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Post by easye on Aug 8, 2023 11:33:08 GMT -5
The case in Florida is a sideshow distraction from the big one in DC really. That's where the fireworks will happen.
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Post by A Town Called Malus on Aug 9, 2023 6:33:36 GMT -5
Seems the Florida Judge is a right idiot. Recent trial she conducted saw multiple violations, including Not Swearing In The Jury. Idiot and partisan hack! Incidentally, sentencing in the US is based on guidelines, not statutory law. Trump could be convicted for every count re. the improper storage of classified documents and Judge Cannon could disregard the sentencing guidelines entirely and decide he gets 3 months of community service. While that is true, such an egregious departure from the guidelines would give the prosecution grounds for appealing the sentence. Of course, the risk there is that if the appeal gets elevated up to the supreme court, the court may decide that sentencing guidelines are not a "longstanding tradition of the nation" or whatever the actual bullshit phrase they use nowadays is.
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Haighus
Ye Olde King of OT
Posts: 902
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Post by Haighus on Aug 9, 2023 8:45:13 GMT -5
Idiot and partisan hack! Incidentally, sentencing in the US is based on guidelines, not statutory law. Trump could be convicted for every count re. the improper storage of classified documents and Judge Cannon could disregard the sentencing guidelines entirely and decide he gets 3 months of community service. While that is true, such an egregious departure from the guidelines would give the prosecution grounds for appealing the sentence. Of course, the risk there is that if the appeal gets elevated up to the supreme court, the court may decide that sentencing guidelines are not a "longstanding tradition of the nation" or whatever the actual bullshit phrase they use nowadays is. From my very limited understanding of the situation, I think the ability to appeal based solely on the sentence passed is not a given. I think the "correct" response is supposed to be impeachment of the judge, and we know how that will go...
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Post by A Town Called Malus on Aug 10, 2023 7:18:44 GMT -5
theappellatelawfirm.com/blog/can-criminal-sentence-appealed/"A defendant or the prosecution can appeal the sentence if the judge failed to act properly in handing down the sentence, and these grounds can include: >Sentencing a defendant above the maximum sentence for a crime >Improperly including multiple counts in a single sentence >Failing to allow in certain evidence during the sentencing phase > Departing upward or downward from federal sentencing guidelines without justification>Improperly calculating a sentence under the federal sentencing guidelines >Sentencing a defendant in a manner that is disproportionate to the crime >Cruel and unusual punishment in violation of the U.S. or state constitution." Emphasis mine. So although Cannon could massively undersentence Trump, it could be appealed and would come down to whether she was justified in doing so.
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Haighus
Ye Olde King of OT
Posts: 902
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Post by Haighus on Aug 10, 2023 7:47:14 GMT -5
Fair enough, so probably would be appealed.
On the other hand, almost certainly would keep Trump out of prison for the election.
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skyth
OT Cowboy
Posts: 344
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Post by skyth on Aug 10, 2023 8:09:14 GMT -5
The real threat of her here is not sentencing, but rather a directed verdict of not guilty before it even gets to the jury.
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Post by easye on Aug 10, 2023 9:25:56 GMT -5
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Post by pacific on Aug 10, 2023 11:17:24 GMT -5
I have often wondered about how much of this sort of thing goes on, but we just don't hear about it.
Perhaps most of the time it ends with a visit by the FBI, but not necessarily a fatal shooting.
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Post by Disciple of Fate on Aug 10, 2023 14:57:58 GMT -5
In the Netherlands you tend to hear about it as it goes to trial, but internationally it's probably only noteworthy due to the guy getting shot.
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Haighus
Ye Olde King of OT
Posts: 902
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Post by Haighus on Aug 15, 2023 2:58:02 GMT -5
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Haighus
Ye Olde King of OT
Posts: 902
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Post by Haighus on Aug 15, 2023 8:24:08 GMT -5
Further thoughts: this Georgia indictment is the most significant yet.
Theoretically Trump could be convicted on the federal charges, imprisoned, be elected president from prison, and then he can probably pardon himself. Especially with the current supreme court majority.
However, it is much less likely that he can pardon himself for a state crime, so a serious state crime like the Georgia one is much more threatening to Trump's liberty.
I can see a very real possibility that the next president of the US will be residing in the White House Penitentiary...
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mdgv2
OT Cowboy
Posts: 487
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Post by mdgv2 on Aug 15, 2023 8:31:57 GMT -5
Remains to be seen what an actual conviction might do for swing voters.
Though how someone can be swing with such an objectively horrible human being I’ll never understand.
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Post by easye on Aug 17, 2023 9:56:16 GMT -5
Things are getting real now.... www.npr.org/2023/08/17/1194362551/tanya-chutkan-judge-threats-trump-insurrection-trial-shryA Texas woman is charged with threatening the judge overseeing Trump's Jan. 6 trialAs we have seen in the Book Banning thread, these tactics have worked really well for the Right at the local level of government, so now they are emboldened to try and use them at the Federal Level. I think the pushback at the Federal Level will be a bit more impressive.
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Post by adurot on Aug 17, 2023 11:11:39 GMT -5
Things are getting real now.... www.npr.org/2023/08/17/1194362551/tanya-chutkan-judge-threats-trump-insurrection-trial-shryA Texas woman is charged with threatening the judge overseeing Trump's Jan. 6 trialAs we have seen in the Book Banning thread, these tactics have worked really well for the Right at the local level of government, so now they are emboldened to try and use them at the Federal Level. I think the pushback at the Federal Level will be a bit more impressive. Ain’t even her first! She’s been.. charged? for doing it three or four times already this year previously. Her dad says she just sits around on the couch watching news and drinking beer then calling people up and threatening them but never leaves the house.
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Post by easye on Aug 17, 2023 11:26:03 GMT -5
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