If there is a jury trial and Donald Trump is found not guilty, then the system has worked.

[kentuck]

Because a jury trial does not guarantee an innocent or a guilty verdict.

The more important point is that when a person commits crimes, then they are charged with those crimes. Whether they are found guilty is secondary to the process of justice.

The people could accept a "not guilty" verdict, even if they knew it was wrong. But they could not accept a "no charge" from the justice system, because they might think they could not get a guilty verdict, even though the evidence is very strong.

It is not enough to say that it might cause a civil war or it might create even more division in this country. If the majority of America believes that a person should be charged with a crime and the DOJ refuses to do what the majority thinks should be done, it could also be very divisive and create unpredictable civil unrest.

Which is more important? Filing charges against those that commit crimes? Or assuring that there will be a "guilty" verdict from a trial? In my opinion, the former.

[Ohio Joe]

1. I agree...

The jury decides as they decide. I’m 100% fine with that.

[msongs]

2. all it takes is one juror to vote no guilty nt

[kentuck]

3. That's the way it works...

We have lived with it for 246 years.

[TheRealNorth]

5. True

Sadly, I am sure one Red Hat would worm their way on to the jury, as we have seen with the Bannon's latest civil trial.

[brooklynite]

6. No it does NOT.....

If one juror votes not guilty, you have a mistrial and you do it again. Juries in Federal criminal cases must be unanimous one way or the other.

[jimfields33]

7. True but would they retry?

I don’t think it would be an easy decision one way or the other.

[brooklynite]

8. Well, with the number of folks here convinced that Garland won't prosecute in the first place...

Perhaps the solution is to prosecute when you have an ironclad case that'll convince a Jury.

[jimfields33]

9. Good point all around.

[Zeitghost]

13. That is the solution I believe Garland has come up with

The problem is that it will be impossible to build an ironclad case in such a high profile and politically controversial case.


But I am convinced no charges will be brought if they don't feel they can win 100%. That's how federal prosecutors basically operate already.

[kentuck]

15. Is it possible for him to get a fair trial that is not fixed beforehand?

"Ironclad" case does seem to be a high standard to achieve.

[kentuck]

11. If there was a mistrial...?

...would they set up a future date for another trial with a "new" jury?

[Bucky]

4. Agree with OP

I'd definitely try to restrict my post verdict rioting to the vacinity around the local Russian consulate

[Beastly Boy]

10. If there is a single not guilty verdict against Trump, we will never hear the end of

"Exonerated!", "Completely vindicated!", "Witch hunt!", etc., etc., for ever and ever, on every conceivable topic.

I am not sure what will give Trump a better platform for self-aggrandisement, him being charged and found not guilty or him not being charged at all.

[kentuck]

12. Not being charged at all....

..would be much worse, in my opinion.

[Zeitghost]

14. From a justice perspective you are 100% right

From a political perspective, I think a failed prosecution would be a disaster for Democrats at the ballot, especially if he was found not guilty and not just a mistrial due to a hung jury.

[kentuck]

17. Would a "Found Not Guilty" verdict require a unanimous vote by a jury?

That seems highly unlikely, in my opinion.

But if that happened, it probably would not have good political consequences for the Democrats. I don't know if it would be a "disaster".

[Beastly Boy]

21. The guilty verdict will require a unanimous decision of the jury.

A single juror declining to find him guilty would lead to a mistrial, which is not a guilty verdict. The defendant is still presumed innocent.

[Zeitghost]

30. Yes

And I think it's a more likely scenario than many want to believe, certainly better than a conviction.

[Frasier Balzov]

16. How do you get a verdict when the courthouse is stormed?

[brooklynite]

18. I'm still not seeing the evidence for the "civl war" some people are claiming will occur.

[kentuck]

20. :-) That sounds about as delusional as Rudy Guiliani

I agree with you.

[kentuck]

19. Bring in more National Guard.

Or move the jury to a more secure location.

Jail those that storm the courthouse?

[MyOwnPeace]

27. Funny - they didn't bother to.....

arrest the mob that was part of the Jan. 6 insurrection…

[AZSkiffyGeek]

33. Not paying attention for the past year?

I've seen a lot of people arrested over it.

[MyOwnPeace]

34. I wanted to see then arrested at the scene of the crime-

NOT to let them go off and brag about how they ‘owned the Libs!’

[AZSkiffyGeek]

35. Take that up with TFG... nt

[alittlelark]

23. Those that try to storm the trial will get 3 hots and a cot

and the PRIVILEGE of working in a prison sweatshop for 35 cents an hour.

[GoodRaisin]

22. I can't imagine we'd ever reach the point of having a jury deliberation on Trump.

Not at the rate of speed our justice system for former presidents works, he’d be long dead. I’m guessing the next thing will be Garland assigning a “special prosecutor”, to examine every detail of every piece of evidence already presented, first at the 2nd impeachment hearing, and now the 1/6 commission, to determine “if any crimes” have been committed.

[kentuck]

24. "Special Prosecutor"....hmmmm...

Sounds about right.

[GoodRaisin]

25. Let's just say highly predictable.

[kentuck]

26. It would temporarily remove the politics from the investigation...

I suppose.

I would not be surprised if Garland takes that route.

[MyOwnPeace]

28. If we're to go 'Special Prosecutor'....

it should have been done a year ago…

[Zeitghost]

31. There is no removing the politics from this case

Even temporarily.

[AntiFascist]

29. If the DOJ does not indict Trump, then the system has not worked n/t

[Irish_Dem]

32. A ruthless criminal who has caused destruction of people/democracy/country gets off.

This is a failed system of justice.