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| credit: Bagley, Salt Lake Tribune BC Idonwanna sez: They ain't cheap, Kimosabe! |
Update: Judge Merchan punted and put-off sentencing soon September 18th until after the election to give the defendant more time to perfect his procedural appeal on grounds of immunity. He also gave himself more time to write his decision on defendant's immunity claims which will result in more appeals. So, Team Trump is 3 for 4 with only one case against him having been tried to a verdict. This result demonstrates the power of money in the criminal justice system. Unlike federal Judge Chutkin, Merchan he referred to the proximity of the presidential election as a factor in his decision making. Merchan said he was reluctant to grant more time, but in the interest of appearing impartial he decided to grant a continuance for the second time before sentencing. Trumpilini's mob has ruthlessly portrayed Merchan a political hack out to get the former president. It did not help that the DA's office took no stand on the request for more delay. It is all up to the voters now, and if he wins he may never spend a day in jail. That result would be a true travesty of justice akin to a less affluent defendant being executed for crime they did not commit.
Trump federal prosecution for election interference was back before DC District Judge Tanya Chutkin this week to determine how to proceed with the case after the MAGA Court granted Don the Con extraordinary immunity. The idea that a president is above the law is repugnant to people who believe in American democracy and is made from whole cloth by partisan Chief Justice Roberts. Nevertheless the decision is the law of the land until Congress passes corrective legislation and Chutkin must follow its contours.
Needless to say the sides differ widely on how to proceed. The Special Prosecutor wants an early evidentiary hearing, while the defense made it clear it intends to appeal every step of the way. Chutkin admitted any kind of hearing is months away, but she set an ambitious hearing schedule and told the defense the election is irrelevant to eventually trying the former Boss. She ordered the defense to respond to the government's brief on the effect of immunity by October 17th. His lawyers will argue that the MAGA Court's ruling means the entire case must be dismissed because the indicting grand jury was exposed to privileged presidential communications. That is unlikely to happen at the trial court level. The government's brief will likely contain new information not in the superseding indictment. The defense team showed that it was sensitive to new information being made public that could affect the election results. Too bad, Donny. She also gave defense attorneys until October 24th to object to the appointment of Jack Smith, which they have done in the Mar-a-Lago Papers case . They were rewarded with an out-of-bounds dismissal by Judge ? Aileen Mercedes Cannon. The problem is there is binding precedent in DC on the constitutionality of special prosecutors that no amount of obiter dicta in a concurring opinion or ludicrous rulings from another district can overturn.
The hearing was tense according to observers, which is understandable since this is most important criminal prosecution this century with major consequences for the nation's democratic future. At one point Mr. Lauro misspoke and said Justice Clarence Thomas "directed" his team to pursue the argument that Smith was unconstitutionaly appointed. Before he could correct himself by saying Thomas raised the issue in a concurring opinion, Judge Chutkin incredulously asked, "He [Justice Thomas] directed you to do that? Smith nodded his head in agreement before Lauro backed off his statement. Meanwhile, Don the Con is free to flood the airwaves with incoherent ranting and lies. His lies are remarkably effective because he is restlenttless in repeating them. He is still telling lies from six years ago, but the CMM gives him carte blanche because his lies are not new, as in 'news'. While watching a "delusional, deranged old man" campaign for another term Joe Biden must be gritting his teeth. Joe is an American hero unlike the fake man of the people.
The action on other legal fronts is fast and furious. Actor James Baldwin's New Mexico prosecution for negligent homicide got a brief from the prosecution asking the trial judge to reconsider her dismissal of the case for failure to turn over potentially exculpatory evidence to the defense. Hack lawyer US Person is skeptical of the correctness of the ruling, and it seems the prosecutors agree. The prosecution's theory is that Baldwin was negligent in handling his loaded pistol by failing to check its contents before pointing it at his cinematographer, killing her with a single bullet. Consequently, consequently prosecutors did not think the real bullets handed in to the sheriffs office were relevant evidence since it was Baldwin's actions in question. Baldwin was not entitled to rely on the statements of colleagues that the gun was "cold" under commonly accepted standards of care in the film industry, especially since those colleagues may not have been aware of who handled the gun before it was given to Baldwin, or that there were live rounds on the set. There is also evidence that the defense knew about the bullets being turned in before trial, but did not request them in discovery. The prosecutor called their late objection at trial "a ruse" to get the case thrown out. Undoubtably this case will go to the appellate level before it is over on a perhaps novel question of criminal procedure in these circumstances.
Unconstitutional special prosecutors in the Hunter Biden criminal case are not a concern to Repugnants. They never let illogic bother their character assasination, and they got their pound of flesh this week. Biden unexpectedly plead guilty on all counts of tax evasion just before his jury was sworn in. He wanted to enter an Alford plea--in which there is no admission of guilt-- but the judge rejected that request. Biden then threw himself on the mercy of the court. Don't count on it despite him having paid all the back taxes and penalties. Remember, no one is above the law! Unless you are Donald Trump.
