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De Omnibus Dubitandum - Lux Veritas

Showing posts with label Manhattan. Show all posts
Showing posts with label Manhattan. Show all posts

Saturday, June 1, 2024

The Trump Verdict: What Cost to the Republic?

May 30, 2024, is a day that will live in infamy.

Show me the man, and I will show you the crime. So said the right-hand man to Joseph Stalin, architect of the infamous show trial, the centerpiece of the Soviet system of justice. Today, many Americans are wondering whether their own justice system is any less capricious or politically biased. In less than 12 hours of deliberation, 12 supposedly unbiased jurors – guided by a judge whom many have suggested has displayed a nakedly partisan stance throughout the trial – convicted a former president and leading candidate to reclaim the Oval Office on 34 felony counts. His crime? A long-expired bookkeeping misdemeanor rejected by three authorities but somehow sculpted into a still-undefined felony – based on the testimony of a convicted liar and concocted by a Manhattan district attorney who campaigned on a promise to get Trump by whatever means availed themselves.

So Alvin Bragg has now reached the promised land, and the left has finally achieved what it has thirsted for from the moment Donald Trump claimed the presidency: to label him a convicted felon, thought to be the one surefire way to drive him out of politics. Judge Juan Merchan – a donor to Democrats with an activist family who defied astronomical odds by miraculously landing not one, but all three Trump-related cases in what was supposed to be a random selection process, and as an acting judge no less – closed the deal with consistent rulings favoring the prosecution and silencing the defense. He then gave voluminous instructions which seemed to encourage jurors to conclude there was some amorphous stain of guilt on the defendant – which they could determine themselves. The actors out to take down Trump with their stacked deck played their hands effectively to a willing judge and jury.

But at what cost to the republic?

The Trump Verdict: The Undoing of Our Country?

The Rubicon has been crossed. The once-unthinkable has happened. The distance between the United States of America and any of the world’s many lawless banana republics has just significantly narrowed. Make no mistake, the magnitude of the jury’s swift and unanimous verdict has sent shockwaves around the world. The many who love or hate the 45th president are predictably giddy or outraged at the verdict, but how about the many everyday Americans without strong opinions either way who have always believed their nation is based on the rule of law and not subject to the political persecution of those who dare to threaten the established order? Have we not always believed that we were above the tactics of petty tyrants in a prototypical one-party state?

Ask yourself this simple question, the answer to which should remove any lingering doubts about the justice of the verdict and the trial itself: Would anyone else in the entire country have been indicted, not to mention convicted, on these novel, paper-thin charges? And remember, this was long thought by the left to be the weakest of the four cases brought against their archenemy. The beleaguered prosecutors targeting Trump in three other venues – long under pressure to advance their cases – will undoubtedly be energized by this verdict despite delays that threaten to deaden the desired political impact of their own prosecutions.

And now, with the twisted outcome in hand, and just to make sure the political impact of the verdict sticks, the notorious – or heroic, depending on your viewpoint – Judge Juan Merchan set sentencing for July 11, conveniently four days before the start of the Republican National Convention. Nothing is left to chance when Trump is in the crosshairs.

Only God knows the consequences for the loser of what has now officially become, unlike the many proclaimed as such before, the most important election of our lifetime. The one thing on which Americans have always counted, the rule of law, not to mention the very credibility of our elections in the wake of a lawfare campaign designed to disqualify a hated rival, is now undoubtedly on the line. The progressives who have been calling the shots in the Biden administration have won the battle – though not yet the war – and they will now be emboldened beyond measure to continue deconstructing the American way of life.

The 2024 presidential election, if it wasn’t already, has become boom or bust for both sides, the stakes and consequences now more consequential than ever. But for the American system of justice, the damage has already been done. Former Congressman Trey Gowdy said of the verdict on Fox News what so many have undoubtedly thought in the aftermath of the stunning verdict: “It may be the undoing of our country.” Indeed, it is impossible to calculate the cascading effects of the historic turn of events on May 30, 2024 – a day that, as Franklin D. Roosevelt once said of the attack on Pearl Harbor, will live in infamy.

 
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The Sentencing Singularity – Examining the Trump Guilty Verdict

What comes next for the former president?

by | May 31, 2024 @ Liberty Nation News, Tags: Articles, Crime &

Former President Donald Trump was found guilty on all 34 charges of falsifying business records in the first degree on Thursday evening, May 30. This is the first time a former president has been convicted of a felony, let alone almost three dozen. Judge Juan Merchan set the sentencing date as July 11th, just four days before the Republican National Convention, which begins July 15. What does this mean for Trump’s presidential campaign? What are his options going forward, and what sort of sentence might he face? We go to Liberty Nation’s Legal Affairs Editor Scott D. Cosenza, Esq., to answer this and more.

James Fite: Scott, the first question that comes to mind is what sentence awaits Trump now that he has been convicted on 34 Class E felonies? What does the sentencing guideline suggest, and what seems likely in this case?

Scott D. Cosenza: There are five felony classes in New York, and E is the least serious. By definition, felonies are crimes carrying potential incarceration terms of a year or more. These were non-violent felonies committed by someone with no criminal record, however. District Attorney Alvin Bragg declined to state what sentence he would request in post-trial comments. No custodial sentence is required here, and Juan Merchan will not likely sentence Trump to any time behind bars. That would be consistent with what NY-based attorneys report with other first-time offenders convicted of non-violent class E felonies.

Defense motions on sentencing are due in court by June 13, while the state has until June 27 to respond.

The Trump Appeal Pathway

James: What are the former president’s options for appeal? What would that process look like, and how long might it delay the sentencing should any appeal prove successful?

Scott: Donald Trump’s defense has an abundance of pathways that may lead to a successful appeal. Lead defense attorney Todd Blanche filed a motion for acquittal immediately after the guilty verdict, which Merchan just as quickly denied. That’s the last time Merchan will be deciding such matters, however. Future appeals from Trump will be in state appellate courts and, eventually, federal court if needed.

Jury Finds Former President Donald Trump Guilty On All 34 Counts In Hush Money TrialNEW YORK, NEW YORK - MAY 30: Former U.S. President Donald Trump arrives at Trump Tower on May 30, 2024 in New York City. The former president was found guilty on all 34 felony counts of falsifying business records in the first of his criminal cases to go to trial. Trump has now become the first former U.S. president to be convicted of felony crimes.(Photo by Stephanie Keith/Getty Images)

(Photo by Stephanie Keith/Getty Images)

We should expect to see Trump’s pleadings challenging all manner of things, including many of Judge Merchan’s rulings that prejudiced the defendant’s fundamental rights. Another thing that springs to the front of my mind is Merchan allowing the jury to hear multiple times that Trump violated campaign finance laws and have that presented as a fact rather than a prosecution theory.

James: Donald Trump is a convicted felon – at least for now – but the Constitution doesn’t prohibit felons from running for and, therefore, becoming president. If Trump wins in November as the polls suggest he will, how might his sentencing affect his taking office in January? Alternatively, if he appeals and that delays his sentencing beyond Election Day, how might a win in November affect the eventual sentencing should his appeal fail? Finally, as president, would Trump be able to pardon himself?

Scott: The President may grant pardons for federal convictions. Trump cannot pardon himself unless he becomes Governor of New York. If he wins, he will likely be able to appeal sentencing until after his presidency. There is no printed rulebook for this kind of thing, and avoiding chaos and perhaps a genuine Constitutional crisis are great reasons to wait.

 
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