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V-Men
Aug 15, 2001

Don't it make your dick bust concrete to be in the same room with two noble, selfless public servants.

RoboChrist 9000 posted:

Even if he truly believed he had won the election, he would have broken the law by inciting an insurrection. Like the legal system does not, to my knowledge, grant exceptions for crimes committed in response to other crimes. If Trump was correct and the election was stolen from him, then it would not change the fact he broke the law. The only thing Trump's understanding of who won in 2020 changes is what, exactly, laws he broke, not whether or not he broke the law.

I think the case is pretty strong that his ellipse speech isn't protected by free speech based on the totality of the evidence, but again, it's not a slam dunk case and there's enough wriggle room that if a jury can't convict he'll see it as complete exoneration.

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slurm
Jul 28, 2022

by Hand Knit
Jefferson Davis was never convicted of anything!

Judge Schnoopy
Nov 2, 2005

dont even TRY it, pal

slurm posted:

Jefferson Davis was never convicted of anything!

And the confederacy lives on to this day. What a loving mistake that was. We probably shouldn't make that mistake again or chuds will be flying thin blue line and Trump flags 150 years from now.

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.



RoboChrist 9000 posted:

Even if he truly believed he had won the election, he would have broken the law by inciting an insurrection. Like the legal system does not, to my knowledge, grant exceptions for crimes committed in response to other crimes. If Trump was correct and the election was stolen from him, then it would not change the fact he broke the law. The only thing Trump's understanding of who won in 2020 changes is what, exactly, laws he broke, not whether or not he broke the law.

Most of the relevant laws they’re trying to charge him with, like anything with “conspiracy to” in it, specifically require “corrupt intent”. The prosecution has to actually show believed he was doing a crime and it’s been a major problem that he might have a legit defense of being too dumb.

So no, it actually matters a lot.

Grip it and rip it
Apr 28, 2020

Judge Schnoopy posted:

And the confederacy lives on to this day. What a loving mistake that was. We probably shouldn't make that mistake again or chuds will be flying thin blue line and Trump flags 150 years from now.

This guy hates flags!!

VitalSigns
Sep 3, 2011

Murgos posted:

The “why even have laws or processes? Just snatch people off the street when you’ve got some authority” people seem to be missing the point of why we don’t want Trump running things.

I don't think the discussion is over whether we should have laws at all or not, or whether we should just black bag people without due process.

Seems to me the discussion is over whether there actually is a process leading carefully and inexorably toward a conviction, or whether that's just cope for Trump continuing to walk around a free man and starting his reelection campaign >2 years after trying to overthrow the government despite years of being told the walls are closing in.

It's 2023, the first primaries are slightly less than a year away. When exactly is the vaunted process supposed to bear fruit? Before the primaries? After? Before the inauguration? By the end of Trump's second term? A posthumous conviction by historians?

Idk I know the myth of time and the long arc of history are the usual explanations for why things must wait for some ineffable Later, but man you know it kinda seems like this one's on a timer, what are we gonna do if Trump wins the presidency again. Does anyone in power have a plan for that, what happens to The Process then?

VitalSigns fucked around with this message at 16:46 on Jan 31, 2023

RoboChrist 9000
Dec 14, 2006

Mater Dolorosa

Xiahou Dun posted:

Most of the relevant laws they’re trying to charge him with, like anything with “conspiracy to” in it, specifically require “corrupt intent”. The prosecution has to actually show believed he was doing a crime and it’s been a major problem that he might have a legit defense of being too dumb.

So no, it actually matters a lot.

Conspiracy to incite a riot or insurrection isn't a crime if you believe it's in response to a stolen election? Like I'm not being facetious here, I'm genuinely asking. Because my understanding is that vigilantism is illegal even when it is correct. If you believe your neighbor to be a pedophile, correctly, and so beat the poo poo out of him when you see him speaking to a child, that's still a crime as I understand it.

If the 2020 election was stolen, the correct response is not to incite a violent uprising or to try and bully governors into fabricating votes.

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.



RoboChrist 9000 posted:

Conspiracy to incite a riot or insurrection isn't a crime if you believe it's in response to a stolen election? Like I'm not being facetious here, I'm genuinely asking. Because my understanding is that vigilantism is illegal even when it is correct. If you believe your neighbor to be a pedophile, correctly, and so beat the poo poo out of him when you see him speaking to a child, that's still a crime as I understand it.

If the 2020 election was stolen, the correct response is not to incite a violent uprising or to try and bully governors into fabricating votes.

I know more about the seditious conspiracy charge because that seems to be the most primary, but at least going by any of the actual lawyers I've read/listened to : yes. "I legit thought the election was stolen" could be a valid defense in court, and he could try to show that it was a sincere belief (because he's a dumb dumb). The line wouldn't be "...and therefore we went to war with the federal government" it would be how they tried to do things legally and things aww shucks happened to get out of hand.

It's why having all of the testimony of people in the White House has been so important because now we have direct evidence that Trump knew he lost and was doing it anyway. It's why we've been dicking around for this whole investigation, because it's actually necessary.

The big reason why I have no patience for the "nothing matters" crowd is that in general they have no clue what's actually going on with the investigation and haven't even bothered to look at the (publicly available) legal code or watch an interview with an actual lawyer going through things ; it's a frustrating conversation because even if it's a good faith position it's inherently couched in ignorance and incredulity rather than actual nuance.

Dr. Faustus
Feb 18, 2001

Grimey Drawer

Xiahou Dun posted:

The big reason why I have no patience for the "nothing matters" crowd is that in general they have no clue what's actually going on with the investigation and haven't even bothered to look at the (publicly available) legal code or watch an interview with an actual lawyer going through things ; it's a frustrating conversation because even if it's a good faith position it's inherently couched in ignorance and incredulity rather than actual nuance.
Every time I start to get bent out of shape over this I'm gonna remember this sentiment.

ben shapino
Nov 22, 2020

Xiahou Dun posted:

I know more about the seditious conspiracy charge because that seems to be the most primary, but at least going by any of the actual lawyers I've read/listened to : yes. "I legit thought the election was stolen" could be a valid defense in court, and he could try to show that it was a sincere belief (because he's a dumb dumb). The line wouldn't be "...and therefore we went to war with the federal government" it would be how they tried to do things legally and things aww shucks happened to get out of hand.

It's why having all of the testimony of people in the White House has been so important because now we have direct evidence that Trump knew he lost and was doing it anyway. It's why we've been dicking around for this whole investigation, because it's actually necessary.

The big reason why I have no patience for the "nothing matters" crowd is that in general they have no clue what's actually going on with the investigation and haven't even bothered to look at the (publicly available) legal code or watch an interview with an actual lawyer going through things ; it's a frustrating conversation because even if it's a good faith position it's inherently couched in ignorance and incredulity rather than actual nuance.

Scanning post for evidence of something mattering. 0 results detected.

(USER WAS PUT ON PROBATION FOR THIS POST)

mutata
Mar 1, 2003

Xiahou Dun posted:

I know more about the seditious conspiracy charge because that seems to be the most primary, but at least going by any of the actual lawyers I've read/listened to : yes. "I legit thought the election was stolen" could be a valid defense in court, and he could try to show that it was a sincere belief (because he's a dumb dumb). The line wouldn't be "...and therefore we went to war with the federal government" it would be how they tried to do things legally and things aww shucks happened to get out of hand.

It's why having all of the testimony of people in the White House has been so important because now we have direct evidence that Trump knew he lost and was doing it anyway. It's why we've been dicking around for this whole investigation, because it's actually necessary.

The big reason why I have no patience for the "nothing matters" crowd is that in general they have no clue what's actually going on with the investigation and haven't even bothered to look at the (publicly available) legal code or watch an interview with an actual lawyer going through things ; it's a frustrating conversation because even if it's a good faith position it's inherently couched in ignorance and incredulity rather than actual nuance.

Sure, but, like, what's your definition of "mattering" here?

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.



mutata posted:

Sure, but, like, what's your definition of "mattering" here?

See, that's why I semi-sarcastically asked that question.

What is the point of this discussion about whether something "matters"?

Obviously I hate Trump and want him to face severe repercussions for his actions. But his crimes are unique for a variety of reasons and prosecuting a former president who is actively trying to run for a second term is a very complicated and hard problem without precedent in the justice system. It exposes a bunch of flaws, both the kind that people have known about for ages and completely novel ones, and we don't have solutions to this.

But actually fixing problems means we have to know what's going wrong. Throwing your hands up and shouting, "None of this matters!" isn't helpful. Even if the solution is to burn the whole system down and make a new one, we still need to understand what went wrong if we're to not repeat the same mistakes.

When I asked the "nothing matters" crew what mattering meant, all I got was a bunch of snarky rephrases that were equally weaselly and undefined. "Trump needs to face consequences" doesn't mean anything for how we actually fix the problem. Everyone defaulted to saying "You know what I mean, 'consequences'." No, I loving don't know, define your terms. They're your terms.. Is that going to prison? House arrest? You wanna bring back the pillory?

Asking someone to clarify their intent shouldn't be a gotcha question.

7c Nickel
Apr 27, 2008
An additional thing is that the "Nothing Matters" crew has made confident predictions that were proved completely wrong, and then just kind of... skipped over that with no reflection on whether that reflected poorly on their model of the world.

mutata
Mar 1, 2003

7c Nickel posted:

An additional thing is that the "Nothing Matters" crew has made confident predictions that were proved completely wrong, and then just kind of... skipped over that with no reflection on whether that reflected poorly on their model of the world.

This is called a Strawman.

7c Nickel
Apr 27, 2008

mutata posted:

This is called a Strawman.

Do you actually want me to trawl through old threads to find a dozen "Pelosi will never impeach Trump, this is all theater nothing matters lol" posts? Or "The committee will never recommend charges." posts? These are things anyone with a working memory can recall pretty easily.

GlyphGryph
Jun 23, 2013

Down came the glitches and burned us in ditches and we slept after eating our dead.

Xiahou Dun posted:

But actually fixing problems means we have to know what's going wrong. Throwing your hands up and shouting, "None of this matters!" isn't helpful. Even if the solution is to burn the whole system down and make a new one, we still need to understand what went wrong if we're to not repeat the same mistakes.

When I asked the "nothing matters" crew what mattering meant, all I got was a bunch of snarky rephrases that were equally weaselly and undefined. "Trump needs to face consequences" doesn't mean anything for how we actually fix the problem. Everyone defaulted to saying "You know what I mean, 'consequences'." No, I loving don't know, define your terms. They're your terms.. Is that going to prison? House arrest? You wanna bring back the pillory?

Asking someone to clarify their intent shouldn't be a gotcha question.

Oh, gently caress off, I gave a clear set of definitions, no snark, no weaseling, and you completely ignored them, and I explicitly included evidence for any kind of major systemic reform that would reduce the chance of this happening again as "mattering" so your bullshit claim that we should be focusing on fixing the problems is even more asinine as a counterpoint.

(USER WAS PUT ON PROBATION FOR THIS POST)

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.



GlyphGryph posted:

Oh, gently caress off, I gave a clear set of definitions, no snark, no weaseling, and you completely ignored them, and I explicitly included evidence for any kind of major systemic reform that would reduce the chance of this happening again as "mattering" so your bullshit claim that we should be focusing on fixing the problems is even more asinine as a counterpoint.

Gender-neutral version of sir, I think you might need to do a better job reading usernames.

Xiahou Dun fucked around with this message at 02:57 on Feb 1, 2023

nine-gear crow
Aug 10, 2013

7c Nickel posted:

Do you actually want me to trawl through old threads to find a dozen "Pelosi will never impeach Trump, this is all theater nothing matters lol" posts? Or "The committee will never recommend charges." posts? These are things anyone with a working memory can recall pretty easily.

At it's most elemental level though, the point of "the mattering" is the moment when Donald Trump will irrevocably be unable to cause any more harm to the United States and by extension the entire planet Earth and no law enforcement entity in the US or abroad appears, at this moment still, ready, willing, or able to make that moment a reality. So the real "mattering" moment remains and has a very strong chance of remaining "the moment Donald Trump dies of natural causes" and nothing less.

Xand_Man
Mar 2, 2004

If what you say is true
Wutang might be dangerous


TBF the events of the past couple years can't be great for his ticker

alf_pogs
Feb 15, 2012


Xand_Man posted:

TBF the events of the past couple years can't be great for his ticker

his general physical condition is so absolutely bizarre to me that i wouldn't be surprised if somehow he's stronger, like a saruman or something

Fuschia tude
Dec 26, 2004

THUNDERDOME LOSER 2019

nine-gear crow posted:

At it's most elemental level though, the point of "the mattering" is the moment when Donald Trump will irrevocably be unable to cause any more harm to the United States and by extension the entire planet Earth and no law enforcement entity in the US or abroad appears, at this moment still, ready, willing, or able to make that moment a reality. So the real "mattering" moment remains and has a very strong chance of remaining "the moment Donald Trump dies of natural causes" and nothing less.

Assuming you're not implying they should effect the latter, that's because "no law enforcement entity in the US or abroad" has such a power. There is no prosecutorial way to prevent Trump from getting elected again, except to indict and convict him on treason. Which is something that basically no one ever gets charged with, let alone found guilty, because it's effectively impossible to convict for treason under the US Constitution, by design.

Grip it and rip it
Apr 28, 2020
to much q_q-ing about "mattering" it's easy to see why the fascists keep winning

UGH NO ONE IS COMING TO SAVE ME!!! WE HAVE TO DEAL WITH PROBLEMS OURSELVES!11 WAHHHHHh

mutata
Mar 1, 2003

Fuschia tude posted:

Assuming you're not implying they should effect the latter, that's because "no law enforcement entity in the US or abroad" has such a power. There is no prosecutorial way to prevent Trump from getting elected again, except to indict and convict him on treason. Which is something that basically no one ever gets charged with, let alone found guilty, because it's effectively impossible to convict for treason under the US Constitution, by design.

Welcome to Team Nothing Matters, then!

(USER WAS PUT ON PROBATION FOR THIS POST)

Fuschia tude
Dec 26, 2004

THUNDERDOME LOSER 2019

mutata posted:

Welcome to Team Nothing Matters, then!

Uh, if for some reason I decided to adopt your bar of "Donald Trump is dead or tried and convicted of treason by the DOJ", sure.

Why is that the one and only definition of The Mattering you will accept

mutata
Mar 1, 2003

I will accept the below definition of mattering. If you're telling me that there's no chance in hell of this happening, then you and I are in agreement.

The real question is why would ANYONE accept anything less than this? Pretty silly stuff!

nine-gear crow posted:

At it's most elemental level though, the point of "the mattering" is the moment when Donald Trump will irrevocably be unable to cause any more harm to the United States and by extension the entire planet Earth and no law enforcement entity in the US or abroad appears, at this moment still, ready, willing, or able to make that moment a reality. So the real "mattering" moment remains and has a very strong chance of remaining "the moment Donald Trump dies of natural causes" and nothing less.


Fuschia tude posted:

Uh, if for some reason I decided to adopt your bar of "Donald Trump is dead or tried and convicted of treason by the DOJ", sure.

Why is that the one and only definition of The Mattering you will accept

Why is the bare minimum of justice the only mattering I'll accept? I'm afraid I don't understand the question.

mutata fucked around with this message at 07:33 on Feb 1, 2023

Red
Apr 15, 2003

Yeah, great at getting us into Wawa.

Xand_Man posted:

TBF the events of the past couple years can't be great for his ticker

It’s impossible to tell because he’s hiding any medical conditions in addition to makeup, tanning, and fake hair.

VitalSigns
Sep 3, 2011

Well they could put Trump in prison, surely that's not beyond prosecutorial power.

It wouldn't make it impossible for him to run and win, but it would make it a lot less likely, and it would be a deterrent to a future politician trying the same gambit, or at least more of a deterrent than watching Trump get off scott free. Why exactly should we be satisfied with less than that?

Is a small fine and shutting down a couple of Trump's sham charities supposed to make the next guy think twice before having a try at installing himself president?

nine-gear crow
Aug 10, 2013

mutata posted:

I will accept the below definition of mattering. If you're telling me that there's no chance in hell of this happening, then you and I are in agreement.

The real question is why would ANYONE accept anything less than this? Pretty silly stuff!



Why is the bare minimum of justice the only mattering I'll accept? I'm afraid I don't understand the question.

Hell, honestly it doesn't even have to be "dead" or "in prison for the rest of his life". Really it's down to whatever you define as the moment where Donald Trump "goes away and never comes back or is otherwise never able to harm anyone or get away with another crime ever again", including straying into the realm of magical thinking to cross that threshold like that article that was posted yesterday of all those Republicans wishing on their birthday candles that Donald Trump would just disappear into thin air.

That's what "the mattering" is and always will be. There's a reason I keep repeating the phrase "until you or he dies, whatever comes first", because it's true.

V-Men
Aug 15, 2001

Don't it make your dick bust concrete to be in the same room with two noble, selfless public servants.

RoboChrist 9000 posted:

Conspiracy to incite a riot or insurrection isn't a crime if you believe it's in response to a stolen election? Like I'm not being facetious here, I'm genuinely asking. Because my understanding is that vigilantism is illegal even when it is correct. If you believe your neighbor to be a pedophile, correctly, and so beat the poo poo out of him when you see him speaking to a child, that's still a crime as I understand it.

If the 2020 election was stolen, the correct response is not to incite a violent uprising or to try and bully governors into fabricating votes.

This is where I harp on about the wriggle room. I'm almost certain Trump wanted a violent uprising at the Ellipse. But he never told anyone else. He used careful language he hoped would communicate his intentions, he use incendiary language in his speech with carefully peppered in bits of "peacefully march" and then sent them off. It can't be a conspiracy to yadda-yadda if he never actually communicates his intentions in any concrete way.

This doesn't mean I think his Ellipse speech is protected speech; there's a bunch of reasons I'd argue it wasn't, but if you're going to indict him based solely on the speech that's a huge bar to overcome.

Unless of course Trump used Roger Stone to coordinate everything with the Proud Boys and we just need to waterboard him to get access to it all.

Dr. Faustus
Feb 18, 2001

Grimey Drawer

V-Men posted:

This is where I harp on about the wriggle room. I'm almost certain Trump wanted a violent uprising at the Ellipse. But he never told anyone else.
This claim is entirely, egregiously false.

V-Men
Aug 15, 2001

Don't it make your dick bust concrete to be in the same room with two noble, selfless public servants.
Dammit, i meant to say that he didn't communicate it the mobs that attacked the capitol outside of his tweets and speeches and they didn't communicate an understanding back that he received and understood.

Mooseontheloose
May 13, 2003

VitalSigns posted:

Well they could put Trump in prison, surely that's not beyond prosecutorial power.


I mean technically speaking all the prosecution can do is set charges and bail and even if they tried to say no bail, they have no control over whether the judge will accept that.

mdemone
Mar 14, 2001

V-Men posted:

Dammit, i meant to say that he didn't communicate it the mobs that attacked the capitol outside of his tweets and speeches and they didn't communicate an understanding back that he received and understood.

Truly a confederacy of dunces.

VitalSigns
Sep 3, 2011

Mooseontheloose posted:

I mean technically speaking all the prosecution can do is set charges and bail and even if they tried to say no bail, they have no control over whether the judge will accept that.
Op was talking about what the possible outcomes of criminal prosecution are, versus impossible outcomes (like banning someone from holding political office which can only be done by congress and not by the legal system).

Nobody was saying a prosecutor can unilaterally sentence someone but I think you knew that

GlyphGryph
Jun 23, 2013

Down came the glitches and burned us in ditches and we slept after eating our dead.

Mooseontheloose posted:

I mean technically speaking all the prosecution can do is set charges and bail and even if they tried to say no bail, they have no control over whether the judge will accept that.

The prosecution is generally a little bit more involved in sending people to prison than you're implying here.

selec
Sep 6, 2003

I think the psychological effect of Trump lurking will be around until he dies, or is placed under house arrest during a coup. He will still loom, and have a dedicated base of mujahadeen who won’t stop posting, and his words will be repeated as they are now, endlessly and analyzed endlessly on any news outlet that is for-profit, so all of them.

This feeling will probably never go away.

BigBallChunkyTime
Nov 25, 2011

Kyle Schwarber: World Series hero, Beefy Lad, better than you.

Illegal Hen

Judge Schnoopy posted:

And the confederacy lives on to this day. What a loving mistake that was. We probably shouldn't make that mistake again or chuds will be flying thin blue line and Trump flags 150 years from now.

Every single one of those fuckers should have been hung after the war.

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.



BigBallChunkyTime posted:

Every single one of those fuckers should have been hung after the war.

Hey, don’t even joke about that.

It’s “hanged”. Laundry is “hung”.

ephori
Sep 1, 2006

Dinosaur Gum

Xiahou Dun posted:

Hey, don’t even joke about that.

It’s “hanged”. Laundry is “hung”.

It's only 'hanged' if it's from the Nuremburg region in Germany.

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Failed Imagineer
Sep 22, 2018
One thing I can speculate about the average MAGA chud is that they're not "hung"

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