Posted on 04/10/2023 8:57:28 AM PDT by Enterprise
oh they can lengthen it, but the change wont apply retroactively only to future crimes.
Like Republicans can’t suddenly extend out the laws Bill Clinton broke while in Arkansas and prosecute him now, decades later
From the article linked at the beginning of this thread:
***New York law, in fact, addresses this concept in its Rules of Criminal Procedure, which provide that if the defendant was “continuously outside” the state or “the whereabouts of the defendant were continuously unknown and continuously unascertainable by the exercise of reasonable diligence,” the time for the state to bring charges against a person may be extended.
Suppose the D.A. informed you that you were the target of a criminal investigation, and you promptly fled New York to a non-extradition country until the statute of limitation on your alleged crimes expired. Then you came home to Manhattan. In that case, provided you remained continuously outside of New York and purposely hid from the D.A.’s diligent pursuit, the law might extend the statute of limitations and provide the prosecutor more time to indict you.
Does it sound at all like this concept applies to President Trump?
Trump was front-page news for his entire presidency. He was not hiding from anyone. He did not evade Bragg. He loves and lives in the limelight. He was not told until recently that Bragg had empaneled a grand jury regarding Stormy Daniels. Trump routinely visited New York City over the last several years and maintains at least one home and business assets there. If Bragg could not figure out where Trump was from 2016 to 2022, he has bigger problems than this weak indictment. Based on Bragg’s own timeline in the indictment he prepared, the charges he has conferred against Trump are time-barred with no basis for leeway.***
Now that precedent has been set Arkansas can charge Bill Clinton with assaulting Juanita Broaddrick.
And this is all about availability. And he was always available.
Just want to mention again the ledger entries were not false. At that point stormy Daniels had been paid off and Trump owed money only to Michael Cohen for his legal services.
The payments in fact were more than the stormy Daniels payment.
I know the DA has a theory of why the money was owed. That does not make the ledger entries false.
One of the requirements for extension is that the person accused be -continuously- out of state.
There is ample evidence for President Trump’s presence numerous times in NY between 2017 and before going to the courthouse.
How quickly some people forget the ramifications of our government’s actions during COVID.
What stopped them from charging him all the years he hasn’t lived in New York City? He could have just as easily flown into New York to be arraigned years ago, but Cyrus Vance, Jr., the Manhattan D.A. then, chose not to pursue the case, just like he refused to file charges against Harvey Weinstein, after being presented with an NYPD audio tape of a sting operation between model Ambra Battilana Gutierrez and Harvey Weinstein, who admits on tape and apologizes for touching her breasts the day before, saying he won’t do it again. Vance got a $10,000 campaign fund donation from Werinstein’s lawyer David Boies (Gore v. Bush - 2000) not long after.
Since the State Legislature is the body of government that makes the laws, how does a Governor get to change the time on a statute of limitations without approval of the New York State Assembly and Senate? These assholes were dumping convicted felons out of State prisons during Covid, and didn't require any of them to return to prison to complete their court-mandated sentences.
A legitimate EO cannot toll or change a statute of limitations in any way, only an amendment to the STATUTE by a legislature can
Statute of Limitations were tolled or suspended across the nation through executive orders or orders of the courts. For New York see Chavez v Occidental Chem. Corp., 35 NY3d 492, 505 n 8; see Foy v State of New York, 71 Misc 3d 605 [Ct Cl] regarding tolling.
See Brash v Richards
2021 NY Slip Op 03436 [195 AD3d 582] regarding EOs regarding COVID
Judges in Nazi Germany were then instructed that in the event of any conflict between the Nazi Party and Law, the Nazi Party should always succeed as their objectives surmounted any notions of fair play.
Bragg thinks the statute of limitations did not start to run national Trump left office.
This lard ass negro needs to rot in prison.
Thanks all for excellent reasoning.
Dems are not reasonable, but the appeal might reach a just verdict.
Slip opinions are crap, and the Supremes will need to weigh in on this.
But . . . . COVID!
Bump
Outstanding point!
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