FBI Search and Seizure at Trump's Mar-A-Lago Residence, August 8, 2022, Case Dismissed July 15, 2024

[rocking_chair]

Out during appeal does happen, usually in non violent crimes.

[EddyTeddyFreddy]

@BobLibDem

Why does he need to fundraise if he’s going to stiff his lawyers anyway?

Why not? All the funds are for him anyway, all the money rightfully belongs to his exalted self, so why not open another grift channel?

[Jungian_Camisole1]

As the longtime spouse of a Republican dude, I would like to treat you both to dinner! We have so much more in common than what divides us; he’s pretty righteous.

[Riemann]

@EddyTeddyFreddy

So, A and B did X; B and C did Y; A and D did Z; but A, B, C, and D are all co-conspirators.

So Kevin Bacon could be indicted?

[Atamasama]

Exactly, the question answers itself.

1. Raise a GoFundMe asking the rubes for money so he can fight this injustice!!!
2. Not pay his lawyers.
3. Profit.

[EddyTeddyFreddy]

One thing that worries me: Judge Aileen Cannon won’t be the District Court judge who gets this case, will she?

[Atamasama]

@EddyTeddyFreddy

Judge Aileen Cannon won’t be the District Court judge who gets this case, will she?

I doubt it. Remember that Trump went out of his way to file in a place where he could get her.

I don’t see the DOJ filing this in her jurisdiction.

ETA: Here is an article talking about some of the shenanigans involved to get her to oversee the case.

The Incredible Mystery of How Trump Got Judge Cannon

Again, I don’t see that happening here.

[Chronos]

Oh, and I don’t drink, but I’m currently savoring some 85% dark chocolate.

[rocking_chair]

Perhaps the judge that gave her the smack down?

Msnbc just raised the question of that judge.

[EddyTeddyFreddy]

@Atamasama

Raise a GoFundMe asking the rubes for money so he can fight this injustice!!!

Why, oh, why do the rubes never ask themselves why a billionaire needs their pittances to pay for anything? Never, never, never?

[kambuckta]

As a distant observer, I don’t really care two hoots whether Trump is gaoled or otherwise for his crimes.

I just want to hear a judge yell GUILTY. That would be sweet enough for me.

[PhillyGuy]

@MulderMuffin

Hypothetical: he’s found guilty and files an appeal. Won’t he be in jail until the appeal is heard? That’s the way it usually is, as I understand it.

He’s a first offender. Maybe he will be charged with something where the sentencing guideline requires prison time. We should know that next week. But it’s pretty unlikely he would be found guilty on all counts.

Also, the judge sending him to prison during the appeals would have to think he was unlikely to prevail with his appeals. Considering the current Supreme Court, who can really think that?

I do I hesitate to repeat my earlier assurances that a federal Trump jury would always be hung due to presence of Trump supporter(s). I hesitate because there reportedly was a Trump voter on the Carroll jury, and Donald still lost.

[Moriarty]

@rocking_chair

Out during appeal does happen, usually in non violent crimes.

If he’s sentenced to prison, he’s going in unless the judge makes a finding that he’s not a flight risk and his appeal isn’t just for delay.

(b)Release or Detention Pending Appeal by the Defendant.—

(1)Except as provided in paragraph (2), the judicial officershall order that a person who has been found guilty of an offense and sentenced to a term of imprisonment, and who has filed an appeal or a petition for a writ of certiorari, be detained, unless the judicial officer finds—

(A)

by clear and convincing evidence that the person is not likely to flee or pose a danger to the safety of any other person or the community if released under section 3142(b) or (c) of this title; and

(B)that the appeal is not for the purpose of delay and raises a substantial question of law or fact likely to result in—

(i)

reversal,

(ii)

an order for a new trial,

(iii)

a sentence that does not include a term of imprisonment, or

(iv)

a reduced sentence to a term of imprisonment less than the total of the time already served plus the expected duration of the appeal process.

18 U.S. Code § 3143 - Release or detention of a defendant pending sentence...

ETA:
Here’s some analysis from an attorney blog (not something I wrote):

In fact, all federal courtsof appeals have held that a convicted defendant has no constitutional right to bail and is not per se entitled to release pending appeal. See, for example, United States v. Olis, 450 F.3d 583, 585 (5th Cir. 2006). Similarly, courts have emphasized that mentioned presumption in favor of a defendant before a conviction will turn into a presumption against the grant of bail. See, for example, United States v. Williams, 822 F.2d 512, 517 (5th Cir. 1987). Because the defendant lacks constitutional entitlement to release, the law lifts the burden of proof from the government (to prove the defendant’s guilt beyond a reasonable doubt) onto the defendant. Thus, it is the defendant who must prove by clear and convincing evidence:

• That the defendant is not likely to flee or pose a danger to the safety of any other person or the community if released;
• That the appeal is not for the purpose of delay;
• That the appeal raises a substantial question of law or fact; and
• That if that substantial question is determined favorably to the defendant on appeal, that decision is likely to result in reversal or an order for a new trial of all counts on which imprisonment has been imposed.

Because a defendant carries the burden of proof with respect to all of these factors, the failure to meet that burden for any one of them is sufficient to deny bond. In most cases, the first two factors are uncontested, and the focus lies on whether the defendant is likely successful on appeal and whether the appeal raises a substantial question of law or fact. A “substantial question” in this context means “that the issue presented must raise a substantial doubt (not merely a fair doubt) as to the outcome of its resolution.” United States v. Valdera-Elizondo, 761 F.2d 1020, 1024 (5thCircuit 1985)

[EddyTeddyFreddy]

@rocking_chair

Perhaps the judge that gave her the smack down?

That was the Circuit Court of Appeals, the next step up the judicial ladder. It’s the District Court judges who preside over trials, also pretrial motions and hearings. But I daresay the Chief Judge of the Southern District of Florida will make sure she doesn’t get her paws on this case.

[Procrustus]

@Aspenglow

I’m expecting others to be charged.

Me too. But there can be unindicted co-conspirators. Like Individual 1 in the Cohen case.

[Riemann]

@PhillyGuy

Considering the current Supreme Court, who can really think that?

What aspect of this could be appealed to the Supreme Court?

[Procrustus]

@Riemann

What aspect of this could be appealed to the Supreme Court ?

Well, we haven’t even seen the charges yet, but there could be challenges to the statute, or arguments that former presidents can declassify documents with their minds. The Supreme Court takes very few criminal cases, (and few cases overall), but they could take this if there are legitimate issues raised. But that’s years from now.

[Spoons]

@EddyTeddyFreddy

Why, oh, why do the rubes never ask themselves why a billionaire needs their pittances to pay for anything? Never, never, never?

I’ve wondered that myself. They love to say that he’s so rich that, as President, he didn’t take a salary; instead, he gave it to charity.

Yet they willingly donate to this guy, whom they figure is richer than Croesus, to fund his legal team. What’s up with that?

[PhillyGuy]

@Riemann

What aspect of this could be appealed to the Supreme Court?

Too soon to say, but there would be something.

How about any time during the trial where Trump’s attorney objects, and the judge says overruled?

[EddyTeddyFreddy]

@Riemann

What aspect of this could be appealed to the Supreme Court?

A guilty verdict can and will be appealed, but it doesn’t go directly to the Supremes; it has to go through the Federal Circuit Court of Appeals first. That court will consider all procedural arguments that the trial was unfair to the defendant, and can vacate the conviction and/or order a new trial. If the Circuit Court upholds the verdict, then the defendant can seek a writ of certiorari to appeal to the USSC.