Pending indictment against Trump in Georgia

210,821 Views | 2423 Replies | Last: 14 days ago by aggiehawg
Im Gipper
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Quote:

. Seems to punish a defendant for exercising a constitutional right.
As noted above, its not the "constitutional right" being exercised. Its a Georgia statutory right.

If the issue were the Sixth Amendment speedy trial, none of the things you quoted would be forfeited.

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txags92
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AG
etxag02 said:

You're turned around. The Defense is waiving their rights with their speedy trial demand. The State is requesting the Court advise the Defendants of the effects of their speedy trial demands.
Right to a speedy trial is a constitutional right. Shouldn't have to waive other rights to get what is included in the constitution. And exercising that right should not result in a deck stacked against you where you are not given discovery until the last minutes and are not allowed to present witnesses to counter it because you didn't provide their statement 10 days in advance. If the deadlines are waived, they should be waived for everybody.
txags92
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Im Gipper said:

Quote:

. Seems to punish a defendant for exercising a constitutional right.
As noted above, its not the "constitutional right" being exercised. Its a Georgia statutory right.

If the issue were the Sixth Amendment speedy trial, none of the things you quoted would be forfeited.
Isn't one based on the other? If the state has presented evidence to a grand jury to secure an indictment, why should they be able to hang onto that evidence until the last minute while demanding that the defense turn in their stuff 10 days in advance? I get that it is Georgia law, but it seems to unfairly stack the deck against the defense for asking for what is at its heart a 6th amendment right. Why is that law constitutional if it unfairly burdens the defense while not placing the same burden on the state?
Im Gipper
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The Georgia statute affords more protection than the US Constitution. That is permissible. But under that same Georgia law (assuming the cases stand for the proposition cited), the defendant in the case waives certain procedural discovery deadline rules in exchange for a "super speedy" trial.

There are not required to ask to go trial so quickly. They can fall back on the traditional right to a speedy trial.

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etxag02
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IMHO, and practically speaking, the U.S. does not respect that constitutional right. People can sit in jail for years before going to trial, or their case is dismissed.

Georgia law has their own rules for a speedy trial.
txags92
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AG
etxag02 said:

IMHO, and practically speaking, the U.S. does not respect that constitutional right. People can sit in jail for years before going to trial, or their case is dismissed.

Georgia law has their own rules for a speedy trial.
I would agree with you that we don't respect that right very well. But there are also a sizeable number of defendants that string out their court cases as long as possible before going to trial because they are out on bond and know they are likely to be convicted.
HTownAg98
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Ellis Wyatt said:

HTownAg98 said:

No, she's arguing that deadlines for turning over information prior to trial won't apply. They will still get all of it, but it reads like the state can dump it on them the day before trial if they want to.
And we can be certain that's what they'll do. This is what happens in banana republics.

This is a casserole of nonsense. This Georgia statute allows for a fast trial, but you have to give up certain deadlines if you want things to happen quickly. No one is forced to demand a speedy trial under the state law. You can always choose to go the traditional route and all the deadlines apply.
will25u
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Ellis Wyatt
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HTownAg98 said:

Ellis Wyatt said:

HTownAg98 said:

No, she's arguing that deadlines for turning over information prior to trial won't apply. They will still get all of it, but it reads like the state can dump it on them the day before trial if they want to.
And we can be certain that's what they'll do. This is what happens in banana republics.

This is a casserole of nonsense.
In Georgia, in D.C., and in New York, the actual law and actual rights are completely meaningless. None of this is being done in the pursuit of justice. It is being done in the pursuit of vengeance and oppression. No matter what casserole you want to dismiss it as.

But of course, you voted for it.
SockStilkings
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Found evidence this morning that for sure confirms Trump is headed to the pokey in Georgia. This was taken at Fulton County Jail a short time ago...






HTownAg98
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Ellis Wyatt said:

HTownAg98 said:

Ellis Wyatt said:

HTownAg98 said:

No, she's arguing that deadlines for turning over information prior to trial won't apply. They will still get all of it, but it reads like the state can dump it on them the day before trial if they want to.
And we can be certain that's what they'll do. This is what happens in banana republics.

This is a casserole of nonsense.
In Georgia, in D.C., and in New York, the actual law and actual rights are completely meaningless. None of this is being done in the pursuit of justice. It is being done in the pursuit of vengeance and oppression. No matter what casserole you want to dismiss it as.

But of course, you voted for it.

You shouldn't make stupid assumptions, lest you make yourself look like a fool; I voted for none of it.
aggiehawg
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According to NBC News, Biden received over 90,000 more votes for President than Stacey Abrams did in 2020 in...wait for wait for it...Fulton County?

Biden results

Abrams results

Seems odd to me.
Im Gipper
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Why odd? Don't "off year" elections usually get much less turnout than presidential election years?

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Im Gipper
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Taking those enumerated points alone, it certainly would be a misrepresentation. However, the body of the motion sets forth the law and explains what the cases say.

For example, on the first item regarding 10 days notice, the remedy is to ask for a continuance of the trial. The defendant cannot say "no continuance" and still have that information excluded.

I give it 2 Pinocchios.

I'm Gipper
GeorgiAg
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aggiehawg said:

According to NBC News, Biden received over 90,000 more votes for President than Stacey Abrams did in 2020 in...wait for wait for it...Fulton County?

Biden results

Abrams results

Seems odd to me.
I voted for Biden/Kemp. A lot of Georgians did.
aggiehawg
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GeorgiAg said:

aggiehawg said:

According to NBC News, Biden received over 90,000 more votes for President than Stacey Abrams did in 2020 in...wait for wait for it...Fulton County?

Biden results

Abrams results

Seems odd to me.
I voted for Biden/Kemp. A lot of Georgians did.
And you will vote Biden again. But thanks for sharing, I guess?
SockStilkings
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GeorgiAg
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AG
Kemp standing supporting the constitution and rule of law again rather than Orange Man.

SockStilkings
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And people try and tell me Kemp is a "true Republican" and "conservative" when he fully endorses and supports Fani Willis.

Is he banging Stacy Abrams too?

Not sure what more proof people need that Kemp is a blow with the wind politician with a heavy favor to the Dem party. I can only assume this is because he thinks he can be a uni-party candidate with an R label down the road.
GeorgiAg
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F16: If you don't support Orange Man no matter what he does, you are a RINO/lib. This guy is a lib?

aggiehawg
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GeorgiAg said:

Kemp standing supporting the constitution and rule of law again rather than Orange Man.


Why are Kemp and Raffensperger turning a blind eye to the problems with Dominion tht even the federal government agency CISA, has issued an alert?
Ellis Wyatt
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SockStilkings said:

And people try and tell me Kemp is a "true Republican" and "conservative" when he fully endorses and supports Fani Willis.
He's a complete fraud. He is a threat to our democracy.
SockStilkings
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GeorgiAg said:

F16: If you don't support Orange Man no matter what he does, you are a RINO/lib. This guy is a lib?


What a poor take. He is a lib for ignoring voting fraud in his state and endorsing a deranged ultra lib DA in Fulton County who is abusing her office to "get Trump".

Its you wearing the blinders, not everyone else.
Im Gipper
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jt2hunt said:

I'm suggesting will see in the end if he ends up garnering 3/5 of each chamber
Looks like he has not even gotten a single other person to sign on to this.

But let's blame Kemp.

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jt2hunt
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AG
Of course you voted for a brain dead grifter.
jt2hunt
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AG
Who is blaming Kemp?
Im Gipper
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The posters mad that he isn't calling a special session. Guess what? The legislature doesn't want one!

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damiond
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not true
Im Gipper
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damiond said:

not true

That is the 1 person calling for it. He has not gotten anyone else to sign off on this.

You likely knew that, but continuing the parody account bit.

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No Spin Ag
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aggiehawg said:

According to NBC News, Biden received over 90,000 more votes for President than Stacey Abrams did in 2020 in...wait for wait for it...Fulton County?

Biden results

Abrams results

Seems odd to me.


Couldn't those additional votes for Biden that Stacy didn't get were republicans voting against Trump, who still voted for other republicans, most of whom won their races?
There are in fact two things, science and opinion; the former begets knowledge, the later ignorance. Hippocrates
Slicer97
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AG
GeorgiAg said:

F16: If you don't support Orange Man no matter what he does, you are a RINO/lib. This guy is a lib?


Sitting with your shotgun in your lap doesn't make you a conservative. I mean, you voted for Biden and I bet you own at least one shotgun.
TXAggie2011
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aggiehawg said:

According to NBC News, Biden received over 90,000 more votes for President than Stacey Abrams did in 2020 in...wait for wait for it...Fulton County?

Biden results

Abrams results

Seems odd to me.


There is nothing odd about substantially higher turnout in a Presidential election over a midterm election.

It is American tradition to not vote in midterms
GeorgiAg
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Slicer97 said:

GeorgiAg said:

F16: If you don't support Orange Man no matter what he does, you are a RINO/lib. This guy is a lib?


Sitting with your shotgun in your lap doesn't make you a conservative. I mean, you voted for Biden and I bet you own at least one shotgun.
I have several including the Kel Tec KSG 25 that holds 25 12 gauge shells.
TXAggie2011
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Im Gipper said:

Taking those enumerated points alone, it certainly would be a misrepresentation. However, the body of the motion sets forth the law and explains what the cases say.

For example, on the first item regarding 10 days notice, the remedy is to ask for a continuance of the trial. The defendant cannot say "no continuance" and still have that information excluded.

I give it 2 Pinocchios.
Yeah. I've read some of the cited cases (most of them aren't long) and Willis is correctly saying that when the defendant requests a speedy trial, the deadlines are essentially meaningless and its up to the defense to argue another reason why they need more time or evidence should be excluded.

For example, in the first case, the defendant got discovery material 6 days before trial and Georgia's top court said that's OK given the content and context of the material.

In the last case cited, Georgia's top court said "noncompliance with Rule 32.1 must be judged by the circumstances of each case. Here, the trial court was attempting to comply with the demand for trial, and the only way to do so was by deviating from the notice requirement of USCR 32.1. In these circumstances, we cannot say that the trial court clearly erred in finding a waiver of the demand."

Basically, if you want a speedy trial, the court might need to and is allowed to deviate from the statutory deadlines in order to meet the demand.
aggiehawg
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AG
Speedy trial demand or not, prosecution still has to turn over Brady and Giglio materials to the defense.
 
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