Why, though, would DOJ move from DC?
Because they know the indictment is BS and a loss or overturn in DC would be hugely embarrassing. But in FL they can claim the jury is biased...........
Why, though, would DOJ move from DC?
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Is it because a Florida conviction cannot be pardoned later?
Or is that not true because it’s still a federal court?
I R kernferzed
Because the alleged criminal acts involved documents in FL: they didn't have any choice but to file in FL. They tried to move the trial to DC, but Cannon slapped that down, too.
“Why, though, would DOJ move from DC?”
Because Article III, Section 2, third paragraph of the Constitution requires that:
“The Trial of all Crimes, except in Cases of Impeachment;
shall be by Jury; and such Trial shall be held in the State
where the said Crimes shall have been committed; but when
not committed within any State, the Trial shall be at such
Place or Places as the Congress may by Law have directed.”
This is a clear requirement for a “Trial,” but doesn’t specify whether an indictment is a part of the trial process, so DOJ indicted him in DC, where it could easily get the indictment, and is trying him in FL because the Constitution requires it.
My guess?
The case is required to be tried in FL. The DOJ isn't voluntarily moving anything.
And the abuse the judge is pointing out is the GJ being in DC.
The sixth amendment requires the trial and jury to be in the district where the crime is alleged to have occurred.
Amendment 6
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and 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, and to have the Assistance of Counsel for his defence.The fifth amendment requires an indictment by a grand jury. The 5th doesn't say what district the grand jury must be in, but since the 6th says "public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law..." it can be assumed that the grand jury must be in the same district as the trial.
This makes it prosecutorial misconduct to hold the grand jury in DC (knowing that DC voted 5% for President Trump) and then move the trial to Florida where the alleged crime occurred.
-PJ
Good chance a Florida grand jury would have told him to go urinate up a rope.
Because of all of the malfeasance in DC by the prosecutor would come out in proceedings there. They can hide them better if they just go to trial in FLA.
Probably anticipating pre-trial motions and mentioned what she maybe expecting to receive