“When a defendant honestly believes he can’t possibly get a fair trial from the judge, one of the tactics is to antagonize the judge to a point of causing reversible errors,” Dershowitz says. “That is what happened in the Chicago 7 case, and I was one of the lawyers on the appeal in that case. Abbie Hoffman provoked Judge Hoffman to such a degree that the judge made mistake after mistake. And courts of appeal often reverse convictions or verdicts when the judge has made serious errors.”
What a dick. This does not sound like the legal process at work at all. Besides, innocent people would never do this.
The tactics have included attacks on Engoron’s court clerk, filibustering the prosecution’s witnesses with repetitive questions, and raising legal arguments the judge had already specifically prohibited.
Responding to these provocations with contempt charges is correct and proper. Any appeal court judge is going to see that Trump was treated with kid gloves here.
And it kinda doesn't matter what political party the appeal judge is. They really don't like people being disrespectful to them and ignoring their orders. It's like the number one thing all judges hate. This strategy will probably not work.
Most mistrials are retried from the beginning. I imagine it’s mostly the cases that involve misconduct on the judges behalf that get throw out, as that’s a strong argument for a 6th Amendment violation.
As the article mainly states, this isn't just because Trump can't help it but also as a strategy to make it easier to get a favorable appeal. Plus, it would stoke his favorite way to portray himself, as a victim, and fundraising:
there have been recent conversations among some of Trump’s 2024 campaign brass of how much of an immediate fundraising boost they would enjoy, if a New York judge were to try to put Trump in a cell for even a minute. “All the cash in the world,” one Trump political adviser says.
I think the solution here would be for the judge to go after Trump’s lawyers. From the article they’re engaging in some of this behavior themselves, in addition to encouraging it in Trump. But, they want the optics of Trump getting imprisoned in order to play victim and try to help an appeal. Seems the judge could side step that and go after the lawyers instead, who have more to lose.
According to two sources familiar with the matter and another person briefed on Team Trump’s legal strategies, the former president and his lawyers are intentionally trying to provoke the judge into a nuclear-level overreaction.
This? Is the plan?
That's like saying you're going to kill a dragon by hopping into its mouth.
According to two sources familiar with the matter and another person briefed on Team Trump’s legal strategies, the former president and his lawyers are intentionally trying to provoke the judge into a nuclear-level overreaction.
I think Trump's legal strategy is he knows he's lost already. He's going to be fined and run out of business. So is his only hope is if he and his lawyers are obnoxious dicks and provoke a reaction to force a mistrial or grounds for appeal. Also he can whine about "witch hunt" and the usual nonsense to his base if he's found in contempt or held accountable for his actions. Expect this nonsense to happen in his criminal trials too.
I think Trump’s legal strategy is he knows he’s lost already.
I'm pretty sure he has lost already and guilt has been legally decided. This is to determine the penalty. FTA:
Engoron ruled in September that Trump's financial statements contained fraud.
This trial is to determine the depth of the fraud, and importantly, the consequence appropriate depending on the outcome. The whole strategy now is to delay and get to appeal probably with the number one goal being to get elected again and create a legal quagmire, or simply ride out the rest of his years until his milkshake-filled arteries realize he hasn't ever had a heart and the only thing that's been pumping this long is pure narcissism.
This is, sadly, probably the least stupid thing he could do, because the more facts you learn about Trump, the more you'd think his fetish is just bending over and getting fucked by a strap-on wielding Lady Justice.
If the judge loses it bad enough, they can claim "judicial bias" and have a pretty clear path to mistrial/appeal. Given the situation, it's probably the best play they have.
Any normal defendent would be in jail though, probably before the trial even started, but definitely after calling a judge names while in court. I'm simultaneously shocked and not at all surprised he isn't.
Edit: what fuckin world do we live in, where someone says that a politician needs to be shot to death, and the controversial opinion is to not shoot someone? Am I crazy for thinking that killing trump wouldn't solve anything? We shouldn't give people a martyr. The best way to get rid of someone is by shaming them and forgetting them.
“Furthermore, 18 U.S.C § 2381, states that a person guilty of treason against the United States “shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States.”
Death as a punishment for treason would do a lot to stem the tide of treasonous fucks that are currently holding high positions in our political system.
The time for leniency is OVER. And making a martyr out of a huge sack of shit is just fine- let more of those fucks step out of line and see what happens.
Not really. It's in line with all US laws to ask for the death penalty
18 U.S.C § 2381, states that a person guilty of treason against the United States “shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States.”
Considering the scope and impact of his crimes. It would be reasonable to ask for the maximum punishment.
Fuck shaming them, I want the blood of thieving billionaires and corrupt politicians to stain the streets red. They feel no shame, that part of their brain doesn't exist like it does for you and me.
He may be a politician but he's also a criminal and I think that would be the punishment for his crimes not for being a politician. Although hes a pretty awful politician too lol that's not a crime.
Boy let me tell you something about our founding fathers.... This man tried to destroy our democracy, he deserves to die. However, for the sake of our civilized society I would prefer to see him rot in jail until he dies in the most unglamorous way possible that way he can't be made a martyr.
I guess he is daring NY Judge, because it is a civil case.
He probably should have his release conditioned on gag order in federal cases. And he should be jailed if he breaks it.
If the fear is that his fans will riot, newsflash: they follow identity politics, they don't care how guilty trump is. Whatever they plan to do, they will do it anyway. So either treat him like you would treat anyone else for similar crimes or just forget about trials and let him do whatever he wants without any consequence. Because there's no point in wasting time if he can't be punished.
Same as every other time he has tried to stir shit with these trials. All they have to do is keep a level head and let the hammer drop. They've got him, the evidence is there, all they have to do is get the trials to go through with as few hiccups as possible. These judges need to keep a level head and they should be able to do so easily because, despite all the petulant whining and diversionary tactics, they've got him.
There's some weird argument by his cult that it's not in the constitution that a president can't be in prison. It's a lot of mental gymnastics, ignoring the fact that he traitorously stole classified nuclear documents from the US government, along with subverting democracy in the RICO case with the 18 co-conspirators.
You're conflating two things here. There is absolutely nothing in the cotus that bars someone from becoming POTUS because they are in jail. Imo, there should not be, just like you should not lose your right to vote simply for being a felon.
However, there is something in the cotus that bard someone from being an officer of the state if they've been part of an insurrection. This, imo, should bar him, but I'm curious to see how the court cases play out.
Technically speaking, yes. Trump could be sent to prison tomorrow and still be elected President. There isn't any "the President can't be currently incarcerated" requirement. (Likely because the founding fathers thought it was self evident that a criminal shouldn't be elected President.)
As for how it would work, nobody knows. It's never happened. Would he get to go to the White House for 4 years and then have to return to prison to serve the rest of his sentence? (Assuming here that he couldn't just pardon himself.) Would he need to conduct presidential business from the Square Cell instead of the Oval Office? Would a SCIF need to be set up in the prison so that Trump could review classified materials from his cell?
We would be in totally uncharted territory if this happened.