Podcast Summary
Political stunts in Congress: The MAGA Republicans' attempt to ask the Supreme Court to intervene in Trump's New York criminal conviction is a waste of time and resources, lacking any real impact or substance, and an example of Kabuki theater and performative art.
The ongoing attempt by MAGA Republicans in Congress, led by representative Timmons, to ask the United States Supreme Court to intervene in Donald Trump's New York criminal conviction on state business fraud charges, is an unprecedented and inappropriate assault on the criminal justice system and the co-equal branches of government. This resolution, which may pass the MAGA House, is a waste of time and resources, as the Supreme Court does not have the jurisdiction to intervene in a state matter without a federal issue or constitutional principle at stake. It is a political stunt meant to generate press, campaign talking points, and rally support for Trump. The Supreme Court generally avoids political questions and interventions in state court proceedings. This resolution is an example of Kabuki theater and performative art, expressing the sense of the House of Representatives, but lacking any real impact or substance.
Two-tier justice system: The ongoing prosecution of Donald Trump for tax and business record fraud is not a politically motivated 'weaponized prosecution' but a result of a two-tier justice system where resources and political connections can influence outcomes.
The ongoing prosecution of Donald Trump for tax and business record fraud in New York is not a "weaponized prosecution" or "law fair," but rather a result of a two-tier justice system where resources and political connections can influence outcomes. Despite claims to the contrary, Manhattan District Attorney Alvin Bragg did not make a public promise to prosecute Trump during his campaign, and the case against him is not politically motivated or desperate. However, it is worth noting that this case, which has been ongoing for years, is an example of a "zombie case" that refuses to be put to rest. It's important to distinguish between politically charged language and the facts of the situation to maintain a fair and impartial understanding of the legal process.
Trump investigation handoff: The Trump investigation in New York City was not declared dead, but rather passed on from Cyrus Vance to Alvin Bragg, leading to a delay and misinformation.
The investigation into former President Donald Trump for potential financial crimes in New York City did not end with his predecessor, Cyrus Vance, but was passed on to his successor, Alvin Bragg. Contrary to some claims, Vance did not issue a declination of prosecution letter, but instead left the decision to his successor. Bragg, who has since brought several high-profile cases against Trump, has not labeled the investigation a "zombie case," as some have suggested. The delay in the investigation was due to the handoff between Vance and Bragg, and the cases were not previously declined. It's important to clarify these facts to avoid confusion and misinformation.
Conflicts of interest in legal cases: Judges with no known links to conflicts of interest have been found in a high-profile case, despite concerns and past reprimands for campaign donations.
The Manhattan District Attorney's office, led by Alvin Bragg, is known for its elite prosecutors, including Matt Calangelo, who previously worked in the DOJ. Despite concerns about potential conflicts of interest, judges in the case, including Juan Rochon, have been found to have no link to their relationships with their children's political activities and their cases. While some judges have faced reprimands for campaign donations, Judge Mershan received a cautionary letter for a small donation to Joe Biden before the campaign. The case raises significant questions under the First, Fifth, Sixth, and Fourteenth Amendments, but there are no violations. The jury instructions in the case were not constitutionally deficient, and the law in New York allows for a verdict on uncharged crimes if they're in furtherance of general criminality. These are the facts of the case, regardless of political spin.
New York state law and Trump's trial: New York state law allows for non-unanimous jury decisions and the Supreme Court has no authority to intervene in state-level prosecutions of non-federal and non-constitutional crimes, despite Trump's attempts to interfere through lawsuits and resolutions.
The New York state law allows for a non-unanimous decision by jurors in criminal cases, and the recent conviction of former President Donald Trump in New York for business crimes did not violate his right to a fair trial despite the involvement of a discredited witness. The Supreme Court does not have the authority to intervene in state-level prosecutions for non-federal and non-constitutional crimes based on a resolution passed by Congress. The ongoing efforts by Trump and his allies to interfere with the New York state prosecutions and appeals through lawsuits and resolutions are likely to continue.