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Appeal to authority

Everyone is entitled to an opinion. Opinions are like backsides. Everyone has one. However, before having your opinion published in a newspaper, one would think that you would at least like to have some degree of expertise on the subject matter.

A recent guest editorial by Frans Bicker Caarten claiming that the criminal prosecution of Donald Trump in New York was “constitutional” and “therefore just” is no more valid or credible than the opinion of my 2-year-old grandchild on the theory of relativity. 

Is Mr. Caarten a member of the New York bar? Is he an expert on the Constitution and its intricacies? Is he familiar with New York criminal procedure? Is he familiar with New York’s model jury instructions for criminal cases? Is Mr. Caarten familiar with New York’s criminal statutes, rules of evidence or criminal procedure? Has he tried any criminal cases in New York? Has he even read the jury instructions that were used in the case? 



If the answer to each of these questions is no, then how is Mr. Caarten qualified to opine on what is constitutional or just and proper under the law? And why would The Park Record give him editorial space? If Mr. Caarten is a constitutional expert or learned criminal defense counsel, he should have said so.

Nowhere in his guest editorial does Mr. Caarten offer any legal authority for his assertion that the proceedings in New York comported with the Constitution or with the fundamental rights of a criminal defendant. 



I can only assume that this is because Mr. Caarten has nothing other than his naked, uninformed, politically biased notions to support his conclusions. I wonder what Mr. Caarten will say if and when the conviction is reversed on all counts? 

I will also say that should Mr. Caarten ever end up as a defendant in a criminal case in any jurisdiction, let’s hope that his constitutional rights are protected as they should be by any judge committed to justice over politics, and not simply dismissed so cavalierly.

Richard Hafets

Retired Attorney, Park City

Letter to the Editor

Appeal to authority

Opinions are like backsides. Everyone has one. However, before having your opinion published in a newspaper, one would think that you would at least like to have some degree of expertise on the subject matter.



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