Drudge Retort: The Other Side of the News
Sunday, August 06, 2017

Last week, famed attorney Alan Dershowitz made some waves when he claimed that Special Counsel Robert Mueller was stacking the deck against President Donald Trump by impaneling a grand jury in Washington, D.C. This led to criticism from Rep. Maxine Waters (D-CA), who said that Dershowitz's comments were "absolutely racist." During an appearance on Fox & Friends this morning, the lawyer hit back, dismissing Waters out of hand.

"Well, she doesn't know what she's talking about," Dershowitz stated. "First of all, I wasn't talking about the grand jury. I was talking about the jury. Grand jury doesn't matter." The attorney added that Waters tosses around the word racism too much, diluting its impact.

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"If I had said that race didn't matter, she would have called me a racist," he noted. "She throws around the term so loosely and so inappropriately, and it weakens her credibility just by calling everybody a racist by calling me a racist, when she calls real racists racists, nobody is going to believe her."

He continued, "Being black doesn't give you a license to call people racist. She ought to understand that every criminal defense lawyer knows that race matters, ethnicity matters, political affiliation matters."

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Lost in the faux outrage is the simple fact that he is right. If what Mad Maxine said was accurate, then every Jury Consulting firm in the world is stocked full of racists, which is absurd.

#1 | Posted by Rightocenter at 2017-08-06 11:53 AM | Reply

If Kenny Rogers was a Democrat, he would have wrote:

You got to know when to hold

Know when to fold up

Know when to walk away,

And know when to play the race card....

#2 | Posted by cookfish at 2017-08-06 12:00 PM | Reply

#1
no, if Dershowitz is correct no jury pool in America is capable of impartiality -- which isn't reqyired anyway. all that is required is that jurors vote their consciences and judge both the facts and the law application and/or finally the law itself.

#3 | Posted by ichiro at 2017-08-06 02:46 PM | Reply

White people conscious.

#4 | Posted by fresno500 at 2017-08-06 03:01 PM | Reply

Trump was hoping for jury nullification, but Mueller is smarter than the whole trump cabal.

#5 | Posted by bored at 2017-08-06 03:31 PM | Reply

Who bloody cares what Dershowitz has to say.

#6 | Posted by LauraMohr at 2017-08-06 11:10 PM | Reply

#3

The usual instructions are basically that they keep an open mind, apply the law that they have been instructed on by the judge to the facts and to weigh the facts and credibility of the witnesses as they see fit.

Jurors are instructed to set aside bias and preconceived notions but if that were truly the case then the Jury Consultant industry wouldn't be a big as it is. You always factor in race, sex, employment history, education, domicile even marital status in picking a jury.

#7 | Posted by Rightocenter at 2017-08-06 11:20 PM | Reply

the "instructions" have little basis in law, are often incomplete, or wrong.
know your rights. get in your pool.

#8 | Posted by ichiro at 2017-08-07 01:17 AM | Reply

"often have..."

#9 | Posted by ichiro at 2017-08-07 01:20 AM | Reply

Dershowitz is the one who made this about race, not Waters. Now he wants to whine because somebody called him out.

#10 | Posted by rcade at 2017-08-07 08:57 AM | Reply | Newsworthy 3

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the "instructions" have little basis in law, are often incomplete, or wrong.

Most jury instructions are drawn from a set that has been developed by the Judicial Council over decades from sources like BAJI or CACI, which are based mostly by the Code of Civil Procedure, the Evidence Code, the Penal Code, the Civil Code or case law.

When there is a problem it is almost always the fault of counsel or the judge doing a half-assed job.

#11 | Posted by Rightocenter at 2017-08-07 10:30 AM | Reply

Dershowitz is the one who made this about race, not Waters.

As I said earlier, when selecting a jury you consider every factor, including race, socioeconomic status, sex, employment, etc. so I understand Dershowitz's position. That being said, I also understand where Mad Maxine is coming from, but I tend to agree, having lived in LA throughout her reign of terror, that she tends to over play the racial card.

#12 | Posted by Rightocenter at 2017-08-07 10:47 AM | Reply

Case in point: In the early 2000s I represented an entertainment writer who had been screwed out of his share of the proceeds of a Musical that had done well here in LA and was about to go Off Broadway. He was a gay black male, and we hired a Jury Consultant to help pick the jury. One of the main issues that the consultant (who was also black) identified was that black females from downtown LA and latinos from the East Side were not very tolerant of gay black men so would not identify with my client. Conversely, white men and women from Hollywood, the Westside and the Valley would be more likely to be sympathetic to my client. Accordingly, we trended towards the latter (and defense counsel thought that having a jury with that makeup was a slamdunk for him) and we won 9-2 on almost everything, with the holdouts being a black woman from Baldwin Hills and a latino man from Garfield. Without that input, we probably would have tried to get a predominately black jury and the case may have turned out very differently.

Like it or not, race, location and bias are very important in selecting a jury, and Dersowitz knows it.

#13 | Posted by Rightocenter at 2017-08-07 11:01 AM | Reply

Sorry, that should be 9-3, still waking up...

#14 | Posted by Rightocenter at 2017-08-07 11:17 AM | Reply

Okay but now you're short a holdout.

Anyway, only a fool doesn't perceive how racial prejudice is alive and well in our daily lives.

#15 | Posted by snoofy at 2017-08-07 01:01 PM | Reply | Newsworthy 1

Those are the ones I remember because they agreed to talk to me after the verdict, the last dissenter left when the jury was excused. There is no requirement that the jurors stick around to talk to counsel.

#16 | Posted by Rightocenter at 2017-08-07 01:24 PM | Reply

Dershowitz is the one who made this about race, not Waters. Now he wants to whine because somebody called him out.

#10 | POSTED BY RCADE

RoC is the one who made this thread all about himself, not anyone else. Now he wants to whine because somebody called him out.

#17 | Posted by Corky at 2017-08-07 01:35 PM | Reply

Add something substantive to the thread Corky...if you can.

#18 | Posted by Rightocenter at 2017-08-07 04:08 PM | Reply

Sorry, I don't know anything about you.

#19 | Posted by Corky at 2017-08-07 05:51 PM | Reply

"famed attorney Alan Dershowitz"

"the lawyer hit back, dismissing Waters out of hand."

"The attorney added that Waters tosses around the word racism too much, diluting its impact."

Right wing boot licker dog whistles. No, thank you.

#20 | Posted by BruceBanner at 2017-08-07 09:28 PM | Reply

#11
that's what i said. ignorant judges who keep jurors ignorant.

#21 | Posted by ichiro at 2017-08-08 03:07 AM | Reply

#12
again...as someone said: she didn't bring it up.

#22 | Posted by ichiro at 2017-08-08 03:09 AM | Reply

"There is no requirement that the jurors stick around to talk to counsel."

Isn't jury duty punishment enough?

#23 | Posted by snoofy at 2017-08-08 03:11 AM | Reply

#13
that's because EVERYONE has a race, a location, and a bias.

are you suggesting juries in DC have more?

#24 | Posted by ichiro at 2017-08-08 03:11 AM | Reply

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