this post was submitted on 16 Jan 2024
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At this point the only things between Trump and a jail cell are:
The courts must rule in the coming days (probably this month, Jan 2024) that Presidents are subject to criminal prosecution. We know Presidents are not subject to civil prosecution, but the courts are deciding about criminal prosecution now. (Trump argues it would be "bedlam" if Presidents were subject to the law).
A jury decision in mid 2024. If that jury says "guilty", it's over, Trump is a convicted felon.
Oh, you mean the court that trump himself stacked in favor of the GOP? The same court that has voted along party lines in like 98% of their rulings? Impartial my ass!
The immunity appeal that I’m referring to in #1 has 3 judges, none of which were appointed by Trump. (https://www.nbcnews.com/politics/donald-trump/appeals-court-weighs-trumps-immunity-claim-election-interference-case-rcna132281)
The case I’m referring to in #2 has a judge that was not appointed by Trump. (Tanya Chutkan)
Case #1 might eventually be considered by the Supreme Court though, and your criticism would apply there.
Also, Trump's trial over mishandling classified documents is overseen by Judge Cannon, who Trump appointed, which is a sham. Cannon should have recused herself.
Do you honestly believe there won't be any stalling or controversy between now and mid-year that won't delay it any further?
I don't know. Once the courts rule he can be prosecuted, and the trial date is already set, I don't know what other argument can be made to stall.
They don't need a ruling to set a trial date. He isn't the president anymore. He can be tried. The fact that they're not is a symptom of a greater evil in our system.
Trump may or may not eventually end up in prison, but it's naïve after the past 8 years to assume that there are only two ways this could all shake out, and that you can predict them.
A possibility that will almost certainly be less absurd than whatever actually happens:
Trump wins a second term, manages to get the FedSoc 6 to rule that a sitting president can't be imprisoned because it would violate separation of powers. So multiple states are just waiting for his term to end so they can actually arrest him. (Feds can't arrest him because he has pardoned himself for all past, present, and future crimes)
Then in the last month of his presidency he takes a diplomatic trip to Russia and just never comes back.
I don't mean there are 2 ways this can shake out. I mean there are 2 legal barriers in the way. Once the courts rule that Trump can be prosecuted, then the trial date is set for spring. The judge is motivated to hold to that trial date. The prosecutors have their evidence and arguments ready for the jury.
On the possibility of Trump pardoning himself, it's not clear that a President can pardon himself and the supreme court would probably end up having to rule on that.
If Trump is a convicted felon, then he probably can't get enough votes to win, but I don't know, the cult is strong with this one.
Which means he can't vote for himself.
Convicted felons can be president.