DC Attorney General Karl Racine announced that he was considering arresting Trump and others with inciting the violent invasion of the U.S. Capitol. So, a year later, what ever happened to the prosecution of Donald Trump? jonathanturley.org/2022/01/06/wha…
Racine was not restrained by Republicans and clearly was eager to make the “clear” case for prosecution. The fact is that they were restrained by the Constitution and their dubious claims quietly faded away like so many other “slam dunk” charges highlighted on cable news programs
...The CBS poll shows 80% of Republicans and 69% were Democrats rejecting the characterization of an insurrection in favor of "a protest that went too far." That also show how a jury is likely to view a criminal case...
...It also mirrors how the FBI and DOJ have not found a grand conspiracy for insurrection and charged people largely with less serious crimes of trespass or unlawful entry. jonathanturley.org/2021/08/23/the…
...Finally, it shows how media outlets have become echo chambers with little impact outside of their narrow audience profiles. The drumbeat from Democrats and reporters that this was an insurrection does not appear to have changed the minds of citizens who saw the riot unfold.
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Now Sen. King has joined the move to curtail the filibuster on the same flawed logic that it should not be used when the law is really really important. pressherald.com/2021/12/26/kin… It is like supporting spending caps unless we really really want the money. jonathanturley.org/2021/12/24/wha…
...The move would negate state laws across the country and federalize elections. Those state laws are the result of a democratic process, but would be preempted in the name of democracy...
...The filibuster was designed to force compromise and it is a rule particularly valuable in our age of rage. jonathanturley.org/2021/06/07/an-… Once circumvented, Congress could continue to manipulate state election rules in a see-sawing of different standards...
When you consider these five convictions for Maxwell, this picture becomes more glaring in the total absence of prosecution for the men on the other end of these flights. dailymail.co.uk/news/article-8…
...from the outset, the DOJ seemed eager to scuttle any prosecution of the johns in this sex trafficking scheme with the infamous plea deal for Epstein...
...While the SDNY expressed outrage over the crimes and aggressively pursued Maxwell, that unrelenting effort seemed to stop with Maxwell. There is a long list of male figures on these flights including two former presidents, a prince, and a couple billionaires.
Maxwell's conviction of 5 out of 6 counts will obviously lead to a hefty sentence though it is unlikely to reach a 65 year level. There are aggravating factors to push the guidelines higher but most first offenders would be looking at less than 20 years.
...What is interesting about the case were the risk profiles in the prosecution and the defense. The prosecution minimized the risk of gaps or contradictions in memory by calling only four victims. The defense decided not to call Maxwell to minimize that risk...
...The difference is that the prosecution can generally do with a minimized case when there are victims to testify. I do not blame the defense however. I cannot imagine how Maxwell could stand up to a cross examination given her reprehensible conduct.
Defense counsel Earl Gray is now hitting the prosecutor on her dismissing the testimony of police officers as biased "family members." That is a better point of attack created unnecessarily by Eldridge in framing her closing.
Gray is attacking the state witness on deadly force and noting that he may charge up to 95k while the defense witness does not charge. He is also highlighting the background of the officers dismissed by Eldridge. This is much more effective.
...These are the types of arguments that can hit below the waterline for the prosecution. Again, Eldridge made it worse by attacking the officers as unreliable.
The prosecutor in the Potter case just said this was not some "oopsy." She is offering a detailed account on the elements. The problem is that the element with the least attention: Potter had to "consciously disregard" the risk. That is the distinction with simple negligence.
...Notably, Erin Eldridge seemed to declare the police witnesses as "biased" as "members of the family" of officers. She encouraged the jury to look to witnesses removed from that "family."
It is interesting to hear a prosecutor making the "thin blue line" bias argument against officer testimony. Former Brooklyn Center Police Chief Tim Gannon testified Potter was a "fine officer" and that he would not have fired her without due process.
Eldridge is continuing to drill down as Potter is sobbing that she did not want to hurt anyone. This remains me of the prosecutor in the Rittenhouse trial. The court is now sustaining objections to the prosecutor's questions.
... I think Erin Eldridge lost serious ground in her final examination. The lack of response to the sobbing witness was stark and chilling...
...The irony is that Eldridge was attacking Potter for a lack of concern for anyone else at the scene after she broke down. However, Eldridge was showing the same utter detachment in front of the jury in the face of a sobbing witness.