Judge pauses Trump’s Jan. 6 case amid appeal to toss it

Discussion in 'Latest US & World News' started by CornPop, Dec 13, 2023.

  1. CornPop

    CornPop Well-Known Member

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    https://thehill.com/regulation/court-battles/4358747-judge-pause-trump-jan-6/

    The Trump DC case is starting to get interesting. This is the trial where Jack Smith is arguing before Judge Chutkan that Trump engaged in an insurrection and tried to steal the election. Judge Chutkan agreed with Smith to start the trial the day before Super Tuesday and has thus far made rulings on motions based on keeping that date, even if it means any outcome will lose on appeal. The goal isn't to get to a verdict that will stick, but to work with Jack Smith's office to interfere in the election as much as they can.

    Trump's team recently found precedent to remove the case from Chutkan's courtroom on appeal. Effectively, Chutkan's hands are completely tied until the appeal is decided. Chutkan has denied Trump's motions to dismiss this far, which he has appealed on the grounds that he has immunity and double jeopardy.

    The relevant part of the Constitution states:
    Trump's defense says that since he was never convicted in the Senate he cannot be charged for alleged crimes that were in his official capacity. Jack Smith claims that this simply means that only some crimes can't be prosecuted, but crimes in the "outer perimeter" of his responsibilities as President can be charged. Chutkan obviously agreed with Smith. This issue hasn't been decided by the courts before.

    But, what has been decided is that once Trump informs the court of his intent to appeal this, everything must stop. No more discovery, no more hearings, no more rulings; Chutkan has no more jurisdiction over the case. Despite this, Jack Smith filed a motion to schedule another hearing :roflol: in violation of the law and Supreme Court precedent. In response, Trump's defense sent a snarky filing that basically said they aren't showing up, they have no jurisdiction, and they need to start following the law. The reason for this is that precedent protects people like Trump from malicious prosecution. Otherwise, rogue partisan prosecutors and judges can just tie up their political opponents in court over things that do not have merit. The process is the punishment. These prosecutions are intentionally being timed to influence the election and Trump's campaign. Jack Smith and Chutkan aren't even trying to hide it anymore.

    In any event, after Trump's team sent Chutkan a reminder that she needed to follow the law, she issued an order to pause. It's ironic because the order wasn't necessarily needed. She already lost jurisdiction. But, she waited until the Supreme Court agreed to take the case on an expedited schedule to enforce the conditions of the appeal. It's of note that generally speaking she has no jurisdiction, but she has kept the partial gag order in place or at least what's left of it after the appeals court struck down a large portion of it for being unconstitutional. Trump will likely appeal that as well to try to get even more lifted.

    Chutkan must be completely incensed. Trump's defense has been needling her since they found this precedent last week and have been very snarky in their communication. Trump's team has informed the court that they are not working on anything regarding this case as to how it pertains to her courtroom until the appeal is decided and in the event the appeal sends the case back to her... thus potentially delaying her election interfering trial start date. Depending on how quickly the SCOTUS makes a ruling on this will determine whether that happens. She'll likely just further expedite the case, as if several months to review ~15 million pages of discovery wasn't already absurd. They effectively informed her that they were done and moving on and didn't care whether or not she responds. Trump's team is now working on the appeal, Chutkan's trial doesn't exist for the time being and they can't be expected to work on multiple trials at the same time.. well if you ignore Jack Smith's Florida prosecution that he timed for the same time despite not being able to cite any other time in US history where they ran multiple trials with the same defendant in two different states. They normally wait until one prosecution is finished to start the next one. But when there's a Trump election to interfere with, they schedule two.
     
    Last edited: Dec 13, 2023
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  2. popscott

    popscott Well-Known Member Donor

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  3. popscott

    popscott Well-Known Member Donor

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  4. AARguy

    AARguy Banned

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    Insurrection? LOLOL A disorganized, unarmed bunch of protesters occupy one building for a few hours and some folks think this could overthrow the government of the United States. LOLOL... they must think our nation has the most fragile, weak, dainty government ever known to man. LOL
     
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  5. FatBack

    FatBack Well-Known Member

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    C'mon man, everybody knows you need tanks and f-16s to take on the government. Or at least that's what bribed Biden tells us.
     
  6. AARguy

    AARguy Banned

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    Insurrection! LOLOLOL.... ROFLMAO!!
     
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  7. Cal-Pak

    Cal-Pak Active Member

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    You all need to stop listening to Right Wing media.
    You know what this case going to the Supreme Court is about, right?
    It's to determine if Trump can be charged with Insurrection, or whatever, in relation to Jan 6.
    Or, if the President is immune from Prosecution for actions taken while he is President.

    Personally I hope the Supreme Court rules on this very quickly.
    And I also hope the rule in Trump's favor.

    You know why?
    That would mean that if the President does something. They are immune from prosecution for it.
    Do you know who is President right now?

    If the Supreme Court rules in Trump's favor, that would mean Biden could send Trump to GITMO and forget about him.
    And it would all be legal. And if the House complains and tries to impeach Biden.
    He could send half of the Republicans to GITMO also.
    And it would all be legal.

    Remember, If the President does it. It's not a crime.
    Or, at least that is what the Supreme Court will be deciding.
    Otherwise. The trial continues.
     
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  8. AARguy

    AARguy Banned

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    Anyone that believes that a relatively small group of unarmed, disorganized protesters occupying ONE BUILDING for a few hours constitutes an insurrection is living in a very strange unreality. Any attempt to overthrow the US government would require thousands of armed warriors taking control of communication centers, transportation hubs, police facilities and lots more, coast to coast. It would require a whole new cadre of shadow government officials ready to step in as state governors, CIA Directors, FBI officials, military leaders and more.

    None of that ever happened.

    If our government is so fragile, so weak, so delicate that the occupation of one building could disrupt and destroy it... then we have bigger problems than some protesters occupying one building for a few hours.

    If the Supreme Court does not find in Trump's favor, we will be establishing a precedent for any political group of whiners and complainers to stifle their opposition with essentially no effort at all.
     
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  9. Wild Bill Kelsoe

    Wild Bill Kelsoe Well-Known Member

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    If Smith was going to charge Trump with insurrection, he would have already done it.
     
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  10. AARguy

    AARguy Banned

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    So, using your logic, if Trump is found not guilty (which I'm betting he is) then that enables all future Presidents to do anything they want? Can you explain how that works? Can you connect those imaginary dots?
     
  11. Iranian Monitor

    Iranian Monitor Well-Known Member

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    .The same exact actions any other time could fit your narrative but this one building housed the people convened to change the POTUS, who also happens to be the commander-in-chief...
     
    Last edited: Dec 20, 2023
  12. Iranian Monitor

    Iranian Monitor Well-Known Member

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    If the USSC rules in favor of Trump on the immunity question, the US will officially soon become a dictatorship. Same with the double jeopardy issue. It would mean the only theoretical remedy to deal with some dictatorially inclined president taking action to subvert the rule of law and democratic institutions would be impeachment, which itself can be subverted and compromised through dictatorial acts.
     
  13. AARguy

    AARguy Banned

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    And the disorganized, unarmed protesters didn't have any organized plan to do anything like that. They had no effect on the election. Biden was inaugurated without incident. I was once stationed at Ft Knox where we keep all our gold. Does that make me responsible for the going rate of gold?
     
  14. Iranian Monitor

    Iranian Monitor Well-Known Member

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    Fundamentally not my fight, but I'm sure others won't confuse their ultimate failure to disrupt and prevent certification of the electoral college tally, with those "protestors/insurrectionists" not having "any such plans". But that actually seems to me the crux of the issue: where they merely protesting or where they trying to physically stop the certification process by overrunning the capital police and storming into capital hill?
     
    Last edited: Dec 20, 2023
  15. Reality

    Reality Well-Known Member

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    The defense here is stupid as ****. Jeopardy doesn't attach to an impeachement. He's never been tried. No double jeopardy.
     
  16. AARguy

    AARguy Banned

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    LOL... it would take THOUSANDS of ARMED insurrectionists to overthrow the government. It would take the seizing of communications centers, transportation hubs, military facilities and police command centers. It would take thousands of folks ready to step in as governors, agency heads, and many more critical positions. It would require these actions COAST TO COAST and simultaneously in many overseas locations. A relatively few UNARMED, DISORGANIZED protesters taking over ONE BUILDING for a few hours could no more disable the government of the United States than a bunch of drunks could gain control over Fort Bragg.
     
  17. GlobalCitizen

    GlobalCitizen Well-Known Member

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    Which is why Trump should do the same to them (sarcasm). Maybe that's why he made the "day one" dictator comment. If Trump wins, there will almost certainly be people wanting to protest his inauguration. Trump should make sure to embed MAGA within that protest. He should ensure that protest gets out of control. And then like Biden, use it to demonize the entire movement against him, so that he can violate the constitutional rights of its individual members...all based on that magical word: Insurrection!

    (Again, sarcasm)
     
    Last edited: Jan 5, 2024

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