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Your witness, Ms. Carmichael.

March 4, 2016

Trial By Foxy Television

I’m not sure if it is because Megyn Kelly looks like an ADA from “Law and Order,” or just because she used to be an attorney, but for some reason she just can’t quit prosecuting.

As an attorney, she is well aware that cases that are in litigation cannot be discussed, or should not be discussed, ethically. But for some reason (no doubt personal) she decided to throw ethics to the wind in last night’s Republican debate, and question Mr. Trump about one such case. Oh, but she is a journalist now, right?

For many years (since the 70’s) I’ve had a problem with the media trying people by television. Amendment I of our constitution guarantees freedom of the press, but Amendment VI guarantees the accused of the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed – not by TELEVISION!

Furthermore, Amendment IX of the constitution says, “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”

If specified rights cannot nullify unspecified rights, then certainly your rights (specified or unspecified) cannot be used (as a premise or guise) to deprive another person of their rights.

Maybe future Supreme Court Justice, Ted Cruz, could have spoken up on that one. But politics and television is nothing more than a throwback to the blood sports of gladiator days.

I wonder how many innocent lives have been ruined, and cases decided, by the media? Ruined not by the weight of evidence, but by the seriousness of the charge.

Take for instance, a lawsuit going on against a technical school in Ohio. The institute has ties with, and support from, several major American companies. The college does its best to connect these students with the companies upon graduation. Seems like a no-brainer. Companies need good employees. Students have been trained for the jobs. Win, win, right?

But any reasonable person would understand that a school can’t guarantee placement for every student (or the success of any student). There are many other factors that a potential employer considers when hiring. But some students didn’t agree, and filed a suit against the school because they didn’t get a job upon graduation.

I haven’t heard much about the case lately. No doubt, the institute probably just settled out of court to protect its reputation and avoid publicity. This doesn’t mean the school was guilty. It’s just cheaper this way. Lawyers (on both sides) know it. Con-artists know it.

As our culture goes, these students are probably perpetual victims who couldn’t succeed if their lives depended on it. But hey, I don’t know. I wasn’t in court. Neither was Megyn Kelly.

As a matter of principle, Donald Trump has chosen not to settle cases out of court. Just as paying ransom for hostages encourages hostage-taking, even so, settling just encourages frivolous lawsuits. I respect Trump for his stand and smarts on this matter.

Now, I realize Mr. Trump doesn’t need me to defend him. Mr. Trump has managed to become a billionaire without my help (or Mitt’s or Megyn’s). But Megyn Kelly asking other candidates “hard questions” around this one, was just a cover to do what she really wanted to do to Trump: to see blood coming out of his... wherever.

Megyn Kelly may not be a practicing attorney anymore, but she knew exactly what she was doing, and it was disgraceful, unethical, way below the belt, and maybe even illegal. But hey, when you’re running for president, or on television, you don’t have any rights. Right?


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