For those who don't live in the Atlanta area, you probably aren't familiar with an ongoing RICO trial being prosecuted in Fulton County Superior Court. It involves a gang leader and what started out with about a dozen other defendants. The trial began last January and still no jury has been selected. Several of the defendants have also since been severed along the way. I suspect that the gang case could be a harbinger for how the Trump, et al defendants' case will proceed----and that's after all 18 defendants have had their motions litigated. This will be a long, drawn-out process, one considerably longer than the federal cases.
Excellent distillation! One question, while Trump if elected cannot have the state prosecutions disappear, unlike the federal charges which of course he can direct whomever he makes acting AG to drop, he will still argue that the rationale underlying the OLC guidance against indictment or prosecution of a sitting President remains. That guidance is based upon two premises, one under Article 2 and another under separation of powers. The Article 2 justifications (importance of the job and a series of cited burdens on the Presidency which arguably would harm the country) would be argued by Trump lawyers to preclude prosecution until he finishes his term. The issue of whether state or local entities can prosecute a sitting President has never been litigated and is not addressed in the OLC guidance because the OLC only advises DOJ on federal matters. How do you see that playing out--I didn’t say it was an easy question! Thank you!
What are your thoughts about the Sep 17 2021 charges? Where is the line between an angry letter to a government official and a crime? The entire rest of the indictment looks very solid to me, but I wonder about this one letter.
Unpacking the Georgia Trump Indictment
For those who don't live in the Atlanta area, you probably aren't familiar with an ongoing RICO trial being prosecuted in Fulton County Superior Court. It involves a gang leader and what started out with about a dozen other defendants. The trial began last January and still no jury has been selected. Several of the defendants have also since been severed along the way. I suspect that the gang case could be a harbinger for how the Trump, et al defendants' case will proceed----and that's after all 18 defendants have had their motions litigated. This will be a long, drawn-out process, one considerably longer than the federal cases.
Excellent distillation! One question, while Trump if elected cannot have the state prosecutions disappear, unlike the federal charges which of course he can direct whomever he makes acting AG to drop, he will still argue that the rationale underlying the OLC guidance against indictment or prosecution of a sitting President remains. That guidance is based upon two premises, one under Article 2 and another under separation of powers. The Article 2 justifications (importance of the job and a series of cited burdens on the Presidency which arguably would harm the country) would be argued by Trump lawyers to preclude prosecution until he finishes his term. The issue of whether state or local entities can prosecute a sitting President has never been litigated and is not addressed in the OLC guidance because the OLC only advises DOJ on federal matters. How do you see that playing out--I didn’t say it was an easy question! Thank you!
What are your thoughts about the Sep 17 2021 charges? Where is the line between an angry letter to a government official and a crime? The entire rest of the indictment looks very solid to me, but I wonder about this one letter.