Government / Judicial Overreach/ Judicial Abuse

November 6, 2024 11:48 am

Daniel Penny labeled ‘the white man’ by prosecutor at racially charged manslaughter trial

During the prosecution’s opening statements on Friday, they asked why Penny, 26, did "not see Mr. [Jordan] Neely's humanity," but questioning a witness Monday he merely became "the white man."

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October 30, 2024 11:51 am

BREAKING: IRS Whistleblowers Involved in Hunter Biden Tax Case Reveal IRS, DOJ, and FBI Knew Laptop “Was Real” Immediately; Claim Prosecutors Demanded They Not Ask Questions About Joe Biden Ahead of 2... View More

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September 6, 2024 11:50 am

BREAKING: DOJ Chief of Public Affairs Admits Trump Indictments Are a Politically Motivated "Perversion of Justice"; Reveals Lawfare Involved in Making Former President a "Convicted Felon" Backfired on... View More

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July 31, 2024 6:09 pm

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Government / Judicial Overreach/ Judicial Abuse

June 24, 2024 2:53 pm

EXCLUSIVE: DOJ’s Kristen Clarke Hit With Criminal Referral, Ethics Complaints for ‘Perjury,’ ‘False Statements’

www.dailysignal.com

Article III Project has filed three ethics complaints and a criminal referral against the Justice Department's Kristen Clarke.

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June 6, 2024 2:34 pm

The FBI just admitted in court that Hunter Biden's laptop is real. Here are 20 minutes of Joe Biden, U.S. intelligence officials, and the American media claiming that Hunter Biden's laptop was "Russ... View More

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Government / Judicial Overreach/ Judicial Abuse

June 1, 2024 4:49 pm

LAWFARE: While judges in New York criminal trials are theoretically supposed to be randomly selected, it is statistically improbable (1 in over 15,000) for Acting Justice Juan Merchan to be assigned a... View More

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Government / Judicial Overreach/ Judicial Abuse

May 31, 2024 1:32 pm

IMPLICATIONS OF CONVICTION From Powerline The trial of Donald Trump on jerry-rigged charges produced the foreordained outcome. Trump was found guilty by a Manhattan jury of 34 felony charges. It co... View MoreIMPLICATIONS OF CONVICTION From Powerline The trial of Donald Trump on jerry-rigged charges produced the foreordained outcome. Trump was found guilty by a Manhattan jury of 34 felony charges. It couldn’t have been otherwise. This was a show trial. It would have been more efficient — it would have saved a day or two in show time — if Judge Merchan had simply directed a verdict of guilt and sent the jury home when the parties’ rested. It would not have been more unconstitutional than having the jury pick from Column A, Column B, or Column C for the “other crime” that was vital to the case. Instead Merchan let the prosecution run wild. He constrained the defense. He all but stripped Trump’s defense to the charge of federal election misconduct to which Michael Cohen had pleaded guilty. He gagged the defendant. He excluded evidence that might have helped the defendant, say with respect to the allegation of misconduct under federal election law. He crafted jury instructions that adopted the show-trial theory of the case. And the jury performed predictably under the circumstances. In this case its role was ministerial. The guilty verdict on each of the 34 charges was for show. The show trial lacked certain elements of the Stalinist show trials of old. Most notably, the defendant did not confess or repent. He has not professed to accept the opinion of his accusers. He may even prevail at some point on appeal after the election. But appeal is irrelevant. As in the show trials of old, the point of the case is political, not legal. Democrats have achieved their immediate political objective. Trump is now a convicted felon. As if to put an exclamation point on this aspect of the case — for dummies — Judge Merchan has scheduled sentencing four days before the Republican convention this coming July. The finality of the verdict on each of the charges yesterday is only seeming. The show’s not over in this show trial. The Democrats are guilty of every sin they attribute to Trump. Election interference — this is how it’s now to be done, with a strong dose of humiliation, a patina of legality, and the threat of incarceration. The threat produces an erotic effect on the Democrats and their media allies, but that is not the point. The point is to take down a political adversary. The point is the electoral effect — the point is political. The Democrats lack confidence in their ability to defeat Trump at the polls. The point of the rigged trial is the rigged election, and not in the “who’s voting” or “who’s counting the votes” departments, although there is that too. The intended audience of the show trial is the few voters who occupy the middle of the road and could go either way in November. If they move them to one or two or three percent to Biden, as seems plausible and even likely, that is the point. This is the Democrats’ objective in the medium term. Intelligent readers can draw a straight line to infer the long-term objective. Every metaphor descriptive of what is happening here falls short of the moment. “Crossing the Rubicon,” “sowing the wind,” and so on, have a remote and clichéd quality that fails to capture what the Democrats have done. In political terms, one might think of Aaron Burr and Alexander Hamilton. But that is too remote as well. One has the sense that Democrats do not fully grasp what they have done. If the Democrats’ show-trial moves only enough voters to swing the election to Biden — a not implausible outcome that is what the case is all about — how can the outcome be acceptable to the many who understand what the Democrats have done. The show-trial bears seeds of alienation, discord, turnabout, and violence. That is the point buried in the clichéd metaphors. That is the implication of the conviction rendered in the show-trial.

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Government / Judicial Overreach/ Judicial Abuse

May 30, 2024 11:34 am

AS WE AWAIT THE VERDICT From Powerline blog. The jury is out in the Democratic Party’s New York prosecution of Donald Trump. We should have a verdict by the weekend. In the meantime, here are some t... View MoreAS WE AWAIT THE VERDICT From Powerline blog. The jury is out in the Democratic Party’s New York prosecution of Donald Trump. We should have a verdict by the weekend. In the meantime, here are some thoughts. This prosecution is a political act, intended to disable Donald Trump and help win the 2024 election for Joe Biden. It is not even in the ballpark of being legitimate law enforcement. I think that most pundits who have commented on the case have given it too much credit. It is an outrage that such a ridiculous prosecution has been brought, and the only things that can explain it are the insane hatred that liberals feel toward Trump and the win-at-all-costs mentality of the Democratic Party. This is often referred to as the “hush money case,” but paying hush money is perfectly legal. Based on press accounts, I wonder whether the jury even understands that there was nothing wrong, legally, with Trump paying Stormy Daniels to keep her mouth shut. The alleged “crime” was characterizing the Trump organization’s payments to Michael Cohen’s law firm, reimbursing Cohen for making the payment to Daniels, as “legal services” in corporate records. This is about as absurd an excuse for a crime as one can imagine. To begin with, it is trivial. Moreover, it is not at all clear that the characterization was wrong. Cohen paid Daniels, and the Trump organization reimbursed Cohen’s firm. Reimbursements of expenses paid by law firms on behalf of their clients are commonly included on bills for “legal services.” So what? But all of that is moot, since filing a false corporate document is a misdemeanor on which the statute of limitation ran long ago. It can be revived as a felony only if the false filing was made in order to cover up another crime. This is where things get truly ridiculous. With the trial now complete, we all should know what the “other crime” was that the Cohen filing supposedly covered up. But the prosecution still hasn’t made up its mind, and Judge Merchan has helped them out by telling the jury that if they agree that Trump was covering up a crime–any crime!–they can find him guilty, even if they don’t agree on what the supposed crime was. That is absurd. More fundamentally, from press accounts, I can’t even tell whether the jury has been instructed on the elements of whatever “other crimes” the prosecution wants to talk about, so that they can at least take a shot at deciding whether Trump violated them. The prosecution has suggested that the allegedly incorrect Cohen invoice was intended to cover up a campaign finance violation, i.e., paying Daniels to keep quiet. Here again, I think that most pundits have given this theory too much credit. In my opinion, it is ridiculously bad. It simply isn’t true that spending your own money–not campaign funds–to discharge a personal liability violates any campaign finance law. The federal government, not New York State, is responsible for enforcing federal campaign finance laws, and it has not asserted a violation here, nor could it. So in legal terms, the Democrats’ prosecution is a joke. That said, what is the jury likely to do with it? I have no idea. I have tried quite a few jury cases, over 100. Some of them were large, involving hundreds of millions of dollars, and got a lot of local publicity. But I never tried a case where passions ran so high, where one party was hated by a large majority of potential jurors, and where political loyalties outweighed everything else. And, of course, my experience is all civil, not criminal. That said, any trial lawyer, civil or criminal, will tell you that the most important thing he does is pick the jury. The number one variable in any case is, who decides it? The Democrats brought this shameful prosecution in New York because they knew they would get an overwhelmingly anti-Trump jury. So we can only hope that on that jury, there are a couple of men or women who not only understand that they are being played for political pawns by the Democratic Party–I suspect that all of the jurors know that–but are willing to stand up against the Democrats’ attempt to turn the United States into a banana republic, whatever the risk to their own personal safety might be. Experience has given me a lot of faith in the basic fairness of juries, although, as I said, I have never tried a case remotely like this one. So I rate the odds of conviction close to even.

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Government / Judicial Overreach/ Judicial Abuse

May 20, 2024 2:38 pm

The Trump Trial Could End Next Week https://www.nationalreview.com/2024/05/the-trump-trial-could-end-next-week/

The Trump Trial Could End Next Week | National Review

www.nationalreview.com

The Trump criminal trial wrapped up for the week with Michael Cohen still on cross-examination. The wild card is Robert Costello, Michael Cohen’s former lawyer.

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