Professor Turley exposes the incredible weakness of the Trump indictment

E

Earl

Well-known member
Professor Turley exposes the incredible weakness of the Trump indictment

Professor Turley exposes the incredible weakness of the Trump indictment

By Thomas Lifson

Professor Jonathan Turley, one of the few brave honest liberals in academia, is far too nice a person to speak with utter contempt in his voice. But the substance of what he has to say about the indictment and pending arrest of former President Donald J. Trump exposes contemptible behavior on the part of the New State justice system. In two brief clips from an interview he did Saturday with Molly Line of Fox News, he exposes the flimsiness of the case against Trump and the illicit origin of the indictment. First, how Trump could end up convicted even though the charges are likely to get thrown out on appeal: (rush transcript via Grabien)
LINE: “I just want to get your thoughts on the motivations of prosecutors may have as we look ahead to what could be a pretty interesting week here in Manhattan.”
TURLEY: “Is the ultimate grave digger indictment. They literally dug up a claim, a theory from 2016. A theory that the Department of Justice decided did not work prosecution. And Bragg’s own predecessor, of course, did not bring this case. It is really something that is really painfully obvious as a political prosecution in my view. It is a very weak case legally. This is a misdemeanor under New York law that they hope to convert into a felony. By essentially prosecuting a federal crime the Justice Department declined to bring. In prosecution. That is going to be a hard thing to sell to some judges. But they might succeed. You cannot pick a better jurisdiction for the judges or juries in New York, obviously. This is the nightmare jury pool for Donald Trump. And he has to take this seriously. This is found to be a class c felony. I think the recommended minimum is a year in jail. There are serious risks here. There are also serious flaws in this indictment. I am not entirely sure Bragg did not run out of time. Think their strong arguments to make the statute of limitations ran on this claim.”
https://www.americanthinker.com/blog...ndictment.html
 
This is an incredible abuse of power by the N.Y.C. DA.

Trump can sue him and I hope he does.

Any trial court in the state may order a party, the party's attorney, or both to pay any reasonable expenses, including attorney's fees, incurred as a result of bad-faith actions or tactics that are frivolous or solely intended to cause unnecessary delay. “Frivolous” is defined as totally and completely without merit or for the sole purpose of harassing an opposing party (Cal. Code of Civil Pro. § 128.5).
 
Everyone, including Turley, forgets this case doesn’t solely rest on the testimony of Cohen. Everyone forgets about Pecker and all the receipts Cohen has.
 
Earl said:
This is an incredible abuse of power by the N.Y.C. DA.

Trump can sue him and I hope he does.

Any trial court in the state may order a party, the party's attorney, or both to pay any reasonable expenses, including attorney's fees, incurred as a result of bad-faith actions or tactics that are frivolous or solely intended to cause unnecessary delay. “Frivolous” is defined as totally and completely without merit or for the sole purpose of harassing an opposing party (Cal. Code of Civil Pro. § 128.5).
Click to expand...

that's not going to work......its a California statute that deals with civil cases......this is a criminal case in New York.....
 
Phantasmal said:
Everyone, including Turley, forgets this case doesn’t solely rest on the testimony of Cohen. Everyone forgets about Pecker and all the receipts Cohen has.
Click to expand...

it rests on Cohen's testimony because its an alleged crime of intent......the intent claimed by the prosecution is absurd on its face........they have to prove to the court that by paying a bill submitted by his attorney for negotiating a non disclosure agreement, Trump intended to commit campaign fraud......this despite the inarguable fact that Trump could have simply given money directly to his own campaign by listing it as his own funding of his campaign.....there is no limit to how much of his own money a candidate can spend on his campaign.....this whole thing is absurd......
 
PostmodernProphet said:
that's not going to work......its a California statute that deals with civil cases......this is a criminal case in New York.....
Click to expand...

N.Y. Comp. Codes R. & Regs. tit. 22 § 130-1.1
Download PDF
Current through Register Vol. 45, No. 11, March 15, 2023
Section 130-1.1 - Costs; sanctions
(a) The court, in its discretion, may award to any party or attorney in any civil action or ***proceeding before the court,*** except where prohibited by law, costs in the form of reimbursement for actual expenses reasonably incurred and reasonable attorney's fees, resulting from frivolous conduct as defined in this Part. In addition to or in lieu of awarding costs, the court, in its discretion may impose financial sanctions upon any party or attorney in a civil action or proceeding who engages in frivolous conduct as defined in this Part, which shall be payable as provided in section 130-1.3 of this Subpart. This Part shall not apply to town or village courts, to proceedings in a small claims part of any court, or to proceedings in the Family Court commenced under article 3, 7 or 8 of the Family Court Act.
 
Earl said:
N.Y. Comp. Codes R. & Regs. tit. 22 § 130-1.1
Download PDF
Current through Register Vol. 45, No. 11, March 15, 2023
Section 130-1.1 - Costs; sanctions
(a) The court, in its discretion, may award to any party or attorney in any civil action or ***proceeding before the court,*** except where prohibited by law, costs in the form of reimbursement for actual expenses reasonably incurred and reasonable attorney's fees, resulting from frivolous conduct as defined in this Part. In addition to or in lieu of awarding costs, the court, in its discretion may impose financial sanctions upon any party or attorney in a civil action or proceeding who engages in frivolous conduct as defined in this Part, which shall be payable as provided in section 130-1.3 of this Subpart. This Part shall not apply to town or village courts, to proceedings in a small claims part of any court, or to proceedings in the Family Court commenced under article 3, 7 or 8 of the Family Court Act.
Click to expand...

sorry again....that has to be read "any civil action or proceeding"......not any civil action or criminal proceeding.......the inclusion of "proceeding" indicates it applies to all hearings, motions, discovery, etc not just the trial.....not that it applies to things other than civil cases.....

there are such things as civil suits against the state for misconduct of prosecuting attorneys, but this statute is not it.......I don't know if NY has such a statute.....

generally states do not allow such things against prosecuting attorneys or judges.....otherwise the court would be inundated because EVERYONE charged with a crime would seek to delay matters by filing suits against judges, prosecutors, police officers, witnesses, bailifs, court clerks, etc just to delay their trial........
 
PostmodernProphet said:
sorry again....that has to be read "any civil action or proceeding"......not any civil action or criminal proceeding.......the inclusion of "proceeding" indicates it applies to all hearings, motions, discovery, etc not just the trial.....not that it applies to things other than civil cases.....

there are such things as civil suits against the state for misconduct of prosecuting attorneys, but this statute is not it.......I don't know if NY has such a statute.....

generally states do not allow such things against prosecuting attorneys or judges.....otherwise the court would be inundated because EVERYONE charged with a crime would seek to delay matters by filing suits against judges, prosecutors, police officers, witnesses, bailifs, court clerks, etc just to delay their trial........
Click to expand...

HOW ARE GRIEVANCES AGAINST ATTORNEYS HANDLED?

In New York State, authority over the conduct of attorneys rests with the Appellate Division of State Supreme Court and the discipline and grievance committees (the “committees”) appointed by that court. The committees are made up of both attorneys and non-attorneys, working with a court-appointed, state financed, full-time professional staff. Each committee investigates the complaints received by it or, in some cases, refers the complaint to a county bar association for resolution. Complaints must be in writing, and if the complaint describes conduct which would be considered improper, if proved, the attorney against whom the complaint is made must respond to the complaint in writing. If the committee determines after investigation that the attorney’s conduct was improper, it can send the attorney a letter of caution, admonition or reprimand, advising him or her of the impropriety of the conduct. These letters are not made public, but are retained as part of the attorney’s record. The complainant is advised if action is taken. In cases of serious misconduct, the committee may refer the matter to court for action. If the court, after a hearing by a disciplinary panel or referee, decides to take disciplinary action against that attorney, the decision customarily is made public.
nysba.org
 
Earl said:
HOW ARE GRIEVANCES AGAINST ATTORNEYS HANDLED?

In New York State, authority over the conduct of attorneys rests with the Appellate Division of State Supreme Court and the discipline and grievance committees (the “committees”) appointed by that court. The committees are made up of both attorneys and non-attorneys, working with a court-appointed, state financed, full-time professional staff. Each committee investigates the complaints received by it or, in some cases, refers the complaint to a county bar association for resolution. Complaints must be in writing, and if the complaint describes conduct which would be considered improper, if proved, the attorney against whom the complaint is made must respond to the complaint in writing. If the committee determines after investigation that the attorney’s conduct was improper, it can send the attorney a letter of caution, admonition or reprimand, advising him or her of the impropriety of the conduct. These letters are not made public, but are retained as part of the attorney’s record. The complainant is advised if action is taken. In cases of serious misconduct, the committee may refer the matter to court for action. If the court, after a hearing by a disciplinary panel or referee, decides to take disciplinary action against that attorney, the decision customarily is made public.
nysba.org
Click to expand...

pretty much the same in every state.....not a process that causes a judgment for damages, however......ultimate result is disbarment.....I'm sure a similar statute was used against Bill Clinton.....
 
LINE: “You talk about time. Why now?”
TURLEY: “Molly, that is the question. Because Bragg himself threw a flag on this play. I mean, he stopped the two prosecutors who were moving toward a trial. They resigned in protest. One of them then wrote a book. In my view, that book was deeply improper and unprofessional. The book was about prosecuting someone who had not been charged, let alone convicted. But it triggered a huge amount of pressure on Bragg. It does appear that it works. He then proceeded to bring this case.”
 
You must log in or register to reply here.
Back
Top