The Bug Out Bag

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence. – 6th Amendment

Official Version

After a two year investigation, the Kaleys found themselves essentially destitute when the Government indicted them and froze all of their assets. The resulting case asked the question as to whether or not an ex parte forfeiture order based on the Grand Jury’s actions violates the 6th Amendments protections.  In this version of Kaley v United States, the LPOV debates and discusses the merits and disadvantages of the Criminal Grand Jury and asks what we can learn about the process going forward.

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Effective or Just Expensive?

Alternate Version

In this version, which features several extended moments in the first segment of silence from Chattroom Jeff who’s microphone failed to record, resulting in the canonical version presented above, the LPOV takes a different tack on the Kaley case and discusses what exactly is “effective” counsel?

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About Dave

Talk Show host, lifelong Baseball and Star Trek fan, US Navy Submariner and Fire Control Technician (Ballistic Missile) 1st Class Petty Officer (Submarine Qualified), Dave is married with four daughters, one son, two sons-in-law and two grandchildren plus one on the way. He resides quietly in Manteca, CA, where he records his podcast, Plausibly Live, three days a week. He also writes for several other blogs and as a "Stay at home Dad" plays a lot of games with his son. Dave loves books, history and is learning to weld and drive a forklift. Just for fun. Dave is also a Life Member of the Disabled American Veterans and a Member of the US Submarine Veterans.

Posted on April 28, 2014, in 6th Amendment, Podcast and tagged , , , . Bookmark the permalink. 6 Comments.

  1. By way of follow up, Congressman Michael Grimm was indicted today after a lengthy investigation that when begun, apparently had little or nothing to do with what the investigators started looking into. To quote the story, “After years” of rumors and presumably investigations, we reached today. My question remains – how long can the government keep fishing until they find something – anything – on which to indict?

    http://www.commentarymagazine.com/2014/04/28/the-michael-grim-truth-about-the-political-class/

    “So after years of rumors about improprieties in fundraising, Rep. Michael Grimm was finally indicted today by the federal government on charges that had absolutely nothing to do with the reason he came under suspicion. While others were charged or remain under investigation in connection with questionable fundraising for his campaign, the former Marine and FBI agent was not. But as has often been the case with federal investigations, once the government started sniffing around Grimm’s finances, they wound up uncovering other unrelated misdeeds that may well wind up putting him in jail and perhaps costing the Republican Party a competitive House seat. Grimm’s spokesman may call it a “politically motivated vendetta,” but it’s difficult to talk about politics in the context of what appears to be a cut and dried case of tax fraud and lying under oath resulting from the way the congressman cooked the books at a health food store he opened in Manhattan before heading down to Washington.”

    Like

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