Posted on 03/23/2023 6:22:33 AM PDT by SeekAndFind
One of the things I often have to remind people about, including lawyers who should know better, is that each state has its own unique laws and procedures. What is no big deal in most places may be a fiasco in another.
For Donald Trump, the upcoming New York "falsifying business records" charge he may be facing would be laughed out of court almost everywhere, as no money was stolen and no harm to anyone seems to have been done. Unfortunately for him, he is stuck in the Empire State. And as unfair as it sounds, I think Mr. Trump is in some real trouble.
The plan the Manhattan D.A. has is to convict him on a trivial offense, then hope a vindictive judge will throw the book at him. This happens all the time to suspected mafiosi in New York courts, and it may be what's going on here.
Start with the supposed two-year statute of limitations on misdemeanors underlying the prosecution. It is expected that D.A. Bragg's office will overcharge Mr. Trump, with several felonies, in part just to get around the two-year limit. But that may not even be necessary. Unfortunately, as many people are now discovering, the statute of limitations tolls for the time a defendant resides out of New York State, as Mr. Trump has the last six years. So the statute of limitations most likely won't come into play.
Then, thanks to the persistence of organized crime in New York, there has evolved an astonishingly wide theory of misdemeanor "intent to defraud," developed in such organized crime cases as People v. Kase.
(Excerpt) Read more at americanthinker.com ...
Trump will not be handcuffed and he will not be incarcerated. The Secret Service will not permit this. They have a job to do and their authority reaches far above some borderline retarded state prosecutor.
Hobbling the Secret Service is a Pandora's Box nobody in DC wants to open.
I do predict Trump will field the worst legal team available who will allow the jury to be filled with partisan anti-Trump activists. He'll be convicted of a misdemeanor, which will immediately be appealed and overturned in a higher court.
Dan Bongino went through all of the rules the Secret Service must adhere to , to keep the president safe. If Trump is indicted, all hell will break loose. The president’s safety is paramount before any clown circus of a trial.
some borderline retarded state prosecutor
~~~~
BOROUGH of NYC prosecutor, even less.
I’m surprised they haven’t gone after his kids...that we know of. I fear that would he the one vulnerability that could make him quit the race.
I think they did ... I’ll leave it at that for now ...
Precisely so. I have a friend who engaged in securities development in such a manner that everyone who participated was enriched. that is to say, everyone. There were no injured parties. there was no money lost. No one was taken advantage of. Everyone, and I do mean every single person with any contact at all to this work, benefitted financially well beyond any initial investment.
Nevertheless, the SEC determined in its wisdom that my friend had violated the spirit if not the letter of the law and must be punished. This elderly gentleman with substantial health issues, was imprisoned at a harsh federal prison for a year until he was released for medical reasons.
The charge? The state was the injured party by virtue of its policies and procedures not having been followed in the correct spirit. This was, of course, in New York.
Wonderland anyone?
Actually, I take this back.
The Democrats have shown themselves willing to destroy institutions at great cost to themselves in every effort to take down Trump.
I could totally see them enacting regulations to vastly diminish the power and authority of the Secret Service if it means that their far-left base might get to see a photo of Trump in handcuffs.
Won't work. Red areas lack the pedigreed sophistication of New York statutes and lawyers that have evolved over decades to fight complex crime cases in the world of Mafias and financial fraudsters. There is nothing of comparable complexity in red areas, where laws are simpler, experience in complex litigation lacking, and any clever My Cousin's Vinny from New York can run circles around the red area lawyers and DAs.
“Unfortunately, as many people are now discovering, the statute of limitations tolls for the time a defendant resides out of New York State, as Mr. Trump has the last six years. So the statute of limitations most likely won’t come into play.”
That’s not what the law says:
NY Criminal Procedure (CPL) CHAPTER 11-A, PART 1, TITLE C, ARTICLE 30
§ 30.10 Timeliness of prosecutions; periods of limitation.
1. A criminal action must be commenced within the period of limitation prescribed in the ensuing subdivisions of this section...
4. In calculating the time limitation applicable to commencement of a criminal action, the following periods shall not be included:
(a) Any period following the commission of the offense during which
(i) the defendant was continuously outside this state or
(ii) the whereabouts of the defendant were continuously unknown and continuously unascertainable by the exercise of reasonable diligence. However, in no event shall the period of limitation be extended by more than five years beyond the period otherwise applicable under subdivision two.
Looks like the clock has been ticking and the time is up. President Trump was not “continuously outside” the state nor were his whereabouts unknown.
I’m sure even an incompetent attorney like Bragg is aware of this law, but he must have the most novel legal theory in the history of legal theories to justify his attempts to indict Trump.
But we’re talking about simply indicting. Not getting a guilty verdict. Similar to what they are doing with Trump.
You have to get venue first. And that’s the problem. Most political “crimes” occur in big blue jurisdictions, like NY City and D.C. They have blue prosecutors, all dem grand and trial juries. They won’t indict a fellow dem, and no dem trial jury would convict.
Trump will be convicted. His jury will reflect the political population of NY. The judge will be a dem.
If you want us to play this game, some dem must commit a “crime’ in West Virginia or the like. Dems don’t go to places like that.
Could they disqualify jurors as a threat to the former President? If in monitoring coms to ensure his safety they discover a juror was discussing the case out of Court does that then lead to a mistrial?
The plan the Manhattan D.A. has is to convict him on a trivial offense.
New York could be in more danger than they think lawyers on the left and right see the bib bogus show charges that are illegal.
If Fat Alvin has any sense at all, he will spend his remaining time updating his resume.
Don’t think they can disqualify jurors but they can declare the court building or it’s occupants as a threat to his life and then not show up. Or close down the court to outside threats. Either way, Secret Service has the “trump” card.
Yup, what could go wrong. A corrupt, partisan DA, a partisan jury and a corrupt, partisan judge. Now that’s justice the NY way.
This has Andrew Weissman written all over it. HE’S the one behind all of ot. He has a LOT of money behind him, from dark groups.
Weissman is an expert at twisting and manipulating the law until he finds some ridiculous, idiotic theory, then goes after targets full bore. Even when his cases fail, The Process Is The Punishment.
His goal, of course, is to get Trump behind bars. But even if (when) that fails, his target is thoroughly destroyed via media and other pile-on-ners.
Thing is, Weissman is evil, and a planner, and has unlimited money. He arranges for trials to be held in dark blue areas, in front of corrupt judges. He’s patient enough to get his cohorts to drop massive money into getting Soros DA’s elected, and the cases filed by them.
Weissman works part time in Manhattan, at a small law school...has family, too. So it’s in his wheelhouse.
He needs to get the same treatment, preferably worse, than his long list of ruined people.
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