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Cairn Horn88

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On 5/31/2024 at 9:44 PM, Chewbacca said:
On 5/31/2024 at 5:58 PM, WhatTheBuck said:
Baseless Republican accusations and decades of character assassination didn’t make Hillary a flawed candidate. 

The DNC using Superdelegates to give her the nomination, and her ignoring battleground states is what made her a flawed candidate.

We were going to get a disaster no matter which was elected. The obstructionist, hate-mongering GOP would have made American politics a nightmare. Given a chance, I think should would have been a fine president. Of course, she's undeniably more fit to hold office than what we got. Anybody notice what a bad person Trump is?

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11 minutes ago, C-Man said:

I'm in. What are the parameters? I don't think he'll get jail/prison for any of the 34 counts he's been convicted of -- is that the bet? He's going to appeal this shit for years no matter what anyways. Or are we lumping in even a single hour or day in the event he's given that punishment for violating the gag order or contempt of court? That wasn't necessarily my thought but we can throw that in there if you want. I was disagreeing with @immamac and don't think he'll get time behind bars for the 34 felonies.

Let’s make it any jail time from the 34 or any jail time (in this trial only)for contempt.

Nobody owes anything until after all appeals are exhausted. 

To be clear, if he goes to jail I win.  If he never goes to jail, you win.  If he goes to jail and the order sending him to jail is later reversed on appeal - he still went to jail, but we push. 

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4 hours ago, Horn Under a Bad Sign said:

Multiple witnesses in criminal cases against former President Donald Trump have reportedly received significant financial benefits from his businesses and campaign, including large raises, severance packages, new jobs, and shares and cash from Trump's media company. The timing of these benefits often coincided with critical moments in the legal proceedings, raising concerns about potential witness tampering. Trump's legal team attempted to suppress the story with a cease-and-desist letter to ProPublica, which published the report despite the threat.

https://www.propublica.org/article/donald-trump-criminal-cases-witnesses-financial-benefits

Quote

Boris Epshteyn

Trump campaign adviser

Benefit: Pay more than doubled

Boris Epshteyn

Seriously? It's like the simulation isn't even trying anymore.

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12 minutes ago, VivaNaranja said:

Boris Epshteyn

Seriously? It's like the simulation isn't even trying anymore.

RonBurgundyVoice, "Simulation, are you just looking around the room for words that sound like common Russian first names and famous pedophiles?" 

-What?  I love Cyrillic, okay?  I love Cyrillic.  

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4 hours ago, Horndog said:

Questions for those with criminal or constitutional law expertise:

I assume that SCOTUS would have jurisdiction in a state criminal case only if a constitutional issue is raised, e.g Miranda. 

1. Can a defendant appeal directly to SCOTUS, or does the appeal have to run its course through the state appellate courts first? 

2. Is the alleged constitutional defect waived if it not raised in the trial court and preserved?

3. Were any such claims made by Trump in the trial court? 

  Basically limited to constitutional questions in criminal cases.

1. No.

2.  Yes.  All error must be preserved, including constitutional error, unless such error falls under the limited category of  "structural" error.

3.  I don't recall.  But nothing jumps to mind.  

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8 minutes ago, 4th&Five said:

There is nothing worse than a deep drive across the 50 being stymied by self induced motion/offsides penalties. 

She did get a couple of the assholes to plead guilty, so it will never be a nothing burger.

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4 hours ago, Gatorubet said:

Let’s make it any jail time from the 34 or any jail time (in this trial only)for contempt.

Nobody owes anything until after all appeals are exhausted. 

To be clear, if he goes to jail I win.  If he never goes to jail, you win.  If he goes to jail and the order sending him to jail is later reversed on appeal - he still went to jail, but we push. 

Book it!

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54 minutes ago, Party_Taco said:


What a joke, but the slow walking of all these trials by both state and federal prosecutors set the stage for such a possibility.

We should have been going after these traitors from the jump. The fact that those supporting the insurrection were allowed back into Congress itself is incredibly suspect.

I hope we can somehow avoid disaster, but boy howdy are we cutting it close…

The reality is that the earliest these could have been brought is some time in 2022.  That would have increased the likelihood of trials, but appeals would still remain pending through the election. 

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14 minutes ago, Sawbonz said:

image.png.c3c848debc75392476b84f43c7aa6b3a.png

I get that emotions were running high, and I get that whole mob mentality thing.    But I swear to God, I cannot fathom what was going through her brain when she thought that attacking elected representatives in Congress was a good idea, given the locked doors to keep you out - and the armed security who have their weapons drawn and pointed at you - telling you to stop or they’ll shoot - makes you think,  “Ya know…this might be a really good time to try to bash out the window between us and crawl through it to get to those people.”

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I get that emotions were running high, and I get that whole mob mentality thing.    But I swear to God, I cannot fathom what was going through her brain when she thought that attacking elected representatives in Congress was a good idea, given the locked doors to keep you out - and the armed security who have their weapons drawn and pointed at you - telling you to stop or they’ll shoot - makes you think,  “Ya know…this might be a really good time to try to bash out the window between us and crawl through it to get to those people.”

Well…see…these people are deluded fucking morons of the highest order.
That’s how they end up doing deluded moron things.
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2 minutes ago, Brisketexan said:


Well…see…these people are deluded fucking morons of the highest order.
That’s how they end up doing deluded moron things.

Really makes you wish they'd attended a Jesse Jackson speech beforehand instead. 😉

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30 minutes ago, 1978horn said:


Yep, never busy as all the others around, but people brag about open carrying there….which I’m not sure is legal?

Bragging about drinking alcohol while open carrying is not Big Dick Energy.

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Posted (edited)

Swatting is not cool.  He didn however get paid a visit by TABC that was about to go sideways for the distillery, but then somebody felt bad about all the employees that'd be out of a job, one of whom is neighbors with his cousin out in Belterra.  

Edited by YGIFS
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5 hours ago, Gatorubet said:

I get that emotions were running high, and I get that whole mob mentality thing.    But I swear to God, I cannot fathom what was going through her brain when she thought that attacking elected representatives in Congress was a good idea, given the locked doors to keep you out - and the armed security who have their weapons drawn and pointed at you - telling you to stop or they’ll shoot - makes you think,  “Ya know…this might be a really good time to try to bash out the window between us and crawl through it to get to those people.”

She was in the Air Force, which means she would know there are places you don’t go if you don’t want to get shot - the AF is a little touchy about some things.  But she was also mentally ill so maybe they booted her out.

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11 hours ago, Gatorubet said:

I get that emotions were running high, and I get that whole mob mentality thing.    But I swear to God, I cannot fathom what was going through her brain when she thought that attacking elected representatives in Congress was a good idea, given the locked doors to keep you out - and the armed security who have their weapons drawn and pointed at you - telling you to stop or they’ll shoot - makes you think,  “Ya know…this might be a really good time to try to bash out the window between us and crawl through it to get to those people.”

Probably a 9mm JHP

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51 minutes ago, Pancho said:

 

Reminds me of the Onion 's American Voices features where its the same pictures used with stupid quotes. These faces are actors. Trump voters will still vote for him. Even the ones who say they'll sit this one out are either lying, or they'll change their mind when the "immigrant caravan" and "woke mob" attacks comes out in late October.

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Posted (edited)
On 6/2/2024 at 9:15 AM, TwiceHorn said:

The most fertile ground for appeal, I think, is that jurors were given a choice of "predicate" offenses and were not instructed to agree on which one it was.  See Jury Instructions, starting at page 28.  https://www.nycourts.gov/LegacyPDFS/press/PDFs/People v. DJT Jury Instructions and Charges FINAL 5-23-24.pdf  Specifically:

Although you must conclude unanimously that the defendant conspired to promote or prevent the election of any person to a public office by unlawful means, you need not be unanimous as to what those unlawful means were. In determining whether the defendant conspired to promote or prevent the election of any person to a public office by unlawful means, you may consider the following unlawful means: (1) violations of the Federal Election Campaign Act otherwise known as FECA; (2) the falsification of other business records; or (3) violation of tax laws.

The choice stems from the fact that the actual "another crime" is NEW YORK ELECTION LAW § 17-152, which is as follows:

Any two or more persons who conspire to promote or prevent the election of any person to a public office by unlawful means and which conspiracy is acted upon by one or more of the parties thereto, shall be guilty of a misdemeanor.

The predicates 1, 2, and 3 are unlawful means.  So we have a triple nesting of statutes here.

That could potentially be a legal error that results in remand for a new trial.  It is about the only aspect of the case and jury instructions that wasn't well-settled in NY law, at least as far as I know or can tell from reportage etc.

People are doing a lot of spewing about evidentiary rulings, letting Stormy Daniels and Access Hollywood stuff in, keeping Trump's legal expert out.  I don't think those are going anywhere.

This is a standard unanimity charge instruction for alternative manners and means.  

Here is the offense Trump was convicted of: 

Quote

NY Penal Law sec. 175.10

A person is guilty of falsifying business records in the first degree when he commits the crime of falsifying business records in the second degree, and when his intent to defraud includes an intent to commit another crime or to aid or conceal the commission thereof.

NY Penal Law sec. 175.05

A person is guilty of falsifying business records in the second degree when, with intent to defraud, he:

1. Makes or causes a false entry in the business records of an enterprise;  or

2. Alters, erases, obliterates, deletes, removes or destroys a true entry in the business records of an enterprise;  or

3. Omits to make a true entry in the business records of an enterprise in violation of a duty to do so which he knows to be imposed upon him by law or by the nature of his position;  or

4. Prevents the making of a true entry or causes the omission thereof in the business records of an enterprise.

Falsifying business records in the second degree is a class A misdemeanor.

 

The bolded section is where the alternatives were presented.  In Texas, the instruction given in this situation was proper.  This does not even consider how or whether error was preserved on this issue.  

 

Edited by bejezuz
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“I’m a former Trump voter. I won’t vote for a convicted felon.”***
 
 
****unless Sleepy Jo eats ice cream again

How would a corndog impact your decision?
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