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Grand jury votes to indict Donald Trump

nytimes.com

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Re: Grand jury votes to indict Donald Trump

#412

Earlier quoted context omitted.

> Nearly the entire point of the United States at its founding was that the law should apply to political leaders. I think that's overstated. First of all, it was the Magna Carta which established that the king was not above the law, so in that sense the founding of the United States was more "and we don't need a king". Second, there are frequently legal discussions in the present day as to whether a sitting presiden…

Just to clarify. The King of the UK is above criminal law. The monarch of the UK cannot be arrested or charged with an offence, or be personally involved in criminal proceedings. That is similar to the immunity given to the sitting US President. What is different is that monarch is not really expected to obey the law either. For example, the Prime Minister was fined for illegally not wearing a seatbelt. If the king d…

On the flip side... England did actually arrest, try and convict the King once. Also did the same to an ex-queen, in Lady Jane Grey. After first having un-queened her, which is also a thing that cannot be done.

The thing about Britain's constitutional arrangements is that there are many things which 'can't' be done, which it turns out simply 'aren't' done.

Re: Grand jury votes to indict Donald Trump

#413

Nearly the entire point of the United States at its founding was that the law should apply to political leaders. We are overdue for setting the precedent of a former President being charged with a crime, and we ought to go back and charge a few other former Presidents with crimes while we’re at it.

Just need a mental gut check after reading this comment. Do people not think this is political?

I don’t.

Re: Grand jury votes to indict Donald Trump

#414

Alright let me make the argument why indicting Trump is a horrible idea. It's really not hard to see why, if you have any insight into what the other side thinks: 1. First there are two alternative realities being played in real time in US: This arguably is the first time this has happened in US history (maybe civil war was another time) but two populations have become so isolated that they essentially live in 2 diff…

All of this is political. None of what you said even takes into consideration whether or not a law was broken...

You could have written this exact comment about the political environment if there were live footage of him shooting someone on Fifth Avenue.

Re: Grand jury votes to indict Donald Trump

#415

I know it is campaign finance fraud that is the actual charge, but that fact that of all the possible things they could have charged him with, it's something tied to a sexual act feels so both disappointing and so American. It's likely they can actually get a conviction, so I guess there's that. You can already assume right-wing media will spin this into "Really? All you could get him for was a BJ?" Feels a bit like…

[flagged]

Americans have insurrections all the time. For example, there was an insurrection in Tennessee today. It's an american tradition.

Literally no American is going to stand to have any politician indicted for having passionate voters. This is surprising to many non-americans, but America does not like stifling speech. It's simply a small minority of prominent Americans that are calling for Trump to face any charges for 'inciting an insurrection'.

Re: Grand jury votes to indict Donald Trump

#416

Earlier quoted context omitted.

I'm 100% in support of applying the law to all people. What I don't love is the timing of it. It makes it easily dismissible as political theatre. Wait until after the election.

The vast majority of people understand this is 100% political theater. Some just hope it takes him out of the running from 2024, but the truth is this probably empowers Trump to take 2024. He's always sold him self as the ultimate "Rebel", and a half assed prosecution on something so minor to the grand scheme of things solidifies it. Human Nature 101 which seems to be something hackernews engineers don't understand a…

I think it ensures he’ll be the nominee and also ensures he will lose the general if he doesn’t do a deal in the other indictments to drop out.

Your mistake is thinking a disastrous president that lost re-election somehow understands the modal voter. He doesn’t even understand the modal voter in swing states.

Re: Grand jury votes to indict Donald Trump

#417

Alright let me make the argument why indicting Trump is a horrible idea. It's really not hard to see why, if you have any insight into what the other side thinks: 1. First there are two alternative realities being played in real time in US: This arguably is the first time this has happened in US history (maybe civil war was another time) but two populations have become so isolated that they essentially live in 2 diff…

“We shouldn’t hold politicians accountable for their crimes because their supporters won’t like it” is one of the weirder takes I’ve seen in this thread. Obviously someone’s followers won’t like seeing their hero held accountable for crimes, but having a lot of followers shouldn’t make someone immune from consequences for their crimes. That’s one hell of a slippery slope. > Now if you go ahead and jail the populist l…

I love seeing politicians piss in their pants as much as the next guy. Hopefully the charges aren't politically motivated, but if they are that's where I think things get dicey. The law being applied more strongly and more rigorously if you are a political enemy is both difficult to prove and insidious, and it undermines the democratic process. I have no idea if this is the case with trump, or the prosecution is just a coincidence.

You see this applied elsewhere... for instance police may target black areas. Sure the black people they arrest may actually be committing crime and the arrests may be valid, while still achieving an insidious quality of policing.

Re: Grand jury votes to indict Donald Trump

#418

I've scrolled through the top ~10 or so comments, and none of them, describe or comment on the nature of the charges against Trump. To be fair to the commenters, most stories are vague. The charges relate to hush money payments to Stormy Daniels, but hush money is not a crime. It's also not a crime to have an affair with Stormy Daniels. So the most salacious parts of the story are not what the crime is. My understand…

I'm probably wrong, but google indicates statute of limitations for misdemeanors is only 2 years in New York. Curious how this ties into things, the stormy daniels fiasco is what 5+ years ago? Surely there is a felony charge in there?

I quoted the relevant section in another comment ( https://youtu.be/AAZLOygmR78 ). (late edit - it was https://news.ycombinator.com/item?id=35381723 - not the YouTube link)

The statue of limitations in New York doesn't accumulate when the defendant is outside of the state.

I would be sure to make note of who is suggesting that legal approach. The full opinions of the court in that case can be found https://www.supremecourt.gov/opinions/19pdf/19-635_o7jq.pdf

Re: Grand jury votes to indict Donald Trump

#419

Earlier quoted context omitted.

Just need a mental gut check after reading this comment. Do people not think this is political?

When it comes to Trump, people seem to be blind to the effects of soft power. Trump is beloved by his base in a way no other president in the last 100 years is. The danger of this half-assed prosecution to the republic is fucking enormous, I'm actually scared.

Trump's "base" doesn't particularly matter. They'll continue on in denial/spite regardless of what happens. The damage they themselves can do is limited, as long as we have functioning law enforcement.

The only way we're getting out of the larger situation is for Republicans and independents to realize that Trump is/was just another basic grifter capitalizing on frustration with the system. Just because someone is despised by the people at the country club doesn't mean they're your friend. While we're hungry for reform, this doesn't mean that every type of change is a step in the right direction. And despite the suffocating dynamic, there's actually a damn good reason we've come to expect that politicians should be a bit neutered. Ultimately true conservatism for the American status quo that we've come to take for granted, as much as it pains my past self to write that.

Re: Grand jury votes to indict Donald Trump

#420

I've scrolled through the top ~10 or so comments, and none of them, describe or comment on the nature of the charges against Trump. To be fair to the commenters, most stories are vague. The charges relate to hush money payments to Stormy Daniels, but hush money is not a crime. It's also not a crime to have an affair with Stormy Daniels. So the most salacious parts of the story are not what the crime is. My understand…

> describe or comment on the nature of the charges against Trump. To be fair to the commenters, most stories are vague.

That's because the charges haven't been announced yet. The facts that we know are that a grand jury has voted to indict Donald Trump and has delivered a True Bill to the prosecutors.

The indictment is at this moment sealed. It should be unsealed shortly (speculation was a timeline of tonight/tomorrow, but I could also see it being early next week).

So, it's not known publicly what the specific charges are. Which is why people haven't described them in this thread. They're not yet known.

> most stories are vague.

This is partly because there's not a lot of information, but it's also because the news media needs to pump out an endless amount of content around this story (since it's both historic, and they have a profit incentive to keep people reading/watching), but there's really only a few paragraphs* of information that's currently available or relevant.

> It sounds like they have to prove two separate crimes, and connect them with intention. Intent of course is always hard to prove in court.

The speculated charges (which, again, are speculation, not the known public charges) involve a crime which is, on its own, a misdemeanor. The crime becomes a felony if it was committed with intent to commit another crime.

So, if (and again, this is a big if, since it's not the actual charges, just speculation) the prosecutors are going down that road, they don't actually have to prove two crimes. They have to prove the first crime and intent to commit another crime. They don't actually have to prove the facts of the second crime.

> Intent of course is always hard to prove in court.

Intent is hard to prove, but it's also something that gets proved in court cases frequently. For example, murder is (in almost all states) an intent crime. Prosecutors are still able to charge and convict on murder. So, while an intent element makes a case harder to make, it doesn't by default make it impossible.

For a crime similar to the being speculated about, consider Breaking and Entering. In many states a B&E is only a crime if it's done with the intent to commit another crime (in Washington state, for example, this is "Residential burglary" RCW 9A.52.025†). But if someone is caught breaking into a property at night with a ski mask and a burlap sack, prosecutors won't find it a challenge to demonstrate the requisite intent.

> Overall this seems like a weak case to me.

I think it's really too early to say at this point. I'd at least wait until the indictment is unsealed and released publicly so we can know the actual charges. Once we know the charges, and a summary of the available evidence, we'd be in a much better position to make a claim about the quality of the case.

* There's really only a single sentence of _news_ to report, but there's probably a decent amount of explaining the process that can reasonably happen, since most people aren't familiar with the details of the process.

https://app.leg.wa.gov/rcw/default.aspx?cite=9a.52&full=true...

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