Considering the latest arraignment perhaps it’s time to make one of my periodic disclaimers. I think that
- I have never voted for Donald Trump and do not intend to do so if he becomes the Republican nominee in 2024 as is widely expected.
- I will not vote for anyone, Republican or Democrat, whom I consider to be of low character.
- President Trump should be prosecuted to the full extent of the law.
- Many may be very surprised at how difficult it will be to secure a conviction.
- Even if convicted the “extent of the law” may not be as great as some seem to hope.
Any charge that requires mens rea, intent, which I believe is all of them will be much more difficult to prove beyond reasonable doubt than some seem to think.
The ongoing attempt to remove a viable presidential candidate by manipulating the courts defines the regime in Washington as a corrupt, third world, banana republic, no different from any African tyranny. It is proof that the American experiment, a Republic, is truly dead and buried.
If you think the regime is focused only on Trump, you should look at what it is doing to RFK, Jr., and what they did to Sanders. The regime will not tolerate any opposition, and it is increasingly open in its manipulation of the courts and elections.
The 2024 election is already stolen, and it does matter. The whole Washington system is unraveling.
It will be difficult, especially as the judge and juries are already tilted in Trump’s favor in some of these cases. However, what he has done is so far out of the norms and clearly wrong that it would brand the country as a corrupt, third world, banana republic if we did not try to uphold the law. The American experiment would be over as Dr Franklin noted long ago its a republic only if we can keep it.
Steve
Does it matter if the law is rarely enforced? Not rarely broken—rarely enforced.
I will caveat it that I don’t trust polls currently.
But if polls are correct, the current course of events would make Jan 6, 2025 a doozy.
Not if it is rarely broken. This is the first time anything like this has happened in the US. I also think the mens red issue is going to be interesting. What if I think I am the best looking guy in the US and all chicks secretly want me? Is it OK if I act on that belief when in fact there is plenty of evidence that I am not? Delusional people eg believe a lot of stuff that isn’t true so they dont get to act on their beliefs. I suspect it’s going to be a matter of his claiming he believed he really won and being able to show evidence that a reasonable person would believe supports his belief. That doesnt exist so it will make the case interesting.
Steve
steve: I suspect it’s going to be a matter of his claiming he believed he really won and being able to show evidence that a reasonable person would believe supports his belief.
If you think the bank has your money and won’t give it back that doesn’t mean you didn’t commit a crime when you pointed a gun at the clerk and demanded your money. It doesn’t matter if Trump thought he won the election if he knowingly broke the law. (OJ discovered this peculiarity in the law the hard way.)
From the law used to charge Trump.
“Reckless disregard of whether a statement is true, or a conscious effort to avoid learning the truth, can be construed as acting “knowingly.” United States v. Evans, 559 F.2d 244, 246 (5th Cir. 1977), cert. denied, 434 U.S. 1015 (1978).”
https://www.justice.gov/archives/jm/criminal-resource-manual-910-knowingly-and-willfully
Steve
https://jonathanturley.org/2023/08/04/making-history-in-the-wrong-way-the-second-trump-indictment-is-a-threat-to-free-speech/#more-208050
Unemployment August 2020-8.4%.
Steve
{Sorry for the delay in responding}
steve: From the law used to charge Trump.
The link refers to 18 U.S.C. § 1001. That was a charge in the documents case but not the latest charges on election fraud. It is important in the documents case because inadvertently keeping classified documents would not be a crime.
ETA: There’s no doubt that Trump’s lies will be an issue in the election fraud trial. It exhibits method, motivation, and malintent, which juries often find important to understand the alleged crime. The prosecution will advise the jury to use their common sense.