Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

Joinfortmill

(16,219 posts)
Fri Mar 17, 2023, 10:28 AM Mar 2023

Manhattan: Can Trump delay prosecution with pre-trial hijinks?

https://joycevance.substack.com/p/manhattan-can-trump-delay-prosecution?utm_source=substack&utm_medium

Civil Discourse with Joyce Vance

Too much good stuff here describing what is likely about to occur and why to synthesize (my words).

'Can Trump circumvent prosecution with unprecedented, even meritless, legal proceedings designed to keep the prosecution from moving forward? The short answer is no. Trump can delay, but not derail...the Speedy Trial Act puts criminal cases on a shorter fuse, and while that can be delayed by pending motions and appeals, the prospects aren’t indefinite as they can be in civil cases...while there is some legal wrangling to do, once the court resolves those issues, it’s unlikely any additional efforts to delay will bear fruit; in fact, they’re likely to do the opposite and wear down the patience judges typically extend to defendants in criminal cases.

Trump may assert immunity under the Supremacy Clause of the Constitution, the doctrine that extends immunity to prosecution from state crimes for federal officers who are charged for conduct committed while carrying out their official duties. Trump, of course had no official duties stemming from the office of the presidency in New York during his campaign, and certainly none that involve paying off his former mistress to stay quiet. But what of Georgia? It presents, perhaps, a slightly closer call...Prosecutors may want to...establish that Trump didn’t believe he’d won the election. But whether Trump believed he’d won or not, he had no official duties in this regard and no immunity from state prosecution.'

2 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Manhattan: Can Trump delay prosecution with pre-trial hijinks? (Original Post) Joinfortmill Mar 2023 OP
Yes. Justice delayed is justice denied. Midnight Writer Mar 2023 #1
yes, that's pretty much standard procedure Takket Mar 2023 #2

Takket

(22,425 posts)
2. yes, that's pretty much standard procedure
Fri Mar 17, 2023, 01:45 PM
Mar 2023

they will file motions for dismissal on several grounds, attempt to get evidence thrown out for various reasons, apply for change of venue, turn jury selection into a fiasco..... etc.

even if he's indicated tomorrow it is unlikely he will have to go to trial before the 2024 election (that's just my opinion seeing how slow things go, i don't have any real insight).

Latest Discussions»General Discussion»Manhattan: Can Trump dela...