A strange case out of Maryland is covered at NPR.
A little-noticed trial in Maryland could affect how many dirty tricks voters will see in the upcoming elections — things like anonymous fliers or phone calls telling people to vote on the wrong day, or in the wrong precinct, or that they can’t vote at all if they have an outstanding parking ticket. . . .
Two hours later, Schurick gave Henson the go-ahead to start making robocalls to about 110,000 registered Democrats in and around Baltimore. An unidentified female caller essentially said the election was over.
“I’m calling to let everyone know that Gov. O’Malley and President Obama have been successful. Our goals have been met,” the caller said in the message. “Relax, everything is fine, the only thing left is to watch it on TV tonight.”
In other words, don’t bother voting.
More from NPR:
“Still, Gilda Daniels, a former Justice Department official, thinks the Maryland case sends a strong message that such tactics are increasingly frowned upon.
“Even if [Schurick is] not found guilty, I think the fact that there has actually been a case brought of this type is a victory. If he’s convicted, then it certainly highlights it even more,” Daniels says.”
In other words, even if someone is found not guilty, this law professor finds it useful that they had to bear the burden of a criminal prosecution. That’s not the way the system is supposed to work. The power of criminal prosecution should not be exercised to send a message or just to bring a case for the sake of bringing a case. That isn’t justice. This is the same Gilda Daniles that played games with then Alabama Attorney General Bill Pryor, now on the 11th Circuit Court of Appeals. I cover her behavior in my book Injustice. I’ve learned that the current political leadership in Alabama, and Judge Pryor, have read the portions of Injustice that deal with Gilda Daniels, and they have adjusted their approach toward the Civil Rights Division accordingly. Here is one more example of the sort of abuse of power some are capable of. It isn’t the role of criminal prosecutors to bring cases just to send a message.