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It’s indictment time again….

This is the crux no? The advice that Hunstman, Giuliani and Powell were giving him was completely contrary to that of most of the people in his administration and state officials.

How can you criminalize a client following poor legal advice?

More over. How can you criminalize Giuliani and Powell forwarding spurious legal theories? Isn’t the process by which you combat that by offering valid legal theories and facts? Which is what happened. In every state.

Is there anywhere in the indictment where Giuliani, Powell or Trump admit to knowing better? I haven’t seen it.

They have Trump in a box. To defend his intent and speak to his state of mind he will almost certainly have to take the stand and disavow his council. Clever.

SCOTUS almost certainly overturns this on appeal. Smith will struggle to prove intent of all he has is “Pence told him this”, “Barr told him that”
Actually, the indictment includes reference to Trump himself making comments that suggest he didn't really believe what he was spouting. His behavior (specifically the timing) is also suggestive of him not truly believing it.

However, that is a matter of fact, to be determined by the jury at trial.
 
I am not defending Trump. No one should be above the law. It’s obvious there’s different rules for different people.
Yes. Rich people are used to doing what they want with no regard for the law.

We'll see if Trump has a defense.
 
This is the crux no? The advice that Hunstman, Giuliani and Powell were giving him was completely contrary to that of most of the people in his administration and state officials.

How can you criminalize a client following poor legal advice?

More over. How can you criminalize Giuliani and Powell forwarding spurious legal theories? Isn’t the process by which you combat that by offering valid legal theories and facts? Which is what happened. In every state.

Is there anywhere in the indictment where Giuliani, Powell or Trump admit to knowing better? I haven’t seen it.

They have Trump in a box. To defend his intent and speak to his state of mind he will almost certainly have to take the stand and disavow his council. Clever.

SCOTUS almost certainly overturns this on appeal. Smith will struggle to prove intent of all he has is “Pence told him this”, “Barr told him that”
I agree Trump would probably have to take the stand. The indictment quotes Trump saying things like "Let's save this for the next guy."
 
It’s funny when you throw out allegations that prove you’re wrong. Orange this and orange. I didn’t twist anyone’s words. You just didn’t like how you would need to respond. Therefore, you took your ball and went home.

Go back to looking for Ordy.
I don’t need to look for Ordy, he finds me wherever I am
Welcome to ignore
 
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No, there are different rules for different situations. The rules that apply to Congressmen speaking in Congress are different from the rules for non-members of Congress seeking to obstruct the performance of Constitutionally-mandated Congressional duties.
For the Bidens there are different rules for tax fraud and gun violations.

I guess there’s a new get out of jail card for millions in tax fraud. I am a druggie.
 
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Which is what happened. In every state.
Several states, somehow, changed their voting laws to accept votes that had not been of an approved process by the state legislature, but their State constitution required, and subsequent legislation has been enacted to FIX THAT SHTUFF. There are at lease a few states, that per their own laws, submitted votes that were obviously illegal. Right?
 
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For the Bidens there are different rules for tax fraud and gun violations.

I guess there’s a new get out of jail card for millions in tax fraud. I am a druggie.
Can you just stay in one place? You dance from Schiff to Biden? Please respond to what I said about the difference between Schiff and Trump before you move on to the Bidens (yet again).
 
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Several states, somehow, changed their voting laws to accept votes that had not been of an approved process by the state legislature, but their State constitution required, and subsequent legislation has been enacted to FIX THAT SHTUFF. There are at lease a few states, that per their own laws, submitted votes that were obviously illegal. Right?
Joe. No. There is no evidence at all that any appreciable illegal votes were counted.
 
Actually, the indictment includes reference to Trump himself making comments that suggest he didn't really believe what he was spouting. His behavior (specifically the timing) is also suggestive of him not truly believing it.

However, that is a matter of fact, to be determined by the jury at trial.
Could you elaborate on the specific operation of the advice of counsel defense? I assume Trump may claim his lawyers told him that what he did was OK.

The below article says, "Pleading an "advice of counsel" defense normally waives privilege protection for the client's communications with any lawyers providing advice on the pertinent matter, and usually also extends to the client's communication of facts to such lawyers that preceded the advice."


This sounds a lot like (1) Trump himself would have to raise it, (2) all attorney client privilege is waived for all lawyers providing advice to Trump on that point (not just the wackos), and (3) Trump himself might have to testify about "the client's communication of facts to such lawyers that preceded the advice."

Is that how it works?
 
Could you elaborate on the specific operation of the advice of counsel defense? I assume Trump may claim his lawyers told him that what he did was OK.

The below article says, "Pleading an "advice of counsel" defense normally waives privilege protection for the client's communications with any lawyers providing advice on the pertinent matter, and usually also extends to the client's communication of facts to such lawyers that preceded the advice."


This sounds a lot like (1) Trump himself would have to raise it, (2) all attorney client privilege is waived for all lawyers providing advice to Trump on that point (not just the wackos), and (3) Trump himself might have to testify about "the client's communication of facts to such lawyers that preceded the advice."

Is that how it works?
Good question. I don't think there is a nationwide standard for this defense, so we'd have to look at the precedent in the various jurisdictions where Trump might raise it, but generally, courts have construed it rather narrowly in a criminal context, limiting the types of crimes where it might be raised to those where a genuine question as to competing rights might exist in the mind of the defendant. For example, if a defendant was going through an ugly divorce, and stole "his" car from his wife's driveway, he might be able to raise the defense if his lawyer advised him that the car was his as a matter of law. However, a defendant would not be allowed to raise the defense in case of, say, battery, no matter how many lawyers he could line up who told him that he absolutely had a legal right to beat that guy's ass.

As for its implications regarding waiver of privilege, I think the link you provided has it right, but, again, it might vary from jurisdiction to jurisdiction. If that is the rule applicable here, it would definitely hurt Trump's defense if he had a few lawyers giving him bad advice, and several other lawyers giving him good advice, and he ignored the good advice for the bad advice.

Edit: It seems the "good faith" part of the defense is judged by the "reasonable person" standard, so a jury might simply reject the defense on the grounds that no reasonable person would follow the advice in question.
 
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Joe. No. There is no evidence at all that any appreciable illegal votes were counted.
"Those" states constitutions say, "you must do xyz to change the voting rules", and then "XYZ" was NOT done when they changed the voting laws.
Tel me in what military manual that is says that you can do things out side of your regs and its.... well it'll be ok, probably, so go ahead.
If you want to do A, do B before, ... AH eff it I am not doing B. NO. Well unless you are a DC Lawyer I guess.... Without B they are all illegal (but doesn't mean people would have voted differently if B would have been done).
 
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"Those" states constitutions say, "you must do xyz to change the voting rules", and then "XYZ" was NOT done when they changed the voting laws.
Tel me in what military manual that is says that you can do things out side of your regs and its.... well it'll be ok, probably, so go ahead.
If you want to do A, do B before, ... AH eff it I am not doing B. NO. Well unless you are a DC Lawyer I guess.... Without B they are all illegal (but doesn't mean people would have voted differently if B would have been done).
Even if various states violated the law in changing voting procedures, that doesn't make the votes themselves invalid. If eligible voters followed the procedures in place at the time they voted, then their votes are valid.
 
Even if various states violated the law in changing voting procedures, that doesn't make the votes themselves invalid. If eligible voters followed the procedures in place at the time they voted, then their votes are valid.
That makes sense. Doesn't make the new procedures legal though, right? How many votes were cast with the "new" illegal process? What is ever allowed to be investigated and publicly published?
 
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"Those" states constitutions say, "you must do xyz to change the voting rules", and then "XYZ" was NOT done when they changed the voting laws.
Tel me in what military manual that is says that you can do things out side of your regs and its.... well it'll be ok, probably, so go ahead.
If you want to do A, do B before, ... AH eff it I am not doing B. NO. Well unless you are a DC Lawyer I guess.... Without B they are all illegal (but doesn't mean people would have voted differently if B would have been done).
And do you have any evidence at all that votes were changed in a way that altered the results? I think not. I’ve voted absentee since 1986, by the way. I continued to vote by mail in Ohio after I retired. This was pro-Republican before Trump. He’s killing the Republican Party.
 
That makes sense. Doesn't make the new procedures legal though, right? How many votes were cast with the "new" illegal process? What is ever allowed to be investigated and publicly published?
Beats me. I don't really care that much. My point is simply that the elections themselves were still valid. So even if you make the case that State X screwed the pooch and shit all over their own constitution, that still doesn't change any result at all.
 
It’s funny when you throw out allegations that prove you’re wrong. Orange this and orange. I didn’t twist anyone’s words. You just didn’t like how you would need to respond. Therefore, you took your ball and went home.

Go back to looking for Ordy.
You're no Trumpster, but Court sees any rational explanation of the case as a defense for him.

There are several like him on the board, and it makes it impossible to have a reasonable discussion about it.

It's sad that supposed college graduates have to act like that.
 
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And do you have any evidence at all that votes were changed in a way that altered the results? I think not. I’ve voted absentee since 1986, by the way. I continued to vote by mail in Ohio after I retired. This was pro-Republican before Trump. He’s killing the Republican Party.
I saw you post before you changed it. I'm headed back to Indiana Friday. You free Sat or Sunday? I looked and I think that little airport east of Xienia (Green county?) looks like a good place to fly into.
"Changed votes" is a goal post move and totally outside of the point. Was the procedure followed per the constitution, or was it not? I know the answer and that is the ONLY question.
 
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Several states, somehow, changed their voting laws to accept votes that had not been of an approved process by the state legislature, but their State constitution required, and subsequent legislation has been enacted to FIX THAT SHTUFF. There are at lease a few states, that per their own laws, submitted votes that were obviously illegppal. Right?
Even the indictment says that 'elections aren't perfect'. Well, no shit.

That statement right there should skupper the prosecutions argument.
 
I saw you post before you changed it. I'm headed back to Indiana Friday. You free Sat or Sunday? I looked and I think that little airport east of Xienia (Green county?) looks like a good place to fly into.
"Changed votes" is a goal post move and totally outside of the point. Was the procedure followed per the constitution, or was it not? I know the answer and that is the ONLY question.
I’m in Michigan this weekend for the NASCAR race.
 
I saw you post before you changed it. I'm headed back to Indiana Friday. You free Sat or Sunday? I looked and I think that little airport east of Xienia (Green county?) looks like a good place to fly into.
"Changed votes" is a goal post move and totally outside of the point. Was the procedure followed per the constitution, or was it not? I know the answer and that is the ONLY question.
You actually fly as a pilot?
 
Even the indictment says that 'elections aren't perfect'. Well, no shit.

That statement right there should skupper the prosecutions argument.
Biden only wins in a massive turnout election. Some democrats see this as a good thing. The more people voting the better. I don’t.

I think 2024 could be a low turnout election. Who has confidence in either of these jokers, Trump just might win. And shortly die thereafter.
 
Beats me. I don't really care that much. My point is simply that the elections themselves were still valid. So even if you make the case that State X screwed the pooch and shit all over their own constitution, that still doesn't change any result at all.
It doesn't change anything ESPECIALLY if the courts won't allow the evidence to be argued in a public court. We have proven that. Without that we simply don't know. Also I am not saying that it would have or would not have. But the examination was denied during the small window of time that it COULD have made any difference. That only allows for people (Trump) to speculate that it was intentional, and no one can say otherwise. H e was denied his self defense (is that lawyer speak?).
 
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Biden only wins in a massive turnout election. Some democrats see this as a good thing. The more people voting the better. I don’t.

I think 2024 could be a low turnout election. Who has confidence in either of these jokers, Trump just might win. And shortly die thereafter.
His death isn't as likely as Biden's.

This whole talk of people dying..... Putin was supposed to be dead by now, by all accounts. Unhealthy people can live a long time.
 
It doesn't change anything ESPECIALLY if the courts won't allow the evidence to be argued in a public court. We have proven that. Without that we simply don't know. Also I am not saying that it would have or would not have. But the examination was denied during the small window of time that it COULD have made any difference. That only allows for people (Trump) to speculate that it was intentional, and no one can say otherwise. H e was denied his self defense (is that lawyer speak?).
No, what I mean is it doesn't matter, because the election is over. Trump lost, and even if you prove that all these states violated their constitutions, he still lost. There's no mechanism for a do-over, and there's no mechanism to throw out votes that were made by eligible voters according to the procedures put in place at the time, even if those procedures were put in place erroneously. The result is the result. End of story.
 
Once again, I have not invited you. I have no interest in meeting you “, and no interest in hurting an old man like you if you showed up and spoke like you post here.
That's OK. I'd die of laughter if you spoke like you do here anyway.
 
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