no. They are paid. Does the defendant pay for his defense? Often at cost of bankruptcy. How is that justice? That is the great weak spot in our constitution, our health as a people. It has eroded Rule Of Law for decades.

25) Do you dare say to me, Public Defenders? Give me a break. Would you go up before a Special Prosecutor, empowered by the Department Of Justice with a Public Defender? If so, you're dumber than even me. No, you must place your life in the hands in $1,000 an hour attorneys.

26) So, when you object to a Presidential Pardon, try to remember who you're turning to for your hoped-for exoneration. A corrupt court system, with an even more corrupt prosecutorial system. This is how the Swamp empowers itself. You still believe in courts. They know you do.

27) How did America become great in the first place? We had a great land, with a great people, and we built a great system of governance. Not a perfect one. It was deeply flawed from the get-go. But great even still. As we've passed through more than two centuries, we've frayed.

28) Facing the vast, perhaps almost infinite powers of our Federal Government, who can have faith, going into court, that he will receive the fair and honest benefit of law? No, you'll face a judge who grants the prosecution the benefit of credence, where you face distrust.

29) So, this is my humble request to all you who wish @GenFlynn to be exonerated. Consider to whom you turn. You're turning to our corrupted judiciary and ever more corrupted prosecutorial procedure. I have to bring up Attorney General Barr, now.

30) Did you see that, for lack of the ability to establish criminal intent, he has decided to NOT prosecute James Comey. Look it up. Sadly, so sadly, I must now state my complete opposition to our new AG. He may be doing his best. It's not good enough.

31) We prosecute Flynn to the fullest extent of our power. We let Comey skate. We let HRC skate. Can you see it? This is the power of the Swamp. It determines who is prosecuted, and who is not. Exoneration? It lies in the hands of the Swamp. 

32) Friends, it is time we face facts. Our constitution is broken. As Marc Levin has stated, we're now in a post-Constitutional America. We need not discuss the collapse of trust in Congress. It's broken. Utterly. The thing we've missed is the corruption of the Judiciary.

33) So, one more time, let's return to the kingly power of pardon. I don't know where the doctrine has been established. I do know that Pardon By Innocence is part of the Constitution structure of Ireland, to this day. But, why do we narrowly constrict pardon to guilt?

34) If we wish to defeat the Swamp, to neuter the Deep State, we must remove this vast power of prosecutorial corruption from them. They have, so far, defeated the presumption of innocence. That's how the Swamp wins. And always wins. You can't beat City Hall now, can you?

35) We have no time to wait. We cannot imagine or dream we'll correct the courts in time. We need @GenFlynn's voice back today. To await a corrupt court system in fantastical hops of justice is a fool's dream. Don't be mad, I've been every bit as much the fool as anyone.

36) John Ratcliffe has cleansed any lingering foolishness I suffered. Exoneration is NOT our basis of law. Presumption of Innocence is. The courts are not to be trusted. Prosecutorial corruption is vast beyond comprehension. There is ONLY one man able to act is: @realDonaldTrump.

38) I say again, friends, this is precisely what we hired @realDonaldTrump to do. We hired him to defeat the Swamp. Well, we must face the disease in our constitution, and ask him to be our doctor. Without his aid, we have little hope, indeed.

39) What will we do on that day that a judge sentences @GenFlynn for a crime he did not commit? We'll then ask for a Pardon? How weak of us. This must be stopped now. Travesties of injustice demand we rise up and speak. Now.

40) I don't know if this will be my last such analysis. I honestly hope it is. I have surrendered my faith in our courts. They must be transformed, most especially our prosecutorial system, hellaciously corrupted as it is. So, it is far past time to...

#PardonFlynnNow


Pat Scopelliti