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branford

(4,462 posts)

64. An actual conflict of interest is different from an appearance of a conflict.

Sat Nov 29, 2014, 12:42 AM

Nov 2014

The former mandates withdrawal from a case, and with the latter, removal is often discretionary.

Virtually no prosecutor (or any politician), R or D, abdicates responsibility or power unless they are legally required to do so. I was therefore not surprised that McCulloch did not withdraw. Apparently, given his time as the elected District Attorney, and the fact that he was just reelected to another 4 year term this month, the citizens of St. Louis County are satisfied with him. It was also a no win proposition. If McCulloch had lost, a Republican would have won, and I doubt he would have been any more motivated to indict a police officer as on of his first acts of office.

Only political pressure could have forced McCulloch to act differently in the Wilson grand jury (or seek charges without the grand jury), and he believed that his choices were the most politically advantageous despite any protests. I'm curious what his polling approval is today among his actual constituency.

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OK, suppose for the moment that Wilson's shooting was justified. [View all] Jackpine Radical Nov 2014 OP

I still don't understand why people went bananas over McCullough. Calista241 Nov 2014 #1

Aren't family members of cops usually excused from PADemD Nov 2014 #2

No, they were saying he would do exactly what he did. louis-t Nov 2014 #3

^== This. IdaBriggs Nov 2014 #14

+1 an entire shit load. Enthusiast Nov 2014 #22

+1 uponit7771 Nov 2014 #88

What Louis-t said Bettie Nov 2014 #90

OK, does this help? Jackpine Radical Nov 2014 #4

First of all, it's "McCulloch". If you do not understand by now, it is KingCharlemagne Nov 2014 #9

It's misspelled in half the news stories floating around. I corrected myself above. Jackpine Radical Nov 2014 #11

Journalism has really gone to hell in the 50-odd years I've been an adult. First rule KingCharlemagne Nov 2014 #13

It's one of my deep, dark secrets that, far back in my past, I once committed Jackpine Radical Nov 2014 #15

And that's exactly what we need.... daleanime Nov 2014 #18

That is a brilliant turn of phrase! riqster Nov 2014 #20

hear hear, here! Voice for Peace Nov 2014 #54

An actual conflict of interest is different from an appearance of a conflict. branford Nov 2014 #64

Because of his hubris and arrogance, McCulloch himself now stands indicted KingCharlemagne Nov 2014 #70

I don't doubt the sincerity of you beliefs or necessarily agree with McCulloch's choices. branford Nov 2014 #74

Having a conscience might have helped him in his presentation. truedelphi Nov 2014 #86

I also happen to support use of police cameras, branford Nov 2014 #87

Who is McCullough? Rex Nov 2014 #16

Absolutely it does! Xipe Totec Nov 2014 #19

He should not be allowed to touch any case with a police officer as a "victim" or a suspect. ncjustice80 Nov 2014 #25

My view is that a local prosecutor -- elected or not -- has a conflict of interest when he has JDPriestly Nov 2014 #28

I think you are right. Unfortunately, McCulloch was just part to the fix, there was no intention of Hoyt Nov 2014 #31

Totally excellent post. n/t truedelphi Nov 2014 #89

And he helped raise money for Darren wilson! That's worse. morningfog Nov 2014 #30

This guy is not suitable Demsrule86 Nov 2014 #41

If a prosecutor has had a family member who was murdered, Nye Bevan Nov 2014 #5

Read my #4 above & try again. Jackpine Radical Nov 2014 #6

McCulloch's father was a cop killed in the line of duty by a black assailant. That KingCharlemagne Nov 2014 #10

So, he should recuse himself every time a black guy kills a white guy? LostInAnomie Nov 2014 #24

Nice attempt at deflection, Sparky. Just ignore the fact that the alleged assailant in this KingCharlemagne Nov 2014 #26

And? LostInAnomie Nov 2014 #39

Sigh. Sure you did. All of us calling for McCulloch to recuse himself KingCharlemagne Nov 2014 #40

Just because a bunch of like minded people think the same thing... LostInAnomie Nov 2014 #44

Yes or No: Do you, LostinAnomie, think McCulloch should have recused himself? Why or KingCharlemagne Nov 2014 #63

Unless you've got some real evidence of conflict of interest... LostInAnomie Nov 2014 #67

How's this for conflict of interest: McCulloch's office is responsible for bringing cases that KingCharlemagne Nov 2014 #71

Pretty flimsy. LostInAnomie Nov 2014 #73

Jeez, that's not even a Straw Man. Jackpine Radical Nov 2014 #42

Do you even know what a strawman is? LostInAnomie Nov 2014 #43

It's not specious at all, it's common sense. Voice for Peace Nov 2014 #51

Removing a prosecutor for something that happened to his dad... LostInAnomie Nov 2014 #58

sorry, misunderstanding... my opinion was he should have recused himself Voice for Peace Nov 2014 #81

+1 840high Nov 2014 #35

If Wilson's shooting of Brown WAS justified Lurks Often Nov 2014 #7

If tbe shooting was justifier he should have dropped the charges Travis_0004 Nov 2014 #8

I couldn't agree more. branford Nov 2014 #65

I would add one thing to your excellent post. rhett o rick Nov 2014 #12

did you mean, thought Wilson WAS justified? Voice for Peace Nov 2014 #33

No. I completely agree with the OP and was just trying to drive the point home. As the OP explains, rhett o rick Nov 2014 #45

ok.. this is a little bit of a brain twister for me. Voice for Peace Nov 2014 #47

yes. He shot a man holding his hands up. robinlynne Nov 2014 #48

Not by my thinking, but I may be wrong. I believe he thinks Wilson was justified rhett o rick Nov 2014 #49

Either my brain is completely on the blink, or Voice for Peace Nov 2014 #52

I have to step back and start over. nm rhett o rick Nov 2014 #53

The bottom line is that I agree with the OP. My attempts of helping rhett o rick Nov 2014 #55

lol Voice for Peace Nov 2014 #56

Another excellent post from one of DU's finest members. Thanks Jackpine. Scuba Nov 2014 #17

What Scuba said. riqster Nov 2014 #21

What riqster said that Scuba said. Just sayin'. rhett o rick Nov 2014 #50

Kicked and recommended! Enthusiast Nov 2014 #23

The narrative that "All 'those people' understand is force",... Spitfire of ATJ Nov 2014 #27

It is still within his ethical and legal purview... Oktober Nov 2014 #29

Um...no...prosecutors don't even form a GJ unless they want to indict someone Rex Nov 2014 #32

Your post ignores the political and public pressures involved in this case Lurks Often Nov 2014 #34

And yet almost no one believes that this was an honest proceeding, Flatulo Nov 2014 #37

It was an atypical Grand Jury investigation Lurks Often Nov 2014 #38

Correct. In fact, the way in which he used the GJ suggests in itself Jackpine Radical Nov 2014 #46

It was compromise Lurks Often Nov 2014 #57

When a great deal of the evidence is already known to be false or misleading, Jackpine Radical Nov 2014 #59

Shrug, never said my theory was going to be appealing Lurks Often Nov 2014 #60

"appealing"="likely to be valid." (nt) Jackpine Radical Nov 2014 #62

I was afraid to click on this marym625 Nov 2014 #36

"Explaining" or "understanding" is not justifying. branford Nov 2014 #68

"Responding" isn't "understanding" marym625 Nov 2014 #72

Blowhard? Look in the mirror. branford Nov 2014 #75

Your reply to me was condescending marym625 Nov 2014 #76

Why exactly should he or the presenting prosecutors be disbarred? branford Nov 2014 #78

I understand that it is difficult to disbar marym625 Nov 2014 #79

The duties and obligations of prosecutors and defense attorneys are very different. branford Nov 2014 #82

There you go again marym625 Nov 2014 #83

and by the way marym625 Nov 2014 #80

Thirty six replie so far, and no one is mentioning how truedelphi Nov 2014 #61

Do you have any evidence of bribery? If so, contact the DOJ immediately. branford Nov 2014 #69

Last time I looked, this was a discussion board. truedelphi Nov 2014 #84

Read my prior posts in this thread concerning the obligations and duties of a prosecutor, branford Nov 2014 #85

Of course the shooting was justified. Sweeney Nov 2014 #66

THis isn't the right fight to pick. BlueStreak Nov 2014 #77