I’d like to think it was a skywriting witch spelling “SURRENDER DONALD” above MaraLardo.
I’m not sure which case will take more time: the documents case with the logistics of handling classified documents or the Jan 6 case which has a cast of potential co-defendants and a ton of witnesses.
Today’s paper had an article on Trump’s desire - if re-elected - to further expand and consolidate the executive’s power. A la Putin et al, I would imagine is the ultimate goal. A challenge facing America is the vast gulf between people who think this idea wonderful vs horrible. (Not only WRT Trump specifically, but also in terms of executive power.)
It depends how they charge Trump. I would think they would keep it very pointed and simple - this means not charging criminal behavior. There is a galaxy of criminal behavior to go at, but Jack should resist that to be able to tell a simple understandable story. 2-3 things, not the 7(?) crimes that the House investigated/found evidence of.
I don’t know how accurately a prosecutor can predict what is and isn’t a “strong” count. Having more counts just means that you don’t risk missing the one that the jury felt is the strongest.
More counts might signal to the jury that something significant happened and is more worth prosecution, and help to put them into the right frame of mind.
A jury might feel like Trump was more like a delusional, mostly senile old man than a consciously, pointedly criminal sort. As such, while they feel that he misbehaved, they might feel like they can’t accept mens rea sufficient for the greatest crimes. They might feel like it’s the smaller, more misdemeanor/lower sentencing style crimes that are more correct from a judicial weight standpoint for his crimes. If you remove those, then they might not render him guilty on anything.
Personally, I’d recommend against trying to game the system. Charge what seems like a reasonable crime to charge, from the evidence, and do an honest job of presenting those cases. Don’t cut ones that are reasonably prosecutable and don’t add any that are long-shots. Don’t 4D chess yourself into a rabbit hole.
Yes, and no. You absolutely want to go after extremely bad behavior, so it will be felony charges. But it’s difficult, in this case, to go after all the felonies and have a jury understand it. The jury will presumably not know too much about any of this and will be learning the details for the first time.
Maybe this is getting into the weeds, but it’s also nice to have something tangible as evidence. Here, for example, the fraudulent electoral certificates are tangible certificates a jury can hold and look it. They are holding the crime in their hands. It’s real. You charge that (conspiracy to defraud the US). But you probably don’t charge a phone call(s) intimidating or conspiring with the Governor/fake electors, etc, which is very criminal, where all the evidence is oral testimony (even with a transcript) and not crystal clear. Hard for a jury to keep that in their head for a sustained period of time and make sense of it. You don’t charge that serious crime.
That would not be the only thing charged, but just an example of picking and choosing. I have no idea how this will be charged.
That’s a prosecutor’s job. They need to be able to evaluate the evidence and determine if the case is strong enough. That includes figuring out what to charge and what not to. Otherwise the old comedy trope of charging something like “murder, terrorism, and littering” would be pretty common.
The American Bar Association even says that’s one of the main jobs of a prosecutor.
The primary duty of the prosecutor is to seek justice within the bounds of the law, not merely to convict. The prosecutor serves the public interest and should act with integrity and balanced judgment to increase public safety both by pursuing appropriate criminal charges of appropriate severity, and by exercising discretion to not pursue criminal charges in appropriate circumstances. The prosecutor should seek to protect the innocent and convict the guilty, consider the interests of victims and witnesses, and respect the constitutional and legal rights of all persons, including suspects and defendants.
Andrew Weissman, former US attorney and friend of Jack Smith’s, posits that indictments will fall tomorrow or by no later than Thursday. (He claims no inside information, just reading tea leaves. He has been wonderfully accurate in his past predictions on this stuff.)
Figures. I’m off to go pick up a new puppy tomorrow!