Comments by "TheEvertw" (@TheEvertw) on "Brian Tyler Cohen"
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It must be me, but I still don't understand how double-jeopardy would apply if Cannon grants a motion to dismiss after the jury was sworn in instead of before. Because it has been widely established that appealing a decision by a judge or jury does not constitute double-jeopardy. And certainly when the judge does not consult the jury in a decision to dismiss, that should CERTAINLY be appealable. And when the judge makes a decision to dismiss on a point that was raised long before the jury was selected, that should be grounds for disbarment of the judge.
The USA needs some very serious reform of its judicial system, and this time allowing for the situation where a judge is corrupt. So much in the US government system assumes honorable behavior by officials, and this is exactly what Trump & Magats are abusing all the time.
For example, it should be much easier to recuse a judge. In my country (Netherlands), either prosecution or defense can call for a review by a panel of judges, to consider whether a judge has demonstrated apparent bias to either party. If so, the judge (or the court in case of multiple judges) is recused and replaced by another. This procedure usually takes about 1 day from initial challenge to conclusion. No proof of bias is required, simply the appearance of bias is enough. No decision by the judge is needed either, if she displays partiality in the way she runs a case, that is enough.
Cannon would have been long removed from the case under these rules.
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I don't often disagree with Sanders, but he is wrong about the Palestinians. He steps over the fact that Hamas governs Gaza. That is a problem, as Hamas has lost its legitimacy in the 7 Oct attack. No government can do such a thing and expect to remain in power. Much less Hamas, where we can be certain they would do it again if given the opportunity.
There are only two possible ways to resolve the conflict: 1). Palestinians themselves prosecute Hamas, or 2). Israel takes over governance of Gaza. As the Palestinians are both unable and unwilling to do 1, it will be option 2 (which is what Israel is doing now). It is not an option to go back to the status quo ante (Hamas is in charge of Gaza and Israel withdraws), the atrocities committed by Hamas on 7 October are too great for that.
If Sanders is so concerned with Palestinian welfare, he should work towards a third option: An international coalition of peace keepers to take over governance of Gaza. I sincerely doubt anyone would want to participate in that, but Sanders has no right to protest against option 2 while not providing a viable alternative.
So I wholeheartedly agree with the way Biden is acting: admonishing Israel to minimize civilian casualties, and leaving it at that. The quicker Israeli rule is established, the quicker society can be rebuilt.
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