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Trump and His Lawyers Dare NY Judge to Throw Him in Jail (www.rollingstone.com)

submitted 1 year ago by TheJims to c/news

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[–] Synthead 187 points 1 year ago (2 children)

“When a defendant honestly believes he can’t possibly get a fair trial from the judge, one of the tactics is to antagonize the judge to a point of causing reversible errors,” Dershowitz says. “That is what happened in the Chicago 7 case, and I was one of the lawyers on the appeal in that case. Abbie Hoffman provoked Judge Hoffman to such a degree that the judge made mistake after mistake. And courts of appeal often reverse convictions or verdicts when the judge has made serious errors.”

What a dick. This does not sound like the legal process at work at all. Besides, innocent people would never do this.

[–] [email protected] 56 points 1 year ago (1 children)

The tactics have included attacks on Engoron’s court clerk, filibustering the prosecution’s witnesses with repetitive questions, and raising legal arguments the judge had already specifically prohibited.

Responding to these provocations with contempt charges is correct and proper. Any appeal court judge is going to see that Trump was treated with kid gloves here.

And it kinda doesn't matter what political party the appeal judge is. They really don't like people being disrespectful to them and ignoring their orders. It's like the number one thing all judges hate. This strategy will probably not work.

[–] njm1314 13 points 1 year ago (1 children)

I don't know about that last part so much. Current conservatives have shown that there is no level that they won't sink to and no level of hypocrisy they won't espouse.

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[–] IzzyJ 10 points 1 year ago* (last edited 1 year ago) (2 children)

It's so dumb that an appeal for a mistrial can get the whole case thrown out rather than simply retried with a different judge

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[–] [email protected] 118 points 1 year ago (3 children)

As the article mainly states, this isn't just because Trump can't help it but also as a strategy to make it easier to get a favorable appeal. Plus, it would stoke his favorite way to portray himself, as a victim, and fundraising:

there have been recent conversations among some of Trump’s 2024 campaign brass of how much of an immediate fundraising boost they would enjoy, if a New York judge were to try to put Trump in a cell for even a minute. “All the cash in the world,” one Trump political adviser says.

[–] phoneymouse 99 points 1 year ago (2 children)

I think the solution here would be for the judge to go after Trump’s lawyers. From the article they’re engaging in some of this behavior themselves, in addition to encouraging it in Trump. But, they want the optics of Trump getting imprisoned in order to play victim and try to help an appeal. Seems the judge could side step that and go after the lawyers instead, who have more to lose.

[–] RestrictedAccount 60 points 1 year ago

Winner winner chicken dinner!

Lawyers are officers of the court and she can grab them by the short and curlies.

[–] [email protected] 21 points 1 year ago

She should remand the entire Trump legal team to the jail for a day, and require Trump to stay at his home for that day as well.

[–] [email protected] 40 points 1 year ago* (last edited 1 year ago) (2 children)

Can the judge jail the lawyers for repeatedly violating his orders? They should know better than to antagonize the court.

[–] SheeEttin 14 points 1 year ago (3 children)

Sure. A judge can hold anyone in contempt of court, and they can fine or jail them for any length of time.

[–] [email protected] 6 points 1 year ago (1 children)

But could you hold a lawyer in contempt of court for something their client tweeted? That doesn't seem likely.

[–] Madison420 6 points 1 year ago

Yes you can. It's the lawyers job to keep their client in hand not the judges or the courts.

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[–] [email protected] 10 points 1 year ago

I am far from an expert, but I don't believe so. The court can fine them or maybe recommend them for censure and disbarment.

[–] cosmicrookie 13 points 1 year ago

Yeah... Trump political advisers seem to be correct all the time...

[–] [email protected] 93 points 1 year ago (6 children)

According to two sources familiar with the matter and another person briefed on Team Trump’s legal strategies, the former president and his lawyers are intentionally trying to provoke the judge into a nuclear-level overreaction.

This? Is the plan?

That's like saying you're going to kill a dragon by hopping into its mouth.

[–] RememberTheApollo_ 54 points 1 year ago (1 children)

Overreaction?

How is it an overreaction when any normal person would have been tossed in jail months or even years ago?

[–] FlashMobOfOne 24 points 1 year ago* (last edited 1 year ago) (3 children)

Normal people don't have a few thousand people out there waiting for an excuse to shoot people.

But they should jail Trump anyway. When you have such a dangerous following, it's even more important that the law come down hard.

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[–] [email protected] 20 points 1 year ago (1 children)

According to two sources familiar with the matter and another person briefed on Team Trump’s legal strategies, the former president and his lawyers are intentionally trying to provoke the judge into a nuclear-level overreaction.

I think Trump's legal strategy is he knows he's lost already. He's going to be fined and run out of business. So is his only hope is if he and his lawyers are obnoxious dicks and provoke a reaction to force a mistrial or grounds for appeal. Also he can whine about "witch hunt" and the usual nonsense to his base if he's found in contempt or held accountable for his actions. Expect this nonsense to happen in his criminal trials too.

[–] [email protected] 5 points 1 year ago

I think Trump’s legal strategy is he knows he’s lost already.

I'm pretty sure he has lost already and guilt has been legally decided. This is to determine the penalty. FTA:

Engoron ruled in September that Trump's financial statements contained fraud.

This trial is to determine the depth of the fraud, and importantly, the consequence appropriate depending on the outcome. The whole strategy now is to delay and get to appeal probably with the number one goal being to get elected again and create a legal quagmire, or simply ride out the rest of his years until his milkshake-filled arteries realize he hasn't ever had a heart and the only thing that's been pumping this long is pure narcissism.

This is, sadly, probably the least stupid thing he could do, because the more facts you learn about Trump, the more you'd think his fetish is just bending over and getting fucked by a strap-on wielding Lady Justice.

[–] [email protected] 17 points 1 year ago (1 children)

If the judge loses it bad enough, they can claim "judicial bias" and have a pretty clear path to mistrial/appeal. Given the situation, it's probably the best play they have.

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

Any normal defendent would be in jail though, probably before the trial even started, but definitely after calling a judge names while in court. I'm simultaneously shocked and not at all surprised he isn't.

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[–] clutchmatic 15 points 1 year ago

If the lawyers get disbarred then Trump gains time but the lawyers' careers are fucked

[–] afraid_of_zombies 10 points 1 year ago

To be fair it does work if you have an immovable rod and a DM that honors rule of cool.

[–] TechyDad 5 points 1 year ago

"Step 1, I hop into the dragon's mouth. Step 2, ???. Step 3, the dragon dies and I emerge victorious! There are no holes in this plan at all!"

[–] Rhoeri 59 points 1 year ago (1 children)

Dude needs to stand before a firing line, not go to jail.

[–] [email protected] 18 points 1 year ago* (last edited 1 year ago) (14 children)

That's a lil extreme my guy

Edit: what fuckin world do we live in, where someone says that a politician needs to be shot to death, and the controversial opinion is to not shoot someone? Am I crazy for thinking that killing trump wouldn't solve anything? We shouldn't give people a martyr. The best way to get rid of someone is by shaming them and forgetting them.

[–] Rhoeri 50 points 1 year ago* (last edited 1 year ago) (2 children)

“Furthermore, 18 U.S.C § 2381, states that a person guilty of treason against the United States “shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States.”

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[–] lateraltwo 37 points 1 year ago (10 children)

When he says that on a fringe social media platform it's "lil extreme"

When Trump says that 5 thugs need to be put to death, who were found Innocent, it's just an opinion everyone is allowed to.

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[–] Rhoeri 12 points 1 year ago (7 children)

To respond to your edit:

Death as a punishment for treason would do a lot to stem the tide of treasonous fucks that are currently holding high positions in our political system.

The time for leniency is OVER. And making a martyr out of a huge sack of shit is just fine- let more of those fucks step out of line and see what happens.

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[–] [email protected] 11 points 1 year ago

I think it is more towards the fear of him becoming re-elected and death -- while indeed extreme -- would prevent such an outcome.

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[–] takeda 54 points 1 year ago* (last edited 1 year ago)

I guess he is daring NY Judge, because it is a civil case.

He probably should have his release conditioned on gag order in federal cases. And he should be jailed if he breaks it.

If the fear is that his fans will riot, newsflash: they follow identity politics, they don't care how guilty trump is. Whatever they plan to do, they will do it anyway. So either treat him like you would treat anyone else for similar crimes or just forget about trials and let him do whatever he wants without any consequence. Because there's no point in wasting time if he can't be punished.

[–] xkforce 53 points 1 year ago

Throw all of them in with the normal prison population and any conservative that tries to "liberate" them.

[–] rustyfish 46 points 1 year ago

This reads like a dumpster fire. I hope the judge is way more level headed than I.

[–] postmateDumbass 43 points 1 year ago (2 children)

The defense is just trumping up reasons for endless appeals.

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[–] [email protected] 35 points 1 year ago (1 children)

I will straight up double-dog-dare them. I bet they won't, they don't have the balls.

[–] Etterra 5 points 1 year ago (1 children)

What are the Vegas odds?

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[–] abigscaryhobo 27 points 1 year ago (1 children)

Same as every other time he has tried to stir shit with these trials. All they have to do is keep a level head and let the hammer drop. They've got him, the evidence is there, all they have to do is get the trials to go through with as few hiccups as possible. These judges need to keep a level head and they should be able to do so easily because, despite all the petulant whining and diversionary tactics, they've got him.

[–] xkforce 25 points 1 year ago* (last edited 1 year ago)

People said this many times before and he weaseled out of it. I will be optimistic if and I stress IF he ever faces consequences

[–] [email protected] 21 points 1 year ago

Fucking do it already.

[–] cuibono 17 points 1 year ago* (last edited 1 year ago) (2 children)

Someone said that he could still become president even if he went to prison. Is that true? I don't understand how that would even work.

[–] TangledHyphae 24 points 1 year ago (1 children)

There's some weird argument by his cult that it's not in the constitution that a president can't be in prison. It's a lot of mental gymnastics, ignoring the fact that he traitorously stole classified nuclear documents from the US government, along with subverting democracy in the RICO case with the 18 co-conspirators.

[–] [email protected] 19 points 1 year ago (2 children)

You're conflating two things here. There is absolutely nothing in the cotus that bars someone from becoming POTUS because they are in jail. Imo, there should not be, just like you should not lose your right to vote simply for being a felon.

However, there is something in the cotus that bard someone from being an officer of the state if they've been part of an insurrection. This, imo, should bar him, but I'm curious to see how the court cases play out.

[–] TangledHyphae 5 points 1 year ago* (last edited 1 year ago) (1 children)

Isn't being a traitor to the US (RICO case + stolen documents + Jan 6th insurrection) against the constitution though?

This Chicago Tribune article goes into more detail.

[–] [email protected] 5 points 1 year ago* (last edited 1 year ago) (4 children)

Treason is defined in the cotus, and none of the three things you posted would rise to the level of treason. The article even talks about it. Neither the Rico charges nor the classified documents, even with a conviction, would bar him from the presidency, but the jab 6th could make him ineligible.

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[–] TechyDad 8 points 1 year ago

Technically speaking, yes. Trump could be sent to prison tomorrow and still be elected President. There isn't any "the President can't be currently incarcerated" requirement. (Likely because the founding fathers thought it was self evident that a criminal shouldn't be elected President.)

As for how it would work, nobody knows. It's never happened. Would he get to go to the White House for 4 years and then have to return to prison to serve the rest of his sentence? (Assuming here that he couldn't just pardon himself.) Would he need to conduct presidential business from the Square Cell instead of the Oval Office? Would a SCIF need to be set up in the prison so that Trump could review classified materials from his cell?

We would be in totally uncharted territory if this happened.

[–] [email protected] 6 points 1 year ago (3 children)

Never gonna happen. Judges aren't going to do shit to this guy without a guilty jury verdict.

Even then they'll probably wimp out.

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