Posted on 08/22/2024 11:33:01 AM PDT by CFW
This is a guest post by David Fischer, a Maryland and D.C.-based defense attorney and the senior partner at Fischer&Putzi,P.A.
NY State Supreme Court Justice Merchan has scheduled sentencing for September 18th. But two days earlier, Merchan will rule on Trump’s motion to dismiss the indictment in toto or, alternatively, to throw out the jury’s verdict and grant a new trial based upon the prosecution’s illegal use of immunized evidence during the trial. Trump’s motion stems from the U.S.Supreme Court’s seminal decision in Trump v. US, which held that Presidents have immunity from criminal prosecution for their “official acts,”
In Trump, the Supreme Court ruled that prosecutors cannot use “official acts” evidence against a former President. The Supreme Court’s definition of what constitutes an “official act” is broad. Even conduct in the “outer perimeter” of the President’s duties is “presumptively immune” and cannot be used in a trial “even on charges that purport to be based only on his unofficial conduct.”
District Attorney Alvin Bragg has asked Merchan to reject Trump’s request, claiming that the NY charges relate only to “unofficial” acts by Trump and, thus, are not immune from prosecution. Bragg’s prosecutors, however, introduced substantial evidence at trial that clearly falls under the rubric of “official acts.” (The alleged crime took place when Donald Trump was president.)
[snip]
Even if Merchan ultimately rules against him, Trump may have already won a victory in that, at a minimum, his sentencing will likely be pushed back until after the November election. That is, Trump can use his immunity arguments to seek review of Merchan’s rulings in federal court, which will stop the New York case in its tracks for months. That’s the reason why Bragg did not oppose Trump’s request to delay his September sentencing date until after the November election.
(Excerpt) Read more at declassified.live ...
Any other time, we would expect people to act with integrity and sanity.
“...Any other time, we would expect people to act with integrity and sanity....”
Agreed. But we’re talking about vile, communist RATs in a hellish crap hole known as NY.
Watch the Netflix documentary on Tombstone just out. Its fascinating. This has been going on forever.
A very cogent analysis of the messed up Bragg prosecution. If this case survives it will be amazing. The evidence was Constitutional tainted, yet allowed to get to the jury as evidence, thus corrupting the case. In other Constitutional based violations the court is first obligated to suppress Constitutionally tainted evidence to keep it from the jury. Most notable instances are the Fourth Amendment cases.
Haha, back in those days the Democrats and Republicans each had their own lawmen and their own judges bought and paid for!
I guess best case scenario that left them at a “Mexican standoff” but in the worst cases they basically went to war, each side claiming the murders and thefts they committed were “legal”.
Check out Tombston doc. on Netflix. Good stuff. Accurizes the movie.
It all started with a stagecoach robbery of silver, JB Morgan, English investment bankers, railboad, Pinkertons, $6000 payoff to Ike Clanton, Pres. Chester Auther, North vs. South....it was a HUGE deal.
Tombstone almost kicked off a 2nd Civil War.
Fascinating.
The entire case is literally an unethical and illegal farce and someone somewhere thinks the “court” will now be hindered by… what….the law? These people have stolen our law with the multitudinous purely fixed cases against Trump and they’ve stolen our voice with the fake votes they used to install Joe Biden.
WHAT IS THE OVER/UNDER on HOW MANY BIDEN FAMILY MEMBERS JOE WILL PARDON BEFORE HE IS GONE????
All this for a case that was so weak that even the hyper-partisan Cyrus Vance, Jr., wouldn’t pursue it. Trump was found guilty of 34 felonies but no one knows what the felonies were.
Merchan is already measuring the windows in his SCOTUS office and the mansion he’ll buy when he is rewarded for “saving democracy.”
I’ll have to check it out. I went on a bit of a dive into the Lincoln County war a few months back, and some of the characters from that showed up in Tombstone too a few years later.
An honest and ethical higher court should have stopped the case in its tracks way before it even got to a jury. The number of errors in the charging documents, the court proceedings, and the judge’s rulings are too numerous to count.
The Good news is that the “felony” charges used in Democratic Party campaign advertising are starting to be buried in the background.
Democrats are trying to find a sound byte that works. Felon, didn't. Racist didn't. Antiabortionist works for some. Danger to Democracy got laughed out of the park. Weird also didn't work. At the moment Democrats as the Freedom party seems to be what they are hoping will work.
“...they’ve stolen our voice with the fake votes they used to install Joe Biden.”
.
Jeff Kuhner (WRKO-Boston) had a guest with the first name of Jay. He said they’re going to steal the 2024 election as well. Many addresses showed empty lots and closed businesses, with the intent of “ballot harvesting—especially in crucial “battleground” states.
“He said they’re going to steal the 2024 election as well. Many addresses showed empty lots“
Challenge with a FORENSIC audit anywhere necessary. If they refuse they’re guilty. It’s as simple as that . WHY would ANYONE fear a forensic audit?
Not could. It is done. The New york appeals court will do it or the feds at some point. They used his official acts as part of the testimony, Trumps tweets are official communications.
It’s actually called Wyatt Earp vs. The Cowboys
Cool, I will check it out.
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.