Tuesday, May 28, 2024

Violating the Sixth Amendment, three times

After hearing the prosecution's closing argument in Trump's Kafka case, Andrew McCarthy confirms what we all knew: Alvin Bragg is leaning on federal crimes he has no authority to prosecute:
Listening to the prosecution summation by Joshua Steinglass, it is quite amazing how explicitly the state is relying on violations of FECA as the “other crime” that Donald Trump was allegedly concealing by causing his business records to be falsified.

It is impossible to draw any conclusion other than that Manhattan district attorney Alvin Bragg knew that, as a state prosecutor, his enforcement of federal law would be incredibly controversial since he has no such authority; the federal agencies that do have such authority investigated Trump and opted not to prosecute; and to get this prosecution done, Bragg is simply making up his own version of federal law.

Bragg had the collusion of Judge Merchan, who allowed the state to get away with not putting the “other crime” in the indictment, and rejected defense attempts to force him to provide explicit disclosure pretrial. Prosecutors hid in the tall grass until summation and are now emphatically describing Trump as having blatantly violated federal campaign law.
The completely biased judge helped the prosecution by ignoring the law again with his "Pick your own crime!" approach to the New Law when Trump  - and only Trump - is on trial.  "Judge Merchan Violates the Constitution Again, Instructs Jury That They Don't Need to be Unanimous About Which Mystery Crime Constitutes the Legal Predicate for the Trump Prosecution."

Finally, the "adults are back in charge" Biden campaign apparently violated the law again with their little stunt with Robert DeNiro: "Yet Another Violation of Trump’s Constitutional Rights in the Bragg Case"
No sooner did I write this morning’s post on a violation of Donald Trump’s rights under the Sixth Amendment than we had a second violation of another of Trump’s rights under the Sixth Amendment.
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This is a nationally known celebrity acting as a representative of the president of the United States, at the very site of the trial, on the day before the jury will begin to deliberate, declaring that “everybody in the world” knows that the defendant is guilty and that he has previously gotten out of too many things. Sure, Trump has had his surrogates out there (including the speaker of the House), but the prosecution doesn’t have a constitutional right to an impartial jury; the defendant does. If this isn’t over the line, what is?

And here's Ben Shapiro on the Biden campaign and their silly demonstration:


5 comments:

Anonymous said...

Trump's Kafka case

After all, he is the world's biggest cockroach.

Anonymous said...

CBS News:
What happens if Trump is convicted in New York?

Each of the 34 felony falsification of business records charges that Trump is facing carries a sentence of up to four years in prison and a $5,000 fine.

Heh heh.

The dynamics at play in Trump's case make his sentence particularly hard to forecast.

Trump is being tried in New York state court, where judges have broad authority to determine when sentences are handed down after convictions and what exactly they will be, according to former Manhattan prosecutor Duncan Levin. That differs from federal court, where there's typically a waiting period between a conviction and sentencing.

Heh heh.

If Trump is found guilty, Merchan would have fairly wide leeway in determining a punishment, including sentencing Trump to probation or house arrest.
Levin said the option of confining Trump to his home, followed by a period on probation, might be appealing to Merchan, who has repeatedly indicated he's concerned about limiting a presidential candidate's ability to speak freely. Such an option would allow Trump to do interviews and access social media from his home.

Heh heh.

On May 6, Judge Merchan cautioned Trump that jail is not out of the question. "I want you to understand that I will, if necessary and appropriate," Merchan said.

It's a possibility that officials in state and federal agencies have begun preparing for, according to a New York corrections source, who said the Secret Service has met with local jail officials. As a former president, Trump is entitled to Secret Service protection for the rest of his life, wherever he happens to be. Behind bars, corrections officers would in turn be responsible for protecting those agents assigned to Trump.

Where Trump might serve any sentence jail or prison sentence is one of many factors that remains up in the air. Shorter sentences can be served at the city's Rikers Island Jail Complex, which has two wings that are typically used for high-profile or infamous inmates.

Heh heh.

"He could be remanded on the spot," former Manhattan prosecutor Duncan Levin said.

Heh heh.

Anonymous said...

Looks like the dingleberry finally made bail.

Anonymous said...

Awww, somebody missed me!


MAGA morons haven't been rooting this hard for something to be hung since Mike Pence.

Anonymous said...

Kafka 34, Trump 0