Wednesday, November 06, 2024

Win Means End to Federal Cases Against Trump

Trump's win means the federal prosecutions against him go away. Special counsel Jack Smith is deciding how to end them because Justice Department policy says sitting presidents cannot be prosecuted regardless of how much evidence has been obtained of the crimes they have committed.

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... Smith charged Trump last year with plotting to overturn the results of the 2020 presidential election and illegally hoarding classified documents at his Mar-a-Lago estate. But Trump's election defeat of Kamala Harris means that the Justice Department believes he can no longer face prosecution in accordance with decades-old department legal opinions meant to shield presidents from criminal charges while in office. ...

#1 | Posted by LampLighter at 2024-11-06 05:43 PM

Related?

Trump's Ability to Move Past Legal Woes Faces New York Test
www.bnnbloomberg.ca

... Donald Trump's ability to quickly move past his criminal cases as president-elect will get an early test in New York later this month.

In May, a New York state jury found Trump guilty of 34 felony counts for concealing a $130,000 payment to former adult-film actress Stormy Daniels to keep her quiet about an alleged sexual encounter. Manhattan District Attorney Alvin Bragg alleged the payment was part of a scheme to influence the 2016 election by keeping tabloid stories from being published.

Trump's lawyers are expected to move to call off his sentencing in the so-called hush-money case, set for Nov. 26, and toss out the verdict now that he is president-elect. The 78-year-old faces as long as four years in prison for falsifying business records.

It will be up to Justice Juan Merchan to decide what happens next. And even before he addresses the sentencing, he faces a self-imposed Nov. 12 deadline to rule on Trump's outstanding request to throw out the case as a result of the US Supreme Court's landmark ruling on presidential immunity.

"Right now we're in uncharted territory," said Robert Tsigler, a criminal defense lawyer based in Manhattan who isn't involved in the case. "This has never happened before, so the exact path is very difficult to predict."

The New York matter is one of four prosecutions Trump had to contend with during his campaign to return to the White House, including two federal cases, all of which now face uncertain futures given the vast powers of the US presidency. ...


#2 | Posted by LampLighter at 2024-11-06 05:46 PM

Trump will never face justice. Sad state of affairs these days.

#3 | Posted by LauraMohr at 2024-11-06 05:46 PM

Why should they be winding it down?

#4 | Posted by Tor at 2024-11-06 05:50 PM

@#4 ... Why should they be winding it down? ...

From #1 ...

... the Justice Department believes he can no longer face prosecution in accordance with decades-old department legal opinions meant to shield presidents from criminal charges while in office. ...

#5 | Posted by LampLighter at 2024-11-06 06:06 PM

Thank you Lamplighter that's stupid of them but I appreciate your telling me they're stupid opinion.

#6 | Posted by Tor at 2024-11-06 06:41 PM

@#6

Yeah, I'm not yet convinced that it is stupid.

The DoJ needs steadfastly to remain apolitical. As it has done through these recent difficult times.

So, prosecuting a person that the US voters have elected for President may not be the best approach to that apolitical aim.

What I will be looking to watch is...

1) how SC Smith winds the cases down. Will he leave them open for a future, post-2029 revival? From what I've heard (and I will state once again, I am not a lawyer) that double jeopardy does not apply until a jury is seated.

2) will Pres-elect Trump use his appointed DoJ officials to permanently kill the cases?


Given the Pres Trump 1.0 behavior in the waning days of his presidency regarding the DoJ, I'd proffer (2) is more likely.


#7 | Posted by LampLighter at 2024-11-06 06:50 PM

JFC people need to begin expanding their imagination.

Wind down the investigation?

Jack Smith will be running from warrants for the next however many years. He'll be lucky to avoid prison.

People simply do not comprehend the powers that Shitler now has. The DoJ will be his personal law firm.

They are no longer required to be independent. Shitler will put people in their that gladly, self-righteously will take up that standard.

#8 | Posted by truthhurts at 2024-11-06 07:05 PM

@#8 ... Jack Smith will be running from warrants for the next however many years. He'll be lucky to avoid prison.

People simply do not comprehend the powers that Shitler now has. The DoJ will be his personal law firm. ...

I do not disagree.

Which is why I laud the current DoJ for acting like an adult in the room.


#9 | Posted by LampLighter at 2024-11-06 07:30 PM

Incredible to think that the party of supposed patriots just reelected a POTUS who stole state secrets and likely committed espionage and will now use the government to go after people for doing their jobs.

They're so deranged they don't even have a clue how anti-American they are.

#10 | Posted by jpw at 2024-11-06 08:04 PM

They're so deranged they don't even have a clue how anti-American they are.

Their concept of "American" is a native born white man.

#11 | Posted by REDIAL at 2024-11-06 08:15 PM

They're so deranged they don't even have a clue how anti-American they are.

Posted by jpw at 2024-11-06 08:04 PM | Reply

He tapped into their racist xenophobic homophobic and transphobic beliefs and they gave him their loyalty. That's why.

#12 | Posted by LauraMohr at 2024-11-06 08:19 PM

Don't forget misogynistic beliefs as well.

#13 | Posted by LauraMohr at 2024-11-06 08:26 PM

Don't forget misogynistic beliefs as well.

Close to the top, I would bet.

#14 | Posted by REDIAL at 2024-11-06 08:27 PM

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