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Cairn Horn88

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21 minutes ago, Francisco 2.0 said:

 

 

 

See horn dog's post.

10 minutes ago, atomheartbevo said:

 

Basically, Trump isn't somebody like Mitch McConnell who is concerned with legacy and lasting GOP policies, he's concerned with himself in the here and now, and gives no fucks what happens to the GOP after he's gone, because in Trump's eyes, he IS the GOP.

And he's right.  There IS NO PARTY WITHOUT HIM NOW.

2 minutes ago, Horn Dog said:

If she needs the cash she can always go onlyfans route.

Go further.  She chose to be a whore years ago.  Own your choice.  You chose to fuck over the American people and our constitutional republic for fame, glory, or whatever.  We've established that you'll fuck in exchange for value.  So, own it.  You worthless, spineless, contemptible glob that claims to be a human female.  You aren't worthy of the dignity afforded a scavenger living in a trash heap.  They at least earn an honest living.

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29 minutes ago, Francisco 2.0 said:

Meadows counsel has gone public with the moving to federal court defense:

 

 

 

 

 

Meadows may have a better case for removal than Trump, because all of the things he engaged in were well within the ordinary duties of his federal position.  If he is a federal officer.

But, as I think gator posted, the idea here is to protect federal officials from undue interference from states, much like sovereign immunity and related concepts.  I think he even quoted a case that a federal court needs to evaluate and apply an immunity claim, which is what underlies these things.

These motherfuckers are out of office.  I'm not sure there's any interest anymore in protecting their federal sovereignty.  I suppose that you could argue that not giving them immunity for their acts in office once they're out of office chills their ability to carry out their duties, but  . . . . .

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8 minutes ago, TwiceHorn said:

Meadows may have a better case for removal than Trump, because all of the things he engaged in were well within the ordinary duties of his federal position

Were they thought? Is it within the duties of the chief of staff to POTUS to try and interfere in Georgia election procedures?

Edited by Js1
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5 hours ago, BamaATL said:

And so it begins, your new voice for the Republican Party is emerging, Brian Kemp.  Don't be fooled, he's a dangerous right wing lunatic in his own right, who will push insane backwards legislation.  He is not a moderate of any type, and just because someone does something right once in their life doesn't mean it indicates anything beyond that.  

Yeah, he's more than happy to let Fani Willis help take down Trump, because it clears the way for him to Get Shit Done, something that he probably wouldn't have been able to do with another Trump administration (especially with Trump hating Kemp).  He and Geoff Duncan will be working to flip Georgia's Senate seats (Duncan by running for one of them), and he will be trying to weaken the Democrats in Georgia any way he can.

Right now he and Fani Willis both want Trump taken down, but with Trump out of the way, and with DeSantis floundering, Kemp probably sees an opening.  His only obstacle is Trump trying to destroy him.

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49 minutes ago, Francisco 2.0 said:

Meadows counsel has gone public with the moving to federal court defense:

 

 

 

 

 

Meadows must be the biggest fucking idiot on the planet.  It's pretty clear he turned state's evidence in the Federal case(s), but apparently he refused in the state case.  Good work.  

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6 hours ago, Brisketexan said:

You remember when you called me not long after the 2016 election, and asked me why I thought things were so bad?

You thought (not unreasonably) that I was overstating the negatives.

Turns out we were both wrong, and I was WAY understating them at that time.

What a fucking timeline.

 

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5 minutes ago, jimmyjazz said:

Bijan Robinson, Jury Foreman.

For the betterment of the young man, who seems like a great kid, hope he gets traded.  He deserves better than the pit of despair which is the Falcons.  For that matter, that generally includes every decent human.  

Actually, making the RICO 19 have to watch the all the Falcons games ever played while serving out there terms on repeat would be fitting.  Stupid futility on top of stupid futility.  As kind of a cherry on top, one of our crowning moments includes an arrest, so yeah.  

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1 hour ago, Longhorn94 said:

I like how defense counsel thinks they will get a better shake in federal court. Good luck with that!

I think the play is to get pardoned at the federal level.

Also, I like how everyone is just assuming that if dotard tried to pardon himself that it would work.  A president cannot pardon themselves.  They just cannot.  If that works, then all of reason and logic is thrown out the window and it's Thunderdome.  Didn't mean to light the Brisket signal, sorry.

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First - over under on how many days until the “I hate Riggers” tshirts start outselling “Let’s Go Brandon”?

Second - I should know this, but can you remove a criminal case to Federal Court?  Is the argument “if I committed a crime I broke Federal law too and that supersedes”?  These are Georgia statutes. 

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2 minutes ago, A-Tex Devil said:

First - over under on how many days until the “I hate Riggers” tshirts start outselling “Let’s Go Brandon”?

Second - I should know this, but can you remove a criminal case to Federal Court?  Is the argument “if I committed a crime I broke Federal law too and that supersedes”?  These are Georgia statutes. 

No, the argument is "the acts that form the basis of my state law charges were committed in the course of me performing my duties under federal law."  E.g., if the POTUS was actually performing a duty of the office -- say, engaging in treaty discussions with a foreign leader -- then even if those allegedly broke GA state law, the case would need to go to federal court.  That law exists because way back when, racist states like Mississippi might try to bring criminal charges against, say, some white meddlin' FBI agents down there riling up the negroes.  Fuck that.  If that case is brought, it GTFO of Mississippi courts, and goes to Fed court.  Where the G-man would be dismissed as a defendant, because Mississippi's charges were bullshit.  But, in the event that they charges AREN'T bullshit....they get tried in Fed court.

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29 minutes ago, Js1 said:

Were they thought? Is it within the duties of the chief of staff to POTUS to try and interfere in Georgia election procedures?

For purposes of that analysis, you ignore whether they were criminal or not and just look at whether the acts are "for or relating to any act under color of such office."

Because this isn't a defense to the crime, it just examines whether a federal court is the proper forum to try that crime.

Edited by TwiceHorn
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5 minutes ago, longhornmatt said:

Counterpoint - can you imagine the official duties of people in the Trump White House?

Prosecutor: What official duties would you perform in the Trump Administration on a typical day?

Co-Conspirator: My daily duties primarily consisted of making fake Time Magazine Person of the Year covers and framing them in the Oval Office.  I also was in charge of ghostwriting some of the President’s Twitter posts, but only the ones when he would talk about Kanye.

Prosecutor: And what was your official title?

Co-Conspirator: I was the Attorney General. 

That....is both beautifully hilarious, and a horrifyingly accurate statement of how shit was done in the Trump admin.

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19 minutes ago, Biff Tannen said:

I think the play is to get pardoned at the federal level.

Also, I like how everyone is just assuming that if dotard tried to pardon himself that it would work.  A president cannot pardon themselves.  They just cannot.  If that works, then all of reason and logic is thrown out the window and it's Thunderdome.  Didn't mean to light the Brisket signal, sorry.

And, also a broader jury pool.  In Manhattan, they draw only from NY County, SD NY includes New York, Bronx, Westchester, Rockland, Putnam, Orange, Dutchess, and Sullivan and draws jurors from those counties.

Same too with ND Georgia.

Also, nothing written stops a POTUS from pardoning himself, you have to look at the structure of the Constitution.  And one thing about that is, the framers assumed the pardon power would be largely constrained politically (vote) and by impeachment.  Obviously, the Framers never envisioned the simulation.

In any reasonable world, a president that pardoned himself would be immediately impeached and convicted.

Edited by TwiceHorn
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7 minutes ago, Brisketexan said:

No, the argument is "the acts that form the basis of my state law charges were committed in the course of me performing my duties under federal law."  E.g., if the POTUS was actually performing a duty of the office -- say, engaging in treaty discussions with a foreign leader -- then even if those allegedly broke GA state law, the case would need to go to federal court.  That law exists because way back when, racist states like Mississippi might try to bring criminal charges against, say, some white meddlin' FBI agents down there riling up the negroes.  Fuck that.  If that case is brought, it GTFO of Mississippi courts, and goes to Fed court.  Where the G-man would be dismissed as a defendant, because Mississippi's charges were bullshit.  But, in the event that they charges AREN'T bullshit....they get tried in Fed court.

Got it.  But is that truly a removal?  Would federal court decide on Georgia law in that instance?  Or is it a procedural play?   If it’s the former, then can they really still be pardoned given it’s still a state crime?  I am a dumb corporate fake lawyer  that only foggily remembers procedure from the Bar and Mullenix.  

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11 minutes ago, A-Tex Devil said:

Got it.  But is that truly a removal?  Would federal court decide on Georgia law in that instance?  Or is it a procedural play?   If it’s the former, then can they really still be pardoned given it’s still a state crime?  I am a dumb corporate fake lawyer  that only foggily remembers procedure from the Bar and Mullenix.  

I've done a number of federal question removals, remands, even a diversity or two over the years and thought myself pretty familiar with that chapter of 28 USC.

But this one completely escaped my attention.

https://www.law.cornell.edu/uscode/text/28/1442

The procedural details seem really fuzzy, so I have no idea.  But I'd kind of guess because even though it is tried in a federal court and judgment of conviction entered by a federal judge/court, it would still be a violation of state law, subject only to pardon according to that state's law.

One of the problems here is that in the usual case, the federal official has some kind of immunity defense.  They successfully remove it to federal court, plead the immunity, and game over, so it never reaches a trial or conviction stage.

Edited by TwiceHorn
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43 minutes ago, Francisco 2.0 said:

 

 

32 minutes ago, tx 3 putt said:

im sure his pm’s were full of encouraging words 

14 minutes ago, Bozo_Casanova said:

I wonder how many of them were boob and vag pics, and how he responded.

For a guy who doesn't do computers and email, I'm willing to bet that he drove a shit-ton of communication, official and otherwise, through twitter's DMs and through text messages.

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2 minutes ago, atomheartbevo said:

 

For a guy who doesn't do computers and email, I'm willing to bet that he drove a shit-ton of communication, official and otherwise, through twitter's DMs and through text messages.

Yeah Roy Cohn wasn't alive to warn him about dms and hes too stupid to figure it out for himself. 

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I've done a number of federal question removals, remands, even a diversity or two over the years and thought myself pretty familiar with that chapter of 28 USC.
But this one completely escaped my attention.
https://www.law.cornell.edu/uscode/text/28/1442
The procedural details seem really fuzzy, so I have no idea.  But I'd kind of guess because even though it is tried in a federal court and judgment of conviction entered by a federal judge/court, it would still be a violation of state law, subject only to pardon according to that state's law.
One of the problems here is that in the usual case, the federal official has some kind of immunity defense.  They successfully remove it to federal court, plead the immunity, and game over, so it never reaches a trial or conviction stage.

That’s exactly what happened with the Austin cop who was acting in his capacity as a member of a federal task force. It was actually a very creative and clever gambit by his defense attorney - it fit the case, and it worked.
HILL STREET BLUES!

The judges also would have accepted NAKED AND AFRAID!
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