And it’s based on his “advice of counsel” defense

  • OldWoodFrame@lemm.ee
    link
    fedilink
    arrow-up
    127
    ·
    1 year ago

    I hate the terminology of ‘prosecutor set a trap’ or ‘perjury trap’ if you remember when Mueller wanted to get Trump to testify under oath. It might be a trap in the sense of catching someone, but it gives off this sense of plotting and scheming to unjustly nab an unknowing innocent being that was just going about its business, like when you trap a rabbit or something.

    It’s not a trap. Trump doesn’t have a good defense because he did do the thing he is accused of. A horseback cavalry charge against a machine gun isn’t “a clever trap by the machine gunner” one side just has the tools to win, and the other side doesn’t.

  • BarqsHasBite@lemmy.world
    link
    fedilink
    arrow-up
    40
    ·
    edit-2
    1 year ago

    “advice of counsel” is a tough defense to assert. It comes with some preconditions that could prove highly damaging to Trump as well as legal hurdles that the jury could quickly find render the defense unavailable to him.

    one thing that disappears right away is your right to assert that your communications with those lawyers are “privileged.”

    Skipping a bunch of the other items why it’s tough and going for the trap:

    flipping attorneys is problematic, normally, because even if they agree to squawk, prosecutors normally can’t put them on a stand and ask them to testify about communications with their client. That’s because the attorney-client privilege belongs to the client. It isn’t something attorneys by themselves can decide to waive.

    But here, again by putting advice of counsel at issue, Trump himself has waived the privilege.

    In short, Jack Smith appears to have leveraged the advice of counsel defense by naming a bunch of lawyer co-conspirators. This could permit him to crack open the black box of the conspiracies, should any co-conspirator cooperate.

    • o_oli@lemmy.world
      link
      fedilink
      English
      arrow-up
      30
      ·
      1 year ago

      First president elected from prison. The crazies uniting behind their martyr.

    • Jordan Lund@lemmy.one
      link
      fedilink
      English
      arrow-up
      19
      ·
      edit-2
      1 year ago

      Won’t happen.

      First Republican debate is 8/23. We won’t even have a trial date for the Jan. 6 stuff until 8/28.

      Primary calendar is here:

      https://www.frontloadinghq.com/p/the-2024.html?m=1

      Trump has 2 trial dates set so far, New York in March and Florida in May.

      1st trial is 15 days after Super Tuesday.

      2nd trial is before just a handful of states.

        • Jordan Lund@lemmy.one
          link
          fedilink
          English
          arrow-up
          13
          ·
          1 year ago

          Caseload. The D.C.courts have 800 cases pending for 1/6 alone, not counting any other crimes.

          NY most likely has similar load issues. The Florida case has the added bonus of needing lawyers with security clearances.

    • El Barto@lemmy.world
      link
      fedilink
      arrow-up
      10
      ·
      1 year ago

      But why? Didn’t Biden beat him? Not that I’m a fan of Biden, but the majority of Americans dislike Trump more than Biden.

      • Zorque@kbin.social
        link
        fedilink
        arrow-up
        23
        ·
        edit-2
        1 year ago

        The crazies have not been getting less crazy, and they’re doing their best to convert as many fence-sitters as possible.

        But its not just about who wins and who loses the presidential election. There’s also down-ticket races, as well as the increased extremism that this ongoing spectacle is pushing on all parts of the political spectrum.

    • sawdustprophet@midwest.social
      link
      fedilink
      arrow-up
      5
      ·
      1 year ago

      If we could lock him up before election season really kicks in that would be great

      Just going to point out that convicting and jailing him does not disqualify him from holding office, and would likely just embolden his base.

  • ThirdWorldOrder@lemm.ee
    link
    fedilink
    arrow-up
    32
    ·
    1 year ago

    I was in civil court before and almost fucked up by submitting previous emails from a former lawyer of mine. Glad my attorney caught it and mentioned the shitstorm it would start.

    What I don’t understand is how someone who has been dealing with lawsuits his whole life could be so stupid?

      • Elderos@lemmings.world
        link
        fedilink
        arrow-up
        18
        ·
        1 year ago

        It is actually easier to manipulate people if you’re ignorant and over-confident. It is much easier because you don’t have to lie and adapt your speech, you just do you.

    • OldWoodFrame@lemm.ee
      link
      fedilink
      arrow-up
      20
      ·
      1 year ago

      What I don’t understand is how someone who has been dealing with lawsuits his whole life could be so stupid?

      He has $40 million worth of legal advice, it’s not being stupid or uninformed. They’re giving the best possible defense, and it’s a very bad one.

      • jonne@infosec.pub
        link
        fedilink
        arrow-up
        11
        ·
        edit-2
        1 year ago

        Eh, he’s not exactly hiring the best lawyers. In any other situation the best law firms would be jumping at the chance to defend a former president, but due to past behaviour (not paying, not following advice, committing additional crimes, asking lawyers to commit crimes for him), he’s only hiring rubes and crazies.

    • FuglyDuck@lemmy.world
      link
      fedilink
      English
      arrow-up
      15
      ·
      1 year ago

      he hasn’t been dealing with lawsuits.

      His lawyers have been dealing with lawsuits his whole life.

      It’s the same with his businesses- the ones that are successful are successful in spite of him, because somehow he got someone competent to work under him.

      But he really is an idiot, and totally incompetent at everything he touches. Except maybe reality tv, because people just eat up shitty assholes there

      • Xeelee@kbin.social
        link
        fedilink
        arrow-up
        4
        ·
        1 year ago

        There’s one thing he’s good at: making assholes feel good about being assholes. That’s the one thing he’s built his entire political career on.

      • Weirdmusic@lemmy.world
        link
        fedilink
        arrow-up
        2
        ·
        1 year ago

        Even then, he was surrounded by highly competent entertainment types who knew what they were doing. All Drump had to do was turn up and say his lines.

    • grahamsz@kbin.social
      link
      fedilink
      arrow-up
      7
      ·
      1 year ago

      Also the “Narrator” segments which are inexplicably read in Morgan Freeman’s voice in my head

            • NielsBohron@lemmy.world
              link
              fedilink
              arrow-up
              3
              ·
              1 year ago

              Narrator: But she did find that she was being honored at an award show dedicated to the achievements of young people in the entertainment business.

              Maeby: I’m getting an Opie?

              Narrator: And it did boost her esteem.

              Maeby: Hey!

              Narrator: The only bigger honor would be having an award like that named after you, I guess.

        • neoman4426@kbin.social
          link
          fedilink
          arrow-up
          3
          ·
          1 year ago

          Ron Perlman in his role as the narrator of the majority of the Fallout series is the default narrator for me. I’ve heard a lot of people also have Ron Howard as the Arrested Development narrator as their default internal narrator

        • be_excellent_to_each_other@kbin.socialOP
          link
          fedilink
          arrow-up
          1
          ·
          1 year ago

          I assumed it was AI generated based on a prompt, but my apologies if I’m maligning anyone’s art by saying that. It’s a fantastic bit of art no matter how it was made IMO.

  • atempuser23@lemmy.world
    link
    fedilink
    English
    arrow-up
    11
    ·
    1 year ago

    It’s completely possible for Trump to lose this case and have it thrown out or negated. This is a real and vital test for the rule of law. I am not confident the grand experiment in law and liberty will survive.

  • Kbin_space_program@kbin.social
    link
    fedilink
    arrow-up
    6
    ·
    1 year ago

    Trick that I expect Trump to pull that the article doesn’t talk about:

    Trump will pull presidential privilege, national security, or the ever popular “I don’t remember” when asked to explain details.