The Dominique Strauss-Kahn Prosecution

Commentary by Dr. Gerhard Falk



The Persecution of DSK, the Bill of Rights, & the Gault Decision


     Few Americans know that our Constitution includes several amendments which reputedly guarantee the right of individuals to be free of government tyranny. These amendments include the 5th amendment, which guarantees the right to “due process” and prohibits forcing a defendant to incriminate himself. The 6th amendment guarantees the right to have a lawyer and the right to confront the accuser.

     In 1965, the U.S. Supreme Court in Gault vs. Arizona listed these rights and others. Included in that decision were the right to be notified of the charges against the accused, the right to appeal, the right to counsel, and the right to confront the accuser.

     None of these rights were accorded Dominique Strauss-Kahn when he was dragged from a French airplane on suspicion of sexual assault. Without a lawyer, without any means of defending himself, Kahn was thrown in jail at Riker's Island a notorious hellhole of a prison in New York.

     Kahn is of course not the only victim of these brutal procedures plainly prohibited by the 14th amendment to our constitution. Because few Americans know that we even have a constitution, the media version of our criminal justice system is widely accepted as legal and just. Yet, according to the media, anyone accused is therefore guilty and ought to be imprisoned without trial and without any means of defending himself.

     Large numbers of innocent Americans are therefore in jail, as prosecutors care only to incarcerate as many people as possible without regard to their guilt or innocence. In fact, it has been estimated that 600,000 of the 2 million now in our prisons are innocent.

     A majority of French citizens believe that the woman who accused Kahn of sexual misconduct is in the pay of the current president of France, who wanted to eliminate Strauss-Kahn from contending for election to the French presidency next year.

     It is a revolting scandal that the accuser of Kahn has a Jewish lawyer. Surely we were all taught as little children that a Jew does not defend those who accuse other Jews, and that no Jew denounces another Jew to the “Gestapo,” i.e. the police. Jews cannot expect a fair trial.  Strauss-Kahn, like so many other “prominent” Jews before him, earned the envy of the justice system's bureaucrats, who will “get the Jew” every time. A similar anti-Jewish cabal was promoted by the conviction of Lewis Libby, who was falsely accused of an offense openly admitted by a non-Jewish operative in the Bush administration.

     There are of course innumerable Americans who are not Jewish and who are also jailed without any defense and without regard to our constitution.

      From all this we learn that the United States is gradually becoming a police state whose citizens have become so accustomed to bowing like Chinese coolies to government that our children and grandchildren will never know what freedom was, as they will know liberty only as a form of rhetoric served up on Independence Day.

Shalom u’vracha.

Dr. Gerhard Falk is the author of numerous publications, including The American Criminal Justice System (2010).

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