this post was submitted on 22 Nov 2023
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[–] Motavader 115 points 11 months ago (4 children)

These judges like Wallace are people too, with families who cannot hide behind anonymity like a high profile jury in a mob case. They've seen what Trump's Brown Shirts will do to those they don't like: anything from incessant threatening phone calls to attempted murder with a hammer. What an impossible position to be in: serve justice, or risk your family being stalk and possibly assaulted.

This is how democracy dies. It takes very brave people in power to stand up to someone like Trump.

[–] FlyingSquid 112 points 11 months ago (2 children)

Judges take that risk every time they take a criminal case on. That criminal could always have friends who plot revenge on the judge. And it does happen and judges are aware of it. So that's a poor excuse.

I also don't believe ruling against him will lead to a civil war or anything like that. Not when January 6th was a complete failure. Most Americans, even Trump supporters, aren't interested in picking up a gun and getting on the front lines.

[–] [email protected] 54 points 11 months ago* (last edited 11 months ago) (1 children)

Judges take that risk every time they take a criminal case on.

Not at the level of Trump, they don't.

What makes Trump unique is that he is the leader of a massive cult. Our retaliation and intimidation laws don't work so well against those kinds of people because they don't give direct messages to make something happen. They give public statements and weaponise the wackos who 'took things the wrong way'.

These wackos had the balls to storm the capitol. They won't think much about a judge's home.

[–] gAlienLifeform 21 points 11 months ago (1 children)

Cults, mafias, and terrorist organizations have been doing the "troublesome priest" routine for forever, and prosecutors judges and juries have been able to see through their bullshit and apply laws anyway. It isn't easy, and there's certainly lots of times those organizations (mafias in particular) have been able to corrupt or intimidate people, but it got done and it can be done again.

[–] [email protected] 8 points 11 months ago* (last edited 11 months ago) (6 children)

This isn't like those. None of those even come close. Those have the power to maybe get someone, maybe even a few people, murdered. Trump's useful idiots were prepared to storm the capital and upend democracy in the USA, and they very nearly succeeded.

Trump doesn't operate like a traditional cult. There are no official cult power structures or communication channels. He just has to hold a press conference and let the mainstream media do its thing. He just needs to say 'we need to fight for our rights' and then mention a target in the vein of 'this person is a corrupt individual who undermines democracy' and they'll be at that person's house in thousands.

Which is why I wish they were much harsher on him when it came to violating gag orders.

Sure, they might be able to trace back evidence to pin on him. Years after the judge is dead.

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[–] [email protected] 14 points 11 months ago* (last edited 11 months ago) (2 children)

Judges take that risk every time they take a criminal case on

The difference here is scale, they don't usually have to worry about a third of the country hating their guts for making a decision

Nor is there a certainty in most cases that criminals will have people who want to harm a judge, unlike with Trump

Yes it's a threat they see often, but it's nowhere near the usual level they see it at and it's very understandable why someone might be legitimately terrified of the situation

[–] FlyingSquid 17 points 11 months ago

Judges can recuse themselves if that's how they feel. They don't have to be there if they don't want to be.

[–] gAlienLifeform 15 points 11 months ago

Understandable, but giving into terror is only going to bring more of it on you and everyone else too.

Also, I wonder if every soldier who ever got their life threatened or taken serving our military felt terror, and why their terror would be any less worthy than what these judges are feeling. Those judges took an oath to defend our country in their own way, and they need to make good on it.

This isn't easy, but it isn't complicated either.

[–] [email protected] 8 points 11 months ago

You either fight now or you fight later.

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[–] Burn_The_Right 81 points 11 months ago* (last edited 11 months ago) (3 children)

Alt Headline: Judges would rather hand our country to fascists than to hold a fascist accountable

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[–] bmsok 81 points 11 months ago* (last edited 11 months ago) (2 children)

Holy shit. Let justice prevail. This asshole needs to be a convicted felon. Judges are getting scared to do their jobs.

I'm in the medical industry. I put blinders on every day. I don't care what brought you here or why you're handcuffed to the bed.

Yes, I'm proud to say I've worked in a prison ward and been swung at and almost stabbed a few times.

I still show up to do my job.

Putting out a hit list and having a cult of followers that intimidate you and disobey you to this degree is fucked up. Judges should be impartial, of course. That also should allow them the right to reign in a flagrant bullshitter and bully when they see one.

[–] Orbituary 8 points 11 months ago

You're doing amazing work. Thank you.

Unfortunately, self preservation and turning a blind eye to suffering are what psychopaths who want nothing but power excel at.

Expecting them to do the right thing is untenable. It goes against their nature. We are incredulous for all the reasons they are not remotely phased by bad behavior.

[–] [email protected] 75 points 11 months ago (3 children)

It's odd to say that Engoron is afraid to rule against Trump when he already ruled he's guilty of fraud. I'd also love to see him fined a billion dollars or to spend time in jail for contempt of court but Trump and his team are baiting him to take more extreme action to argue bias on appeal. Keeping his orders beyond reasonable is probably the right move to protect his verdict moving forward. Same goes for Chutkin. She's probably more reluctant to help Trump open a door to appeal than afraid to have him spend a night in jail or whatever.

[–] [email protected] 25 points 11 months ago

Judge baiting should itself be contempt.

[–] [email protected] 12 points 11 months ago (2 children)

This is exactly it. People expecting Thor's hammer to drop are mistaken.

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[–] badbytes 11 points 11 months ago

Same reason, judge has let all those idiot expert witnesses and let them spout off to a degree. Trying to leave no room for appeal.

[–] [email protected] 41 points 11 months ago (1 children)

Congressional republicans really hung the entire country out to dry when they chose to cross that line with him. That's what it all comes back to. These questions should never be riding on individual judges; it's why the legislative branch was defined as its own thing and not just another arm of the president. But they signaled to everyone that his actions were just fine within the framework of the gov.

I mean the whole point of this country was to NOT have power consolidated in one office, and these clowns are just going full-steam ahead on sending us back there again, and dumping all of their resources into convincing the public it's a good thing. Some days I just don't know what kind of backward mirror world we fell into.

[–] MotoAsh 25 points 11 months ago (3 children)

You make the basic mistake of assuming Republicans care about a republic or democracy. They do not. They want to RULE at any cost. Democracy itself is a barrier to them. Why would they EVER respect something even higher order like separation of powers?!

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[–] Sanctus 15 points 11 months ago

No excuses, you take the risk of being targeted with each case. What they're actually afraid of is to burn their God on the pyre. Just look at Cannon, she is clearly trying to avoid a Judas moment.

[–] [email protected] 12 points 11 months ago* (last edited 11 months ago) (1 children)

We USians gave that shithead Trump access to the largest spying network in the world and are surprised that Trump might be extorting and blackmailing judges.

[–] [email protected] 2 points 11 months ago (1 children)

Well it wasn't like we did it ourselves, they called it "pied piper" for a reason

[–] gAlienLifeform 7 points 11 months ago

Also, far far far too many people voted for him, but never let it be forgotten that a majority of American voters did not support him in 2016 or 2020

Side note, I love your username

[–] nutsack 11 points 11 months ago

he's basically a sovereign citizen

[–] [email protected] 10 points 11 months ago (1 children)

I think they're afraid of appeals. Whatever they do, they want to make it stick

[–] [email protected] 13 points 11 months ago (1 children)

And they've succeeded in making appeals difficult. The judge made a factual ruling that Trump engaged in insurrection, so any appeals also must accept that as a fact.

It may not have been the outcome we hoped for, but it's a strong step in the right direction.

[–] shalafi 4 points 11 months ago

Such fine legal maneuvering. I was sorely disappointed until I learned of this.

[–] [email protected] 7 points 11 months ago

At what point does this removed just not get killed

[–] SCB 4 points 11 months ago (1 children)

This is, conceptually, a really important discussion. This author treats this important discussion like an early 2000s Myspace page.

As fodder in the spin wars, her ruling has a little something for everyone. Trump supporters can rightly note that Wallace rejected arguments (like mine!) that their guy is ineligible for the presidency; Trump critics can respond that, after trying the issue, she found Trump indeed engaged in the insurrection, even though he was not among the rioters at the Capitol that day.

This is just truly awful writing for such an important piece of potential American history.

[–] gAlienLifeform 7 points 11 months ago (2 children)

This important piece of American history is kinda like an early 2000s Myspace page, or something embarrassing and juvenile like that. Like, let's not forget that we're dealing with an existential threat to our country and way of life that's taken the form of Donald fuckin Trump, quite possibly the trashiest piece of 80s excess and reality TV to ever walk this planet. The whole thing is both very stupid and incredibly serious.

If it's any comfort, I'm sure there were people in the 30s who thought getting messages from Hitler and FDR over those newfangled radios was kind of trashy too.

[–] [email protected] 6 points 11 months ago

If any of us were sent back in time to try to stop him, could we convince anyone that this is actually real?

It feels so surreal watching Trump take power. It's like living in a Simpsons cartoon.

[–] SCB 2 points 11 months ago

This important piece of American history is kinda like an early 2000s Myspace page, or something embarrassing and juvenile like that

Lol I suppose there is a sort of poetry in the coverage matching the subject matter.

[–] [email protected] 4 points 11 months ago

I've never heard of that site before, but that was a well-written piece and a good read. Thanks for sharing it.

[–] RememberTheApollo_ 3 points 11 months ago (1 children)

Pity they couldn’t court martial him. He was CiC when he fomented insurrection. That would really blow the conservative mind, with their military worship they wouldn’t know what to do. Attack the military for throwing trump in Leavenworth?

[–] [email protected] 14 points 11 months ago* (last edited 11 months ago) (1 children)

A very important distinction of the Commander-in-Chief is that they specifically are a civilian and are not a part of the military. That a civilian is above the military. A civilian non-combatant does not fall under the UCMJ. Civilian combatants (in a nation vs nation conflict) can fall under the UCMJ and routinely do in times of war in the US of course.

[–] RememberTheApollo_ 2 points 11 months ago

In this case that’s a pity.

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