Thursday, April 6, 2023

The real implications of the Trump prosecution

 

Karl Denninger points out that the New York District Attorney has stated only one element of the offense, but failed to make the case for any specific crime committed by President Trump.  In doing so, he's violated US law.  He goes on:


This act by the prosecutorial organs of NY State is just cause for an immediate national divorce.

This offense by the NY Prosecutor rises to that level because it is a clear demonstration that there is no longer Due Process of Law in America and that it stood for as much as ten seconds after issue without the FBI immediately taking the DA and judge into custody under 18 USC 242, a felony criminal statute, it is clear that such abuse is now permitted and perhaps even suborned by the United States Federal Government.

Understand what is at stake here: It is entirely reasonable that if "blank" indictments can issue in this nation against Trump that they can issue against anyone at any time for any reason without stating the elements of an actual criminal offense the accused allegedly committed.


There's more at the link.  Go read the whole thing.  It won't take you long.

That's the exact and literal truth.  Due process of law has been denied to President Trump in this case, and black-letter US law has been violated.  If this is allowed to stand, then the rule of law is over, over, OVER in this country - and we all know what that means.

As law professor Jonathan Turley points out:


The only crime that has been discussed in this case is an unprecedented attempt to revive a misdemeanor for falsifying business documents that expired years ago. If that is still the basis of Thursday’s indictment, Bragg could not have raised a weaker basis to prosecute a former president. If reports are accurate, he may attempt to “bootstrap” the misdemeanor into a felony (and longer statute of limitations) by alleging an effort to evade federal election charges.

While Trump will be the first former president indicted, he will not be the last if that is the standard for prosecution.

. . .

There are reports of 34 counts of business record falsification. But multiplying a flawed theory 34 times does not make it 34 times stronger. Serial repetition is no substitute for viable criminal charges.

. . .

Bragg had a choice to make. He cannot be the defender of the rule of law if he is using the legal process for political purposes.


Again, more at the link.

Sadly, it looks as if DA Bragg has, indeed, made his choice - and it's to play politics rather than apply the rule of law.  He's effectively co-opted the jury box into the party political system.  Given that the ballot box is now deeply suspect, and the soap box is censored for anyone except those in lockstep with the powers that be, it leaves only one of the four boxes available to the rest of us to deal with this mess.

Peter


8 comments:

McChuck said...

Democrats don't care one whit about "the rule of law." They only care about the law to rule.

Anonymous said...

I do not understand why people are surprised by this?
Have you not been paying attention?
Did you miss THE WHOLE FUCKING COVID SCAM?!?!?!?

Grok what I am saying... these people want you dead! Get your fucking head around that!!! Fast! They really honestly and truly want you to just die and go away, because they don't like your political beliefs, and are convinced the climate change scam is real (or are psycopaths just playing along).

Mind your own business said...

Based upon my law school experience, I'd guess that these "social justice" Soros-approved DA's are probably not particularly good lawyers and didn't do very well in law school.

That kind of personality didn't generally study the material in Crim Law or other relevant classes, but spent most of their energy arguing why the law was "wrong." They joined NLG and wasted a lot of time in political bullsh*t sessions. They got their jobs because of political connections, not because government entities hire the most qualified candidates.

These legal inadequacies of the charges would seem to support my view.

JG said...

It is clear that the Dems are using Law to rule in politics and this will lead to CW2.

MrGarabaldi said...

Hey Peter;

And with New York City being a deep Blue city in a blue State, President trump WILL NOT get a fair trial, it will be a Kangaroo court, where he will be guilty before he even gets to the table and they will not change the venue. The Rule of Law is dead, and they are going after the guy that did the "Hillary voters vote here" thing 7 years later...But Hunter Biden and his Laptop, and his error filled Firearms form 4473 and the Clinton Crime syndicate continue on its merry way unscathed...

2DollarElvis said...

@mind your own business, I'm of the same opinion that there's little substance to these folks.

I've got a legal question for you. I'm just looking for a rough estimate, but in your opinion, what might the sentencing be for the crime their alleging someone of the stature such as a former president? Fines? A month in jail? Seems to me President Trump has likely weathered worse.

And suppose he does get charged. That sets a legal precedent to prosecute a former president for financial fruad doesn't it? And what might happen after Mr. Biden leaves offices?

Lawfare is a long game...

Quentin said...

You're being played. This prosecution isn't about convicting Trump - though that would be a bonus - but getting him to be the Republican nominee rather than someone more sensible like Nikki Haley.

Oh, Biden won't have to worry about being prosecuted - he won't be mentally fit. And because Republicans have been playing that up for some time they won't be able to contest it.

Sentenza said...

@MrGarabaldi

This trial should not take place in a venue there. I saw a clip of Alan Dershowitz where he brought up the point that this prosecutor was elected with a campaign promise to charge Trump. Generally, jurors and registered voters are pulled from the same pool of people. In a sane world, that would be prima facie evidence for dismissal or a change of venue.

Trump has been under investigation by the left for seven years or so. The guy has to either have dirt on basically everyone or he's the cleanest person to ever run for office.