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mutata
Mar 1, 2003

Fuschia tude posted:

As has already been mentioned, these would still happen even if he were found guilty and imprisoned immediately for the rest of his life. Prisoners can still communicate and lie in public. Prisoners can still run for office. Prisoners can still lead political parties. Prisoners can still fundraise. Nothing you are demanding happen as a result of his criminal trials can happen as a result of criminal trials in the United States. (Technically, a court might be able to prevent him from communicating certain things publicly, but judges almost always refuse to issue prior restraint orders in general, especially broad ones, not least because the Supreme Court has ruled that they must demonstrate inevitable, direct, immediate damage to the US as a result of that speech.)

You're right, that all sounds really stupid and not at all like a fair, functioning justice system, I agree.

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SithDrummer
Jun 8, 2005
Hi Rocky!
Not to discount the likelihood that Trump's wealth, power, and political position are all obstacles to any prosecution efforts, but given the documented rank-and-file allies Trump has had in various government agencies, it seems like a nonzero chance that putting together an airtight criminal prosecution case would be even harder because of having to work around his embedded loyalists across federal organizations.

It's not like (to my knowledge) Al Capone had allies in the IRS gumming up their case against him.

Fuschia tude
Dec 26, 2004

THUNDERDOME LOSER 2019

Rakeris posted:

If he gets put in a fed prison under SAMs, he wouldn't be doing much of any of that. Granted I think that is extraordinarily unlikely to transpire.

But there are options for preventing that kind of speech and communication from prison.

Yeah, those are extremely rare, but you're right, technically possible. That might probably be the most likely way prior restraint would be applied in his case. But you're right, this is incredibly unlikely.

cant cook creole bream
Aug 15, 2011
I think Fahrenheit is better for weather

Main Paineframe posted:

Federal investigations of multi-year conspiracies to take over the country with the aid of numerous highly-placed officials tend to go pretty slow regardless of how much money the main mastermind has.

Seriously, when comparing Trump to a guy who shoplifted some poo poo from Wal-Mart or mildly annoyed a cop, you have to realize that there are differences between those cases besides "one is rich, the other is poor".
Yeah, if justice would work the same way in such cases, Hillary Clinton would probably have died in prison years ago without ever getting to talk to a lawyer.

Uglycat
Dec 4, 2000
MORE INDISPUTABLE PROOF I AM BAD AT POSTING
---------------->
As these cases make it to public court, there is discovery, and supoenas, and statements are entered into the public record, and a lot of the facts around the case become established.

Trump wants to invent a false history and have it be believed. This process works against him.

Getting away with it doesn't mean dying before he sees jail time - it means history being written with the false narrative he prefers being taught from generation to generation from here.

These cases being heard work against him.

Moreover, all those disclosures will give a much more detailed account of everything Trump has done in the last decade. And this may lead to additional charges.

Fart Amplifier
Apr 12, 2003

The people who believe him aren't going to change their mind because of what happens in court. The classified document theft is possibly the most flagrant violation of law he's committed and he hasn't even been charged with that.

He's rich and can do whatever he wants. He may be president again.

Consequences may happen but they definitely have not and are not even in the process of happening.

OgNar
Oct 26, 2002

They tapdance not, neither do they fart
The lady suing Rudy for sexual harassment is seemingly now claiming that he was also selling pardons for Trump at $2 mil a pop.
But as far as I can tell she can provide no proof on that one.

"Dunphy alleged in her suit that Giuliani talked about presidential pardons. She said Giuliani claimed to have “immunity” and told “her that he was selling pardons for $2 million, which he and President Trump would split.” The lawsuit did not suggest any pardons were sold."

https://www.nbcnews.com/politics/politics-news/giuliani-accused-offering-sell-trump-pardons-2-million-new-lawsuit-rcna84569
https://iapps.courts.state.ny.us/fbem/DocumentDisplayServlet?documentId=ayMPHcCh5eCKqo1g4gB42A==&system=prod

Failed Imagineer
Sep 22, 2018
Even if that was definitely the case (and Lord knows even the most diehard chud wouldn't be surprised), Rudy claiming it doesn't matter in the slightest unless you have Trump confirming it.

One again, Trump's refusal to use email and constantly eating his own notes makes him smart :smugdon:

Judge Schnoopy
Nov 2, 2005

dont even TRY it, pal
It certainly matters for Rudy if somebody comes across hard evidence for the scheme.

Rudy isn't the smartest man. If you can get him to flip (or even slip up) on pointing to where Trump hid the skeletons, that could make a huge difference.

bird food bathtub
Aug 9, 2003

College Slice

Judge Schnoopy posted:

It certainly matters for Rudy if somebody comes across hard evidence for the scheme.

Rudy isn't the smartest man. If you can get him to flip (or even slip up) on pointing to where Trump hid the skeletons, that could make a huge difference.

Best bet would be some kind of documentation or recordings Rudy has. For as much as he has apparently pickled his decaying brain meats I can easily see him being a lovely, useless witness.

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.

OgNar posted:

The lady suing Rudy for sexual harassment is seemingly now claiming that he was also selling pardons for Trump at $2 mil a pop.
But as far as I can tell she can provide no proof on that one.

"Dunphy alleged in her suit that Giuliani talked about presidential pardons. She said Giuliani claimed to have “immunity” and told “her that he was selling pardons for $2 million, which he and President Trump would split.” The lawsuit did not suggest any pardons were sold."

https://www.nbcnews.com/politics/politics-news/giuliani-accused-offering-sell-trump-pardons-2-million-new-lawsuit-rcna84569
https://iapps.courts.state.ny.us/fbem/DocumentDisplayServlet?documentId=ayMPHcCh5eCKqo1g4gB42A==&system=prod

Honestly this just as easily sounds like Giuliani was trying to grift people for 2 million dollars. Toward the end of his administration, I think Trump kept Giuliani at the edge; I don't think he was part of Trump's inner circle anymore.

Cimber
Feb 3, 2014

V-Men posted:

Honestly this just as easily sounds like Giuliani was trying to grift people for 2 million dollars. Toward the end of his administration, I think Trump kept Giuliani at the edge; I don't think he was part of Trump's inner circle anymore.

Only Donald can grift off the Trump name. If anyone else tries to grift off the Trump name they get cut off.

Failed Imagineer
Sep 22, 2018

Cimber posted:

Only Donald can grift off the Trump name. If anyone else tries to grift off the Trump name they get cut off.

Ivanka/Kushner made up to $640m personally during the Tump Era, and Kushner got $2bn in Saudi money to play with

Independence
Jul 12, 2006

The Wriggler

Failed Imagineer posted:

Ivanka/Kushner made up to $640m personally during the Tump Era, and Kushner got $2bn in Saudi money to play with

Unlike the rest of his kids, he loves Ivanka.

Bel Shazar
Sep 14, 2012

Independence posted:

Unlike the rest of his kids, he loves wants to have sex with Ivanka.

This seems more accurate.

Professor Beetus
Apr 12, 2007

They can fight us
But they'll never Beetus

Bel Shazar posted:

This seems more accurate.

Trump won't see that, but your friends that want to have incestuous relationships with their daughters will

Grip it and rip it
Apr 28, 2020
Who gives a poo poo if Trump was selling pardons? As far as I understand that's not illegal. The person paying for the pardon might run afoul of a Federal Bribery Statute:
https://www.law.cornell.edu/uscode/text/18/201

but then the President just has to issue a second pardon and voila! You're set.

Fuschia tude
Dec 26, 2004

THUNDERDOME LOSER 2019

Grip it and rip it posted:

Who gives a poo poo if Trump was selling pardons? As far as I understand that's not illegal. The person paying for the pardon might run afoul of a Federal Bribery Statute:
https://www.law.cornell.edu/uscode/text/18/201

but then the President just has to issue a second pardon and voila! You're set.

No, that law explicitly does not include the presidency. That ban from holding US office would be unconstitutional if it did, anyway.

Spiro Agnew resigned after taking a plea deal under criminal investigation for corruption and tax fraud, as he was taking kickbacks from business deals dating back to his time as county executive all the way through his vice presidency. That looks like the most analogous case to this.

Jethro
Jun 1, 2000

I was raised on the dairy, Bitch!

Grip it and rip it posted:

Who gives a poo poo if Trump was selling pardons? As far as I understand that's not illegal. The person paying for the pardon might run afoul of a Federal Bribery Statute:
https://www.law.cornell.edu/uscode/text/18/201

but then the President just has to issue a second pardon and voila! You're set.
Section b.2 includes the public official themselves, and even the Roberts Court might find "give us $2M and get a pardon" to be a quid pro quo

Captain_Maclaine
Sep 30, 2001

Every moment that I'm alive, I pray for death!

Failed Imagineer posted:

Ivanka/Kushner made up to $640m personally during the Tump Era, and Kushner got $2bn in Saudi money to play with

And there's no way Trump didn't get at least a piece of that action. As with almost everything else, what they claim about Hunter and the Bidens is entirely projection.

Jethro posted:

Section b.2 includes the public official themselves, and even the Roberts Court might find "give us $2M and get a pardon" to be a quid pro quo

"Might" is doing some heavy lifting there.

BiggerBoat
Sep 26, 2007

Don't you tell me my business again.

bird food bathtub posted:

Best bet would be some kind of documentation or recordings Rudy has. For as much as he has apparently pickled his decaying brain meats I can easily see him being a lovely, useless witness.

The woman in question says she has recordings

azflyboy
Nov 9, 2005

Captain_Maclaine posted:


"Might" is doing some heavy lifting there.

Unless someone cuts a check where the memo line says "Bribe for (politician name here)", and records a video where said politician clearly states "This is a bribe from (person), I am accepting this as quid pro quo for (thing)", the Roberts court considers it "protected politicial speech".

Leon Trotsky 2012
Aug 27, 2009

YOU CAN TRUST ME!*


*Israeli Government-affiliated poster

azflyboy posted:

Unless someone cuts a check where the memo line says "Bribe for (politician name here)", and records a video where said politician clearly states "This is a bribe from (person), I am accepting this as quid pro quo for (thing)", the Roberts court considers it "protected politicial speech".

To be pedantic, the ruling in McDonnell was that bribery charges under the Hobbes act have to be for "an official act" of the office. Voting for something would count and using the pardon power would count. They can't charge you for bribery if you didn't perform "an official act" for them. So, setting up meetings, calling other politicians, or hosting events don't count as quid pro quo because there is nothing specific about the power the office being used.

The "money = protected political speech" ruling from Citizens United doesn't apply to giving directly to candidates, but SuperPACs and 501(c)(4) organizations make that almost entirely moot. You still can't just give money directly to a politician.

Both of them are still bad decisions, though.

Deteriorata
Feb 6, 2005

Exclusive: New evidence in special counsel probe may undercut Trump’s claim documents he took were automatically declassified

quote:


The National Archives has informed former president Donald Trump that it is set to hand over to special counsel Jack Smith 16 records which show Trump and his top advisers had knowledge of the correct declassification process while he was president, according to multiple sources.

In a May 16 letter obtained by CNN, acting Archivist Debra Steidel Wall writes to Trump, “The 16 records in question all reflect communications involving close presidential advisers, some of them directed to you personally, concerning whether, why, and how you should declassify certain classified records.”

The 16 presidential records, which were subpoenaed earlier this year, may provide critical evidence establishing the former president’s awareness of the declassification process, a key part of the criminal investigation into Trump’s mishandling of classified documents.

The records may also provide insight into Trump’s intent and whether he willfully disregarded what he knew to be clearly established protocols, according to a source familiar with recent testimony provided to the grand jury by former top Trump officials.

Trump and his allies have insisted that as president, Trump did not have to follow a specific process to declassify documents. At a CNN town hall last week Trump repeated the claim that simply by removing classified documents from the White House he had declassified them. “And, by the way, they become automatically declassified when I took them,” Trump said.
Former President Donald Trump participates in a CNN Republican Town Hall moderated by CNN's Kaitlan Collins at St. Anselm College in Manchester, New Hampshire, on Wednesday, May 10, 2023.

According to the letter, Trump tried to block the special counsel from accessing the 16 records by asserting a claim of “constitutionally based privilege.” But in her letter, Wall rejects that claim, stating that the special counsel’s office has represented that it “is prepared to demonstrate with specificity to a court, why it is likely that the 16 records contain evidence that would be important to the grand jury’s investigation.”

The special Ccunsel also told the Archives that the evidence is “not practically available from another source.”

The letter goes on to state that the records will be handed over on May 24, 2023 “unless prohibited by an intervening court order.”

We all knew Trump's declassification claim was bullshit so that much isn't news. This is proof that Trump himself knew it was bullshit - which helps to prove it was deliberate criminal behavior and not a mistake.

Another brick in the wall.

Judge Schnoopy
Nov 2, 2005

dont even TRY it, pal

Deteriorata posted:

Exclusive: New evidence in special counsel probe may undercut Trump’s claim documents he took were automatically declassified

We all knew Trump's declassification claim was bullshit so that much isn't news. This is proof that Trump himself knew it was bullshit - which helps to prove it was deliberate criminal behavior and not a mistake.

Another brick in the wall.

Knowing the official process while president doesn't prove Trump didn't use a double extra secret process known only to presidents when he took the documents.

The smoking gun is Trump referring to the documents as classified AFTER he took them.

The Bible
May 8, 2010

Deteriorata posted:

Exclusive: New evidence in special counsel probe may undercut Trump’s claim documents he took were automatically declassified

We all knew Trump's declassification claim was bullshit so that much isn't news. This is proof that Trump himself knew it was bullshit - which helps to prove it was deliberate criminal behavior and not a mistake.

Another brick in the wall.

So now he goes down, right?

Murgos
Oct 21, 2010

Deteriorata posted:

Exclusive: New evidence in special counsel probe may undercut Trump’s claim documents he took were automatically declassified

We all knew Trump's declassification claim was bullshit so that much isn't news. This is proof that Trump himself knew it was bullshit - which helps to prove it was deliberate criminal behavior and not a mistake.

Another brick in the wall.

The thing is that determining if a presidents power to declassify documents is as unilateral as Trump says is EXACTLY the sort of thing you need to determine in court. Otherwise it’s just people opinions.

Essentially, his dumb argument is that he has to be indicted and tried to find out if he’s right.

cr0y
Mar 24, 2005



Legally it doesn't matter, he didn't declassify poo poo because declassification is an official process with like you know paperwork and other very official things that are very easy to prove.

I don't get to argue that my taxes are filed because I printed out my W2 and "filed" it in a box.

Goatse James Bond
Mar 28, 2010

If you see me posting please remind me that I have Charlie Work in the reports forum to do instead

cr0y posted:

Legally it doesn't matter, he didn't declassify poo poo because declassification is an official process with like you know paperwork and other very official things that are very easy to prove.

I don't get to argue that my taxes are filed because I printed out my W2 and "filed" it in a box.

brb, contacting my accountant about an urgent matter

Charliegrs
Aug 10, 2009

cr0y posted:

Legally it doesn't matter, he didn't declassify poo poo because declassification is an official process with like you know paperwork and other very official things that are very easy to prove.

I don't get to argue that my taxes are filed because I printed out my W2 and "filed" it in a box.

You don't get to argue a lot of things in court that the rich and powerful routinely argue and win.

Main Paineframe
Oct 27, 2010

cr0y posted:

Legally it doesn't matter, he didn't declassify poo poo because declassification is an official process with like you know paperwork and other very official things that are very easy to prove.

I don't get to argue that my taxes are filed because I printed out my W2 and "filed" it in a box.

But is that official process legally required? Is there a law passed by Congress that says declassification can only be done in that specific way?

As far as I can tell, the modern declassification process was created by an executive order. In other words, declassification works that way because the president says it does, and the president can unilaterally change it at any time (and many have), as long as the new process is within whatever bounds and requirements have been set by Congress.

Now, going from "the president can change the declassification process at any time" to "the president can mentally declassify stuff and not tell anyone he did it until his secret unauthorized document cache is found" is quite a leap, but it's one that'll probably have to go in front of a judge.

The Lone Badger
Sep 24, 2007

My understanding is that an important part of the declassification procedure is reprinting the documents without the 'classified' branding. If someone sees documents marked as being classified, then even if they are personally certain that the documents are no longer classified they are required to handle the copies-so-marked as if they were.

tl:dr if a document says 'classified' on it then it is, even if it isn't.

Judge Schnoopy
Nov 2, 2005

dont even TRY it, pal

The Lone Badger posted:

My understanding is that an important part of the declassification procedure is reprinting the documents without the 'classified' branding. If someone sees documents marked as being classified, then even if they are personally certain that the documents are no longer classified they are required to handle the copies-so-marked as if they were.

tl:dr if a document says 'classified' on it then it is, even if it isn't.

These are the rules, yes.

Trump's entire argument is "the rules don't apply to the president because executive authority is more important than anything else".

No amount of defining the rules he broke matters at all.

bird food bathtub
Aug 9, 2003

College Slice

The Lone Badger posted:

My understanding is that an important part of the declassification procedure is reprinting the documents without the 'classified' branding. If someone sees documents marked as being classified, then even if they are personally certain that the documents are no longer classified they are required to handle the copies-so-marked as if they were.

tl:dr if a document says 'classified' on it then it is, even if it isn't.

True for normal people who suffer consequences for loving it up. More of a suggestion though when there are no consequences.

MrNemo
Aug 26, 2010

"I just love beeting off"

Trump's argument is that he can assign classification status for documents and that he can define the official process for classification and so he doesn't actually need to go through any official channels to classify or declassify documents.

The argument is basically if I'm empowered to do a thing I don't need to follow any processes to do it.

PainterofCrap
Oct 17, 2002

hey bebe



Which is complety consistent with Trump's belief that being President meant that he had unlimited powers to do whatever he felt like.

PhantomOfTheCopier
Aug 13, 2008

Pikabooze!
As part of the "sad, move faster, prison dammit!" crowd, I'm just going to say that the last two weeks have a lot of feel good stories. Indictments, charges, bills, judicial rulings, unsurprising reports. It feels like things are moving this week. :hist101:

Yureina
Apr 28, 2013

Yeap. I found this out recently. Really turns me off the Palestinian cause to find out they basically consist entirely of raging racists.

PainterofCrap posted:

Which is complety consistent with Trump's belief that being President meant that he had unlimited powers to do whatever he felt like.

He really is Stupid Nixon isn't he?

Shooting Blanks
Jun 6, 2007

Real bullets mess up how cool this thing looks.

-Blade



Yureina posted:

He really is Stupid Nixon isn't he?

Very Stupid Nixon, yes.

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StumblyWumbly
Sep 12, 2007

Batmanticore!
If the documents aren't classified Trump should just tell everyone what they said so we can hear how normal it is.

He probably doesn't remember what they said, but I'm a bit surprised Hannity or someone hasn't asked him what this declassified and obviously not secret info was.

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