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Notes -
In more good news for Donald Trump (besides NOT being killed by that bullet), the classified documents case has been dismissed based on an Appointments Clause violation -- basically, the argument (also made by Clarence Thomas in Trump v. US) accepted by the court is that there is no statute authorizing the appointment of a Special Prosecutor (with the powers exercised by Jack Smith) by the Attorney General, and therefore Smith cannot lawfully prosecute Trump (or anyone else). In other words "Mr. Smith, you don't even work here."
No doubt this will be appealed, but the chance of any significant action before the election is nil.
(sorry for the repost, I belatedly realized I was still on last week's thread).
I presume Trump will move to have the other Federal case dismissed on the same grounds, so if that one wasn't stalled already by immunity claims, it would be stalled now. The Georgia case isn't affected but is stalled based on corruption claims agains the prosecutor. That leaves Trump 3-1 at the moment, and I would say the sentencing in the New York conviction (currently set for September) is likely to get delayed until after the election (when, let's face it, it ain't going to matter)
Not a lawyer but one thing I don’t understand is why NYC doesn’t just sentence him to jail. I already think they abused a lot of power. What’s doing another abuse of power and giving him 5 years.
I don’t even know how that would work. Would Trump just never leave Florida?
The short answer is that it would be almost immediately overturned on emergency appeal. What is more likely is that they sentence him to prison but delay the sentence pending appeal, preventing an emergency appeal and ensuring that he is a “convicted felon” through the election.
I didn't think they would be stupid enough to try and make him an obviously innocent "convicted felon", yet here we are. The black vote is going to explode with the court shenanigans and the shooting.
He is for sure not innocent. You can certainly argue that it was a politically motivated prosecution of the 10 felonies a day type but Trump really did commit a crime.
What crime? That he put "Legal Expenses" when he should have put "Settlement Payment" in his own ledger? That's a "crime" on the level of putting the wrong category in Quicken.
He’s correct it is a crime.
But every white color worker who has to document their work probably commits it every other day.
Putting the wrong category in quicken is a crime. Telling your co-worker she’s beautiful when she’s bummed a date went bad is a crime.
Technically it isn't. Allowing one co-worker to tell another that she's beautiful when she's bummed a date went bad is a tort on the part of the employer, but sexual harrassment laws are not criminal laws, and are not directly enforceable against non-manager employees.
Normally I wouldn't get this technical, but given that a large part of the "the NY prosecution is a stretch" is based on the distinction between different kinds of illegality, I think we should.
I think it turns into a crime if you make it a business record. If you say it on Skype where it is recorded then it’s part of the business record. If it’s a lie then it’s falsified. I don’t think in the statute it says it needs to be relevant to operations. But it would be a falsified record about the business. You described an employee who is ugly as beautiful which is false.
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