The slightly funny thing is, if the sentencing judge is a strong partisan who thinks Trump has those conditions, it will lower the sentence per federal guidelines — especially if the judge thinks one or more of those mental states got worse as Trump got older.
But if the judge thinks Trump is normal and sharp, as a Trump-voting judge probably does, guidelines dictate a longer sentence.
Just a few comments about Judge Cannon, and how a Judge cannot alter these proceedings. I’m speaking in general terms/going for clarity, but please correct me if I’m not accurate or completely off-base.
Here, for example, you have evidence coming from Trump’s attorney. That’s protected by attorney-client privilege and cannot be used as evidence, unless an exception to the privilege applies. The prosecutors previously got the grand jury judge to allow the exception and it was used as evidence (ie, the crime fraud exception - Trump’s statements to attorney were meant to further or conceal a crime). However, Judge Cannon may rule differently, and it might not be overturned even if the appellate Judge’s might have personally thought differently if the appellate Judges don’t think Judge Cannon was abusing her discretion (ie, rational and reasonable Judge’s could come to different decisions about it).
Just food for thought. Just because it’s in the indictment doesn’t mean it’s going to be put in front of a Jury, and if it’s not put in front of a Jury doesn’t mean Judge Cannon will be overturned for keeping it out (or allowing stuff in that should be kept out - I can imagine Trump wanting to get some non-relevant "witch hunt’ stuff in that should be kept out).
It’s my understanding that if a jury finds Trump not guilty (even if it’s based on bad rulings during the trial by Judge Cannon), then the prosecution cannot appeal.
Even better, “I am the flesh and blood person Donald John:Trump, representing the strawman “DONALD TRUMP”.”
You know he can produce documents entirely printed in gold leaf.
re: Florida “local counsel”. It seems impossible to me that someone is not able to find a lawyer licensed in the Southern District of Florida - not saying it’s wrong, just like amazing. Maybe the lawyers that quit were the only ones licensed there? Even still.
I haven’t read anything, but if Trump doesn’t have anyone licensed in SDFL, then none of his lawyers can be there. What needs to happen, and it can happen fast, is you hire one licensed SDFL lawyer, who then files a specific Motion (Pro Hac) to ask the Judge to allow all the non-licensed SDFL attorneys to be able to participate in this one single case even though they are not licensed. These motions are generally never ever denied and the prosecutors would even consent to them. But you do need that single licensed to lawyer to file the motion and get this started.
That’s my understanding based on what was reported in this thread.
House arrest would be fine if he was confined to a vegan farm and had to eat only food grown there.
If I’m Walt Nauta, I’m going to want a competent lawyer, not some goon that is willing to be stiffed by Donald. His ass is on the line here, doesn’t he get a say in who represents him?
I’m not too worried about Loosey Cannon- this case is so airtight she would have to show such blatant favoritism to save Donnie’s skin that she’d be overruled on appeal easily.
That doesn’t mean there is no hearing. It’s just a first appearance, and there would be a short reset for him to have his attorney appear.
Yeah, the case is going to proceed regardless. And I’m not sure he’d qualify for the public defender (at least at the Florida state level, it’s based on financial ability to pay).
I’d represent him. I just need my legal fee - $25 million, enough to really comfortably retire - paid up front in cash.
It’s even easier. If you’re a member of the Florida Bar, you can apply to be admitted in this District very easily and don’t need to ask for permission to appear Pro Hac Vice. Pro Hac admission would be for an attorney not admitted in Florida at all. (some of Trump’s attorneys might be from out of state, I haven’t looked).
That’s an excellent point. It brings in double jeopardy and we know you can’t be tried twice for the same crime. I don’t know the answer, though if there is a way to set aside the not guilty verdict.
I like to take things to an extreme as it sometimes illuminates things for me. Let’s say Judge Cannon systematically rules against every piece of evidence the prosecution wants to admit. Horrendously all favorable to Trump, down to the most mundane and certainly admittable pieces of evidence. The Jury, having no evidence, finds Trump not guilty. Surely that can’t stand (right?), but I’m not sure of the procedure of how it would be dealt with. Is it just some (outside the case) impeachment against the Judge, or is there something that can be done within the actual case.
If any of us were Walt Nauta, we’d have been on the phone to the FBI about this years ago. As this point, we have to assume that he’s entirely in thrall to Trump, and will end up being the fall guy in Trump’s narrative.
A person found not guilty can be retried if the appellate court finds that there were serious errors of law in the conduct of the trial. It is not considered double jeopardy because the defendant was never in any real “jeopardy” due to the errors of the court.
This is a misstatement of what occurred. It wasn’t up to the grand jury in DC to “allow the exception.” It was heard and ruled upon by DC Circuit Chief Judge (at the time) Beryl Howell. It was her ruling that pierced the crime-fraud exception that allowed the evidence in, overcoming attorney client privilege.
It’s true that Cannon could decide this in a different way than Judge Howell. But Cannon is a district court judge, and Howell is a circuit court judge. I think we know how the Eleventh Circuit would rule on Cannon’s choice to ignore Judge Howell’s previous ruling on this.
The key is going to be vore dire. If Cannon can rule that political partisanship can’t be used as an exclusion criteria for jurors, then it doesn’t matter how air tight the case is, you have a good chance of getting jury nullification.
That would be one way that his lawyer could be guaranteed to be paid.
I’m sure that Jack Smith knows approximately one trillion times more than me about the law. Is the fact that the grand jury was in D.C. and not Fla. something that Trump can cry “unfair!” about?
If Trump isn’t eligible for a public defender, is it possible for the court to appoint him a lawyer and force him to pay for them? Presumably, through garnishing, liens on accounts, or any of the other methods courts use to force payment?
How long would it take Rudy to get licensed in FL? Does it go by reciprocity and if you’re licensed in one state you can just pay for a FL license?
Begin the thawing of Bruce Cutler!
First of all, Rudy’s bar status is “suspended” as I recall.
But many states do have reciprocity for bar admissions. Typically, it requires at least 5 years of being in “good standing” in your home bar, and sometimes requires some testing. It usually also requires a background check. It takes months.
However, an out of state attorney does not have to apply to become a member of the Florida bar. They can ask to be admitted Pro Hac Vice for this particular case. That is a pretty quick process, and you can even ask to appear while your Pro Hac application is pending.
It doesn’t work that way. Trump is simultaneously a genius billionaire businessman with an unerring ability to hire the best and brightest people to help him, and someone who needs regular donations to keep his campaign afloat when he’s let down by the incompetent, disloyal people he’s forced to hire.
In this particular case, expect lots of Trump’s followers to laud his brilliant legal machinations during the trial, and then say that he deserves compassionate release if he’s convicted.