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eke out
Feb 24, 2013



Leon Trotsky 2012 posted:

His gun charge (he lied on a form when he purchased his gun by saying he had never used any illegal drugs) is still going to be prosecuted, but he will likely get a diversion/probation sentence and basically just have to not get arrested or possess a gun for the next 5 years or so.

Hunter's lawyers were making noise about "well why don't we see what the Supreme Court thinks about the law that says 'if you smoke weed you can't have a gun'?", which probably explains another reason the government isn't super aggressive about prosecuting it here, I know a lot of people don't think that law survives the current court very much longer

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eke out
Feb 24, 2013



Old Surly posted:

Jesus, what a mess. Is there a world where throwing all this spaghetti at the wall helps him? Like legally.

they're admissions of a party-opponent (you can google this phrase if you want to know more about hearsay rules but really no one should), making it quite possible the government could literally play some of these tapes to a jury to show his knowledge of the documents. you might reasonably argue that these statements can only hurt him

in the past, trump has sometimes used public statements to influence witnesses and try to help coordinate people's stories (which, to be clear, he is not allowed to do) to varying degrees of success, but here it's so disjointed and confused it's hard to imagine it has any value to him

eke out
Feb 24, 2013



Caros posted:

I can't imagine a world where the state being able to play 'if I had them and they were still classified that would be illegal' would be helpful.

shrug he says he had them and he knew he had them and he was very busy and just didn't have time to remove his documents from the boxes

at this point the DOJ may well have so much evidence it's not worth bothering with this kind of poo poo but that's more due to the unique nature of how much trump hosed this. even chud losers like Turley were like "oh...."

https://twitter.com/JonathanTurley/status/1670916110164668418

eke out fucked around with this message at 20:45 on Jun 20, 2023

eke out
Feb 24, 2013



deoju posted:

This guy used to be a regular on Maddow and Olbermann during the Obama admin. When did he decide it was more lucrative to chud it up?

i think he went mask off for the kavanaugh confirmation (though presumably the turning point was sometime before that). then he was the republican's star impeachment witness like a year later lol

eke out
Feb 24, 2013



regardless of what motive we impute to her, it is hard to not agree that yes, the Department of Justice should publicly explain why the former President of the United States should be barred from contacting these witnesses and who they are (unless they have a compelling reason not to in which case they should probably tell everyone that reason explicitly)

this is relatively low stakes though, i'm sure they'll have something re-filed in no time

eke out fucked around with this message at 00:55 on Jun 27, 2023

eke out
Feb 24, 2013



Leon Trotsky 2012 posted:

It's also a little strange that Jack Smith is running multiple investigations into him, but only just now offered to let him testify in his defense at a grand jury hearing. He didn't have any contact in the other investigations.


no, he was sent a target letter in the mar-a-lago documents case. i don't think it's public but i wouldn't be surprised if that letter looked pretty much the same as this one

eke out
Feb 24, 2013



Leon Trotsky 2012 posted:

He didn't have any contact with the grand jury in that case.

he did not voluntarily testify because even trump is not that dumb

do you have any reason to believe the letter in that case did not offer him the same 'opportunity'

to quote politico from June

quote:

The recent moves have signaled that Smith’s probe was nearing a likely charging decision, which now appears days, if not hours, away. The letter to Trump is yet another indication. The Justice Department manual provides that prosecutors may send a “target letter” to those who are likely to be charged in connection with a grand jury probe, giving them an opportunity to testify before an indictment comes down.

eke out fucked around with this message at 16:31 on Jul 18, 2023

eke out
Feb 24, 2013



Leon Trotsky 2012 posted:

Right, that is a quote from the DOJ manual saying it can happen. Was there any reporting that he was invited? There might have been, but I don't remember.

you posted that it's strange and extremely unusual and a huge risk

it's literally in the DOJ manual as a normal thing to do when you send target letters. it's a routine "hey we're about to indict you but technically you are welcome to come in and tell us why we should not" invitation that basically no one accepts

eke out
Feb 24, 2013




looked it up

https://www.justice.gov/jm/jm-9-11000-grand-jury posted:

9-11.153 - NOTIFICATION OF TARGETS
When a target is not called to testify pursuant to JM 9-11.150, and does not request to testify on his or her own motion (see JM 9-11.152), the prosecutor, in appropriate cases, is encouraged to notify such person a reasonable time before seeking an indictment in order to afford him or her an opportunity to testify before the grand jury, subject to the conditions set forth in JM 9-11.152. Notification would not be appropriate in routine clear cases or when such action might jeopardize the investigation or prosecution because of the likelihood of flight, destruction or fabrication of evidence, endangerment of other witnesses, undue delay or otherwise would be inconsistent with the ends of justice.

when the target is (1) not called to testify, and (2) hasn't asked to testify, you are still (3) "encouraged" to tell them they have a right to come in and testify if they want to (and you have to give them a bunch of warnings about the many reasons this may be a bad idea, detailed further elsewhere)

eke out
Feb 24, 2013



Leon Trotsky 2012 posted:

Right, which also explicitly says that it is not routine.

Hence the comments that this is not a routine thing. It essentially never happens at the state level and is not common at federal level outside of major situations like this one.

okay you can quibble over wording, it's routine enough that it's literally written into the DOJ manual -- which also acknowledges that you don't have to do this in the boring, normal cases that comprise 99% of federal criminal charges. it's not a weird or surprising thing in this set of circumstances, it's an extremely normal "give the defendant every possible opportunity to assert their innocence" procedural step

eke out
Feb 24, 2013



Tayter Swift posted:

I'm not sure Trump needs further self-incrimination beyond what he does as a normal course of his business. But his lawyers are really freakin good at stalling, and "inviting" him to appear before then GJ would I'd think give him yet another opportunity to delay things further as he fights and appeals it up the chain.

it's not, he's not coming, there's no delay nor anything to 'appeal'

eke out
Feb 24, 2013



Hieronymous Alloy posted:

People evade their own security detail all the time.

(former) presidents aren't people

eke out
Feb 24, 2013



Name Change posted:

Yeah he's going to try one cool trick that prosecutors hate by being president again. I think the odds of him winning are very low (the party has had nothing but massive electoral defeats since 2016), but the chances of the Republicans nominating a convicted criminal at the convention in July 2024 are very high.

"my pet justices will bail me out!!!" has also not served him well basically any time he's tried it in the past and he's tried it a number of times.

eke out
Feb 24, 2013



neurobasalmedium posted:

Agreed, too late for the evening news. Looking like a Friday or Monday announcement.

something could well have been issued without any intent to publicize it on the government's end, as last time they didn't announce it until after Trump leaked it (since, ideally, it would be great if Donald Trump would just come to Washington on the day you tell him and you announce it right then, giving people less advance notice to prepare to do dangerous things)

eke out
Feb 24, 2013



PainterofCrap posted:

I am utterly convinced he sold state secrets, and that it will be part of of a superseding indictment.

the kingdom of saudi arabia gave jared a two billion dollar investment so my money's on him, if anyone, being the one that actually did some sale of state secrets

eke out
Feb 24, 2013



PhantomOfTheCopier posted:

(But there's also a hearing scheduled for 8/10, by Superior Ct judge Schuster...)

i believe, per the long final footnote chiding trump's attorneys, this holding moots that separate civil action

eke out
Feb 24, 2013



Timmy Age 6 posted:

For the law-knowers: are the co-conspirators listed in the indictment necessarily also being charged, or is it just "hey we know what you did, assholes"?

i don't think anyone knows whether they'll be charged separately but, reading this, i would certainly rather not be in their shoes right now lol

eke out
Feb 24, 2013



Charlz Guybon posted:

Trump has lost all his Supreme court election cases by 7-2 or 8-1. Why would this be different?

also, to be clear, a conviction by a jury in the most significant political trial (in possibly all of american history? up there, at least) is not just a thing to arbitrarily overturn even for those people. the ways you can do it are a lot tougher than some general case about constitutional or administrative law where the president's authority is being tested

eke out
Feb 24, 2013



Dr. Faustus posted:

The conspirators are not indicted in this case because if they were all included it would never make it to trial before the election. This indictment is strictly USA vs. Trump, not "Trump et. al.

Expect them to be charged separately but definitely expect them to be charged with something.

Also, woo motherfucking hoo.

yeah given the gravity of the crimes described here (and my assumption that prosecutors don't describe crimes in indictments they wouldn't really, really like to prosecute later), it seems like the easiest answer is severing their cases from Trump's is economical.

at least 2-3 of them also have unique questions of law/fact about their status as his attorney (and if they were his attorneys) that would only slow poo poo down

eke out
Feb 24, 2013



yeah this is just a complete pipe dream. sounds like that's getting published primarily because it's some fedsoc guys writing it and so they get good publicity for themselves (despite advocating for a position they know will never, ever affect trump)

eke out
Feb 24, 2013



mutata posted:

This page is a great example of why IMO it's silly to even bring up election polls (at all, but especially in this thread).

i agree. this is an informative thread that should be unspoiled with "can trump win the 2024 election" derails

eke out
Feb 24, 2013



i think if the georgia legislature or governor had any plans to interfere, they would've done it by now, as there's no going back and any possible action against willis looks 1000000x worse than it would've a month or a year ago (and it's not like they haven't had the power to gently caress with her for that entire time)

the lieutenant governor is down there testifying against trump tomorrow. they're just actually mad at him!

eke out
Feb 24, 2013



https://twitter.com/bluestein/status/1691150377909891083

maybe today then?

eke out
Feb 24, 2013



FizFashizzle posted:

Trump hosed over the state gop on two separate senate elections; favoring Loeffler over Collins, then pushing Walker on them.

They’re legit loving mad at him.

yeah i know it's always tempting to try to figure out how the state party will help ol' donny wriggle out of this one, but georgia is the prime example of "these fuckers hate him because he has actively cost them power"

then of course he spent several years calling them democrats or whatever for not stealing the election for him

eke out
Feb 24, 2013



Zwabu posted:

I think doing enough procedural things to delay resolution of the case until after the election will be a win for her and him.

only in a world without other cases just as likely to send him to jail

she's very nice to have when she's in charge of the only case you're worried about. it's a bit of a different story when her delays just signal other judges 'oh hey your calendar is still open for trial in 2024, nice'

eke out
Feb 24, 2013



cr0y posted:

That means 10 people, since I had to have that clarified in the other thread.

any individual indictment could be any number of people, per the msnbc legal correspondents talking about this right now

eke out
Feb 24, 2013



edit: i think that it's that the grand jury returned indictments for totally unrelated issues as well, nevermind

eke out fucked around with this message at 02:54 on Aug 15, 2023

eke out
Feb 24, 2013



https://twitter.com/BrianKempGA/status/1691483026356678660

so yeah i think all public statements officially point towards georgia republicans telling trump to go gently caress himself

eke out
Feb 24, 2013



Pylons posted:

The other two houses presumably. Worcester v. Georgia is pretty misunderstood in the popular idea of it, but if SCOTUS wanted to open up that can of worms by asking federal marshals to enforce their decision I'd think both the Legislative and the Executive would have plenty to say about it. lol that the next crisis over the powers of the supreme court could *also* center around Georgia though.

this is where all hypotheticals involving "what if the supreme court does [insane, unprecedented thing]" end up.

it's a bit of a dead end discussion-wise because once you hit that scale of full-blown constitutional crisis it's anyone's guess what happens and there's not really much to go off of other than "poo poo will be hosed, i hope we win."

i would say, however, in a constitutional crisis, controlling the executive branch and the senate ain't bad and is a hell of a lot better than not controlling the executive and the senate

eke out
Feb 24, 2013



edit: oh right the above is the DC case not georgia. anyways i googled how long georgia RICO cases have taken:

prior to the current Young Thug/YSL Rico trial (somehow more than six months into jury selection due to insane circumstances and drama), the longest trial in georgia history was the RICO case against atlanta public schools teachers for systematic cheating: 35 officials got indicted on 3/29/2013 and are ultimately convicted (mostly) on 4/1/2015

Young Thug and a few dozen others were indicted in May 2022 and jury selection began on 1/4/2023

these are big, complicated cases but, to be clear, they have requested a trial date farther from now than the entire start-to-finish process of prior massive RICO cases, even ones that famously dragged on a long time

eke out fucked around with this message at 00:38 on Aug 18, 2023

eke out
Feb 24, 2013



Tayter Swift posted:

I think this is the Federal trial, not Georgia. The note in the CourtListener docket just dropped but the PDF isn't on their site yet.

oh lol you're right i'd just assumed it was in response to Willis' "we'd like a trial seven months from now" filing we just saw recently

anyways, when he responds asking for a trial in georgia in like 2028 i will refer back to my above post

eke out fucked around with this message at 00:41 on Aug 18, 2023

eke out
Feb 24, 2013



Paracaidas posted:

As Wheeler also notes (a bit more vehemently than I think is warranted), if Meadows wants to standby his guns that the 12/27 call was a part of his Chief of Staff duties then we seem to have an open and shut Hatch Act violation. The Hatch Act bit strikes me as more of a "ah, but by your logic" gotcha than anything for Meadows to stress over. There are a few other pieces that likely gently caress Meadows in Georgia too.

*obvious lie

marcy's a very good source at times but is also a weird old crank of a blogger that gets really caught up in personal pet theories, always gotta separate out those latter tendencies lol

eke out
Feb 24, 2013



cochise posted:

If I were Lev I wouldn't say poo poo about poo poo on Twitter. The balls, or stupidity, of this guy.

his son is also a tiktok resistance grifter too now. the whole family pivoted from MAGA to being the exact same kind of corrupt, just anti-trump lol

eke out
Feb 24, 2013



Xiahou Dun posted:

In one of his filings in GA he talks about how he has immunity in the federal investigation.

no, he doesn't say that, he makes a bullshit argument about how he should be immune from prosecution. this is unrelated to whether he has 'flipped'

historically, it's been a problem that certain states might try to haul federal officials into state court and harass and prosecute them for enforcing federal civil rights laws. various petty little fascists under trump are trying to act like laws that prevent those kinds of malicious prosecutions should completely ban any state official from holding them accountable

eke out fucked around with this message at 12:11 on Aug 24, 2023

eke out
Feb 24, 2013



Paracaidas posted:

I do think I side with Meadows on the principles given what he's charged with,

absofuckinglutely not lmao. he cannot hide behind his federal position while simultaneously claiming he was engaging in First Amendment protected political activity when said political activity is explicitly made illegal by the Hatch Act. just because there were no consequences because trump ran a lawless administration does not mean that the law ceases to exist

moreover, it's a mockery of the entire idea of why removal is necessary in certain cases when states attempt to prosecute federal officials actually doing their jobs. his actions that broke the law -- such as offering to have the Trump campaign pay the bills for more recounts or sitting in on meetings between fake electors and Trump campaign attorneys or pressuring a Georgia official to change the results after they'd already had a recount and lost it -- were explicitly on behalf of the Trump campaign, not him doing his duties as a federal official

eke out fucked around with this message at 21:06 on Aug 25, 2023

eke out
Feb 24, 2013



gregday posted:

Meadows is trying to have it both ways: claiming it should be removed to federal court because he was acting under the color of his job duties as CoS, but also that it was first amendment protected speech because it was campaign work, which undercuts the first claim.

and, to be clear, it cannot be part of his duties because Congress has specifically made engaging in political activity while on duty illegal

eke out
Feb 24, 2013



their entire response to the hatch act issue is a single paragraph where they do not cite a single source of authority for their numerous legal conclusions that actually this is fine and, in fact, the court shouldn't even be thinking about it right now (along with a footnote vaguely saying that Al Gore's chief of staff talked to some people about the recounts -- who gives a poo poo!)

edit: sorry, and a second paragraph where they say that Trump's white house counsel defended past blatant hatch act violations. to which i would again posit, who gives a poo poo

eke out fucked around with this message at 21:43 on Aug 25, 2023

eke out
Feb 24, 2013



Hieronymous Alloy posted:

To be unnecessarily fair, it seems like "was this part of his job duties or part of his campaign duties" seems like it's at least arguably a fact question for the jury, and if it's a fact question for the jury, then. . . yeah I guess removing it to federal court in an excess of caution seems to make some sense .I mean, we're talking about federal elections and federal offices. On the scale of "trump legal team arguments" this seems like one of the least stupid ones.

shouldn't have written that all of his actions in the indictment "concern unquestionably political activity" if they wanted to claim that there is a factual question about whether he was acting in the scope of his duties

eke out fucked around with this message at 22:14 on Aug 25, 2023

eke out
Feb 24, 2013



Paracaidas posted:


The only place I see "unquestionably political" in the Meadows' reply is quoting the state's filing, am I missing something?

yeah, it's contained in his separate motion to dismiss that he filed in the (hopefully temporary) federal case. he says well even if the court found that the Supremacy Clause doesn't protect me, i would have first amendment defenses.

quote:

All of the alleged conduct as to Mr. Meadows relates to protected political activity that lies in the heartland of First Amendment.

quote:

"For example, whatever one thinks of the merits of the tone and tenor of the discussion with the Georgia Secretary of State, the subject matter was undeniably about public issues of political importance. A candidate for public office does not cease to be a political candidate when the polls close on election day. Rather, the right to “vigorously and tirelessly” advocate for one’s own election continues beyond that time. See Democratic Party of Georgia, Inc. v. Crittenden, 347 F. Supp. 3d 1324, 1347 (N.D. Ga. 2018) (Jones, J.) (enjoining the State of Georgia from certifying election results until certain absentee ballots were counted). Nor is it unlawful to petition for redress pursuant to political or legal process when the results of an election remain undetermined.

quote:

All the substantive allegations in the Indictment concern unquestionably political activity and thus, if not covered by Supremacy Clause immunity, the charges would be barred by the First Amendment.

they are allowed to argue in the alternative but it's still it's loving egregious to claim that these electoral influence operations were simultaneously official actions that were necessary and proper in the scope of his duties as a federal official and also core protected first amendment political speech on behalf of Trump's campaign. it's trying to have your cake and eat it too

eke out fucked around with this message at 04:50 on Aug 26, 2023

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eke out
Feb 24, 2013



KillHour posted:

Don't have to hand it to him, yadda yadda, I know, but this is what's called a "belt and suspenders" argument and is so common in legal proceedings that not doing it would be incompetence on the part of his lawyer.

Yes, it's literally doing the narcissist's prayer thing of "here's an argument and if you don't buy that one, here's a different argument," but it's how the law works.

You can argue like that, but when one of your arguments involves categorical admissions that invalidate the other argument and unwittingly concede that the underlying conduct was unlawful -- which you make without any kind of qualification or seemingly even any awareness that there is a statute criminalizing the conduct you're admitting to -- maybe you shouldn't. Particularly when you're making that argument in a Hail Mary motion to dismiss that the federal court considering removal is never going to accept and it merely provides an opening for the other side to jump on you

To be clear, this is not an abstract issue I am harping on out of nowhere: Willis correctly jumped on his rear end for it, and then Meadows did not substantively respond to her claims or authority about the Hatch Act at all and instead provided a couple paragraphs of legal conclusions without authority hoping that the court will just ignore this line of argument or at least not consider it at all as part of the threshold analysis for removal. But it's a bad argument and they should consider it.

eke out fucked around with this message at 14:51 on Aug 26, 2023

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