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Pending indictment against Trump in Georgia
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Last: 5 days ago by TXAggie2011
Elton John is filled with more toxic masculinity than most republicans, particularly the concerned ones and those afflicted with permanent Trump related illnesses.
BREAKING: In response to Ken CHESEBRO's speedy trial request, DA Willis has asked for the Trump racketeering trial to begin on *Oct. 23, 2023* https://t.co/QsZkUE8Ntq pic.twitter.com/LYCCwLAon8
— Kyle Cheney (@kyledcheney) August 24, 2023
Yes, yes he is.Im Gipper said:
Is Cheeseboro pushing for a trial by year's end?A little Georgia criminal procedure here: Georgia defendants can make what's called a speedy trial act request, forcing the prosecutor to try them within two grand jury terms, or roughly before the end of the year in this case. https://t.co/NC2owfrvtD
— Joyce Alene (@JoyceWhiteVance) August 23, 2023
Bet Fani didn't see that coming!
BREAKING: In response to Ken CHESEBRO's speedy trial request, DA Willis has asked for the Trump racketeering trial to begin on *Oct. 23, 2023* https://t.co/QsZkUE8Ntq pic.twitter.com/LYCCwLAon8
— Kyle Cheney (@kyledcheney) August 24, 2023
I'm Gipper
Fine. She can try him separately then.
There was no way she would be able to try all 19 in one trial anyway. That was all BS and in contravention of the defendants' due process rights.
People forget but the state has zero right to what they consider a "fair trial." Due process applies to the defendants, not the prosecution.
There was no way she would be able to try all 19 in one trial anyway. That was all BS and in contravention of the defendants' due process rights.
People forget but the state has zero right to what they consider a "fair trial." Due process applies to the defendants, not the prosecution.
She can try them separately, but you know that is not the path she wants!
Smart play by the Cheseboro team.
I'm Gipper
Smart play by the Cheseboro team.
I'm Gipper
Yeah, well it was just dumb of her to even say that knowing the likelihood of it happening was zero.Im Gipper said:
She can try them separately, but you know that is not the path she wants!
Smart play by the Cheseboro team.
What happens if all 19 make the same request, plus separate trials? I think the reactions would certainly provide some entertainment.aggiehawg said:
Fine. She can try him separately then.
There was no way she would be able to try all 19 in one trial anyway. That was all BS and in contravention of the defendants' due process rights.
People forget but the state has zero right to what they consider a "fair trial." Due process applies to the defendants, not the prosecution.
Different defendants will have different defense strategies. But the speedy trial act use can both giveth and taketh away. Exhibit A was the Alex Murdaugh murder trial.VegasAg86 said:What happens if all 19 make the same request, plus separate trials? I think the reactions would certainly provide some entertainment.aggiehawg said:
Fine. She can try him separately then.
There was no way she would be able to try all 19 in one trial anyway. That was all BS and in contravention of the defendants' due process rights.
People forget but the state has zero right to what they consider a "fair trial." Due process applies to the defendants, not the prosecution.
I don't know if this particular Georgia statute on a speedy trial has different provision, or what the law in Georgia is on joint trials for separate cases, but in Texas and Federal Courts, there is no right to a separate trial. The standard in Federal cases is : "if there is a serious risk that a joint trial would compromise a specific trial right of one of the defendants, or prevent the jury from making a reliable judgment about guilt or innocence"Quote:
What happens if all 19 make the same request, plus separate trials?
Zafiro v US, 506 US 534 (1993)
https://www.law.cornell.edu/supct/html/91-6824.ZO.html
Absolutely! And I really hope we get to see it!Quote:
I think the reactions would certainly provide some entertainment.
I'm Gipper
I'm with you.Im Gipper said:I don't know if this particular Georgia statute on a speedy trial has different provision, or what the law in Georgia is on joint trials for separate cases, but in Texas and Federal Courts, there is no right to a separate trial. The standard in Federal cases is : "if there is a serious risk that a joint trial would compromise a specific trial right of one of the defendants, or prevent the jury from making a reliable judgment about guilt or innocence"Quote:
What happens if all 19 make the same request, plus separate trials?
Zafiro v US, 506 US 534 (1993)
https://www.law.cornell.edu/supct/html/91-6824.ZO.htmlAbsolutely! And I really hope we get to see it!Quote:
I think the reactions would certainly provide some entertainment.
I believe Georgia law on severing a trial is:
At the federal level, the starting point is a preference to keep defendants together in one trial absent a compelling reason to split them up. I don't know if Georgia law formally starts there or not, but I imagine it probably does in practical terms, at least.
Quote:
In exercising the court's discretion on a motion to sever, the trial court must consider three factors: (1) whether the number of defendants creates confusion as to the law and evidence to be applied to each; (2) whether a danger exists that evidence admissible against one defendant might be considered against the other notwithstanding instructions to the contrary; and (3) whether the defenses are antagonistic to each other or each other's rights. Robinson v. State, 259 Ga. App. 555, 578 S.E.2d 214 (2003).
At the federal level, the starting point is a preference to keep defendants together in one trial absent a compelling reason to split them up. I don't know if Georgia law formally starts there or not, but I imagine it probably does in practical terms, at least.
Like I said before, fine, try Chesebro alone.
Quote:
A Georgia judge on Thursday scheduled the first trial for a co-defendant of former President Donald Trump for criminally interfering in the state's 2020 election to begin on Oct. 23.
The co-defendant, Kenneth Chesebro, on Wednesday had filed a demand for a speedy trial in the case in Atlanta.
Earlier Thursday, Fulton County District Attorney Fani Willis, responded to that request by asking a a judge to set Oct. 23 as the trial date for Trump, Chesebro, and the other 17 defendants.
But Chesebro, who is an attorney, is the only one of Trump's co-defendants who will stand trial starting that day under the new order issued Thursday by Judge Scott McAfee in Fulton County Superior Court.
McAfee's order lays out an extremely fast timeline for the Chesebro's case before trial.
LINKQuote:
When Willis asked McAfee to set Oct. 23 as the trial date for all defendants, Trump's lawyer quickly replied in court opposing that request. Trump's attorney also said he would seek to sever his case from that of Chesebro.
McAfee's order setting Chesebro's trial was issued as Trump was en route to an Atlanta jail to be booked in the case.
The judge set Chesebro's arraignment for Sept. 9, with the exchange of evidence by prosecutors and his lawyers to be completed by Sept. 20.
What is the significance of all of this?
Not much really. Other than some other posters being flat ass wrong, that is.Hungry Ojos said:
What is the significance of all of this?
Any indictment that long and involving that many defendants has a very small chance of all of them being tried together, mostly for due process reasons and what the prosecution wants be damned.
Chesebro has a right to a speedy trial, if he wants it, boom period, the end. If Willis doesn't like that, dismiss the charges against him.
Who was flat ass wrong? Don't see anyone making any analysis on Georgia law here.
I'm Gipper
I'm Gipper
Is he allowed to share any discovery he gets for his early trial with lawyers for the other defendants?aggiehawg said:Not much really. Other than some other posters being flat ass wrong, that is.Hungry Ojos said:
What is the significance of all of this?
Any indictment that long and involving that many defendants has a very small chance of all of them being tried together, mostly for due process reasons and what the prosecution wants be damned.
Chesebro has a right to a speedy trial, if he wants it, boom period, the end. If Willis doesn't like that, dismiss the charges against him.
Unless under court order not to, yes. But if the trial is televised anyway not sure such an order would make much sense. Co-defendants' team will just record and watch later to see which exhbits are presented and how they are described during laying the foundation for admissibility.
My spidey senses tell me Willis will dismiss the charges against him, right after the expiration date for filing for a right to speedy trial so no one else sees the efficacy and does the same. IIRC, within 30 days of the filing of the indictment. Might be wrong about that under GA law but I think that's the applicable rule.
My spidey senses tell me Willis will dismiss the charges against him, right after the expiration date for filing for a right to speedy trial so no one else sees the efficacy and does the same. IIRC, within 30 days of the filing of the indictment. Might be wrong about that under GA law but I think that's the applicable rule.
My associate has a case with Ray Smith right now.
Here are the mug shots of Donald Trump's seditious, insurrectionist, Republican allies, taken at Fulton County jail, in Atlanta, Georgia. 🔥 pic.twitter.com/tXkWbkL5Yy
— Jen 🇺🇸🏴☠️ (@jerrieskid) August 23, 2023
That one defendant cannot gain a severance of trial by asserting their constitutional right to a speedy trial. They can.Im Gipper said:
Who was flat ass wrong? Don't see anyone making any analysis on Georgia law here.
Getting a severance after waiving the right to a speedy trial is a different inquiry because no fundamental due process rights are in play.
Quote:
That one defendant cannot gain a severance of trial by asserting their constitutional right to a speedy trial. They can.
No one said they couldn't.
As of now, constitutional right to speedy trial isn't even an issue. It's the Georgia statute at play.
I'm Gipper
Citing and linking to the GA severability statute indicated differently to me.Quote:
No one said they couldn't.
As of now, constitutional right to speedy trial isn't even an issue. It's the Georgia statute at play.
And since when does the right to a speedy trial depend on which state one is in? Did you misspeak there?
🚨BREAKING: Fulton County DA Fani Willis regularly questioned election results & used her office to push unfounded election conspiracies.
— Benny Johnson (@bennyjohnson) August 24, 2023
On the eve of Trump’s arrest in Georgia for “challenging” an election — a deep dive into the prosecutor’s history of doing the *same* thing: pic.twitter.com/Ngz9JDVnFc
aggiehawg said:Citing and linking to the GA severability statute indicated differently to me.Quote:
No one said they couldn't.
As of now, constitutional right to speedy trial isn't even an issue. It's the Georgia statute at play.
And since when does the right to a speedy trial depend on which state one is in? Did you misspeak there?
Not sure what you are talking about.
Under Georgia statutory law Chesboro has a right to a trial before the end of two grand jury terms. Which is apparently by the end of this calendar year.
The US Constitution right to speedy trial under Sixth Amendment does not guarantee a trial that quickly.
State can give more protection than US Constitution. That's what it happening here.
I'm Gipper
Hungry Ojos said:will25u said:🚨 #BREAKING: @Jim_Jordan Launches Inquiry into Whether Fulton County DA Fani Willis Coordinated with Federal Officials
— House Judiciary GOP 🇺🇸 (@JudiciaryGOP) August 24, 2023
📍 Read more here: https://t.co/dt9jordxKC pic.twitter.com/jV1x8x3gS5
Oooooooohhhhhhhhhh, an "inquiry" you say?????? That'll show em!
Republicans are feckless, worthless cowards. How can they sit back and watch the left indict and arrest political opponents and do nothing other than send mean letters (that they trip over themselves to post on social media like they're taking action). The entire debate last night should have centered around lawfare and unequal application of justice, Biden's ACTUAL crimes, etc., yet instead, Brett asks a question about UFO's. I don't care what you think about Trump or his team, but this is absolutely unacceptable and I can't see myself lifting a finger to help any of these losers get elected, when they refuse to lift a finger to right this egregious wrong.
100% spot on comment I am just surprised you spent the effort watching the debate.
Oh. I misunderstood what you said then. My bad.Im Gipper said:aggiehawg said:Citing and linking to the GA severability statute indicated differently to me.Quote:
No one said they couldn't.
As of now, constitutional right to speedy trial isn't even an issue. It's the Georgia statute at play.
And since when does the right to a speedy trial depend on which state one is in? Did you misspeak there?
Not sure what you are talking about.
Under Georgia statutory law Chesboro has a right to a trial before the end of two grand jury terms. Which is apparently by the end of this calendar year.
The US Constitution right to speedy trial under Sixth Amendment does not guarantee a trial that quickly.
State can give more protection than US Constitution. That's what it happening here.
President Trump Speaks After Georgia Arrest. pic.twitter.com/QNhRsC8YUI
— intheMatrixxx (@intheMatrixxx) August 25, 2023
Hungry Ojos said:will25u said:🚨 #BREAKING: @Jim_Jordan Launches Inquiry into Whether Fulton County DA Fani Willis Coordinated with Federal Officials
— House Judiciary GOP 🇺🇸 (@JudiciaryGOP) August 24, 2023
📍 Read more here: https://t.co/dt9jordxKC pic.twitter.com/jV1x8x3gS5
Oooooooohhhhhhhhhh, an "inquiry" you say?????? That'll show em!
Republicans are feckless, worthless cowards. How can they sit back and watch the left indict and arrest political opponents and do nothing other than send mean letters (that they trip over themselves to post on social media like they're taking action). The entire debate last night should have centered around lawfare and unequal application of justice, Biden's ACTUAL crimes, etc., yet instead, Brett asks a question about UFO's. I don't care what you think about Trump or his team, but this is absolutely unacceptable and I can't see myself lifting a finger to help any of these losers get elected, when they refuse to lift a finger to right this egregious wrong.
Exactly
Most of the things happening are the Republicans fault!
Their hate for Trump has no limits.
Trump has raised a whopping $7.1 million since his mugshot was released by the Fulton County jail.
— Collin Rugg (@CollinRugg) August 27, 2023
Imagine thinking you finally humiliated Trump and then he immediately raises $7M.
The massive fundraising haul was fueled by mugshot merchandise.
The Trump campaign also set a… pic.twitter.com/Uacpm6VQIy
I don't understand something. Many on here do not want Trump to be the R nomination as they believe it would lead to another D win, but are all upset with all the court proceeding. Wouldn't the easiest path for Trump to be out of the running , that he is leading far and away, is to have him disqualified?
I don't like one party telling the other half of the country who they choose to represent them.
TexasAggie73 said:
I don't understand something. Many on here do not want Trump to be the R nomination as they believe it would lead to another D win, but are all upset with all the court proceeding. Wouldn't the easiest path for Trump to be out of the running , that he is leading far and away, is to have him disqualified?
Yeah….some of us don't like petty tyrants trying to imprison their political rivals. Even if we don't want Trump to be the nominee. Be better
Gee, I don't know, maybe because that is illegal and unconstitutional?TexasAggie73 said:
I don't understand something. Many on here do not want Trump to be the R nomination as they believe it would lead to another D win, but are all upset with all the court proceeding. Wouldn't the easiest path for Trump to be out of the running , that he is leading far and away, is to have him disqualified?
Maybe trust in the court system and the appeal process. This is not like a Russian court. Some here get over dramatic about all this. Again, why not let the court do its work. If the court has the proof that laws were broken, then let them do their work. Let it play out and see what the repeal process goes. If I was DeSantis at this point, it might be my only hope.
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