Posted on 03/31/2023 10:39:36 AM PDT by Red Badger
George Washington University law professor Jonathan Turley warned Manhattan District Attorney Alvin Bragg that New York judges, especially at the Appellate level, will not like his case against Trump.
He said: “This indictment, if it is reportedly following the theory that we’ve been talking about, is political. It’s a raw political prosecution. The indictment may come out with a crime that none of us have heard of.
“But for many months, this bootstrapping theory has been put out there, this idea that you could take a misdemeanor under New York law that has expired, that has a two year statute of limitations, and revive it by connecting it to a federal crime, in this case, the federal election violation
“Now, there’s a host of problems with that.
“First of all, it’s a federal crime the Department of Justice chose not to prosecute.
“Bragg’s own predecessor declined to prosecute it, but he is attempting to bootstrap that federal crime into a state case.
“And if that is the basis for the indictment, I think it’s rather outrageous.
“I think it’s legally pathetic.
“If he’s using the bootstrap theory, which is the only one that’s been discussed publicly, that is unprecedented.
“And I expect that New York judges will have the same reaction of many of us, including people on the left, that this doesn’t read right.
“Under Bragg’s theory, he could take any unproven federal crime and revive a long dead misdemeanor and turn it into a felony.
“That’s going to really, you know, raise concerns for a number of judges.
“But once it gets to the appellate level, he’s going to have a particularly difficult time, in my view,” he said.
VIDEO AT LINK.......................
I hope Fat Alvin the hutt fails miserably!
NO
NY and DC are full of controlled, woke, political judges, willing to play the deep state/Democrat political game
They got their headline, “Trump Indicted” that’s all they ever wanted.
“Vee haf vays of making you like it.”
Most Judges are of the Get Trump! variety.
See Amy Berman Jackson. https://en.wikipedia.org/wiki/Amy_Berman_Jackson
I suspect Traitor Roberts sees nothing wrong here.
I’d say it entirely depends upon the TDS of the Judge. It seems to me, laws can be bent or ignored altogether if the opponent is Trump.
Every move he makes some prosecutor, somewhere is looking to Pidgeon hole his actions into a crime.
Georgia is another case of this line of thinking. “Did DJT try and overthrow the election by pressuring the SOS?” It’s a null point if that person believes the votes were there for a victory - He’s fighting for his rights. That isn’t a crime.
If someone could somehow prove “belief”, as in DHT didn’t believe it but used his office to force the issue, then you might have a very, very weak case to attempt.
But nobody could prove or not prove what was in DJT’s head at the time.
They’ll just keep throwing shit at the wall to see if anything sticks. At this point, I only see mass prosecutorial misconduct.
I know it's cable TV entertainment but maybe we should wait to see what the charges are before we render judgment?
Yep, they could be serious, they may have found his calendar from college, like similar serious evidence they used against Kavanaugh.
On the one hand, Turley is right. A legitimate judge would toss this out quickly, and probably scold the DA. On the other hand, any legitimacy left in the system should have stopped it from getting this far. The judicial system has been gone for quite a while. It was one of the very first institutions to be subverted, although that particular culture war isn’t completely over.
So he must not really mind this after all.
From wiki: “In law, bootstrapping can also refer to an attempt to gain jurisdiction over a non-jurisdictional matter by its circuitous relationship to a jurisdictional matter.”
I think he meant it in this more general way. The state charge had passed the SOL, so Bragg used the federal law to pull the expired one up by its bootstraps by comingling the two.
Never mind that the Federal Elections Commission had already ruled not to prosecute.
He won’t like but he will allow it.
Bootstrapping in Federal cases is a no-no...................
With all of the leaks, I doubt there is a surprise, but who knows.
“I know it’s cable TV entertainment but maybe we should wait to see what the charges are before we render judgment?”
I’m not saying anything until I hear Professor Sheila Jackson Lee’s opinion.
And the tipping over of Guam guy.
Yep, they could be serious crimes that come out, they may have found his calendar from college, like similar serious evidence they used against Kavanaugh.
They’ll just have to find the right judge
From what I've heard they already did.
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