Armstrong Williams: Marilyn Mosby’s alternative facts | STAFF COMMENTARY

Marilyn Mosby, the former state’s attorney for Baltimore City, is seeking a pardon from President Joe Biden.

She fantasizes that her indictments, prosecutions and convictions on two counts of perjury and one count of mortgage fraud were born of political or racial animosity that allegedly earmarked the Republican Trump administration. She believes this — as do organizations that should know better, including the NAACP — despite the cases against her having proceeded under a Democratic U.S. Attorney for the District of Maryland, and a Democratic-nominated judge, who granted her request to change venue in her two jury trials from Baltimore to the courthouse in predominantly Democratic and Black, Prince George’s County.

Additional fact: She asked for an investigation against her.

Ms. Mosby can be called to the witness stand against herself.  On July 23, 2020, she asked the Baltimore City’s Inspector General’s Office to open an investigation into her travel and financial disclosures, which were under fire: “I am therefore asking you — an independent authority — to investigate my financial disclosures and travel. I am willing to share with you any and all documentation you request, including bank account statements, credit card statements, and inner-office financial ledgers.”

The invitation may have been directed toward the city’s IG, but it was heard by all applicable law enforcement agencies, including at the federal level. In other words, after thrusting herself into the investigatory limelight, she is complaining about the culmination of her own handiwork.

Ms. Mosby’s political persecution theory enters the domain of the preposterous. The United States Attorney in Maryland, Erek L. Barron, is a Democrat appointed by President Joe Biden and confirmed by the United States Senate. Maryland is an overwhelmingly Democratic State. Its governor is a Democrat. Its two United States Senators are Democrats. Its eight-member congressional delegation is Democratic with one exception. Jury pools are predominantly Democratic in Maryland. Judge Lydia Kay Griggsby, the federal judge presiding over the Mosby prosecutions, is a Biden-appointed federal judge. To borrow from former Democratic presidential candidate Walter Mondale, “Where’s the beef,” Ms. Mosby?

She is a seasoned attorney.  She knows the multiple constitutional safeguards that protect against injustice: proof of guilt beyond a reasonable doubt, jury unanimity, the privilege against self-incrimination, the right to confront your accusers, an impartial judge, and a prohibition on racial or gender discrimination in jury selection.  Indeed, the Constitution posits that it is better that some guilty should go free than to convict the innocent. Armed with these procedural protections, Ms. Mosby was convicted beyond a reasonable doubt by two separate juries. She may attack her convictions on appeal or in collateral proceedings.

She decrees, however, that she is innocent. But there would be no criminals if they could be judges in their own cases. Her protestation is reminiscent of President Richard Nixon’s, “I am not a crook,” and former Maryland Governor and Vice President Spiro Agnew’s repeated denials of bribe-taking.  Law is not like Lewis Carroll’s “The Hunting of the Snark” where whatever the Bellman says “three times is true.”

Ms. Mosby argues: “I’ve been accused of doing something that I have not done. I’m innocent. I’m facing 40 years for withdrawing funds from my retirement savings. The United States government, a global superpower, is actually coming for me. This is all related to this prior administration. Who has the power now to do something about that is this administration.”

Ms. Mosby takes “alternative facts” to a new level. She had full opportunities to establish her innocence before two impartial juries and failed. She is not accused— she has been convicted of two counts of perjury and one count of mortgage fraud. The investigation into her dealings might have begun under the Trump administration, but she was prosecuted by the Biden administration.  Her request for a pardon tacitly concedes her guilt.  Acceptance of a pardon is accepting that a crime was committed.

The NAACP’s letter to the White House, calling for Ms. Mosby’s pardon is equally embarrassing.  Among other things, the letter asserts, “Marilyn was denied due process; the opportunity to testify and present exculpatory evidence.” It speaks volumes, however, that no due process violations are identified. No proof is forthcoming that Ms. Mosby was denied an opportunity to testify in her own defense or otherwise present exculpatory evidence. The statements are sheer ipse dixit.

To believe Ms. Mosby and the NAACP, you would have to believe that the Biden administration conspired with its predecessor Trump administration and with a Democratic United States Attorney, a Democratic federal judge, and two Democratic juries to convict Ms. Mosby of concocted crimes because they were terrified of her progressive law enforcement views.

If you believe that, I have the Brooklyn Bridge to sell you.

The NAACP has tarnished its credentials by its eagerness to die on Ms. Mosby’s hill.  There are genuine cases of injustice, but Ms. Mosby’s is not one of them.

Armstrong Williams (awilliams@baltsun.com; @arightside) is a political analyst, syndicated columnist and owner of the broadcasting company, Howard Stirk Holdings. He is also part owner of The Baltimore Sun.