this post was submitted on 18 Aug 2023
168 points (97.7% liked)

politics

19127 readers
2804 users here now

Welcome to the discussion of US Politics!

Rules:

  1. Post only links to articles, Title must fairly describe link contents. If your title differs from the site’s, it should only be to add context or be more descriptive. Do not post entire articles in the body or in the comments.

Links must be to the original source, not an aggregator like Google Amp, MSN, or Yahoo.

Example:

  1. Articles must be relevant to politics. Links must be to quality and original content. Articles should be worth reading. Clickbait, stub articles, and rehosted or stolen content are not allowed. Check your source for Reliability and Bias here.
  2. Be civil, No violations of TOS. It’s OK to say the subject of an article is behaving like a (pejorative, pejorative). It’s NOT OK to say another USER is (pejorative). Strong language is fine, just not directed at other members. Engage in good-faith and with respect! This includes accusing another user of being a bot or paid actor. Trolling is uncivil and is grounds for removal and/or a community ban.
  3. No memes, trolling, or low-effort comments. Reposts, misinformation, off-topic, trolling, or offensive. Similarly, if you see posts along these lines, do not engage. Report them, block them, and live a happier life than they do. We see too many slapfights that boil down to "Mom! He's bugging me!" and "I'm not touching you!" Going forward, slapfights will result in removed comments and temp bans to cool off.
  4. Vote based on comment quality, not agreement. This community aims to foster discussion; please reward people for putting effort into articulating their viewpoint, even if you disagree with it.
  5. No hate speech, slurs, celebrating death, advocating violence, or abusive language. This will result in a ban. Usernames containing racist, or inappropriate slurs will be banned without warning

We ask that the users report any comment or post that violate the rules, to use critical thinking when reading, posting or commenting. Users that post off-topic spam, advocate violence, have multiple comments or posts removed, weaponize reports or violate the code of conduct will be banned.

All posts and comments will be reviewed on a case-by-case basis. This means that some content that violates the rules may be allowed, while other content that does not violate the rules may be removed. The moderators retain the right to remove any content and ban users.

That's all the rules!

Civic Links

Register To Vote

Citizenship Resource Center

Congressional Awards Program

Federal Government Agencies

Library of Congress Legislative Resources

The White House

U.S. House of Representatives

U.S. Senate

Partnered Communities:

News

World News

Business News

Political Discussion

Ask Politics

Military News

Global Politics

Moderate Politics

Progressive Politics

UK Politics

Canadian Politics

Australian Politics

New Zealand Politics

founded 1 year ago
MODERATORS
 

US District Judge Aileen Cannon has canceled tentative plans to hold a hearing on August 25 on a protective order for classified evidence in the Mar-a-Lago documents case against former President Donald Trump.

you are viewing a single comment's thread
view the rest of the comments
[–] [email protected] -1 points 1 year ago (1 children)

Parts of the indictment are easily winnable, parts are not winnable at all.

And parts might get removed to federal jurisdiction.

That's what makes it a show trial. Fani Willis has laid out a very nice political case against Trump, but has added shit that will make the legal case harder to prosecute. Namely, parts of the indictment that seem to be clearly First Amendment violations.

This means that under Georgia law, Trump's lawyers can file a motion to dismiss, and can do so now, or next week, or the night before the trial starts. Georgia law gives a DA two tries to get an indictment right, if it's dismissed due to problems a second time, Trump gets away with it (in Georgia, the DC case is still going to nail his ass to the wall)

Jack Smith didn't make that sort of mistake in either the Documents case or the DC indictment.

[–] [email protected] 7 points 1 year ago* (last edited 1 year ago) (1 children)

Nah, the First Amendment doesnt cover criminal acts nor is total as the trumpet found out on the Chutkin case, as for the whole case as argued, you can throw out some of the 140 listed acts, but as provided on the Georgia special vaguely RICO laws you can link those seemingly innocent 'First Amendment' 'perfect' tweets with the whole scheme which is pretty clear, steal the presidency -'wE wOn' speech et all- and we all saw it happen, now, the indictment its just a detailed timeline with specific set of acts, that when looked as a whole can be linked to the criminal enterprise -you can buy a printer, but not use it for blackmail-, be it govt officials or civilians or any group of people acting in concert, and as such under the Georgia law, the solicitation for votes, the speeches, the false statements, the tweets are overt acts aiding the conspiracy.

Seems to me, after reading the indictment, theres more than enough to satisfy the Georgia RICO Laws and that the first amendment as well as the change of venue should fall on its face but the judge is a novice and the trumpet will try it all.

As for the motion to dismiss they -trumpet lawyers- file those daily, on the most banal and frivolous grounds and they must be very well paid cause they lose them all, so l wanna see how the judge weathers the first motions from Meadows, you really cant tell anymore, just look at the Cannon debacle down in Fla, so its a flip.

The consensus from people that have argued RICO cases and won seems to be its pretty well built and there seems to be people cooperating with the Ga prosecutors, based on the accts mentioning unindicted co-conspirators declaring shit to the grand jury.

And as a final note the same Willis on the press conf that night said that some acts were added cause the grand jury considered them to be part of the conspiracy so I would not agree on the "Fani Willis" wants attention hot take, whereas the trumpet is the one sociopath crying and whining on social media and well known thinned skinned coward.

Edit. formating

[–] [email protected] -3 points 1 year ago

There are clear first amendment actions being listed as criminal in the Georgia case, every single lawyer who has read it and publicly commented has said so.

This podcast episode has actual lawyers, including a Georgia lawyer familiar with Georgia RICO law, talking about it.

If you don't want to listen to 20 minutes, there's this breakdown.

Jack Smith was careful with making sure that all the overt acts he picked were meant to stay away from protected first amendment speech. Fani Willis was not as careful. This lead to a quirk of Georgia law, the General Demurrer. This motion challenges the indictment to be more clear about what is and is not a crime. Basically the defendant says "I did these things, but they aren't a crime" and some of the items used in the Georgia indictment are not crimes, ever. Some other things are very much criminal. It's a mess.

The fact of the matter is that State DAs are often sloppy and arrogant when filing charges. Fani Willis uses RICO to drag out cases, strong arming defendants and their lawyers into accepting the convictions, because she's more interested in show trials and headlines than doing the job correctly.

Contrast Jack Smith, who is a Federal prosecutor and held to a much higher standard, and you can see how weak the Georgia case is. The really sad part is, there's enough in the Georgia case that it could be a very strong case, but the way it's written, it just isn't.