David French, the new, gay, version of Andrey Vyhsinsky at NRO, states that the affidavit empty of probable cause that a specific crime had been committed is sufficient for an arrest. And he even claims that in all such cases an arrest is routine.
Of course, he cites no actual evidence. In fact the only statement of witnesses of any sort mentioned in the affidavit, aside from the irrelevant suggestion from a police dispatcher with no lawful authority, is the testimony of Martin's mother, who was not present at the scene of the crime. And the only claim there is that some, but not all, of the cries for help were from Martin. Of course Martin's father has contradicted this claim. He could not identify his son as uttering the cries for help. And, of course, real eye-witnesses have stated Zimmerman was the one crying out for help as Martin beat him.
But to Comrade Vyshinsky facts are not evidence, it is the political purpose of prosecution that is important, just as it is to Comrade Gallagher.
NRO April 13, 2012 by David French
When an armed man shoots an unarmed man, unless there are compelling facts to the contrary, charges are expected and routine. As I’ve watched this case unfold and heard arguments pro and con, I think there’s probable cause for an arrest (and it’s really not close). Whether there’s proof sufficient for conviction will be determined when we see the state’s case. As of today, we’ve just peeked under the curtain.
There are compelling facts that Zimmerman was the victim of Martin's hatefilled rage, especially given Martin's bragging on his assault on a bus driver, but the facts from the eye-witnesses and Zimmerman's injuries are more than compelling, they vindicate Zimmerman completely.
However, NRO is not lost. Andy McCarthy and John Lott give French a legal beatdown. They agree with Alan Dershowitz that there is no probable cause in the affidavit. That it is nothing more than a political document from an ambitious prosecutor undoubtedly running as we speak for Attorney General. But we know that she is going the same way of a former Florida governor.
Lott drills down the import asking where is the beef or the Lenin question Who Will Do What To Whom:
NRO April 13, 2012 by John Lott
Even if everything in the affidavit is correct, it does not even begin to deal with the most crucial question: Who attacked whom? Even if it is true that “Zimmerman confronted Martin and a struggle ensued,” there may have been no wrongdoing on Zimmerman’s part. “Confronted” does not mean “provoked” or “assaulted.” It could simply mean that Zimmerman followed Martin and asked him what he was doing in the neighborhood. Surely Zimmerman had the right to investigate a strange person in his neighborhood. The police operator’s advice that “we don’t need you to do that” was merely suggestive, not an order to stop. Indeed, the police had no authority to give Zimmerman such an order.
And he saw what I saw on the Grand Jury issue. The ugliest woman in the world avoided the Grand Jury because she has no case.
Angela Corey, the special prosecutor who filed charges, claimed multiple times on Wednesday that the prosecutors “are seekers of the truth.” In our legal system, grand juries can sometimes provide a check on prosecutors who indict based on political pressure or the desire to seek the limelight. It is no surprise that Corey avoided the grand jury.
As in my experience, a Grand Jury will indict a ham sandwich, but only when you spoon feed the Grand Jurors the evidence, and a lot of it. Grand Jurors are generally slow and not quick on the uptake. It takes much to convince them. And rightly so. A man's life is at stake. And justice is not a show trial.
And McCarthy redeems himself with this observation on Corey:
NRO March 13, 2012 by Andy McCarthy
If I were a cynic, I’d say that an ambitious special prosecutor — exploiting the rabble-rousing of the U.S. attorney general and the racial grievance industry — filed an exceedingly serious charge for which she lacks evidence, second degree murder, in order to bask in the mob’s adulation while pressuring Zimmerman to plead guilty to a lesser charge, manslaughter, on which the special prosecutor runs a high risk of losing if Zimmerman forces a trial. So I’m sure glad I’m not a cynic.
So is there hope for NRO? Will Girlieman Rich Lowry fire McCarthy and Lott? Time will tell. Probably not now, but their days are numbered. That little s**** [redacted per Peter Brimelow] can't stand people smarter than he is or who stand up to Al Sharpton, Eric Holder and Barack Hussein Obama.