Patterico's Pontifications

10/22/2010

Breaking News: Geert Wilders in Double Jeopardy

Filed under: General — Aaron Worthing @ 11:43 am



[Guest post by Aaron Worthing; if you have tips, please send them here.]

Now, I am a lawyer, but my expertise drops off a cliff when I start talking about foreign countries.  I mean I can watch Law and Order: UK and feel things are reasonably familiar, but the moment we are outside the common law, my knowledge falls off sharply.

But according to this article over at Pajamas Media, one of the judges prosecuting Geert Wilders was caught in ethical lapses related to the case, making it clear that the judge should have disqualified himself months ago.  When Wilder’s attorney sought to introduce evidence showing the judge should have disqualified himself, all three judges refused to hear it.  So all three judges were removed from the case, at this late stage—the case was all but over, with the Prosecutors—who never wanted to bring the case in the first place—telling the court that Wilders should be acquitted (to know why that recommendation might not mean a damn, read here).

So Geert had a judge hearing his case who should have disqualified himself.  And how do they remedy this?  According to that same article, by making the entire case start over.

Now, this probably doesn’t technically violate Mr. Wilders’ double jeopardy rights.  Under American law, the chances of winning a motion to dismiss the new case on those grounds are pretty slim.  But this is still wrong.  The Prosecutors never wanted to bring this case, but were forced to, and at the end of the case the Prosecutors were still unconvinced.  And it is because of the misbehavior of the judges, not Wilders, that this whole trial has been flushed down the toilet.  Wilders should not pay the price for that misconduct.  The state should.

As a few commenters noted the last time I talked about Wilders, sometimes the process is the punishment.  He shouldn’t have been tried in the first place.  He really shouldn’t be tried, twice.  Heed the prosecutors’ advice and let him go free.

And to those who accuse me of believing in freedom of expression with a fanaticism that is almost religious, I say this: guilty as charged.  When I read that we are endowed by our creators with certain unalienable rights, when I say that among our God-given rights is freedom of expression and freedom of religious expression in particular, I am not just using a flourish.  I believe they are ours, given to us by God, and cannot by right be taken or bartered away.

Update: Links and minor mistakes fixed.

[Posted and authored by Aaron Worthing.]

18 Responses to “Breaking News: Geert Wilders in Double Jeopardy”

  1. Link to PJM not working….

    Kman (d25c82)

  2. The PJ Media link works for me but the first link (to Aaron’s email address) is quirky. You can see the email address if you highlight the link but not if you click on it.

    DRJ (d43dcd)

  3. I would be willing to cover any and all bets that Wilders sees the inside of another courtroom (exception: When he sues the Hell out of them).
    There is so much stink coming out on this matter about judicial overreach and prejudice, that not only will no case be brought, but several of the Robed caste will be in fear for their jobs.

    AD-RtR/OS! (89a0a7)

  4. DRJ fixed the email link. Not sure what if anything is with the PJM link, because it is working fine for me.

    Aaron Worthing (e7d72e)

  5. Unalienable not inalienable. An “unalienable” right cannot be transferred. You cannot transfer your life to someone else — or your liberty or happiness. An “inalienable” right, such as ownership of property or a title or a degree, can be transferred and the government can decide who owns property or has a title. There is a real difference (not just pedanticism)

    N0mad (86fd07)

  6. Aaron, the PJM link is working fine.

    You are right… the process is the punishment. They have chilled expression.

    Dustin (b54cdc)

  7. OT, but Obama is in L.A. today, and someone on his staff finally plucked their head out of their collective backsides. It seems that instead of tying up traffic over the entire West Side in getting Teh Won from LAX to his event site, they choppered him in from LAX to minimize the grid-lock that follows Presidential retinues like jackals follow armies.

    But, if you got caught in traffic grid-lock today in the area between City Hall, and Beverly Hills, thank Barbara Boxer.

    AD-RtR/OS! (89a0a7)

  8. AD – You think they will roll out the red carpet for me when I get out there? My entourage will surely cause major headaches.

    JD (4aa811)

  9. …more Obama:
    After concluding the funder for Boxer at USC around 2:30 or so, they plan to drive across town to meet AF-1 at Burbank…that should entirely screw the o/b I-5 through the ‘Valley…I guess the chopper was committed to other duties.

    If you need to get out of town, do it now, or plan to wait until Sat.

    AD-RtR/OS! (89a0a7)

  10. JD…I don’t know about a “red” carpet, but I’m sure there is someone who wishes to “roll you up” in a carpet of any color available – you do seem to have that effect on people.

    AD-RtR/OS! (89a0a7)

  11. Nomad

    You know, i had a teacher who always said it with an i, and that has screwed me up for life. Just like my new jersey parents made me think our first president was George Warshington.

    Will fix.

    Aaron Worthing (e7d72e)

  12. This has been such a clusterfark in Holland that they hope this will quietly go away. I think there is very small chance the courts will try to bring this up again. I do think his party will be the next Parliament majority.

    Mike K (d6b02c)

  13. Mike,

    I hope it goes LOUDLY away, so maybe people will be convinced there is still freedom of speech in holland.

    But otherwise i concurr.

    Aaron Worthing (e7d72e)

  14. I don’t disagree with anything you have said, but, politically, it may be advantageous for him to get an actual “Not Guilty” verdict rather than have it be said that he got off on a technicality.

    Just speculation on my part, as I know next to nothing about the political situation he faces.

    Anon Y. Mous (5ac901)

  15. Anon

    well, its all dutch to me, too.

    But i am guessing that he is actually getting a big political boost from all of this.

    and mind you, i am not saying i support the guy. i don’t know enough to say i do or don’t. i just know he is being tried for so-called hate speech and that is just wrong.

    Aaron Worthing (e7d72e)

  16. AD-RtR/OS!: You don’t understand. This is not the US, it is Europe, where “democracy” is only a mask for the arbitrary rule of EU bureaucrats, and the “enlightened” elite simply ignores the people.

    Among that elite, the idea that Islam is dangerous is crimethink. Anyone guilty of crimethink must be suppressed.

    Mike K: “I do think his party will be the next Parliament majority.”

    No party has won a majority in the Dutch parliament since WW II. The parliament has had 150 seats since 1959, and in the most any party has ever gotten is 54 seats. The Freedom Party (PVV) may well get the most seats next time out, but the electorate is very fragmented: the most any party got in this year’s election was 31. (PVV was 3rd with 24.)

    Rich Rostrom (f7aeae)

  17. No party has won a majority in the Dutch parliament since WW II.

    This is true of every European parliament I know of. Still, let’s see what happens. Pim Fortuyn was a more extreme politician but was on the verge of a major success when he was assassinated. The Dutch may finally get tired of having people harassed and murdered to shut them up. If not, they are doomed.

    Mike K (d6b02c)

  18. Does shira law require that the gavels of these judges be shoved up the anal canal ?

    Neo (7830e6)


Powered by WordPress.

Page loaded in: 0.0858 secs.