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Liquid Communism
Mar 9, 2004

Technowrite posted:

Can the DOJ dangle a plea deal in front of Trump that basically says, "Drop out, never run for anything again, and this all goes away"?

They could, but have no reason to do so. This guy has never honored a deal in his life and is represented by a lawyer who ambulance chasers look down on.

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Liquid Communism
Mar 9, 2004

That is I note why it's so rarely used, judges and grand juries agree that it's extremely powerful so it generally won't get charged or will get thrown out if there's not exceedingly compelling evidence of a conspiracy.

In this case there's a ton of it, because he did most of this poo poo in the public view and life-tweeted MyCrimes.txt.

Liquid Communism
Mar 9, 2004

raminasi posted:

Is there historical evidence of this actually working? What's stopping the court from taking a challenge to such a law up?

The Executive and Legislative branches can pack the court at will if they're in agreement. FDR's tactic of 'you will stop stonewalling me or by God I'll just add Justices until you can't' still stands.

He proposed a plan to appoint an additional Justice for every one not retired by age 70, arguing that the aging court needed more Justices to help with its caseload, because he said its members were “slow and infirm” and behind in their work.

This would have allowed him to promptly handpick as many as six new judges for the bench. Today it would add two immediately (Alito and Thomas) and two more in a year (Roberts and Sotomayor).

Liquid Communism
Mar 9, 2004

Nitrousoxide posted:

I doubt that exact date will be it. Since one of the defendants are making a request for a speedy trial the court will have to try to accommodate that since there's a constitutional right to one. I guess they could split out that defendant into their own case? Or move things a bit later for the sake of the other defendants.

It's certainly a good argument for having a trial early to counter super late trial dates from the likes of Trump.

As far as I'm aware they can't split it under RICO charges, because they're collective rather than individual.

Liquid Communism
Mar 9, 2004

IT BURNS posted:

Did he have a stroke? The left side of his face looks droopy.

What a time to be alive.

He's 77 and has had a slew of cosmetic work and botox done, it's amazing he can move his face at all at this point.

Liquid Communism
Mar 9, 2004

BiggerBoat posted:

So, assuming Trump is found guilty on let's say 1/3 of this poo poo, 30 charges.

What do you guys honestly think we'll be looking at regarding sentences?

Because I honestly do not believe he'll go to jail. House arrest? Probation? Fines?

What's considered a moderate sentence for some of the more serious charges?

Does it matter? In Georgia he'll serve at least 5 years, and given he's 77 and not in great health I can't imagine he lives much more than that when denied his narcissistic fix of the spotlight.

Liquid Communism
Mar 9, 2004

Main Paineframe posted:

The Insurrection Clause has always been deeply, deeply sensitive to political considerations. When it was first written, most of the southern states were under military rule and had no real political representation, and ultimately had to be forced into ratifying it. But once the former Confederate states had their national political power restored, there was a significant political incentive for people with national political ambitions to cozy up to the ex-Confederates. Meanwhile, enforcing policies like these turned out to be extremely difficult, as the states had zero interest in cooperating, the federal court system was lukewarm about the whole thing, and several Supreme Court justices at the time were known to be skeptical of the government's Reconstruction policies for one reason or another. In the end, the Insurrection Clause was essentially abandoned for political reasons, rendered toothless by large-scale amnesties within four years of the 14th Amendment's ratification - before most of the numerous cases filed for or against it could make their way through the courts.

Didn't help that the President at the time, the roundly criticized Andrew Johnson, was a Confederate sympathizer despite opting to stay in the Senate when they seceded, who immediately sabotaged the Reconstruction the moment Lincoln was cold.

Funny story, he hated the 14th too, and was impeached but missed conviction by a single vote for trying to restore the pre-war status quo and backdoor repeal the emancipation of slaves by denying them civil rights.

Liquid Communism
Mar 9, 2004

Hieronymous Alloy posted:

If Trump were either brown or not immensely wealthy he'd have been in jail since like the 90s.

If any of the people involved here weren't of the social class and ingroup the laws are explicitly written to serve best, they'd be serving indefinite sentences for terrorism in a federal pen somewhere.

Liquid Communism
Mar 9, 2004

Main Paineframe posted:

No, but not because it's a crime (hell, I don't think murder is even a federal crime). It's because the executive branch doesn't have the legal authority to commit a premeditated summary execution of an American citizen without any due process.

Yet they do it all the time, usually under the color of law enforcement action.

See Michael Reinoehl for an example under the President in question, who publicly lauded the federal officers who gunned him down in a gangland hit.

Liquid Communism
Mar 9, 2004

Murgos posted:

The remedy exists. Revoke his bail. It won’t cause any more problems than already exists. All it will do is bring it to the surface faster so it can be dealt with.

Deplatforming Trump works and is effective.

It's this. Literally any other defendant you can think of would be cooling their heels in a cell by now.

Liquid Communism
Mar 9, 2004

BigHead posted:

The primary argument Trump made isn't whether or not he participated in an insurrection. The primary argument he's making is that the president is not an "officer of the United States." That clause of the 14th Amendment only applies to officers (and senators and representatives).

But wait, you ask yourself, isn't it obvious that a"president" is an "officer?" No. Every single other place in the Constitution the drafters list "president" and "officer" separately and say that different standards apply to each of those positions. That gives a very, very strong presumption that they are different things. I'm phone posting so unfortunately I'll have to edit in an article later but there are very few legal scholars that think this clause applies to the office of the President.

I mean, of all the lawsuits in all the states arguing this very thing, this is exactly the first time judges have ruled this way.

Here's a New York University law review article arguing that he isn't an officer https://www.nyujll.com/home/blog-post-four-2kpz7-7czmg-6fbsx-l9llc-btrht-lkg3w

Interestingly, that article points out that Trump is basically the only president who has never been anything but president. Everyone else has been a senator or governor or general. A president who used to be a senator would fall under the Amendment because that person would have, at some point, taken an oath as an officer, and the Amendment bans anyone who has taken that oath in the past.

Obviously you can go to the COSC opinion to read a counter argument. Starting here on page 69 (nice)

https://www.courts.state.co.us/userfiles/file/Court_Probation/Supreme_Court/Opinions/2023/23SA300.pdf

\/\/ I don't know if you're ok but read the article and opinion I posted and enjoy some real academic constitutional interpretation.

The hilarious part is that he, as recently as July this year, used the argument that he was a federal officer to justify trying to move a case against him from other jurisdictions to the DC circuit federal courts.

Edit: Specifically People of NY vs Trump, and K&D LLC v. Trump Old Post Office, LLC in 2020 when his hotel was getting sued for unfair business practices.

Liquid Communism fucked around with this message at 08:28 on Dec 20, 2023

Liquid Communism
Mar 9, 2004

haveblue posted:

The president commands the military but is not himself part of the military and doesn't have a military rank; commander-in-chief is his role but that's not the same thing

Yeah, there is no statutory defense against "the majority of the country wants this to happen" that we could still call democracy. It's a cultural problem at least as much as it is a political problem

Problem being it's not a majority of the country that backs this. Trump voters were 22% of eligible voters in 2016 and he lost the popular vote by over 3 million votes despite winning the electoral college.

Liquid Communism
Mar 9, 2004

Caros posted:

Don't worry, I've been assured that trump would never repeatedly name and threaten a federal judge in the 'won't someone rid me of this meddlesome judge' fashion.

I'm shocked it didn't happen sooner, though I agree it is wild it happened at all. Most departments have a swatting list for this exact sort of situation. That Chutkan wasn't put on it is crazy.

I suspect she's not because there's a legitimate chance some y'all-queda idiot tries to kill her to delay the trial.

Liquid Communism
Mar 9, 2004

Staluigi posted:

I'm all about leaving myself open to the possibility that he is truly actually dumb enough to do this to himself until he dies

Can you imagine the sheer schadenfreude of seeing him croak of apoplexy mid-verdict and then his kids' face when the estate still gets raked over the coals for punitive damages?

Liquid Communism
Mar 9, 2004

Nitrousoxide posted:

Yeah, my parents did this for me too when I was young. And later got me to apply for a low credit ceiling card and had me use it for everything and immediately pay it off to generate a good credit history.

I mean, as long as you pay off all your purchases every month, it's nothing but upsides to the user anyway. You pay the same (unless some retailers charge more for the use of credit, like some gas stations do) but you can get the cashback, travel miles, whatever on top for "free".

Also, and this is very important, if you use it for online purchases and someone manages to scam it, you can report it and it'll be the CC company's money they're going after to get back rather than yours. Better in every way than debit cards.

Milosh posted:

It’s great that our legal system just lets people with money delay things infinitely.

Note the Texas AG has managed to dodge going to trial for indictment on two counts of securities fraud (first degree felonies) and one count of failure to register with state regulators (3rd degree felony) for nine years and counting. His indictment was on 31 July 2015.

Liquid Communism fucked around with this message at 07:43 on Feb 5, 2024

Liquid Communism
Mar 9, 2004

Edit: Double post.

Liquid Communism
Mar 9, 2004

small butter posted:

Even if Trump manages to delay the cases past the election, you're severely underestimating just how bad it is for a candidate to be under 4 felony indictments. This means that he also has no chance to claim "exoneration," while the Democrats can claim "he's a loving criminal with 4 cases against him."

Democrats have the upper hand no matter what the polls say. Suozzi won what was supposed to be a bellwether election by 2x his polling average. Democrats retook State Houses, flipped governorships and mayorships, destroyed the Moms for Liberty sickos, and are dominating the Republicans in donations while Republican state parties are collapsing left and right. And the election didn't even start yet.

I think the more telling part is the number of GOP House members quitting early or announcing they're not going to run.

Comstar posted:

Wouldn't they just redact everything leaving you with some black striped paper and a big Secret Stamp on it that's all you can see.

Well, yes, but isn't that rather obvious as to what's up under the PRA? Classified intel can't, after all, be purely personal documents, and if Trump magically declassified them then there's no reason to redact or keep them out of the public record. :xd:

Liquid Communism fucked around with this message at 07:06 on Mar 19, 2024

Liquid Communism
Mar 9, 2004

Main Paineframe posted:

If the president is assassinating members of Congress, then I at that point "does the law give presidents immunity from prosecution?" is kind of a pointless question. Murderous dictators who rule with an iron fist and the absolute loyalty of the military tend not to care very much what the letter of the law says.

Of course, back in the real world, if President Biden orders SEAL Team 6 to murder their way through his political opponents, they're going to refuse to do it.

Yes, now you understand why absolute immunity isn't a reasonable thing to even consider.

Liquid Communism
Mar 9, 2004

Deteriorata posted:

They signed onto it because it's completely unexplored jurisprudence where current SC members can put a permanent stamp into the history books. It's catnip.

Their intent is to draw clear lines on how far presidential immunity extends. I don't believe for a second that any of them buy Trump's absolute immunity nonsense.

I'm sure Trump's lawyer will be struggling hard to figure out where Gini Thomas wants to go on vacation this year.

Liquid Communism
Mar 9, 2004

Randalor posted:

And once again I find myself asking... Trump KNOWS that he's not the president RIGHT NOW, and "just" the political rival. If the Supreme Court does say "A president has full immunity from everything they do in office", there's nothing stopping Biden from ordering Seal Team Six to take out Trump.

He HAS to know that, right?

Do you honestly think he considers the decorum-poisoned Dems a threat? He figures they'd never do a drat thing with it, then he can use it when he gets back in to do All The Crimes.

Uglycat posted:

I get that there's legal precedence that soldiers have a duty to disobey such orders, but is there any precedence of soldiers actually refusing such orders?

Yes. Most soldiers aren't interested in getting themselves thrown in Leavenworth to spend their future making big rocks into little rocks if 'Just Following Orders' doesn't carry at a court martial. Plus they're generally not all that ride or die MAGA.

Liquid Communism fucked around with this message at 03:51 on Mar 21, 2024

Liquid Communism
Mar 9, 2004

TLM3101 posted:

I'm going to surface from lurking to point out that the above is my personal position; Those who have amassed wealth and the power that inevitably follows with it, or simply reached the lofty heights of influence and position where their decisions can impact the lives of thousands, hundreds of thousands, or millions of people should absolutely be held to a higher standard than your neighborhood grocer.

I'm not saying that Trump hasn't suffered any consequence at all - if nothing else E. Jean Carrol has held him to account to the tune of 90 million usd - but compared to those suffered by your average dude being done for speeding by the wrong cop or seeing the wrong judge? The consequences he's suffered thus far are, correctly, seen as minuscule. Whether right or wrong, the perception is that he's not being held to a higher standard, he's not being held to any standard.

What's that hoary old Marvel Comics adage? 'With great power, comes great responsibility'. When you are sufficiently rich (and adored by outright domestic terrorists) that you can destroy someone's life if you feel like it simply by social media comments, then yes, you need to be held to a higher standard of behavior than Joe Public. Don't forget, this is a guy who talked his way into an open insurrection that managed to get onto the floor of the Congressional chambers. It is absolutely not idle speech when he pulls a 'will no one rid me of this turbulent priest' with a judge or their family.

Liquid Communism
Mar 9, 2004

Oracle posted:

This was extremely common back in the day, to the point bibles were printed with blank family trees ready to be filled in, either at the ends or directly in the middle. It was often the only book families owned and the only proof of identity in more far flung areas (courthouse fires and the like were depressingly common before modern construction regulations and resulted in a lot of record loss. I know my English Irish and German ancestors kept them for instance.

Yep, really common in Catholic families. I've got my family Bible, and it's got info back to when my Dad's side emigrated from Germany in the 1800's.

Liquid Communism
Mar 9, 2004

Small White Dragon posted:

This has probably been discussed a bunch already, but.... is that actually legal?

The SCOTUS is likely to say so, and Sotomeyer isn't making it four more years so chances are by 2028 there's a least one more Federalist Society judge on the bench to give it the nod.

Liquid Communism
Mar 9, 2004

Goatse James Bond posted:

what on earth makes you think Sotomayor is on the brink of death

She's a 70 year old lifelong Type 1 diabetic who's already had at least one publicly known instance of having paramedics called out to treat a low blood sugar emergency despite the best available medical care. She is working a demanding and stressful job. The chances of a major health episode in the next five years are not inconsiderable.

Liquid Communism
Mar 9, 2004

Ynglaur posted:

And thank you for your service, too.

Tbh I'm enjoying the jury stories in general but frustrated at people bragging about avoiding their civic duty. "Why do cops always get away with doing bad things?" I cry, as I avoid sitting on a jury where I could do my part to build a more just society. I get it. Jury duty sucks. Do it anyways. Waiting in line on election day? Also sucks. Do it anyways.

Sitting on the jury on a cop's case won't matter so long as qualified immunity still exists. No reason not to, but temper your expectations.

Hieronymous Alloy posted:

If Trump actually does have 175 million in cash why doesn't he post that himself instead of arranging a bond for the same amount

Trump, miss an opportunity to gently caress someone else's money over? Never.

Liquid Communism
Mar 9, 2004

LeeMajors posted:

That is true but you’ve got a gradient of burns out from the full thickness portions.

Not to mention the pain of airway burns, intubation, debridement….

I’ve been a medic a long time and burns are one of the few things that give me the willies still.

Yeah, my best friend did burn therapy in a top tier burn center for a while, and has determined the precise point where they'd prefer to be killed rather than live to see treatment. Major burns are unbelievably bad.

Liquid Communism
Mar 9, 2004

Xiahou Dun posted:

I don’t want to be rude or derail-y, but I really wanna know when that is now.

Anything over 50% body coverage full-thickness, 30% if it's primarily the torso/head.

Liquid Communism
Mar 9, 2004

Hieronymous Alloy posted:

This is the answer. American laws are deliberately written such as to only deter the poor.

People have to realize that there's a legacy of Jim crow in all these low level American laws. Most of them, in practice, act as

1) a revenue stream / idiot tax against the lower and middle class

2) an avoidable hassle for the rich, who can hire lawyers to deal with even trivial charges for them

3) a way to lock up the destitute, who cannot pay, so they stop being destitute in public where everyone else can see them.

The intent of most low level offense laws is not to enforce equitable punishment.

This particular statute is a little different because there is an intent to give the judge real enforcement authority against anyone acting the fool in court. But typically if you see "$1000 or up to thirty days" type penalties it's for something like driving under suspension or driving without insurance or trespassing or minor speeding or possession of small amounts of marijuana or other similar truly minor offenses, and the point of the penalty is that most people get a wrist slap and pay the fine and then if you can't pay the fine you go into the county worthless people bin for thirty days so everyone else doesn't have to see you.

Yep. If the punishment for an offense is a fine, it's only a crime for the poor. For the rich it's the cost of doing business.

Liquid Communism
Mar 9, 2004

Rust Martialis posted:

Merchan might be delaying giving Trump a custodial punishment because there's nowhere to put an ex-President in the klink.

Yet.

Leavenworth is set up for it, but if that's not secure enough we still have prisoners in Guantanamo Bay...

Liquid Communism
Mar 9, 2004

Professor Beetus posted:

I do because fines should be commensurate on one's ability to pay them. Otherwise fines are completely meaningless as a punitive measure.

I mean yes, this is the legal system working as currently designed. Fines are meant to keep certain things the privilege of the rich.

Liquid Communism
Mar 9, 2004

Caros posted:

Is there even any real value to lose at truth social? I thought most of the costs are just execs. Can't really see them missing debt payments when the majority of their costs are staffing.

90% of silicon valley is companies with zero real value and a pile of venture capital investment just in case they turn out to be the next Paypal. Uber, to use an example, posted its first profitable year in 2023. It was founded in 2009.

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Liquid Communism
Mar 9, 2004

More if Trump admits to it unprompted in court. Which is... not unlikely.

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