by Stuart F. James
posted May 31, 2005
Last week, we heard news of a political sting conducted by the FBI. The sting was dubbed "the Tennessee Waltz."
Some of the state's most influential leaders are affected by the sting. Indictments were issued, and arrests made. The indictment, however, does not mean any individual is guilty. In fact, the indictment is only a charge. An indictment is not a conviction, nor is it a finding of guilt.
A prosecutor obtains indictments in closed door proceedings. The grand jury sees the evidence the prosecutor wants the grand jury to see. There are no witnesses or evidence presented by any person subject to the indictment. The indictment process is a secret, one sided process. It is not a process of guilt or innocence.
Regardless of the charge, everyone indicted in the Tennessee Waltz investigation is presumed innocent until proven guilty. The prosecutors have the task of showing guilt beyond a reasonable doubt. The standard of proof is difficult, and a conviction is not presumed. In fact, the only presumption is one of innocence.
Unfortunately, for members of the Hamilton County community, some Republicans are making political hay of these indictments. Recently, state Rep. Chris Clem proclaimed legislators charged in the Tennessee Waltz are innocent until proven guilty in court, but he said there "may be enough evidence to demand resignations or impeachment.” He makes this proclamation obviously concluding, that for political purposes, an indictment means guilt, guilt requiring removal from office.
Mr. Clem’s statement undermines the presumption of innocence for each individual affected by the Tennessee Waltz. He uses a double standard - on one hand proclaiming that each individual remains innocent while, on the other hand, stating each of them is subject to impeachment or “forced resignation.”
While engaging in his political witch hunt, Rep. Clem attacks one of his own - Republican state Rep. Chris Newton. Rep. Clem states, “Well, one Republican was involved who attended Democrat caucus meetings, sponsored Democrat legislation and was widely known as the Democrats' right hand man.” Apparently, Mr. Clem feels that cooperation with Democrats is “akin” to treason. Rep. Clem justifies Mr. Newton’s guilt by suggesting he is a Democratic “right hand man.”
Mr. Clem goes on to proclaim, “We have a wonderful judicial system. I fully support the constitutional principle of requiring government to prove a person is guilty beyond a reasonable doubt prior to taking someone's freedom. Neither the state or federal Constitutions require such safeguards prior to withdrawing your political support or prior to removing an elected official from office….” Mr. Clem’s double standard asks us to proclaim guilt, proclaim guilt before we know the complete story. Mr. Clem obviously believes an indictment means you are guilty until proven innocent.
Until we hear from the defendants, we cannot presume anyone is subject to impeachment. An indictment does not mean “guilty until proven innocent.”
Take for example the trial of David Rosen, a fundraiser for Hillary Clinton. Last week, the country learned that Mr. Rosen, Hillary Clinton's national campaign finance chief, was acquitted of charges of financial impropriety. The Los Angeles Times reported "Hillary Rodham Clinton's former national campaign finance chief was acquitted today of charges that he concealed the costs of a glitzy Brentwood fundraiser from the Federal Election Commission. Jurors found David Rosen not guilty of failing to report more than $700,000 in costs for the fundraiser, attended by President Clinton, his wife and an A-list of Hollywood stars on the eve of the 2000 Democratic National Convention.”
The Rosen trial was conducted after federal prosecutors issued indictments charging Rosen with financial impropriety. The Rosen verdict reminds us you are not guilty until a jury finds you guilty. We do not know, at this early stage, whether any person indicted by the Tennessee Waltz will be found guilty.
It is a shame that Hamilton County has a state representative who is taking political advantage of a serious issue. Rep. Clem’s position that the Waltz Indictments mean guilt until proven innocent is irresponsible; particularly from a lawyer practicing in the state of Tennessee.
Instead of talking about impeachment, Rep. Clem should stand up for the principle that each individual is innocent until proven guilty. Rep. Clem should proclaim we must not judge anyone before we hear all of the evidence. Rep. Clem should tell the people of Hamilton County that he reserves judgment on each person's guilt until the whole story is learned. Additionally, Rep. Clem should seize the opportunity to tell the people of Hamilton County that he will draft new and comprehensive legislation guiding the ethical operations of the State Legislature.
Rep. Clem, however, chooses to make political "hay" of a serious situation. He chooses to proclaim that those indicted are guilty until proven innocent. Rep. Clem feels political leaders should be impeached (or forced to resign) before they are given the opportunity to have their voice heard in our system of justice.
Rep. Clem’s rush to judgment is irresponsible and reckless.
Stuart James
sjames139@comcast.net
* * *
You seem to desire that people care and understand what has happened to some elected officials, mostly Democrats. I cannot judge people harshly. I think back to some of the posts you have made and wonder why you didn't practice this yourself. Your harsh treatment of a former member and a current member with your words were worse than Rep. Clem used.
As far as U.S. Rep Ford is concerned, his biggest problem to overcome is a long record of a family member.
I agree we shouldn't stoop to name calling and implying wrongs to people. As I understand your remarks about Clem is the pot calling the kettle black. I would suggest you set the standard of conduct and words you wish others to use. But, we all know it is nothing but politics, expecting something we are not willing to give. Damage control.
Nick Kennedy Sr.
nickcbmci@aol.com
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