Dear Editor:
When I ran for the Montana Supreme Court in 2014, my opponent was Jim Rice, the incumbent. He knew that I supported the rights of juries to protect their fellow citizens from government over reach by not enforcing unfair or unjust laws against them. People like Rice call this jury nullification, and he also referred to it as a subversion of democracy. Obviously, progressive thinkers like Rice believe there is almost something sacred about a democracy involving large groups of people that can be easily manipulated.
In a 12-person jury, democracy also exists. However, in a criminal trial jury, a single individual exercising her or his inalienable right can vote against the majority and hang the jury up.
Progressives cannot tolerate a situation where a single individual can exercise so much power. Russ Fagg, a lawyer and former trial court judge, is one of those people. I understand that he has taken political donations from progressives from both major political parties.
The late U.S. Supreme Court justice Antonin Scalia was clear about the right of criminal juries to engage in jury nullification. Dr. Al Olszewski supports this right also. For liberty and justice for all, vote for Dr. Al Olszewski for U.S. Senate.
Dr. W. David Herbert ESQ
Billings
