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Opinion

ALAN DERSHOWITZ: A Prosecution So Crooked It Would Even Make Joseph Stalin Blush

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Manhattan District Attorney Alvin Bragg

From the Daily Caller News Foundation

By ALAN M. DERSHOWITZ

 

Long before Donald Trump’s hush-money trial concluded, I predicted that his conviction was a forgone conclusion — despite the obvious weakness of the case against him.

Had the prosecution been brought in another part of the country, or even in another part of New York State, which was more fairly balanced with anti and pro-Trump voters, I am in little doubt that the outcome would have been different.

But instead, on Thursday, Trump became the first former president to be found guilty of a crime – convicted on all 34 flimsy counts of “falsifying business records.”

Why? Because this case was tried in Manhattan, where practically every man on the street wants to keep one Donald Trump out of the White House.

Perhaps the most important function of an independent jury in criminal trials is to keep a check on the biases of prosecutors and judges.

But for this constitutional protection to work, jurors must not be biased themselves against a defendant.

It’s quite apparent that this essential protection was absent.

And of course, none of these will have been disclosed on corporate forms — which would defeat the point of keeping something secret — and no one has ever been prosecuted for failing to make such a disclosure.

The infamous conversation between Stalin and the head of his KGB Lavrenty Beria is often quoted: ‘Show me the man, and I will find you the crime.’

This prosecution was even worse because, though DA Bragg tried desperately to find a crime with which to charge Trump, he failed to find one, as did his predecessor Cyrus Vance.

So Bragg went a dangerous step further than Stalin ever did: he made up a crime.

He found a misdemeanor that was past the statute of limitations — making a false bookkeeping entry on a corporate form — and magically converted it to a felony that was within the limitation period by alleging that the false entry was intended to cover up another crime.

Throughout the trial, many people inferred that crime to be an alleged attempt at election interference. But Bragg never actually explicitly stated that.

In fact, the prosecution didn’t tell the court what Trump’s other “crimes” were until their closing arguments on Wednesday — by which point the defense had no opportunity to respond.

And even then, the supposed crimes outlined were vague.

In his closing instructions, Judge Juan Merchan exposed his already apparent bias once more – telling the jurors that they didn’t actually have to agree on the specifics of Trump’s unlawful behavior.

How could someone defend themselves against such vague allegations?

It was at this moment that I became convinced that the jury would find him guilty.

And that conviction may well mark the beginning of a new era of partisan weaponization of our justice system.

DA Bragg has demonstrated how easy it now is to get a conviction against a political opponent. Other ambitious DA’s are likely to follow suit. And the ultimate losers will be the American public.

Alan Dershowitz is a professor emeritus at Harvard Law School and author of “War Against the Jews: How to End Hamas Barbarism.” This article has been republished from the author’s Substack page, which can be viewed here.

The views and opinions expressed in this commentary are those of the author and do not reflect the official position of the Daily Caller News Foundation.

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Catherine Herridge

How X And Joe Rogan Broke The Back of 60 Minutes

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TOP LINE: 
Super consumers of news are flocking to X and other platforms that support independent journalism, diverse voices and embrace transparency.  The post election TV ratings abyss is driven both by technology and by the public’s loss of trust in Mainstream media.
DEEP DIVE:
To buy MSNBC or not to buy?
This week’s headline that Comcast will spin off its cable channels underscores the tectonic shift in the media marketplace and how technology is providing the exit ramp for competing platforms.
When my job as a senior investigative correspondent at CBS News was terminated in February, I took a few months to educate myself about the marketplace because so much had changed since I left Fox in 2019.   What I found was genuinely surprising, a little frightening and, oddly, re-assuring for the strength of our democracy.
You can’t argue with the data.  It is compelling. On Election Day, according to @Xdata, the platform boasted record usage of 942 million posts worldwide and  2.2 million hours of watch or listen time over approximately 160k live events. The X data crushed engagement numbers for the mainstream media (MSM.)
tw profile: Data Data@XData tw
X dominated the global conversation on the U.S. election, hitting all-time record highs.
7:11 PM • Nov 7, 2024
1.58K Likes   278 Retweets
109 Replies
By example, a Tucker Carlson interview on X has 35 million engagements. The CBS Evening News has 4.5 million viewers. If I had to choose, I’d take 30 million engagements on X because it represents explosive growth.
tw profile: Tucker Carlson Tucker Carlson@TuckerCarlson tw
Ep. 12  Part 1. Devon Archer
6:00 PM • Aug 2, 2023
159K Likes   46.5K Retweets
6.4K Replies
The new super consumers of news are flocking to X and other platforms that support independent journalism, diverse voices, and embrace transparency which can strengthen democracy.  This is nothing short of an industrial revolution driven both by technology and by loss of trust in corporate media.
In 2023, Human Rights lawyer Jacob Mchangama wrote about the upheaval and resulting, “elite panic.”
“Elite panic is this recurring phenomenon throughout the history of free speech, where whenever the public sphere is expanded, either through new communications technology, or to segments of the population that were previously marginalized, the traditional gatekeepers, the elites who control access to information, tend to fret about the dangers of allowing the unwashed mob — who are too fickle, too unsophisticated, too unlearned — unmediated access to information. They need information to be filtered through the responsible gatekeepers and it may be even more dangerous to allow them to speak without adult supervision. That’s a phenomenon that we see again and again. And we’re seeing it play out now on social media. … [Elite panic is] one contributing factor to the free speech recession.”
Free speech: Why it’s under attack and what can be done to promote diverse viewpoints
Human rights lawyer Jacob Mchangama discusses threats to freedom of expression across the globe — and why it’s important to protect this bedrock of democracy.
www.aamc.org/news/free-speech-why-it-s-under-attack-and-what-can-be-done-promote-diverse-viewpoints
If you asked me four years ago, if a presidential candidate could skip a 60 Minutes interview, I would have been skeptical.  Four years later, candidate Trump bypassed the legacy news magazine and instead, sat down with Joe Rogan.  As of this writing, the marathon sit-down viewership reached 51 million views.
There is no doubt Rogan is a skilled interviewer who can draw out his subjects and deliver huge audiences. Compared to heavily edited network TV reports, the raw, unedited format reveals much about the subject.  In politics, the podcast is perfectly suited for the “beer question” which measures a candidate’s authenticity and likability.
The progressive Harris campaign took a more traditional media approach and came up short. Neither celebrity endorsements which feel less relevant nor a 60 Minutes interview seemed to move the needle.  The combined audience of the 60 Minutes Kamala Harris interview and its views on YouTube landed at about 10 million, far less than what Rogan and X delivered.
The legacy of the Kamala Harris 60 Minutes interview is not her responses but the lingering controversy over the CBS’ interview edit.   And that is where the public’s loss of trust in the media comes in.  I believe this is another driver of the audience exodus.
CBS aired two different answers from the Vice President to the same question from correspondent Bill Whitaker about the Israeli Prime Minister apparently ignoring the Biden Administration.
tw profile: Face The Nation Face The Nation@FaceTheNation tw
MONDAY: On a @60Minutes election special, Bill Whitaker asks Vice President Kamala Harris if the U.S. lacks influence over American ally Israel’s Prime Minister Benjamin Netanyahu.

Watch a preview:

2:59 PM • Oct 6, 2024
599 Likes   185 Retweets
316 Replies
Since, a credible complaint has been filed at the FCC alleging “news distortion” at the network with a reasonable demand that the full, unedited Kamala Harris transcript be released. CBS News has said “it fairly presented the interview to inform the viewing audience and not to mislead it.”
In the October newsletter, I explained that releasing the full, unedited transcript would resolve these questions. There is ample precedent.
tw profile: 60 Minutes 60 Minutes@60Minutes tw
With just 29 days until Election Day, Bill Whitaker sits down with Vice President Kamala Harris. One year after Hamas’ terror attack on Israel, Whitaker starts by asking Harris what the U.S. can do to prevent an all-out regional war in the Middle East. cbsn.ws/3U1BTmj
12:09 AM • Oct 8, 2024
422 Likes   175 Retweets
117 Replies
As a senior investigative correspondent at CBS News, I interviewed President Trump at the height of the COVID-19 pandemic.  I advocated for and CBS News published the full, unedited transcript.
The CBS News Trump interview was not a special case.  The full, unedited transcript from Attorney General Bill Barr’s 2019 interview with CBS chief legal affairs correspondent Jan Crawford was also shared by the network.  And more recently, 60 Minutes released the full unedited transcript of its interview with Fed Chair Jerome Powell.
If the current trend continues, in the 2028 election cycle, the broadcast networks will firmly take a back seat to podcasts, town halls, and investigative journalism on X.   For independent journalists and small digital newsrooms, the challenge is developing revenue streams that are viable.
In February, I was not comforted by the analogy that losing my corporate reporting job was like getting pushed off the Titanic when there were still seats in the lifeboats. In retrospect, I wonder if it may turn out to be more accurate than I initially thought.
After turning down job offers for which I remain grateful, I began building the Catherine Herridge Reports brand on X and in the newsletter marketplace.  These platforms are the new media beachheads.  Content is King.
I’ll have more to say about the future of journalism and why journalism is called a profession for a reason. Look for exclusive new content on media accountability in the coming days!
Thank you for subscribing to our newsletter and supporting independent investigative journalism!
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Energy

Is Canada the next nuclear superpower?

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From Resource Works 

The rise of AI and other technologies have pushed energy demand through the roof, and Canada can help power that with nuclear. 

Good to see Prime Minister Justin Trudeau pushing nuclear power as a key contributor to meeting the world’s soaring demand for electricity.

“The energy consumption necessary around AI (artificial intelligence) nobody has properly understood yet,” he said. “We have stepped up big time on nuclear.”

He cited Canada’s uranium reserves and progress in building both full-scale CANDU reactors and small modular reactors (SMRs). He said other countries need to “skate where the puck is going” on cleaner energy sources.

“We know that if we are going to meet our net-zero targets around the world, and certainly in this region, nuclear is going to be really part of the mix.”

He stopped short of saying Canada would build more major nuclear reactors for domestic use but spoke about the development of SMRs. Ottawa has previously stated it wants to become “a global leader in SMR deployment.”

Meanwhile, International Trade Minister Mary Ng said Canada is launching a gateway for nuclear development in the Asia-Pacific region. She said growing Pacific Rim economies will face increasing demand for electricity, not just to curb emissions.

“All this followed CANDU licence-holder AtkinsRéalis announcing a “multi-billion-dollar” sale of two CANDU reactors to Romania, the first to be built since 2007. The federal government contributed $3 billion, the company said.

And in one of our Resource Works Power Struggle podcasts, energy journalist Robert Bryce said: “We’re seeing the revitalization of the nuclear sector… There are a lot of promising signs.”

Also from Bryce: “Forty-seven per cent of the people on the planet today live in electricity poverty. There are over three billion people who live in the unplugged world; 3.7 billion who live in places where electricity consumption is less than what’s consumed by an average kitchen refrigerator.”

Policy Options magazine notes how Canada and 21 other countries signed a 2023 pledge to triple nuclear energy capacity by 2050, and says: “The reality would appear to be clear: there is no feasible net-zero future without the deployment of new nuclear power.”

For Canada, it adds: “We have an opportunity to expand our global status, but this requires overcoming years of policy inaction while other nations have modernized their nuclear strategies. To triple our nuclear capacity by 2050, we need clear priorities and unwavering political commitment.”

Earlier this year, François-Philippe Champagne, federal minister of innovation, science and industry, said nuclear power needs to grow for the world’s renewable-energy economy.

“Nuclear, definitely. For me, we have to look at hydro, we have to look at nuclear, we have to look at small modular reactors, we have to look at wind, we have to look at solar.”

Jonathan Wilkinson, energy and natural resources minister, promised to expedite the approval process for new Canadian nuclear projects.

Canada now gets about 15% of its electricity from nuclear generation, mostly from reactors in Ontario.

But the last nuclear reactor to come into service in Canada was at the Darlington station, east of Toronto, back in 1993. No new nuclear project has been approved since then, but multi-million-dollar upgrades are underway at existing Ontario plants.

Heather Exner-Pirot of the Macdonald-Laurier Institute and Jesse McCormick of the First Nations Major Projects Coalition see SMRs and micro-reactors as a plus for rural and remote areas of Canada that now rely on diesel to generate power. Some First Nations are also interested.

However, the two commentators point out that nuclear developers will need Indigenous support and will have to “provide meaningful economic benefits and consider Indigenous perspectives in project design.”

Now, the Wabigoon Lake nation in Ontario has stepped up as a potential host to a deep underground facility for storing nuclear waste.

As Canada looks to SMRs to meet electricity demand, our country also hopes to sell more uranium to other nations—perhaps with a little help from Russia.

In October, Russian President Vladimir Putin proposed restrictions on Russian uranium exports in retaliation for Western sanctions on Russian oil, gas, and LNG.

That boosted hopes for increased exports of Canadian uranium.

Canada, once the world’s largest uranium producer, is now the world’s second-largest, behind Kazakhstan, and accounts for roughly 13% of global output.

Putin’s threat gave more momentum to the plans underway by NexGen Energy for its $4-billion Rook 1 uranium mine in Saskatchewan.

The Canadian Nuclear Safety Commission has completed its final technical review of the project. Next comes a commission hearing, followed by a final decision on approval.

NexGen is working on detailed engineering plans in preparation for full construction, pending federal approval.

NexGen could push Canada to become the world’s largest uranium producer over the next decade. Other companies are rushing to Saskatchewan to start exploration projects in the Athabasca region, while existing players are reopening dormant mines.

All this follows the commitment by nearly two dozen countries in 2023 to triple their nuclear-energy output by 2050.

And so Britain’s BBC News topped a recent roundup on nuclear power with this headline: “Why Canada could become the next nuclear energy ‘superpower’.”

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