In our view, there exists no event in our contemporary Nation, nor perforce, in its history, comparable to the subject of the present January 6 hearings. An unthinkable attempt to overthrow our government, by thousands of angry, violent and tactically, misled citizens, initiated and supported by a former President of the United States, (pathologically) denying the reality of his re-election loss, is nothing short of a major theatrical presentation, of a bizarre, tragic-comedy.

The totally, entranced audience, for the presentation of this buffo, televised, national “theater,” is the American public, itself, which, having, fortuitously, witnessed (by T.V.), much of the relevant criminality, in its actual commission, is now in attendance, upon whether our former, miscreant Chief Executive, his co-conspirators and the financers of the treasonous insurrection, as well as its violent, participants will, as appropriate, be brought to justice.

The use as witnesses, factual as well as expert, is in superabundance, include, politicians, professionals, law enforcement personnel, clerical, military, psychological, and technical witnesses. The evidentiary documents, many, in the nature of emails, twitter and other communication facilities, are, numerically, beyond empirical calculation. Numerous witnesses, ranging from select members of the cabinet and other influential politicians to the local constabulary, have already given testimony, or are awaiting doing so, before the special legislative, bi-partisan panel.  

The enormity of the criminality, which consisted of a (vicious) frontal attack upon the efficacy of the American vote, posed an obvious and existential threat to the continued existence of our republican democracy. The proceedings are indisputably, justified and responsibly, appropriate. The theme of this writing, usefully, (once more) based on a Lewis Carroll creation, relates to our observation, that the subject proceedings, albeit responsible and necessary, appear, from any clear, standpoint of, normality, to analogously, evince a marked, “Through the Looking Glass,”  procedural, eccentricity.   

Readers with any familiarity, professionally, or otherwise, with the regular procedure of American criminal trials, may also agree with us that there is a distinct, discernable and bizarre, Lewis Carroll, unreality, evinced in the nuanced and highly unusual, arranged order of the subject proceedings.

Every criminal trial, from the inception, of American criminal jurisprudence, to date, has proceeded, on the legally, mandated presumption, that the accused is completely innocent, and that it is the specific burden of the prosecution,( federal, state or other tribunals) to prove him, otherwise, viz., guilty, “beyond a reasonable doubt.” American jurisprudential philosophy has eternally, prided itself in its exaltation of the protection of the innocent, responsibly, above the conviction of the guilty.

Accordingly, the prosecution, predictably, and will have thoroughly, investigated all of the relevant facts, to determine the propriety of its official filing of criminal charges, against the accused. Should criminal charges be warranted by the facts, the accused will be remanded to trial, respecting which, the accused may demand a jury, arbitrarily, drawn from the public; before which, the prosecution is taxed with the aforesaid, heavy burden of proof. It is only if twelve jurors, (representing the public) unanimously, agree, that the asserted charges have been proven, “beyond” such “reasonable doubt,” that the guilt of the accused thereby, determined; otherwise, he is entitled by law, to be, acquitted.  

The uniquely, bizarre procedural, phenomenon, of the January 6th hearings, is demonstrated, by the fact that the relevant criminal events, which provide the necessary basis for the prosecution, have already been proven to the public (jury), having viewed them, in real-time, on television; contrasted with the normal trial, where the prosecution has the factual burden of proof, to the jury. The “Looking Glass,” analogy is prompted, by the apparent, reversal of normal procedure, i.e., the unusual effort, by the government (prosecution) to justify, itself,( as opposed to a jury), that a judgment of criminality, is factually, and justly, warranted, following, and despite, the public’s, undeniable, visual proof of the crimes, “beyond a reasonable doubt.”

Only the “Mad Hatter,” from Carroll’s, “Alice in Wonderland,” could have acceptably, comprehend the condign rarity, of such procedurally, skewed and reversed, mirror- image of normality.


* Once again, thanks to Lewis Carroll for the title and its underlying conceit.      

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Retired from the practice of law'; former Editor in Chief of Law Review; Phi Beta Kappa; Poet. Essayist Literature Student and enthusiast.

One thought on “Post # 819   THROUGH THE LOOKING GLASS*”

  1. If a defendant is not found guilty or not guilty by unanimous decision of a jury, he would have a hung jury and would be subject to a retrial.


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