RUSH: Let me get to Marilyn Mosby here in just a second. I don’t want to jump the gun on this. By that I mean jump the gun on my analysis. Let me just tell you what I think is a point that a lot of people are overlooking.
Now, my buddy Andrew McCarthy has written about this case, the prosecutor and how he learned of it. He learned of the charges before he saw her speech, her press conference. And he said when you see, as he did, the press conference after you have learned this never-ending list of charges, if you are in any way a serious prosecutor or a serious defense attorney, you can’t believe it. You can’t accept this woman has the slightest idea what she’s doing.
But just as a bit of a tease, I’ll tell you that I think one of the most — and maybe people are remarking on it. I shouldn’t say that I haven’t heard anybody say it, ’cause I don’t watch enough news on TV anymore, so it could well be that a lot of people made this point. But this whole thing is predicated on race, is it not? It’s predicated on racist cops who are unfair to poor, black, disadvantaged citizens in Baltimore, can’t defend themselves and don’t have the money to afford anything, much less legal representation.
They’re just bullies, right? They’re just out of control cops, no justice, no peace. It’s the whole liberal refrain. No matter it be Ferguson, New York City, Trayvon Martin, it’s all race. I mean, even to the point of having to call George Zimmerman a “white Hispanic,” it’s all about race. Well, the problem is, there are six cops that she’s charged here, and she had to include a murder charge in order to keep that crowd at bay. Maybe she wanted to include a murder charge in it because she’s no different than the crowd. And I think that’s really the case. I don’t think she’s any different than that crowd standing looking at her, this protest bunch demanding justice, no justice, no peace. I think she’s one of those people that’s ended up as a prosecutor.
See, the problem for her and whoever she assigns to try this case is that these cops are gonna have really good defense lawyers. And I don’t care how corrupt the Baltimore criminal judicial system is. You might have had a corrupt judge. You might get an OJ kind of jury, but you’re gonna have a bunch of defense attorneys who are not gonna put up with any of this and they’re gonna do their best to get all of this thrown out, because it’s all bogus, it’s all specious. They’re gonna do their best to win this case for their clients, because that’s their job.
Mrs. Mosby has saddled her prosecutors with a bunch of charges and a bunch of evidence that is really, really flimsy, given the scope of what happened here. But, to me, the biggest problem for her and for the prosecution of this is that three of these cops are black, which, to me, undercuts the entire premise of the prosecution. I don’t know how she’s gonna get around that. Now, I’ve got Andy’s — I’ll just go ahead and finish with this rather than do it later.
Let me read to you how Andy has written about this. This is near the end of his piece: “That is why the saving grace of the case may be the element no one seems to want to discuss: the fact that three of the police officers charged are black.” Exactly. That undercuts all of this. Remember, they had to call Zimmerman, the New York Times, a “white Hispanic” to turn that into a racial case. You actually had two people of color involved in that, but they were so desirous that that be seen as a racial case, they had to call Zimmerman a “white Hispanic.” They’d only done that once before in the Times.
The left omits the fact that three of the cops charged are black because it undermines the demagogic theme of white cops persecuting young black men. You know, a lot of people don’t want to mention it, some people do, because everybody hopes that justice is colorblind, particularly blind to race. You can’t ignore the race of the defendants here. That’s the first thing last Friday when she’s reading off the charges and she’s mentioning these names, people that don’t know immediately wanted to know the racial makeup of the cops.
Everybody wanted to know, “Are any of them black? Is there one, are there two, are there four, are they all white?” That wasn’t initially announced. That had to be dug up. Remember, they didn’t make that public, which is a telltale sign here, to me. But you can’t ignore the race of the defendants. I mean, race is the reason that cases involving the death of suspects after altercation with the cops have gotten so much attention lately, race! It’s the reason all of this is happening. You’ve got Obama out now even compounding that. I will explain in a moment.
So what you have here, you have a race-obsessed environment that says justice for Freddie Gray dictates a murder prosecution against the police. That’s gonna have to, at some point, see that justice requires a fair trial for these cops. Even if this judicial system there is corrupt with a bad judge and a bad jury, don’t forget the defense lawyers here. There is going to be a demand for a fair trial here, and the grievance industry is alive and well, and when the grievance industry finally comes down from celebrating Mosby and her long list of charges and her promise, “No justice, no peace,” her promise to get involved and help people with the cause. Her pledge to young people that “our time is now.” That’s not what prosecutors do. Prosecutors don’t get concerned with that stuff.
Prosecutors are concerned with evidence and that’s it. Other people get involved with the cause. When the prosecutor crosses that line, the defense, I’m telling you, the defense lawyers, whoever they are, they’re salivating, they’re licking their chops. And when everybody comes down from all this, it’s gonna dawn on a lot of people how stupid is it that in a racial case, three of these cops are black? You wait. You wait. Some in Baltimore, even within the Al Sharpton movement, at some point are gonna slap themselves upside the head and say, “Hey, wait, wait, wait, wait, wait, wait, wait, wait. I thought this was about getting white cops.” But she made sure that there’s an equal number of them who are black. And you know why she did that? That’s all about equality and fairness and they’re trying to make it look like there isn’t a racial component here.
But I think this is the big, unremarked upon aspect of this, and I was thrilled to see Andy McCarthy write about it here. Because, after all, is it not the case — let me use you as a guinea pig. Do you think it would be a tough case to make that three of the cops who are black did what they did because they’re biased against black people in Baltimore? I mean, that’s what they’re gonna have to prove. That a black cop may as well be white because he’s a cop. That’s what they’re gonna have to say. “Well, the fact that he’s a black cap doesn’t matter, he’s a cop.” And for this purpose, all cops may as well be white. That’s what they’re gonna have to say, because how could three black cops be inspired, motivated, whatever, with racial bias against a black citizen.
And at that point, Andy says: “At that juncture, one hopefully suspects, the case will no longer be about ‘social justice.’ It will be about real justice: a careful examination of the stateÂ’s charges and the evidence offered in support of them. When that day comes, the prosecutor better have more to say than ‘no justice, no peace.'” And there’s another aspect to this, and I’m sure people have mentioned this. They have to have mentioned this. If, as that old codger — remember CNN found this old codger right after Mosby had finished the list of charges, they found this old black guy, African-American codger out on the street who didn’t believe it.
He said (paraphrasing), “Those charges? You can’t fool me. Those charges aren’t gonna end up at the end of the day in court. She’s just saying this to get us to stop rioting. The day all these cops get charged with all of that is the day I don’t live in Baltimore.” He doesn’t believe any of it. He doesn’t think it’s gonna happen. Let’s say that she takes all these charges in and these cops end up, for whatever reason or another, walking or with just a slap on the wrist, can you imagine the riot situation that might then exist? ‘Cause after all, Mosby’s gone out and pretty much promised everybody that she’s on the case to move the cause of social justice forward. And if that doesn’t happen…
Now, the opposite could happen, too. These cops could be nailed to the wall for virtually everything, found guilty on every charge, and you could end up with a jury that’s in a jury nullification. But that’s gonna be tough. You’ve got three black cops in there and a Baltimore jury, if they don’t get a change of venue that’s another thing, is gonna have to find guilty of racial bias? That’s what the case is about. That’s what she’s made the people of Baltimore think it’s about. It isn’t about justice. It’s not about the law. It’s about racial bias. It’s about a police department out of control that we gotta rein in, blah, blah, blah. So we shall see.
RUSH: Okay. Let me give you another illustration in this Baltimore situation. The driver of the van is one of the six cops charged. He’s black, the driver of the van, and that’s who gets the brunt of the charges. I mean, that’s where the damage done to Freddie Gray ostensibly was done. The driver didn’t care, was indiscriminate, gave a rough ride. She didn’t mention that in the press conference. But, okay, so this guy’s gonna go get a lawyer. He’s gonna defend himself against the charges.
How does this black cop, Goodson…? Is he just another black defendant that the system denies justice to? How’s this gonna work? You’ve got the prosecutor now claiming that cops are unfair and blacks get short shrift. Well, here comes a black defendant. He’s the driver of the van in question. If this guy is smart, he’ll go out and get a named black defense attorney to further obfuscate — I should probably say illustrate — the folly of Marilyn Mosby’s assertion that all of this is race related and racially inspired.
So how…? Is a jury just gonna look at the driver of the van, and is the media in Baltimore going to portray the driver of the van as just another example of an African-American defendant denied justice in the American legal system, when he’s gonna end up probably having a superstar defense attorney, an African-American? You think of some names here. I just think these are huge factors that, of course, the mob hasn’t even got to yet.
RUSH: Here is… Oh, Dershowitz. I’ve been meaning to comment on Alan Dershowitz and what he said about the prosecutor, Marilyn Mosby. You know, he really ripped into Angela Corey, who was the overmatched, out-of-her-league state’s attorney in Florida that went after George Zimmerman. And we know what a jury did with that case. And the left assumed it was a slam dunk that Zimmerman, the “white Hispanic,” was gonna get convicted and sent away.
The evidence was what it was, and it did not lead to anything similar to a conviction. It was an acquittal. So Dershowitz was on Megyn Kelly last night on the Fox News Channel. She said, “How about this prosecutor telling the young people, ‘This is your moment,’ torquing up the situation? What if she doesn’t get a conviction and the young people say, ‘What happened to my moment?’ and then get even angrier?”
DERSHOWITZ: What’s gonna happen to her is what happened to Angela Corey, the woman from Florida who overcharged George Zimmerman and got an acquittal. When you overcharge, when you charge somebody with murder who shouldn’t be charged with murder — I’ve seen no evidence to support a murder prosecution in this case — you risk losing everything. And so what she’s done is mortgage the future to the present. Understandably she wanted to stop the riots. She did a good job. She did stop the riots. But the likelihood of increasing violence when charges have to be dropped, when there’s an acquittal, when there’s a reversal on appeal, that’s what she hasn’t thought about: The future.
RUSH: I don’t know that she hasn’t thought about it. My guess is that she thinks she’s gonna win this thing in a slam dunk; she’s gonna be the new American hero. Now, maybe… I think she was thinking that Thursday night, Friday during her press conference and maybe she’s had a sobering up since then.
Maybe reality is setting in, and maybe she did overcharge on purpose to satisfy the mob, knowing full well some of it is gonna thrown out or what have you. But make to mistake, she is the cause. She’s in it. She’s a member of the cause. She’s a member of the “no justice, no peace” crowd. That’s why, as a prosecutor, she is really, really overstepping here.