GOP voters leary of DOJ’s fairness, motivation

“To claim that these actions were taken in the objective interest of the law is laughable. Where was this interest with the Clintons or Hunter Biden?”

“Nothing in what I read of the indictment changes my mind. I still view this as a partisan effort designed to neutralise Mr Trump in advance of the 2024 elections.”

The Flaw in Trump’s Georgia Indictment

Quote:Why has DA Willis invoked Georgia’s version of the federal Racketeer Influenced and Corrupt Organizations (RICO) Act, which is typically applied to mobsters engaged in the familiar rackets of murder, extortion, trafficking in narcotics and stolen goods, gambling, prostitution and so on? Because there’s a giant hole in her case: the lack of a clear crime to which Trump and his co-defendants can plausibly be said to have agreed.

A conspiracy is an agreement to violate a criminal statute. This takes at least two people.

Moreover, McCarthy explains that “there must be a meeting of the minds about the crime that is the objective of the conspiracy.” If there does not exist an agreement regarding the crime, a conspiracy does not exist.

The constitutional process dictates that Americans cannot be charged with a crime and forced to stand trial unless probable cause exists that a crime has been committed.

Willis is charging Trump with a crime for engaging in a completely legal action (trying to reverse the 2020 election results).

Quote: Even though prosecutors bear the burden of proving the case beyond a reasonable doubt before there can be a conviction, we can easily understand why the defendants have been charged. If they are charged with conspiracy, the indictment will clearly state the crime they allegedly agreed to commit — e.g., drug trafficking, bank robbery, murder, extortion.

That is what’s so strange about DA Willis’s indictment. She alleges that the 19 people named in her indictment are guilty of conspiracy because they agreed to try to keep Donald Trump in power as president — specifically, to “change the outcome of the election in favor of Trump.”

Trying to change an election outcome is legal; the end doesn’t become illegal if pursued by illegal means — instead, those illegal means can be charged as crimes. But there is no conspiracy unless the objective itself is clearly a crime. You don’t see prosecutors alleging, say, that defendants were in a “conspiracy to unlawfully” commit murder or robbery. Murder and robbery are crimes.

If two or more people agree to commit murder or robbery, that is an agreement to commit a crime — a conspiracy. To the contrary, an agreement to try to reverse the result of an election is not an agreement to commit a crime.

RICO conspiracy is an agreement to participate in such an enterprise — to belong to the group and sustain the group so that it continues to generate power and profits.

There was no organized effort and no crime. The fact is that Trump is getting charged by a partisan prosecutor for exercising his constitutional rights.

Meanwhile, there do seem to be RICO crimes with the Biden*s pay-for-play from Russia, Ukraine and China.

The issue is that McCarthy frequently and liberally bounces between a RICO violation analysis and a conspiracy analysis, almost at will, mixing and matching issues willy nittl. Lolz.

I would have expected better from McCarthy.

Much to the opposite of what you cry, no, Trump is *not* being charged for exercising his 1st Amendment rights...... lolz.

(08-20-2023 03:04 PM)tanqtonic Wrote:  

Quote:You don’t see prosecutors alleging, say, that defendants were in a “conspiracy to unlawfully” commit murder or robbery. Murder and robbery are crimes.

Fraud is a crime last I saw.

Keeping up with current events: the powers that be clearly say and have willfully acted as that is no longer the case. What, now you're suggesting they tryin' to have it both ways? Pick one. lolz.

I take it that you think that telling the Vice President to simply reject votes --- that is votes that have been certified by the various state legislatures --- is hunky dory and peachy keen.

Got it.

That is even *after* the issues you note above have been put through numerous lawsuits and courts.

Sounds fun.

You go git em, sparky.....