You can challenge an indictment based on the process in some circumstances. For example in the Georgia case, Trump's lawyers will ask for indictment to be set aside and that a grand jury mistrial be declared because the jury foreman/woman publicly stated on national tv that she went into it with the hope and purpose of getting something on Trump. Thus violating her oath of impartiality and fairness. But the Bragg case, they will accept that the jury has found sufficient fact to present certain charges and then just start whittling away at the charges. First comes, motions for dismissal based on a pantload of legal arguments as to why the charges are not valid on their face. The jury does not decide questions of law. The judge does. And then the appeals court and so on. And then there will be request for a change of venue to try to get the case out of lefty village. Probably won't happen. The law is so clearly in favor of Trump on so many issues that his lawyers are not interested in frigging with the indictment. They are more than happy to just get on with arguing the law before the court and the appeals court. There is the argument that the prosecution knowingly presented some stuff that the prosecution knew to be lies- Michael Cohen- so I guess they could in theory try to get the indictment to be set aside via that route but I doubt that there is anything in it for them. It would not stop anything. It would just mean that they needed to seat a new grand jury and it is pretty easy to get someone indicted again. There is the old lawyer's adage: "When the law is on your side, you argue the law. When the facts are on your side, you argue the facts." In this case the law is on Trump's side- given the way that Bragg seems to have cobbled the charges together- so they want to argue the law. And just take whatever the charges are from the grand jury. Of course- it goes without sayin- we have not actually seen the charges- so some adjustments to thinking and comments will be in order based on what they actually get. Trump showing up for his perp walk with his head down and cowered below. OR NOT
Lots of things are kind of predictable....but.... I do sort of prepare myself for surprises though if the House Committee/s have any luck getting Alvin and company before them. We could be bumping along just watching this stuff playout and then it is revealed via emails subpoenaed or via a whistleblower that Alvin had communications with the DOJ along the way on this. Whoa.. Helmets on from there. Not sayin something like that will happen. Not sayin it won't either. Just sayin that one of the consequences of cases that drag on forever is that other things pop up. Speaking of Stormy and the Playmate though. Even if the court did allow the convoluted charges where the misdemeanor is bumped up to a felony by bundling it with the campaign finance violation (big frigging "if") Alvin would have to prove that there was no other valid reason for Trump to want to suppress the affairs other than for elections purposes. I can't for the life of me see how the hell that can be done. A married man, kids, a public figure even without being a candidate. Lots of reasons. I am guessing that, at a minimum, he did not want Melania to know even if he were not a candidate. But, hey, that's just me. Plus there has not been any allegation that campaign funds were used. Anyway, it's all yours Alvin. Go for it.
I think the legal standard is “if not/but for”, which is not totally exclusionary as “no other valid reason.” Anyways, I want to see the indictment and charges before I start playing Perry Mason. However, this is an election thread and I still do not see any Trump opponents using the indictment to their advantage.
They are playing it to their advantage. It is just that supporting Trump on it is to their advantage. His base and beyond do not want to see them picking on him while he is a victim of a witch hunt. And that is the smart thing to do. Trump will get a bump and a rally-around-Trump boost for a while. The downside is that when that buzz wears off it also contributes to "Trump fatigue" which has set in with many pub voters- and yet there is a longgggggggggggg way to go with this legal stuff. Perhaps I could say: More to come.
In regard to the election, Alvin's little stunt will go on. But while republicans are reacting and all caught up in defending Trump, there needs to be a major effort being put in place to triple or quadruple down on creating and/or discovering legal problems for Camp Biden. Massive amounts of pac type funding need to go into examining issues that need to be explored and uncovered as part of vetting candidate Joe Biden. It should be relentless and far-reaching. We know that there is plenty of material to work with. It is time to take off the gloves with those clowns and expose their entire corrupt existence- top to bottom and in detail. Americans should be given- in detail- plenty of reasons to wonder whether Biden - not just Trump- should or might be in prison instead of in the White House. Get going. Ramp it up on steroids.
Newsom circling around Old Joe like a vulture. I am sure that he has support somewhere east of Sacramento in the country. Just not sure where. Gavin Newsom makes presidential-level moves amid Trump indictment California Gov. Gavin Newsom and his wife will be touring red states over the weekend and into next week, an announcement he made Thursday alongside the launch of a new political action committee aimed at boosting the profile of Democratic candidates in GOP-controlled areas. https://www.sfgate.com/politics/article/newsom-presidential-moves-amid-trump-indictment-17871760.php
California Gov. Gavin Newsom and his wife will be touring red states over the weekend He is just going to visit the people and business that left California....seeing old friends
He tries to say that he is doing that and formed that pac just to help the good ole dem party in the election by building support in red states. But then you read the fine print and it says the pac was formed and funded with funds left over from his last governor's race. Yeah, Newsom is a selfless giver out there working for the good of the party.