Cycloptichorn wrote:Ticomaya wrote:What is the basis for your claim that the burden of proof in this case was higher than any other case?
The IIPA was written with an extremely high burden of proof; namely, that one must prove affirmative intent to out an agent, and not just the fact that someone DID out the agent. This is extremely difficult to do without first-hand conversations, which Libby lied about and was then spared from prison and other penalties which would have compelled him to tell the truth. Add to this the fact that those in question enjoy significant and special legal protections and you have a very, very difficult case to prosecute.
Fitz was going about it in the usual manner that one would; namely, roll the lowers up the ladder. This was prevented by Bush's willingness to effectively pardon convicted criminals in his administration, an event which virtually never happens normally. This increases the difficulty for the prosecutor tremendously.
I didn't say, also, that the burden of proof was higher then ANY other case, just much higher then most.
Cycloptichorn
In criminal cases in the U.S., the burden of proof is on the government, and the "standard of proof" is "beyond a reasonable doubt." I assure you, the burden of proof in this case is EXACTLY the same as in any other criminal case.
What you are confusing with "burden of proof" are the
elements of the crime. The specific elements of the crime must be proven "beyond a reasonable doubt," in order to establish guilt. That is the prosecutor's burden, and a burden he obviously did not feel he could meet.
In most crimes, intent is an element that must be proven. That's called mens rea -- guilty mind. If you picked up a wallet, thinking it was your wallet, but it turned out to be someone else's, did you commit a crime? Only in your world, Cyclops, where you think the mere fact that you DID pick up the wallet should be enough to prove guilt.
Did Fitzgerald need to prove intent to prove a violation of IIPA? Yes, it's an element of the statute,
just like intent is an element of most crimes. Prosecutor's prove intent every day, because most crimes are not strict liability or negligence crimes. Sometimes a prosecutor can prove intent, and other times they cannot.