That advice even applies to rich and powerful people.
Trump had every opportunity the justice system provides. A unanimous jury found him guilty beyond a reasonable doubt of committing crimes.
 |
| Engraving on Supreme Court building |
In the aftermath of the jury announcement, I turned on Fox News to hear Trump. He, GOP politicians, and conservative media went on a tirade. "Travesty." "Dictatorship." "Ugly blemish." "Absolutely shameful." "Unjust." "Show trial." "Derangement." "Communists." Biased prosecutor, judge, witnesses, jury, city, state, legal system. Again and again the word "travesty."
Donald Trump insists he is "completely innocent." He did not have sex with Stormy Daniels, he knew nothing about a hush money payoff, the signed checks were for legal fees. Whatever happened had nothing to do with him. He says that Biden and Democrats are railroading an innocent man for purely political purposes.
Notice something. Notice what Fox News hosts aren't saying, what VP aspirants Tim Scott, Marco Rubio, and Doug Burgum aren't saying. What Trump's current and former lawyers aren't saying. What Republican officeholders all over the U.S. who are assuring GOP voters that they are loyal to Trump are not saying. They aren't saying Trump is innocent of the crimes. They aren't saying he isn't, in fact, guilty, just like the jury said.
Donald Trump did not get "equal justice." He got far better justice than is typical in the U.S. Equal process of adjudication for defendants involves overworked defense attorneys, little or no money for investigations, and defendants held in pre-trial detention. Donald Trump got the very best defense money could buy among lawyers willing to work with him. He got the indulgence of the system to ignore comments that would intimidate witnesses; he got a slap on the wrist. He got the full process made possible thanks to unlimited resources: Motions on evidence, witnesses of his choice, depositions, cross examination, peremptory challenges to jurors.
He was alleged to have broken federal election law in New York, New York tax law, and New York laws about false business records. He was tried in Manhattan because that is where the crimes were done. Trump lived and did business in Manhattan. He was guaranteed a jury of his peers in the place where the alleged crimes were committed. A Manhattan trial is not a flaw; it is a Constitutional feature.
Trump, Republican politicians, and Fox dismiss as trivial New York laws about false business records. What a small thing, they say, not worth prosecuting. New York takes seriously the white collar crime of false business records. Americans who have bank accounts, have a mortgage or insurance or own stock should take a moment to consider if records really do matter. Our largest banks are headquartered in Manhattan; the stock exchange is there; U.S. treasuries are priced and traded there, and trillions of dollars clear there every day. This is possible because of trust. Trust that Morgan Stanley or JPMorgan really have the assets they say they do and that when a blip on a computer screen says a bond is there, that it is really there. Financial institutions are a pyramid of mutual trust agreements. Laws that require honest record-keeping are essential for a capitalist economy to function. Bad business records allowed the fraudulent mortgage crisis to take place, and it brought down the American economy. I was a victim of it and so were 300 million other Americans. Bad business records allowed Bernie Madoff to steal money. Honest business records matter.
The jury heard evidence that could be examined in detail for accuracy. Trump got to examine the text messages, the checks, the handwritten notes to see if they were authentic and reliable documents. The jury did not hear Trump's voice on the Access Hollywood tape -- prejudicial, the judge ruled. The jury did not get to hear Stormy Daniels provide all the details she was willing to share about her encounter. The judge stopped that on his own, even without objection by Trump's lawyer. Trump had the right to stipulate that he had an encounter with Daniels, and she never would have been called as a witness. Trump chose to deny it ever happened, which forced the prosecution to use her as a witness. His choice.
Donald Trump could have chosen to testify. He could have sworn under oath what he says publicly, that he had no idea that these false business records were being filed. He chose not to testify. Donald Trump chose the attorney who put on a defense witness whose testimony ended up helping prove the prosecution case. Trump hired the lawyer and chose the strategy. Was Trump's legal defense misguided by following their client's strategy of deny-everything-attack-everybody? Maybe. Trump did it his way.
The jury didn't decide Trump probably, arguably, maybe 55%-likely did the crimes. They decided he did them "beyond a reasonable doubt." They were sure.
Republican defenders of Trump are showing their loyalty to Trump-the-man. They are doing so by criticizing the justice system for holding Trump to account for crimes. That way they don't need to defend the indefensible, that Trump is an innocent man. They don't need to claim to believe Trump never had sex with Stormy Daniels, he had no idea what the checks he signed were for, and that it was all Michael Cohen acting on his own. They know better than to do that.
So instead, they criticize the prosecution for prosecuting actual crimes and the jury of volunteer citizens who evaluated that evidence. That is what is absolutely shameful, an ugly blemish, and a travesty.
20 comments:
During 20 years of being a trial court judge I developed a strong respect for jurors and the jury system. I talked with jurors after trials and heard them express their thoughts and commitment. One idea I heard several times was that they had not wanted to be on a jury, but by the end of the process they had found it very meaningful. Jurors often said at the beginning of the trial and at the end that they were willing to serve because it was their duty.
In the Trump case twelve people took a substantial amount of time to listen to evidence and evaluate it. It is shameful that politicians and supporters are attacking these people who did their duty and gave of their time for our democracy. Very few criticisms cite legal error in the trial.
In this morning’s news was a story that Donald Trump had won an appellate decision against his niece. He had previously won at the trial court level. This was in New York. Was that ruling a sham and a disgrace? No, it was the justice system deciding a case based on the facts and the law, just like the criminal trial.
Today, I feel pride in my profession, the law. I would feel the same pride had the verdicts been not guilty. Twelve citizens did their duty and came to a joint decision. Public servants did their jobs conscientiously. As you point out, Peter, due process was given to the defendant. If there was legal error, further chances to correct that are available on appeal.
Those who say that the American justice system is bad should tell us where the better one is. Notice I have not said the system is perfect. It is a system that has been developed through centuries and is always being changed with a goal of improvement.
Today I feel pround of those 12 citizens.
Legally, an impeccable case. Politically, of unknown effectiveness.
I personally care a lot more about the political aspect. If it turns out to hurt his electability, then I will have been wrong. But at the moment it looks to me like either politically neutral or politically helpful to Trump, in which case my negative opinion of Alvin Bragg and his case will have been correct.
They all know what kind of person he is. But most of them line up to defend him, no matter what. The GQP needs to move on from the crook, traitor and sexual predator. He is out of office. Let's keep it that way.
If you are right about your sports analogy about how most people follow politics, then the trial was an “away game” with hostile spectators and corrupt referees. The game was rigged. Facts and consequences don’t matter. Only team loyalty.
citizens of u.s.a love america.lets all applaud judg in Trump Case He did a incredible job!
Applaud Robt DeNiro man with Guts to stand up against _?
DeNiro stand outside Trump Case Show Support U.S.A?
Trump say Crowd big as Springstein &Bruce knows Trump lied lol.
can you imagine Nixon during 1969-1975 all lies /corruptions ?
Cuban Bebe Rebozo bagman for Nixon for his $$dealings lol.
Agnew Left Nixon Resign and Gerald Ford pardon Nixon?
Roger Stone has RIchard Nixon tattoo on his back?
Judg not only gave us citizens our Rights for America ?
Judg not only gave us citizens Protection for our Rights?
The Constitution is for citizens of USA to have Rights?
TRUMP / Roger STone with Oath Keepers/Proud Boys?
Never forget what Trump did january 6 against our ___?
Now 2016 Election Trump Truth all come out against him?
I will only vote for Candidate that will love Usa and Help citizens!
Never Forget all the Military/Govt officials /Veterans in U.S.A!Always remenber Constitution!
Peter, thank you for highlighting the sucess of our justice system.
It does work often, and there are times it doesn't- and processes for remediation.
I am bothered by our governor refusing to allow any executions.
To me, this is a slap in the face of the justice system, especially jurors who painstakingly sentence people to death. I consider that a lack of respect for jury decisions.
Melania did not stand by her man in court. Daddy's girl (and favorite child) Ivanka also did not show up to support her father in court. Why did two of the most important people in his life not attend the trial? Because they thought he was guilty and didn't want to be involved.
They would have been there, at least part of the time, if they thought he was an innocent man being persecuted for political reasons. After all, it's not as if they have to go work everyday and their bosses won't let them take any time off.
Of course Republicans have reacted with fury. Denying reality is what they do anymore instead of problem-solve. Just as they were in denial of the 2020 election results regardless of the facts, now they deny their cult leader could possibly be guilty of any crime regardless of the evidence. The GOP should be called the Ignoranus Party.
The verdict does raise a few questions, however:
We knew Trump’s chumps would stand by him, but where was Melania in his hour of need?
If he’s sentenced to prison, does the Secret Service have to go with him? They couldn’t pay me enough.
If he’s elected president in spite of his crimes, does that make the U.S. felonious or just stupid?
It’s been a long time coming but maybe he will be held accountable for something. Equal justice under the law is a nice concept, I’m all for it. Are republicans?
The system is completely broken Peter because the system has been rigged just like this election is being rigged right in front of our eyes.
No one needs to say he's innocent because no crime was committed. Everybody in the entire world knows what a mockery of our legal system this is and there will now be a whole batch of Democrats who will be voting for Donald Trump because they see the fascism inherent in the demagogue party.
The term of the day is "Banana Republic". this is the complete antithesis of the democratic process.
The entire world sees this for what it is "a travesty of a mockery of a sham" to once again quote Fielding Melish in the movie "Bananas"
You are much more apt in yesterday's post Peter, this is a huge win for Donald Trump and the fight for what is right in America and in the world. ...to be completely guilty on all accounts is a phenomenal abuse of law and a disgusting display of completely biased partisanship, so don't b******* any of us on the fact that the nonpartisan ballot in Jackson county went down I totally voted that down there is no such thing as "nonpartisan" right now everything is partisan and you filthy demonkratzi are to blame. You know damn well that that was just a county level tactic which is the same as stacking the supreme Court.
Travesty of a mockery of a sham.
This is the sum total of the Biden campaign strategy
This is how democracy dies Peter
"So bye bye miss American pie
drove my Chevy to the levee but the levee was dry
and them good old boys
drinking whiskey and rye
singing
...this will be the day that I die..."
It is amazing how little respect some have for the 12 patriotic Americans who suspended their lives, weighed the evidence presented to them, and unanimously found Trump guilty on all counts. Trump was afforded due process like everyone else. Why do you hate America, David in Ashland?
For any concerned about the trial’s political ramifications, there aren’t any. Those who revere Trump remain totally devoted, those who fear him remain obsequious and the serious whack jobs threaten civil war (what’s new?). Meanwhile, those who still have their wits about them still find him totally repulsive. Come November, we’ll see if America as a hole has degenerated to the degree the GOP has.
From what I've read, anyway, the jury duly applied the facts to the law...as provided. The questions from here will be whether what were or would have been dead-bang misdemeanor violations were properly elevated to felonies, and if so whether the jury had to agree unanimously on the specific other crime(s) the misdemeanor records violations were intended to further.
Anonymous at 12:01;
Thanks for asking David the question in my mind. IMHO, Alvin Bragg is an American Hero, no cheering, no strutting about taking on a job which apparently some people on this site think was a rigging, or sham or anything but what it was, a dedicated Public Servant carrying out his job.
It’s remarkable how people can witness the same event and see something entirely different. Reasonable and prudent Americans saw Trump’s trial as showing we are a nation of laws and no-one is above it; 12 citizens did their civic duty, weighed all the evidence and found the defendant guilty. White-wing whackos with their victim mentality saw it as their savior being martyred by fascists – never mind that he’s the one quoting Hitler and spouting Nazi propaganda.
We aren’t politically polarized; we’re living in alternate realities.
Different people seeing different things is why we have, and why we need, politics. It’s why we need institutional structures to adjudicate those differences. It’s why we need The Constitution.
If those differences fail to be dealt with institutionally, violence comes into the picture; something we should all want to avoid.
Michael is right, which is why it's such a crime that Republicans under Trump are deliberately undermining trust in our institutions, especially elections and the courts.
TFG calls military "suckers".
The deterioration in trust started long before Trump entered politics. Trump is a symptom of that deterioration.
When people talk about MAGA being a cult, comments like this one from "David in Ashland" are a prime example of what they mean. The idea that someone can be this bat**** crazy and yet also get to vote (and likely own guns as well) is downright alarming. One of many reasons I comment on these posts under a pseudonym, the level of insanity in the MAGA cult is hard to comprehend. God help us all.
Post a Comment