Interviews with numerous legal experts suggest that Colorado US Attorney Troy Eid misled reporters and diverged from state law when declining to prosecute any of the three men arrested in Denver for threatening to assassinate Democratic presidential nominee Barack Obama.
Eid, who was appointed by President George W. Bush in 2006, declined to prosecute the three men on charges of threatening to assassinate Barack Obama during his acceptance speech at the Democratic National Convention, saying that the suspects were "just a bunch of meth heads" and their words failed to meet the legal standard for "true threat."
"When you talk about threatening presidential candidates, there's a legal standard you got to meet," Eid told reporters. "It's got to be a credible threat as defined by the law. And that means that someone has a way to carry it out. And at this time we don't have sufficient evidence that there was a true threat."
He added, "They didn't reveal a plan" and characterized the alleged threats and assassination plot as merely "the racist rantings of drug users" and "one meth head talking to another about life."
But multiple legal experts interviewed by RAW STORY -- including criminal and constitutional law scholars, former Assistant US Attorneys and Denver-area defense lawyers also familiar with Colorado state law -- agreed that voluntary intoxication is not exculpatory and that such a claim, especially for a prosecutor, is unorthodox. While it may be presented in an effort to reduce a sentence after a conviction, experts say it is normally the domain of defense counsel.
"It's very unusual," says Scott Horton, a Columbia Law School professor who also writes for Harper's Magazine. "Basically, you have a US Attorney trotting out the sort of arguments that defense counsel makes on a plea for reduced sentencing."
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