Armstrong Economics Blog/Rule of Law
Re-Posted Dec 11, 2018 by Martin Armstrong
Ireland is now claiming it needs to pass the Magnitsky Act to defend human rights. The greatest human rights violations take place in the legal system. It was Adolf Hitler’s notorious court that everyone said violated human right because it had a 90% conviction rate against people accused of being Jewish. Well Ireland, like the United States, has surpassed Adolf Hitler. Sexual offenses have the lowest conviction rates in Ireland’s circuit courts because it requires proof. The 89% conviction rate for sexual offenses in Ireland’s circuit courts compares with 100% for fatal offenses, 98% for offenses against property such as burglary and theft, and 93% for road traffic offenses. If we are really going to deal with human rights, the place to start is legal reform.
The crime of conspiracy was used by the Roman Emperor Maximinus I (235-238AD) which There must be an agreement between two or more persons. The mens rea of conspiracy is a separate issue from the mens rea required of the substantive crime. Conspiracy is the law of tyrants, for it allows the conviction of someone for a crime they did not commit, nor even attempted to commit but you claim they “intended” purely as a mental state to commit in the future. Maximinus engaged in legal persecution. He charged a noted Senator by the name of Magnus, with conspiracy against the emperor, found him guilty, executed him, and then arrested 4,000 others claiming they all conspired with him to intend to depose him. He then used the criminal law to claim they committed a crime of conspiracy, and that, of course, justified confiscating all their property as well.
A conspiracy law was created and used at the Nuremberg Trials for members of the Nazi leadership because they could not actually prove involvement in some cases which was NOT a crime before the trial. This violated every principle of law in any civilized country known as the Ex Post Facto Clause. In other words, you cannot violate a law before it becomes a law. You are supposed to have Due Process which requires the notice of what is a crime to knowingly violate such law. But the pressure to convict the Nazi leadership resulted in violating that Due Process right which is the fundamental guidance from the Bible. The story of Cain and Abel is the source. Cain kills his brother Abel and God knows what he has done. Nevertheless, he summons him and allows him to defend himself even though he knows what he had done. That is the Due Process right that we are all supposed to have. They abandoned that at Nuremberg because the leaders merely gave orders and did not personally execute anyone. So they needed to create a crime of Conspiracy to prosecute them. They charged Conspiracy for participating in a “conspiracy or common plan” to commit international crimes. This was controversial because the conspiracy was not a part of the European civil law tradition. Nonetheless, the crime of conspiracy continued in international criminal justice and was incorporated into the international criminal laws against genocide.
However, they use conspiracy for everything. In this manner, they do not have to prove anyone actually committed any act. This is what Mueller is doing. He charges everyone around Trump in order to compel them to testify against Trump and thus they are given a script that will state that Trump “agreed” to whatever crime they committed and that will prove CONSPIRACY.
Human rights will not begin until CONSPIRACY is eliminated from all crimes. In the case of Nuremberg, they simply need to enact a law that covers the issue of an order in a military context. Any other crime of conspiracy needs to be eliminated in every other context. In the USA, the 1948 Conspiracy Statute was where the punishment provision was completely rewritten to increase the penalty from 2 years to 5 years except where the object of the conspiracy is a misdemeanor. In addition, conspiracies allow for derivative liability where conspirators can also be punished for the illegal acts carried out by other members, even if they were not directly involved. Thus, where one or more members of the conspiracy committed illegal acts to further the conspiracy’s goals, all members of the conspiracy may be held accountable for those acts. So if one person killed someone and others did not even know that would take place, they too are charged with murder. Where no one has actually committed a criminal act, the punishment varies. Some conspiracy statutes assign the same punishment for conspiracy as for the target offense. That is where human rights are violated. You can be charged with conspiracy and sentenced to the same punishment as if you actually committed the act. That is why the prisons are full to the brim because prosecutor just charges conspiracy and do not have to prove you committed any act and just claim you agreed with someone else.
The irony is that people who make up conspiracy theories about government actors are called conspiracy nutjobs, yet this in 99% of how the government prosecutes its citizens.