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The Death of Due Process
This instruction eliminates any notion of
impartiality and due process for the target of a complaint -
it requires that jurors prejudge the complaint. By requiring
jurors to consider "all allegations in the complaint
liberally construed in favor of the complainant," the
amendment mandates unfairness against the accused. And it
leaves the door open for complainants to keep suing if they
think jurors fail on this point.
The death of due process??? It is obvious that
the "Club" does not understand the basic rules of pleading and practice on which
this challenged instruction (in ¶15 of Amendment E) is based. They complain that
Amendment E, "by requiring jurors to consider 'all
allegations in the complaint liberally construed in favor of the complainant'
... mandates unfairness against the accused."
The truth is this: the requirement is basic "hornbook" law.
Take for instance, "the complaint must be 'liberally construed in favor of
the plaintiff,' who must be granted the benefit of all inferences that can be
derived from the facts alleged." Schuler v. United States, 199 U.S. App.
D.C. 23, 617 F.2d 605, 608 (D.C. Cir. 1979). See also "The complaint must be
liberally construed in favor of the plaintiff, and all the facts in the
complaint must be taken as true." Brown v. Nationsbank Corp. 188 F3d 579,
585 (5th Cir.1999). We did not, ladies and gentlemen, make up this language in
Amendment E's paragraph 15 out of thin air. It is established law!
It is not about
"prejudging" a complaint at all! It is about viewing the evidence presented from the
record that determines the truth of the allegations. Their contention that we
are "leav[ing] the door open for complainants to keep suing if they think jurors fail on
this point" is actually challenging
established procedural law already on the books. Furthermore, the middle of
paragraph 15 states that at the end of the SGJ process, "the Special Grand
Jury shall render final determination in writing within thirty days."
[emphasis added]. There
is no allowance for complainants to "keep suing" in any given case--
determination of the SGJ is final!
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