• Jim Costa

Jim’s Rant For The Day. Prima Facia Vs. Beyond A Reasonable Doubt.

Starting Assumption:

“In common parlance the term prima facie is used to describe the apparent nature of something upon initial observation. In legal practice the term generally is used to describe two things: the presentation of sufficient evidence by a civil claimant to support the legal claim (a prima facie case), or a piece of evidence itself (prima facie evidence).”

“Prima facie also refers to specific evidence that, if believed, supports a case or an element that needs to be proved in the case. The term prima facie evidence is used in both civil and Criminal Law. For example, if the prosecution in a murder case presents a videotape showing the defendant screaming death threats at the victim, such evidence may be prima facie evidence of intent to kill, an element that must be proved by the prosecution before the defendant may be convicted of murder. On its face, the evidence indicates that the defendant intended to kill the victim.” Source

Today we are hearing from the Bill Still Report that Rod Rosenstein, the acting head of the Dept. of Justice, is now himself under investigation for his role in the questionable FISA application to spy on Trump. We are told that this may cause the release of that FISA application to be unclassified and released to the public, possibly this weekend.

We are also told that perhaps the investigation should be taken from the independent DOJ inspector Huber because Huber does not have subpoena power to question non- current Federal employees. Therefore a Grand Jury should be convened to go after Rosenstein. I strongly disagree.

To appoint a grand jury will take more time and we do not have any more time. If Rosenstein were to be criminally prosecuted then I would agree with a Grand Jury, but he will not be criminally prosecuted in the way we are being led to believe. He will be prosecuted by a military tribunal.

And a Military tribunal does not need a preponderance of proof beyond a reasonable doubt to convict. They only need a Prima Facia case, and that case can be presented with just a few of Rosenstein’s signatures on a few documents, including the FISA application.

I believe the 20 page FISA application will be released to the public by next week at the latest. I believe that at that time Rosenstein will be seen as a character from Nathaniel Hawthorn’s novel The Scarlet Letter. He will be seen by both himself and the public with a big red “T” for treason on his forehead and will no longer be able to perform his job and will have to be replaced.


Recent Posts

See All