First, the rationale for his release. The appeals court criticized:
1) the use of the draconian summary procedure, 2) the failure to specify the specific type of contempt and specific behavior at issue, and 3) the failure to fully consider mitigation evidence.
As a result, the case was not dismissed for time served.
The appeals court ordered a rehearing, because it believed that the contempt at issue was "serious."
Tommy will face a different judge, who may well throw him back in jail.
Two months ago I discussed how Tommy likely violated the reporting restrictions imposed on the underlying grooming trial. That is still the case.
British courts argue that the summary power is necessary to maintain the "dignity" of their courts.
Justice White explained why this was bull 50 years ago. Dignity is maintaned not by the "fear of unlimited authority" but by the firm application of standard procedures.
Justice White recognized that some contempt can be taken seriously.
But if it's serious enough to mandate heavy punishment (up to two years, in Britain!) then it's serious enough to justify a jury trial.
And if the court needs to use the summary power to maintain order in the courtroom, it can do so without imposing draconian sentences on a whim. For petty contempts, in the United States, the summary power is still available. ("Petty" meaning less than 6 months max sentence.)
To sum up: Tommy is still facing a "committal" of up to two years in jail, and he has no right to a jury trial.
This is simply wrong, and it's an injustice worth talking about.
I'll have more later about the injustice of the underlying reporting restrictions, which again people seem to be taking for granted.
Remember - Tommy is in jail for reporting on a criminal trial.
That couldn't happen in the United States, and it shouldn't happen in the UK.
FIN
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- the burden of proof is on the accused
- there is no presumption of innocence
- innocent people demand FBI investigations of their own behavior if they are accused of wrongdoing
They must call for an FBI investigation into themselves!
Democrats like @ChuckSchumer say there is NO EVIDENCE that Senate Democrats colluded to smear Brett Kavanaugh.
They should welcome an FBI investigation then! After all, if they are innocent, they have nothing to hide!
- Why were you and your husband in couples therapy?
- Why did this accusation come up for the first time in couples therapy?
- Did your husband pressure you to come forward now?