Tilting at Windmills

David and Sarah examine the decision to not prosecute Andrew McCabe, the eye-opening interview Harvey ...

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David and Sarah examine the decision to not prosecute Andrew McCabe, the eye-opening interview Harvey Weinstein’s attorney gave, and answer which novels have most impacted them.

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  1. Token Liberal

    Great discussion. It turns out that a big part of my job is approving prosecutions. We often grapple with the tough cases. Our standard is, is there a reasonable likelihood of conviction. This way, we are not limited to just the slam dunks, but can try to avoid the sure losers. We are willing to swing and miss, but not when that miss is highly likely.

    As to proving a knowing lie, there is often other evidence to obtain that might be secret grand jury evidence that the public won't ever see unless there is a trial. Emails, texts, things on your hard drive or in the cloud. My guess is that they had some of that on Flynn, but that McCabe knew better than to create a digital record given his profession (but see Lisa Page and Peter Strzok). In any event, to prove that the lie was knowing, you are better off with as much other evidence beyond the lie itself that you can collect.

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    Joe Morgan

    I think your analysis of the Andrew McCabe situation is an example of what drives people crazy. There is a perception that when it comes to a favored member of the DC insiders club the DOJ will look for any reason they can not to prosecute. However if the attorneys on the case don't like you, they will find any reason the can to prosecute you. You did your "compare and contrast" with the Flynn case, but a better one would have been Papadopolous.

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    Matt Hannon

    Sarah How come you were labeled a CNN political commentator rather than Host/Editor of Advisory Opinions or The Dispatch when you appeared on Bill Maher's Real Time? Would have been a great plug for you all.

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    Merrijane

    Regarding the last little bit with Weinstein's lawyer ... my experience with family and friends who've dealt with sexual abuse suggests that many women are willing to victim blame if it protects the men they depend on and/or love. I think what she said is awful, but the last four years of politics has taught me that what I think is obviously wrong is not necessarily shared by a large portion of the population.

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    Pastorfbt

    So, David, military history. What did you think of Max Hastings' Vietnam book? As a 'Nam vet I was captivated by it, as with most of his works.

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    JDW

    This was a great podcast. I want to add that you underestimate whoever is doing your digital work on this podcast. David talked about a non-existent train (as far as we listeners could tell) and Sarah talked about her non-existent nasally voice and cold. So after an inauspicious start, you guys are really shining. I was telling myself how clear both your voices are as I listened this morning. So whoever this unsung hero is who does your audio, kudos!! I noticed it!

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