Posted on 04/11/2023 1:17:23 PM PDT by SoConPubbie
Former President Donald Trump's Sixth Amendment rights may have been violated when New York County District Attorney Alvin Bragg refused to disclose the underlying crime the defendant intended to conceal through his alleged falsification of business records, legal experts opined Wednesday.
The Sixth Amendment provides in part for the right of a criminal defendant to "be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor…"
When questioned by a reporter as to what the underlying crime the indictment fails to name is, Bragg replied in New York State, he does not have to.
"The indictment doesn't specify it because the law does not so require," he told the journalist.
BRAGG SHOULD BE DISBARRED: LEVIN
On "Hannity," Fox News legal analyst Gregg Jarrett forcefully dismissed Bragg's claim, saying he likely violated Trump's right to know what he is specifically being accused of.
"He does [have to name it, via] the Sixth Amendment," Jarrett said. "[The indictment] is therefore facially defective. It is deficient on its face and it would be susceptible to a motion-to-dismiss."
Jarrett questioned whether Bragg slept through constitutional law in his studies at Harvard, envisioning the prosecutor working late one evening in New York City, mumbling that "I've got to get Trump — What crime? — What crime?" and that an office worker simply remarked, "Don't say anything."
BILL CLINTON'S EX-POLLSTER BLASTS TRUMP INDICTMENT
Facsimile of the U.S. Constitution. nothing about this nut job."
(Excerpt) Read more at foxnews.com ...
Only the Grand Inquisitor needs to know the underlying crime.
Normal rules don’t apply in this case. Because Trump.
Bragg is a good example of a low IQ graduate of Haarvard Law’s Affirmative Action program. His participation allowed Haavard to qualify for Fed Funds.
The judge at the arraignment should have demanded such - or thrown out the incomplete indictment.
MKFA.
Make Kafka Fiction Again.
There’s nothing prohibiting Trump in suing and filing a motion to dismiss. Based on his success in the civil suit he should then go for a defamation suit. Wage lawfare.
It’s not that he refused but because he can’t, there is no underlying crime. He has implied that it is violation of federal election law. But this is not within the jurisdiction of the State of New York. As a legal principle, Trump is to be presumed innocent until he should be found guilty in a court of law.; in this case, in a federal court. Since this has not happened there is no underlying crime that can be used to bring the state charges.
The anti Trump partisans will answer that Trump violated New York Penal Law, Section 175.05.
Falsifying Business Records in the 2nd degree..... Oh my! .....sounds like scary criminality.(sarcasm)
Our “law system” is an expensive & corrupt joke.
Underlying crimes is a bit complex for Mr. Bragg to comprehend.
Democrats are getting progressively annoyed that they are still required to follow this country’s laws. They believe stolen elections should come with special privileges not afforded to law abiding citizens. With all the effort they have spent on strong arming, bribing, threatening and blackmailing judges and their republican colleagues , forming alliances with msm news and social media, purging conservatives from virtually all government agencies, propagandizing the education system, and controlling elections, they find it truly unfathomable that they would still be bound by archaic laws when all they want to do is further their agenda, and eliminate the noncompliant.
Shades of Franz Kafka’s “The Trial”...
It’s not that he refused but because he can’t, there is no underlying crime. He has implied that it is violation of federal election law. But this is not within the jurisdiction of the State of New York. As a legal principle, Trump is to be presumed innocent until he should be found guilty in a court of law.; in this case, in a federal court. Since this has not happened legally there is no underlying crime that can be used to bring the state felony charges.
They are still researching/investigating the crime. Give them time. They’ll come up with one.
Because of this, I was curious as to why DJT actually entered a plea. I want to know why his lawyers didn’t explain to the judge that since the crimes are not stated in the indictment, no plea can be made.
Even the crime that they did reference: with the intent to defraud and intent to commit another crime and aid and conceal the commission thereof, made and caused a false entry in the business records of an enterprise..
There is no mention of who he intended to defraud, and what he was attempting to defraud out of them. I’ve seen some cases cited that indicate NY has wide latitude for this i.e. defrauding can be just impeding some govenment function. But all those cases involved giving or submitting false documentation. No one a specified any entity to which those business records were submitted. Nor who or what function was impeded.
Also it seems that any good lawyer would immediately file a motion with federal court to stop this on those 6th amendment grounds.
It makes me wonder if Trump has more bad lawyers working for him, or if he figures dragging this out on his schedule will give him a political edge.
The award for “DFN of the year” goes to the fat D.A. from NY.
So, the DA forgot or deliberately didn’t disclose the underlying crime that caused the indictment.
We’ve heard that a thousand times, and I’m pretty sure that Trump’s lawyers know about it, and Trump knows it too...
So............
Why the heck hasn’t the indictment been challenged in court as illegal or incomplete and unfair?
If there are problems with the indictment, why is it still a pending case?
Far too many who claim to be Christians often forget the scriptures about not seeking revenge, do not sue your neighbor, letting God avenge the wrongs but YMMV...
Or MOFA. Make Orwell Fiction Again.
Bragg would have fit in well with the Sondergerichte.
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