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Harold Fjord
Jan 3, 2004
Probation
Can't post for 3 days!

Devor posted:

I'm interested to hear the new jurisprudence where you can invoke the 5th amendment without showing up when subpoenaed

You are trying to make the argument fit a context that was deliberately excluded for pedantic jokery. Of course it doesn't.

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Blue Footed Booby
Oct 4, 2006

got those happy feet

Devor posted:

I'm interested to hear the new jurisprudence where you can invoke the 5th amendment without showing up when subpoenaed

If you think big-dick was being serious then you need to turn in your posting permit.

Main Paineframe
Oct 27, 2010

Judge Schnoopy posted:

I think everybody is a little frustrated at this point, having watched the committee spell out clear and public crimes all summer and fall, only to have Trump declare his candidacy for president again.

The only consequence of any of this so far is what, 4 months of Bannon in jail for contempt?

It's infuriating. Many shitposters dropped into this thread to tell us nothing was actually going to happen and we held on to hope anyway. The evidence was too strong, the public was too informed, the committee was too targeted on Trump himself for any of this to simply blow over.

But the guy is a presidential candidate right now. What the gently caress.

Even if they threw him in jail, whether for contempt or for crimes, he'd still be able to run for president. It is, by design, extremely difficult to revoke a person's ability to run for president. The very few clauses that could potentially do it are very narrowly defined, and extremely resistant to being stretched to anything beyond the exact set of circumstances they were written for.

I don't know what you were hoping for, but the J6 committee was never going to disqualify Trump from office. He'll remain an eligible candidate until the day he dies or wins a second term.

Jaxyon
Mar 7, 2016
I’m just saying I would like to see a man beat a woman in a cage. Just to be sure.

Cranappleberry posted:

a bunch of white conservatives did see consequences for Jan 6. Just not the wealthy or powerful ones.

This is not a disagreeing statement, just an extension.

Some, sure, but if it was a BLM protest that somehow decided to storm congress they'd have opened machine gun batteries on them, instead of just killing one crazy woman. I've seen people get similar charges to what these guys are facing from accidentally shoving a cop a street protest.

Judge Schnoopy
Nov 2, 2005

dont even TRY it, pal
Let me be clear, I'm big mad at the DOJ and, by extension, Biden for not pushing them hard enough. I know Jan 6 Committee can't actually do anything besides recommend a law against encouraging political violence. But the volume of evidence they've collected and shared with the DOJ seems to be more than plenty to have made these moves months ago.

Stolen documents? Oh that's a 12 month ordeal minimum! But hey we got the docs back and that's what really matters right?!?

BiggerBoat
Sep 26, 2007

Don't you tell me my business again.

Jaxyon posted:

Some, sure, but if it was a BLM protest that somehow decided to storm congress they'd have opened machine gun batteries on them, instead of just killing one crazy woman. I've seen people get similar charges to what these guys are facing from accidentally shoving a cop a street protest.

Oh god yes. Forget about it.

They'd still be scrubbing and bleaching blood off the Capitol steps if it went down like that. And talk radio would be stark raving mad about the BLM Soros Paid Antifa hordes who tried to overthrow the government and they all need to be prosecuted to the fullest extent of the law, along with any and all democrats, and hung for treason like the constitution says.

Murgos
Oct 21, 2010

DeadlyMuffin posted:

Aren't they capable of making criminal referrals, they've just decided not to?

A criminal referral just asks the DOJ to please start an investigation. The DOJ by several different sources is already investigating Trump in multiple areas. The fake electors, the documents, the DOJ IG stuff.

So, yeah, J06 will wrap up with a nice data package and a recommendation to refer Trump for charges. But that’s not actually going to impact what DOJ is already doing.

mdemone
Mar 14, 2001

Today the unclassified materials were "given back" to DOJ by the Special Master process. Any of the MAL document charges would have had to wait at least for that. It's possible something happens tomorrow or next week after 11C Appeals hears the arguments on 11/22, much more likely the latter.

BiggerBoat
Sep 26, 2007

Don't you tell me my business again.
So now we can get ready for two years of "The Deep State is trying to take me down because I'm running for President to MAGAGAgain" bullshit where everyone is paying attention to ME, Donald Trump, which is all he really wants but now if I pay attention to the news at all, this all I'm gonna loving hear and read about.

God I hate him.

Murgos
Oct 21, 2010

mdemone posted:

Today the unclassified materials were "given back" to DOJ by the Special Master process. Any of the MAL document charges would have had to wait at least for that. It's possible something happens tomorrow or next week after 11C Appeals hears the arguments on 11/22, much more likely the latter.

Dearie didn’t buy the “when I steal things they’re mine” defense? Well, Not surprising but I also won’t be surprised when Cannon stays that order.

The DOJ actually wrote, “To state Trumps argument is to refute it” in their brief because it’s inherently self contradictory.


Edit: A group of former prosecutors and defense lawyers (including at least one former US District Attorney) wrote a model prosecution memo laying out the public information for a case against Trump for the mar-a-lago documents.

https://www.justsecurity.org/wp-content/uploads/2022/11/just-security-mar-a-lago-model-prosecution-memorandum-november-2022.pdf

Murgos fucked around with this message at 13:23 on Nov 18, 2022

Automata 10 Pack
Jun 21, 2007

Ten games published by Automata, on one cassette

Judge Schnoopy posted:

Let me be clear, I'm big mad at the DOJ and, by extension, Biden for not pushing them hard enough. I know Jan 6 Committee can't actually do anything besides recommend a law against encouraging political violence. But the volume of evidence they've collected and shared with the DOJ seems to be more than plenty to have made these moves months ago.

Stolen documents? Oh that's a 12 month ordeal minimum! But hey we got the docs back and that's what really matters right?!?
They’re not ever going to convict a president for anything they do within the presidency. They will never open that Pandora’s box. You cannot have the most powerful leader in all of capitalism have their decisions be hindered by the potentially of their actions leading to that sort of consequence. That’s why Nixon resigned. That’s why Nixon got pardoned. That’s why they didn’t investigate Bush and Cheney.

Everyone’s just hoping that Trump can drag things out until a president pardons him or he dies.

Shooting Blanks
Jun 6, 2007

Real bullets mess up how cool this thing looks.

-Blade



Automata 10 Pack posted:

They’re not ever going to convict a president for anything they do within the presidency. They will never open that Pandora’s box. You cannot have the most powerful leader in all of capitalism have their decisions be hindered by the potentially of their actions leading to that sort of consequence. That’s why Nixon resigned. That’s why Nixon got pardoned. That’s why they didn’t investigate Bush and Cheney.

Everyone’s just hoping that Trump can drag things out until a president pardons him or he dies.

I'm trying to imagine any future president pardoning Trump. Desantis maybe, but I think the greater GOP just wants to memory hole Trump, and pardoning him just brings him back into the spotlight.

mdemone
Mar 14, 2001

Shooting Blanks posted:

I'm trying to imagine any future president pardoning Trump. Desantis maybe, but I think the greater GOP just wants to memory hole Trump, and pardoning him just brings him back into the spotlight.

Probably depends pretty strongly on what type of charges he catches. If it's just obstruction I could see an eventual pardon, if they get him on the espionage stuff it'll make him too radioactive to pardon. Maybe, who knows.

Charliegrs
Aug 10, 2009

Shooting Blanks posted:

I'm trying to imagine any future president pardoning Trump. Desantis maybe, but I think the greater GOP just wants to memory hole Trump, and pardoning him just brings him back into the spotlight.

DeSantis and Trump may not be getting along right now but in a future hell scenario of DeSantis being president I can totally see him pardoning Trump because it would be the most scumbag thing to do which is always DeSantis default position on anything.

Rigel
Nov 11, 2016

At the very least, we should expect ANY future Republican president to commute whatever sentence Trump might ever get. Keep the bad thing on his record especially if it prevents him from running again, but let him out of prison. Maybe after privately meeting with him to say "if you want out of prison, you need to publicly praise me from your cell and beg me for it first" to pre-emptively address any "but why no full pardon" complaints.

Heck Yes! Loam!
Nov 15, 2004

a rich, friable soil containing a relatively equal mixture of sand and silt and a somewhat smaller proportion of clay.
https://twitter.com/kyledcheney/status/1593677077827522567

Profiles in Courage

Rigel
Nov 11, 2016

Well, that is irritating. Better than nothing, I suppose.

The idea that Trump would never be criminally charged (which is not as popular of an opinion on this board than it once was, but some people still cling to it) was always stupid. It has been clear for a very long time that the DOJ was going to go after him, he was obviously going to be criminally charged at some point, the only question is finding a completely MAGA-less jury to convict him.

But using a special counsel is probably going to make this slower than we'd want. Garland is a coward who doesn't want to be accused of acting on a partisan grudge because the GOP denied him a supreme court seat, so he's washing his hands of it and letting someone else do it. Who knows, maybe the special counsel will move fast, but this might delay indictments for a while.

Rigel fucked around with this message at 20:01 on Nov 18, 2022

brugroffil
Nov 30, 2015


Pretty solid evidence absolutely nothing will ever come of any of this, lol

Leon Trotsky 2012
Aug 27, 2009

YOU CAN TRUST ME!*


*Israeli Government-affiliated poster

Special Counsels are for when the DOJ prosecuting someone may be a conflict of interest or seen as politically motivated.

That's why Ken Starr prosecuted Clinton instead of the AG. Even if Trump never announced he was running for President again, they probably would have done it. But. once Trump announced he was running it was basically inevitable.

Rigel
Nov 11, 2016

brugroffil posted:

Pretty solid evidence absolutely nothing will ever come of any of this, lol

No it isn't, not at all. There's a pretty obvious reason why Garland wouldn't want to be the one to make the decision, after the GOP blocked him from the supreme court.

If they weren't going to charge, they'd just simply say so.

Dr. Faustus
Feb 18, 2001

Grimey Drawer
It's being reported everywhere right now. Special Prosecutor for both the documents and the Coup.

NYT, WSJ, Politico, CNBC, USA Today, very quickly.

Automata 10 Pack
Jun 21, 2007

Ten games published by Automata, on one cassette
Lol, is that how they're going to scoot responsibility for not charging Trump?

Leon Trotsky 2012
Aug 27, 2009

YOU CAN TRUST ME!*


*Israeli Government-affiliated poster

Automata 10 Pack posted:

Lol, is that how they're going to scoot responsibility for not charging Trump?

It doesn't necessarily mean one thing or another. It was triggered by Trump announcing his campaign and not any specific evidence or desire to prosecute.

Whether Garland desperately wanted to avoid prosecuting Trump or absolutely wanted to nail him at any cost, this would have happened anyway once Trump declared.

It's "good" in the sense that it means that Garland doesn't want to just throw the whole case. But, it's not that significant on its own.

If the likelihood of prosecution was a 50 on a 100-point scale before, then it is a 51 today. It isn't really something you should be excited or worried about in terms of the likelihood of actual prosecution.

Ynglaur
Oct 9, 2013

The Malta Conference, anyone?
Announced on a Friday, which means the AG thinks it's bad news.

mdemone
Mar 14, 2001

Ynglaur posted:

Announced on a Friday, which means the AG thinks it's bad news.

That's because yesterday was the day they got back the docs from the SM process. Garland couldn't have done this until that was giving him cover.

Ynglaur
Oct 9, 2013

The Malta Conference, anyone?

mdemone posted:

That's because yesterday was the day they got back the docs from the SM process. Garland couldn't have done this until that was giving him cover.

Ah, fair enough.

mdemone
Mar 14, 2001

Ynglaur posted:

Ah, fair enough.

Obv it's still frustrating because they have to move so slowly, and no matter how much we know that intellectually, it still loving sucks.

selec
Sep 6, 2003

I just don’t see how a guy who used to work in a court that was under threat of military invasion if it ever tried to prosecute a U.S. service member has credibility to say they can prosecute a former president.

Like my man you spent many years laboring under an explicit understanding that fair and equal justice was off the table at the threat of violence from your employer. And you are here to prosecute a rich guy? In this economy?

Bar Ran Dun
Jan 22, 2006




It’s the correct way to do it even if it is irritating.

mdemone
Mar 14, 2001

selec posted:

I just don’t see how a guy who used to work in a court that was under threat of military invasion if it ever tried to prosecute a U.S. service member has credibility to say they can prosecute a former president.

Like my man you spent many years laboring under an explicit understanding that fair and equal justice was off the table at the threat of violence from your employer. And you are here to prosecute a rich guy? In this economy?

Well he was also an AUSA before that, and the head of DOJ Public Integrity. Dude has got a hell of a résumé.

selec
Sep 6, 2003

mdemone posted:

Well he was also an AUSA before that, and the head of DOJ Public Integrity. Dude has got a hell of a résumé.

For some values of “hell of a” sure. I am not impressed, but I’ve always felt prosecutors in the US are playing tee ball and pretending it’s the big leagues. Prosecuting rich people for crimes that didn’t victimize the rich is where you can impress me, and that’s a startlingly small roster.

mdemone
Mar 14, 2001

selec posted:

For some values of “hell of a” sure. I am not impressed, but I’ve always felt prosecutors in the US are playing tee ball and pretending it’s the big leagues. Prosecuting rich people for crimes that didn’t victimize the rich is where you can impress me, and that’s a startlingly small roster.

Can't argue with that.

At least this guy is young enough he won't pull a Mueller and age visibly in a Congressional hearing.

Xiahou Dun
Jul 16, 2009

We shall dive down through black abysses... and in that lair of the Deep Ones we shall dwell amidst wonder and glory forever.



brugroffil posted:

Pretty solid evidence absolutely nothing will ever come of any of this, lol

This is literally the next step in prosecuting him.

In as much as it means anything, it means it's more likely that he'll be prosecuted. But obviously a thing happened and that's somehow clear evidence that nothing is going to happen.

mdemone
Mar 14, 2001

Xiahou Dun posted:

This is literally the next step in prosecuting him.

In as much as it means anything, it means it's more likely that he'll be prosecuted. But obviously a thing happened and that's somehow clear evidence that nothing is going to happen.

This was also the point at which, if they were going to decline charges on either J6 or MAL, it would have happened.

Rigel
Nov 11, 2016

selec posted:

For some values of “hell of a” sure. I am not impressed, but I’ve always felt prosecutors in the US are playing tee ball and pretending it’s the big leagues. Prosecuting rich people for crimes that didn’t victimize the rich is where you can impress me, and that’s a startlingly small roster.

He literally has experience with prosecuting and securing convictions against American politicians, including a former governor. I'm.... kinda shocked. This dude might be one of the most qualified men in America to prosecute Trump.

mdemone
Mar 14, 2001

Rigel posted:

He literally has experience with prosecuting and securing convictions against American politicians, including a former governor. I'm.... kinda shocked. This dude might be one of the most qualified men in America to prosecute Trump.

Also he convicted a CIA agent of the same 18.793 charges Trump potentially faces.

Rust Martialis
May 8, 2007

by Fluffdaddy

(and can't post for 39 hours!)

selec posted:

I just don’t see how a guy who used to work in a court that was under threat of military invasion if it ever tried to prosecute a U.S. service member has credibility to say they can prosecute a former president.

Is this supposed to be logical or intelligible somehow? Its a total non-sequitur.

mdemone
Mar 14, 2001

I know that in many ways it's forbidden to be optimistic around here (which I continue to find ironic given my general sensibilities), but this is not the person you pick if you want to slow-play or quash or bury in a public report.

This guy has convicted a CIA agent of 18.793, and a sitting Governor. Oh and he's been AUSA for the ICC during Obama, now a special prosecutor in Kosovo, which means he's good at jumping into something ongoing and massive.

This is Garland calling in a big hitter and it'll give the executive branch political cover. It doesn't happen if they're planning to decline charges, they'd have done it today if that was the case, since they got back the documents yesterday.

It's going to happen but it'll stretch out through the beginning of the next Congress. But the special Counsel can tell Gym Jordan to gently caress off.

Charlz Guybon
Nov 16, 2010

Rigel posted:

He literally has experience with prosecuting and securing convictions against American politicians, including a former governor. I'm.... kinda shocked. This dude might be one of the most qualified men in America to prosecute Trump.
Which governor? For what?

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Rigel
Nov 11, 2016

Charlz Guybon posted:

Which governor? For what?

Governor McDonnell of Virginia, for corruption and bribery. He was convicted and sentenced to 2 years, but the Supreme Court later overturned it in that stupid case where they basically said it has to be absurdly blatant and obvious to convict a politician of bribery. (So now its hard to convict politicians for bribery unless they are as dumb as Blagojevich and plainly spell it out on tape)

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