WHAT EXACTLY IS “PROOF?”

The Right Side

By J Gary Dilaura

There are all kinds and degrees of “proof,” or evidence. Some is circumstantial, other is personal knowledge. There’s physical proof like fingerprints, DNA, blood, shoe prints, tire tracks, photo/video, wiretaps and much more.

As investigators, we oftentimes “over investigate” and even with a preponderance of proof, still sometimes second guess ourselves! There’s direct evidence, and then there’s circumstantial. It can be pretty confusing as well. Don’t think so? What’s your date of birth? Is that personal knowledge or circumstantial? Do you remember your birth, the doctor, nurse or did someone tell you? It’s circumstantial!

In a civil matter, the amount of proof to win a case is much less than a criminal case. Why? Because we are taking away someone’s constitution rights and/or their life, not just money!

People allow themselves to become confused when they allow “feelings, beliefs or opinions” to cloud their thinking, setting aside the facts. Global warming is a good example! There may be climate change, even warming, but first, it is mathematically impossible to declare there’s global warming based upon the data available, period! Second, there simply is NO evidence that man could possibly have any impact on climate change, hot or cold! Now if you want to take data collected in the United States for the past 20 years and apply it to the entire world, which is +/- 4 billion years old, and make general conclusions and predictions, go ahead, Al Gore did! Did the glaciers melt in 2015, as Gore predicted?

In our legal system, specifically criminal law, you hear phrases like “beyond a reasonable doubt” and “probable cause.” What do they mean? They are based in “reasonableness”, that is, “what would a reasonable person believe?”

Probable cause (PC) is what is necessary to obtain a warrant; for search, seizure, or arrest. For example, there may be enough reason to believe that there is “evidence” hidden in a locker or that this person committed the crime… BUT there may not be enough to convict in a court of law! So the law allows for hearings and Grand Jury proceedings to “gauge” and rule on the evidence before trial. Beyond a reasonable doubt is the basis for a trial conclusion.

Now let’s get back to common sense, day to day proof without “opinion” or “political correctness.” Let’s say you, your wife and teenage son live in your safe and secure home and coins from your coin collection, which you tend to regularly, are missing. There’s neither housekeeper nor anyone else with access to your home. Who did it? We both know, don’t we? Is there PC to discipline your kid? Ask my son!

Here we have a lawyer, Governor Cuomo, who was personally involved in the negotiation of a deal for the state of NY to receive millions of dollars from the Seneca’s, in return for allowing them to use city of Niagara Falls property FREE, without paying taxes. This lawyer and his team of lawyers who reviewed the new 20 year contract, which sole purpose is to ensure that the state of New York receive its previously agreed upon share of the casino revenue, “forgot” to put THAT in the contact?!

I don’t think so! I believe it was intentional!! Unless, of course, you believe the governor and his entire legal staff are all inept, and have the IQ of fish… that may be true but is that reasonable? How could that happen, you say?

They no more forgot to do it than Hillary “forgot” that she received instructions from two FBI agents, regarding the handling of classified government documents and signed the same NON Disclosure Agreement that was read to her!

Regarding the Governor, there could be a lot of reasons… it could be hundreds of thousands or maybe even millions of reasons, but I believe it’s ALL intentional and in need of a “criminal” investigation and not a “civil” one.

What can we do? Well, if I was mayor, I would shut down the casino! Let’s see how long they would allow 3.5 million PER DAY slip through their fingers! How? I would look for all those water leaks that plague the city in the streets at all the ingress and egress points to the casino and their illegal gas station! I would keep the “digs” open and protected by a police car at each spot to make sure nobody falls into the openings or tries to damage property by going around the barricades! I would shut off the water at various times while we do tests… may take an entire day… several days… maybe weeks… who knows? I have the guts to do that, believe me. Does Dyster?!!

Let’s get back to the area of PC… what a reasonable person would believe. Is it reasonable that Cuomo and his lawyer staff forgot to include the sole, freaking purpose for the contact?? If they did, then that must certainly be grounds for impeachment; total negligence, and a total disregard for the people of NY State!

Is it reasonable that Hillary forgot the training she received the day she was sworn in as Secretary of State?

Most people have never been involved in a criminal trial and that is a good thing. Having been involved in many, I can say firsthand what is a preponderance of evidence and what is not. For example, what President Trump said about Obama and his birth place is 100% correct and not a false “birther” issue like the press made up. The evidence that Obama was not born in the US is absolute and conclusive! I have seen people convicted of murder… with less evidence. Obama should also be charged with many criminal violations including falsifying official government documents, to gain personal wealth, T18 Sec 1001,et al.

Also, there is PC to believe that most of Hillary’s staff committed numerous serious crimes, and there is sufficient PC, right now, to obtain arrest warrants for Uma Abedine, Cheryl Mills, Sullivan, Podessa as well as Pagliano (the server creator), without any further investigation!

The MIT genius Jonathan Gruber admitted on live TV that he lied to the American people (who are too stupid to understand Obamacare, his words), in order to pass the bill that would not have been passed otherwise (his words) and received over $1 million for his efforts. That is a confession… that’s prima facie evidence that he committed wire fraud in the least and many other crimes in the most!

It’s okay and even good to have an opinion, I even have a few myself, you may have noticed! BUT ask yourself this question, after you have listened to the facts presented by a law enforcement official, forensic examiner, scientist or otherwise honorable person, but NEVER a “News” reporter… “What is reasonable”?

PS; I’m NOT a reporter! I’m an Op-ed Columnist and this is my opinion!!