Posted on 06/03/2024 8:06:55 AM PDT by AnthonySoprano
Juan Merchan instructs the Jury to consider (1) a violation of the FEDERAL Election Campaign Act (FECA).
Now, the FECA Federal Statute takes over completely to determine if it was violated criminally.
When you look at the FECA Act right on Justice.gov website, you see immediately, for a Violation to be a crime, it must meet two criteria, the actions must have been committed willfully and KNOWINGLY.
They reiterate this throughout and explain the accused must have known his/her actions were against the law and this must be proved beyond a reasonable doubt.
Below are Judge Merchan’s full instructions on this other crime (FECA Violation).
Do you see the word “knowingly?”
That’s because it’s not there. He misled the Jury.
He misleads the Jury.
Merchan kept digging. He tells them this “other crime” doesn’t need to be proven, or even committed, or even concealed - only that they believe he intended to violate the FECA - which is 180 degrees in opposition to the FEC Act.
“ The defense should have still requested his testimony to get a formal Merchan denial on record.”
*****************************************
Given this judge and jury, the defense should have included an appellate specialist on their team. IMHO
The High Court intervened in Bush v Gore as unfair and unequal standards of ballot counting was still going in to determine whether Bush Jr or Gore had won the state of Florida.
There were different methods and standards of counting ballots in the Florida counties that were still being tabulated at the time the Court intervened. In other words Dems were winging the ballot counting standards as they tried to pull Gore slightly enough ahead of GWB to claim that Gore won FL thereby handing Dems the Presidency...
Supreme Court stopped the hanky panky and Bush was declared the narrow winner of FL’s electoral votes.
BOOM !!!
There was nothing long and drawn out about it.
Stopped the attempted steal BEFORE it could happen...
When?
Trump didn’t know it, but when the statute of limitations for prosecution under the FECA Act expired, he immediately fell into Bizarro World legal jeopardy in which a FECA act violation on his part can simply be presumed by a criminal law jury!
That’s SOP for all NY Trump cases, most likely under DoJ orders. They, unconstitutionally, do not require the Plaintiff or Prosecution to satisfy all the elements of a cause of action or crime. It is outrageous that they can get away with that. Its a mockery of the system and if it stands, all legitimacy (what little might remain nowadays, anyway) of the justice system is right out the window. Biden/Obama have turned this country into a real third-world sh*thole.
.
He did prohibit them from calling that witness.
Thats a Sixth amendment Constitutional violation. Also something the SCOTUS should address.
He won’t let them call someone to testify to what constitutes a Violation of Federal Campaign Law and he gets it all wrong in the Jury instructions.
Unbelievable
Who knows? But by any measure, this prosecution, judge (and pliant jury they selected/allowed) are a travesty to the word ‘justice,’ IMO.
The trial was a testament to the evil of the leftist cabal and a mockery of freedom and justice everywhere.
You have much more faith in the John Roberts SCOTUS than I.
This is about the clearest case of reversible error I have seen - and it is one of at least a dozen such instances in this case - among which is the fact that a state court has no jurisdiction to assign guilt under a federal statute.
The only question is whether this biased, Turd World kangaroo of a “judge” is going to be able to jail DJT or not (that he will sentence him to jail is beyond any doubt).
Indeed. President Trump had no rights in that court - by design. What we saw there was nothing short of severe judicial bias and misconduct.
Merchan needs his butt deported. He’s the mother of all insurrectionists. Deport him or throw his butt in prison.
Merchan donated $35 (that we know of) to a pro-Biden, anti-Trump political operation, including funds that the Judge earmarked for ‘resisting the Republican Party and Donald Trump’s radical right-wing legacy.’
That would be a violation of New York’s Code of Judicial Conduct.
(1) Neither a sitting judge nor a candidate for public election to judicial office shall directly or indirectly engage in any political activity except (i) as otherwise authorized by this section or by law, (ii) to vote and to identify himself or herself as a member of a political party, and (iii) on behalf of measures to improve the law, the legal system or the administration of justice. Prohibited political activity shall include: …
(h) soliciting funds for, paying an assessment to, or making a contribution to a political organization or candidate ...
My understanding is that appeals do not even begin until AFTER sentencing.
Judge Juan and his little LaRaza princess has taken Amerika to the Full Banana! Daaayyyyyy-O!
So here it is already noon o’clock Eastern Time, when will we hear from SCOTUS?
I wonder if SCOTUS will step in. Judge wouldn’t let the witness the defense needed to testify. At every corner it seemed he cut the legs out from under Trump. And then gave the jury a menu of crimes to choose from. Plus is it normal for a trial to get through the witnesses and then send the jury home for a week before closing and deliberating. Seems to give a huge opportunity for tampering. I would think that SCOTUS would see this and step in before they sentence him to jail. Because I don’t see the judge having issue with jailing him. Can a state court convict on a federal charges. The whole thing seems wrong. And isn’t the appeals court there made of 5 black women that are liberal.
Like the last trial. The judge gives options for a guilty verdict. Hands this liar way more money than they even asked for. Will be overturned but after the election.
.
It’s notable in that Merchan donated to a STOP Trump organization.
Thats dam clear and requires recusal.
If it had only been donating to his opponent, he could claim the opponent is not involved in the case. Here, he donates to Stop Trump and then advises the Jury to do as he does in his private life.
Yes.
“So the judge told the jury they could find Trump guilty of the misdemeanor charge——a reduced charge of simple falsification? If that is true, then Trump was NOT convicted of a felony, but we only can he certain he was convicted on a reduce charge? Am I the only one who sees the judges sleight-of-hand manipulation of the jury to get a conviction of a lesser charge, then pretend it was a felony?”—-anonymous
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.