McElroy: Immunity May Not Protect Duke Prosecutor

Submitted by anthony on Thu, 2006-12-21 02:44

Article here. Excerpt:

"Michael Nifong, the prosecutor handling the Duke lacrosse rape case, may single-handedly cause a reconsideration of ‘absolute prosecutorial immunity,’ the legal doctrine by which certain acts of a prosecuting attorney are literally immune from lawsuits or criminal charges."

"People have tried to have Nifong sanctioned on a state and local level. To date, the North Carolina State Bar Association has received at least 17 complaints about Nifong. Because such complaints become public only when copied to the governor or attorney general, there may be many more."

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"With Nifong, they will stumble over federal precedents of "absolute prosecutorial immunity" that immunize him against consequences for his behavior as a prosecutor. The qualification is key. The main question about Nifong’s immunity is not whether he committed misconduct-- he clearly did -- but what function was he serving when he did so."

So, if Nifong was just "investigating or administering" instead of "prosecuting," when he committed fraud, he gets away with it, right?

And the determination of what "mode" he was in at whatever time he was seeking to legally lynch these Duke lacrosse boys is to be determined by politically appointed judges, right?

Those are the RULES we FOOLS have agreed to?

Very nice investigative reporting by Ms. McElroy.

I wish I could claim to be shocked by the total degradation of our legal system.

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Submitted by Roy on Fri, 2006-12-22 17:40

The charges have reportedly been dropped by Nifong.

It's today's major media buzz.

Now, when does HE get to face prosecution for fraud and violating his oathe of office?

And, will there be any examination of the pervasive misandry that allowed this travesty to occur in the first place?

And forget about any forays into our cultural reverse-racism...

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Submitted by Roy on Fri, 2006-12-22 19:05

The media are reporting that the rape charges against the Duke players have been dropped; however, they still face prosecution for sexual assault and kidnapping.

The "victim's" various versions of what happened continue to unravel, but Mike Nifong is still pandering to his African-American consituency by prolonging this charade.

Too bad nobody has Nifong on video using the "n-word" in a condescending manner....

What a slick cracker.

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Submitted by Roy on Fri, 2006-12-22 20:53

Nifong may have made the politically deadly mistake of taking on accused men who have the financial resources to actually defend themselves. Remember the Kobe Bryant fiasco?

I also hope the well to do parents of these victims of false rape accusations are politically well connected too so they can put the political screws to Nifong. If Nifong (what kind of a jerky name is NIFONG anyway?) had any higher political aspirations higher than being just a hick town DA those aspirations may be in the proverbial toilet because of this case. Stupid is as stupid does I suppose.

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Submitted by Luek on Sat, 2006-12-23 05:49