On Sunday, self-professed comedienne Chelsea Handler opened her mouth again to take a shot — at President Trump, this time tweeting, “Everyone is (sic) the presidents circle is a criminal because they all work for one.”
Before her sweeping pronouncement on Twitter, Handler, a well-known criminal law expert, opined, “Indictments are not fake news. They are proof of criminal activity.”
Uh, no.
As Findlaw.com explains, indictments are not proof of guilt:
Former New York Court of Appeals Judge Solomon Wachtler once famously remarked that a prosecutor can get a grand jury to “indict a ham sandwich,” which isn’t too far from the truth. But this has more to do with the fact that prosecutors generally don’t call for grand juries until they’re confident in the strength of their case. While in many ways a formality, grand juries provide an opportunity for the defendant to challenge evidence and also provide a preview of what to expect at trial. Defense attorneys are not allowed in the courtroom, but may wait outside and field clients’ questions during breaks.
So what does it really take to get a federal indictment? To begin with, the 16-23 member grand jury does not have to decide unanimously. So if a simple majority decides that the case and evidence presented have merit, then it will return a “true bill” and go to trial. Since the grand jury is determining whether there is probable cause and not guilt, the standard of proof is much lower than for criminal trials.
As a Washington D.C. law firm further explains:
You may have heard the expression that prosecutors can “indict a ham sandwich.” This reflects the facts that: (1) grand jury proceedings are secret and closed to the public. The defense has no opportunity to present evidence at a grand jury proceeding, challenge the prosecution’s evidence, or present its side of the story. (2) The “probable cause” standard is one of the lowest standards in criminal law, defined as requiring only sufficient evidence to lead a reasonable person to believe that a crime has been committed and that the defendant is guilty. This stands in stark contrast to “beyond a reasonable doubt,” which is necessary to convict a defendant at trial.
But don’t tell Handler any of that. She usually too busy offering rips at Trump that seem to come from her own planet somewhere out in the distant galaxy, such as accusing him of “literally and figuratively” setting the world on fire when the California wildfires raged in December 2017:
Or blasting Melania Trump’s efforts at dealing with the opoid crisis, tweeting, “Melania to host a discussion on opioid abuse. She says unless you have to have sex with Donald Trump, you have no excuse to be on drugs.”
Handler targeting members of Trump’s administration is nothing new. Remember when she called Dr. Ben Carson, the Secretary of Housing and Urban Development, a “black white supremacist? Handler said on her Netflix show:
And the most confusing group of racists are black white supremacists — not to be confused with white black supremacist, like Rachel Dolezal. Black white supremacists are black people who think white people are better than them. They include Stacey Dash, Ben Carson, and this guy, Sheriff Clarke — he’s the only sheriff in the country who pulls himself over for no reason.