QUESTION: the US from Europe, what has been executed to Trump appears political. Do you assume Trump can be vindicated by the Supreme Courtroom?
SK
ANSWER: I’ve typically said that New York Metropolis is a cesspool of corruption. The conviction of Trump and even the gag order imposed by this outrageous prosecutor fake to be an “appearing decide” who ought to be not simply disbarred however ought to be thrown in jail for treason going in opposition to the whole lot the Structure stood for. He is not only a shame to the authorized career however to an American citizen. The outrageous Choose Juan Merchan is proscribing Trump’s Free Speech and nonetheless interfering in everybody’s proper to a good election. He has lifted the Gag Order forward of the controversy however solely in regards to the witnesses in opposition to him. He has maintained the gag order in opposition to the Courtroom, prosecutor, and the jurors.
The case is over. There’s completely NO CONSTITUTIONAL authority for such a restriction on his free speech. In Florida, this questionable particular prosecutor has additionally sought a gag order to stop Trump from talking about that case within the debate. That is NOT the America I grew up in, and it has proven all the world that the American Justice system is disgusting, corrupt, and simply as Thrasymachus warned greater than 2,000 years in the past – JUSTICE is all the time simply the self-interest of these in energy. I’m so glad I didn’t turn into a lawyer, for I hate hypocrisy, and they might have summarily executed me way back.
The Supreme Courtroom has simply handed down two basic choices, Gonzalez v. Trevino and Erlinger v. United States, that CONFIRM that Trump’s conviction on these 34 counts ought to be thrown out. If the NY Courtroom of Appeals refuses to take action, New York ought to be expelled as a part of the US and thrown out for good.
This responsible verdict on 34 counts of falsifying enterprise data regarding a hush cash fee made to grownup movie star Stormy Daniels earlier than the 2016 presidential election is so outrageous that if it have been introduced in opposition to Biden, I’d say the identical factor. I’d like to see this pretend decide put Trump in jail. The sentencing can be decided on July 11 by Choose Juan Merchan, simply days earlier than the Republican Nationwide Conference in Milwaukee from July 15-18, the place he’s anticipated to simply accept the get together’s nomination.
That is clearly election interference. Our mannequin has been focusing on a Panic Cycle through the week of the Republic Conference. Whereas we see that wee as turning factors in Europe, it doesn’t seem to replicate a Panic Cycle, implying that this can be associated extra to home points slightly than worldwide ones. I’d like to see Choose Juan Merchan both imprison Trump or impose probation that interferes together with his skill to marketing campaign and journey all through the nation. Typically, probation restricts the liberty to journey.
New York Metropolis is a vile place and really a cesspool of authorized corruption. After I requested a New York lawyer why no banker has EVER been charged for blowing up the economic system with the manipulations, he replied: “You don’t shit the place you eat! Trump’s case has proven the world WHY you shouldn’t do enterprise in New York Metropolis – EVER!!!!! Manhattan has turn into a authorized cesspool the place prosecutors routinely use the authorized system to search out well-known individuals for private notoriety and assault political rivals to undermine your opponent.
Kara McGee was dismissed as a juror. She defined the questions she was requested to qualify as a juror. She defined that one of many questions they requested was: “Do you’ve gotten opinions in regards to the skill for a former sitting president to be tried in a courtroom of regulation? I feel the best way individuals answered confirmed how they felt in regards to the case,” she stated. “The opposite one was: Do you’ve gotten any opinions about authorized limits for marketing campaign finance donation quantities? Which I imagine was one other one which was kinda meant to gauge emotions in regards to the explicit case.”
This decide successfully ensured the jury would discover Trump responsible and didn’t instruct them that the jury has the ULTIMATE energy to resolve if the regulation is even Constitutionally legitimate. In 1735, a New York jury acquitted writer John Peter Zenger of seditious libel in what the Nationwide Structure Middle accurately calls ” an early instance of jury nullification .” Choose Juan Merchan falsely instructed that the jury lacked that energy, thereby rendering its responsible verdict constitutionally invalid. Juries have all the time had the ability to acquit in opposition to the claimed proof, and instructing them in any other case violates each the Sixth Modification and Due Course of Clause of the fifth and 14th Amendments.
The jury directions given by Performing Choose Merchan instructed the jurors that “if the Individuals fulfill their burden of proof, you need to discover the defendant responsible.” This language is plainly unconstitutional and a violation of each precept behind the aim of the jury. Evaluate this to the jury directions within the Hunter Biden prosecution, the place the decide instructed the jurors they “ought to” convict if the state carried its burden, not that they MUST. This illustrates how corrupt New York Metropolis actually is and WHY you shouldn’t even have an account with anybody in New York Metropolis – there isn’t a justice for all.
Probably the most well-known trial the place a jury stood up refusing to search out the defendant responsible within the face of a corrupt authorities was that of William Penn (1644-1718), the founding father of Pennsylvania. Penn was the chief of the Quakers in London, and you may see why individuals fled to America, simply as individuals I do know who fled Japanese European communism and got here to America comment how the US is doing the exact same factor to those who they fled from.
At this level, the decide turned so enraged, as I’d count on from Choose Juan Merchan, and despatched the jury again to rethink their verdict. Once they returned with the identical verdict, the courtroom criticized the jury’s chief, Bushnell, and demanded “a verdict that the courtroom will settle for, and also you shall be locked up with out meat, drink, hearth, and tobacco…We could have a verdict by the assistance of God or you’ll starve for it.”
After that, the jury was despatched again three extra occasions however returned with the identical verdict. Lastly, the jury refused to rethink. The decide then fined every jury member forty marks and ordered them imprisoned till the wonderful was paid. Penn and Mead went to jail anyway, held in contempt for obeying the bailiff’s order that they placed on their hats.
Additionally, look carefully on the outrageous UNAMERICAN jury instruction given by Choose Juan Merchan, which allowed for a nonunanimous resolution on the secondary crime that remodeled a misdemeanor right into a felony. The very first thing you study legal regulation is {that a} jury MUST discover you responsible unanimously past a shadow of a doubt. This fake prosecutor, who is simply an appearing decide, has rejected the very primary basis of legal regulation to make sure that Trump could be discovered responsible. If you happen to reply such a query in regulation college as this decide did, you’ll NEVER graduate.
These two choices, simply rendered by the Supreme Courtroom, additional show that this Performing Choose is a complete shame to the rule of regulation and ought to be disbarred.
Gonzalez v. Trevino
In Gonzalez v. Trevino, Sylvia Gonzalez was a metropolis council member in Texas who claimed that her 2019 arrest on prices that she tampered with authorities data was in retaliation for her criticism of the town supervisor. The Supreme Courtroom’s ruling granted Gonzalez one other alternative to pursue her retaliation declare in a decrease courtroom, stating that the decrease courtroom had an “overly cramped view” of a key precedent case. The legal prices in opposition to Gonzales have been thrown out earlier than trial, in contrast to what this decide ought to have executed within the Trump case.
That is Selective Prosecution, which Trump has argued and was summarily dismissed, though no case like Bragg’s seems to have ever been introduced earlier than, which is the cornerstone of this argument. To determine Selective Prosecution requires a prosecution of just one defendant when there are others who’re equally located, however aren’t going through prosecution. It’s like driving 80 miles an hour in site visitors, however you’ve gotten a Ferrari, so the cop targets solely you when everybody else is doing the identical velocity. This violated the Equal Safety Clause.
For instance, in Wayte v US, 470 US 598, 608 (1985) and US v Steele 461 F2 1148, 1151-52 (ninth Cir 1972), a defendant was selectively prosecuted for exercising 1st Modification rights in opposition to the census, and the federal government didn’t justify its selectivity. Trump was selectively prosecuted with out query.
Erlinger v. United States
In Erlinger v. United States, the Supreme Courtroom dominated that the Fifth and Sixth Amendments required a unanimous jury to find out past an inexpensive doubt {that a} defendant’s previous offenses have been dedicated on separate events. This case handled illegal possession of a firearm by a felon with prior burglaries. The courtroom held {that a} jury MUST resolve this subject unanimously underneath a typical of past affordable doubt. Underneath New York regulation, a jury should be unanimous on the existence of each component of the crime however not on each element of how the crime was dedicated. That is dancing between the raindrops.
Now have a look at Performing Choose Merchan’s dealing with of the Trump case, the place the jurors might disagree on key facets of the crime but nonetheless convict the defendant. Merchan’s jury directions knowledgeable the jury that they wanted to unanimously discover Trump responsible of every of the 34 felony counts however did NOT must be unanimous on the precise methods the regulation was allegedly damaged. This meant the jurors didn’t must unanimously agree that there was a criminal offense and simply declare that some secondary crime was concerned.
These two choices alone in Gonzales and Erlinger show that this Performing Choose violated the essential tenets of legal regulation and the Structure. This Erlinger case made it completely clear that for extra severe punishment primarily based on a previous crime of violence, a jury and never a decide ought to make that discovering as a result of a jury should discover unanimously each component of an offense. Merchan permitted a non-unanimous discovering during which the means have been illegal underneath 17-152, however that the jury discover parts unanimously however needn’t be unanimous in findings of manners and means. This can be a gray space.
I significantly doubt that Trump can be profitable in interesting something within the New York authorized system. Constitutionally, I nonetheless imagine that the decision ought to ultimately overturned. What was executed to Trump is an INTERNATIONAL WARNING that the courts in New York are NEVER to be trusted!!!!!!!!!!!!!!!!!!!!!!!!!!