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tomder55 · May 30, 2024, 11:56 PM

That is supposed to be the gold standard of justice .

Simply put, proof beyond a reasonable doubt is the main burden of proof in criminal cases. To convict you of a crime, a prosecutor must prove your guilt beyond a reasonable doubt. This burden means they must show no other plausible explanation for the evidence it presents at trial.
“Beyond a reasonable doubt” is the standard of proof for criminal prosecutions in state and federal courts. In other words, a prosecutor must demonstrate someone's guilt beyond a reasonable doubt to convict them of a criminal offense.

What is Proof Beyond a Reasonable Doubt? (egattorneys.com)

The jury specifically asked Judge Merchan to restate again a specific part of his comments before reading his 50+pages of instructions to them before deliberating in the Trump "hush money "trial .

“For example, suppose you go to bed one night when it is not raining and when you wake up in the morning, you look out your window; you do not see rain, but you see that the street and sidewalk are wet, and that people are wearing raincoats and carrying umbrellas. Under those circumstances, it may be reasonable to infer, that is conclude, that it rained during the night. In other words, the fact of it having rained while you were asleep is an inference that might be drawn from the proven facts of the presence of the water on the street and sidewalk, and people in raincoats and carrying umbrellas.”

In other words ;Trump's intent to commit a crime doesn't need to be proven beyond a reasonable doubt ;just inferred .

tomder55 · May 31, 2024, 02:32 AM

I can't imagine starting or running a business; or being in political opposition in New York . Prosecutors get elected on the promise to charge people.

The following is some of the things that we now learned about NY justice

Candidates illegally “influence” elections if they try to hide negative information

Companies shouldn’t classify payments to a lawyer as legal services

NY can bring a prosecution that turns on federal election laws where NY has no jurisdiction .

You can be convicted on an assumption of guilt .

A NY judge can prevent a defense from getting testimony from a key witness.

A NY judge can threaten to strike rebuttal testimony because the judge believes the witness disrespected the judge with facial expressions. The witness was rebutting the testimony of the prosecution's star witness who is a serial perjurer who admitting on the stand of grand theft ;stealing from the defendant's company .

Prosecutor's in NY can frame their case as a referendum on the results of a previous election. Hey if Trump did not pay Daniels to keep quite ;Evita Clinton would've won.

A person can be convicted of a felony for charges that are listed in the books as misdemeanors AFTER the statute of limitations expires .

During a trial a defendant can be denied 6th amendment rights to know what the crime is preventing the defendant from making a defense against the charge. Nobody knew what Trump was being charged with until Trump's defense made their closing argument.

jlisenbe · May 31, 2024, 06:33 AM

Great post. I copied it to Facebook.

tomder55 · Jun 1, 2024, 02:51 AM

Yesterday Clueless Joe gloated

Biden on Trump remarks following guilty verdict: 'Irresponsible' to claim justice system is rigged (youtube.com)

He said it was irresponsible for Trump to say the system is rigged.

Before Trump who was saying the justice system was rigged ?

America’s Broken Criminal Legal System Contributes to Wealth Inequality - Center for American Progress

U.S. Sen. Ed Markey pushes to ban government use of facial recognition technology, says ‘the criminal justice system is already rigged' - masslive.com

How Racism in the Courtroom Produces Wrongful Convictions and Mass Incarceration (naacpldf.org)

Democrats believe we need to overhaul the criminal justice system from top to bottom.

PROTECTING COMMUNITIES AND BUILDING TRUST BY REFORMING OUR CRIMINAL JUSTICE SYSTEM - Democrats

tomder55 · Jun 1, 2024, 01:17 PM

WWhen Joe shuffled away from the presser a reporter asked him to comment on Trump's accusation that Joe was responsible for turning Trump into a political prisoner ......this was Joe's response.

tomder55 · Jun 2, 2024, 03:46 AM

Equal justice under the law

Let's assume that as the prosecution suggests ,that the payments by Cohen to Stormy Daniels could be classified as campaign contributions and that somehow was a campaign finance violation .(it wasn't ) The fact that the reimbursement to Cohen was done in 2017 means that it could not have possibly influenced the result of the 2016 election. There could not have possibly been a conspiracy to impact the election .

So at most it was a campaign finance violation . That was investigated by the FEC and they took a pass on charging Trump or his campaign .

Evita's campaign paid for the Steele dossier and covered it up as a legal payment.
Her campaign was charged $113,000 for the violation by the FEC and that was the extent of her penalty.

Federal campaign watchdog fines DNC, Clinton campaign over dossier spending disclosure - POLITICO

For $130,000 payment to Cohen for the exact same violation (if the FEC found it was a violation ) Trump has 34 felony convictions .

tomder55 · Jun 3, 2024, 03:10 AM

CNN Legal Analyst Eli Honig chimed in on the Trump verdict in NY Magazine

He said the crime Trump was convicted of "falls within the same technical criminal classification as shoplifting a Snapple and a bag of Cheetos from a bodega".
Trump Was Convicted — But Prosecutors Contorted the Law (nymag.com)

Most importantly, the DA’s charges against Trump push the outer boundaries of the law and due process. That’s not on the jury. That’s on the prosecutors who chose to bring the case and the judge who let it play out as it did........

So, to inflate the charges up to the lowest-level felony (Class E, on a scale of Class A through E) — and to electroshock them back to life within the longer felony statute of limitations — the DA alleged that the falsification of business records was committed “with intent to commit another crime.” Here, according to prosecutors, the “another crime” is a New York State election-law violation, which in turn incorporates three separate “unlawful means”: federal campaign crimes, tax crimes, and falsification of still more documents. Inexcusably, the DA refused to specify what those unlawful means actually were — and the judge declined to force them to pony up — until right before closing arguments. So much for the constitutional obligation to provide notice to the defendant of the accusations against him in advance of trial. (This, folks, is what indictments are for.)
In these key respects, the charges against Trump aren’t just unusual. They’re bespoke, seemingly crafted individually for the former president and nobody else.

Lavrentiy Beria, Stalin’s secret police chief is quoted as saying “Show me the man and I’ll find you the crime”.

The Alvin Bragg corollary is 'show me the man and I'll invent the crime.'

tomder55 · Jun 3, 2024, 04:15 AM

Here is another link to the NY Mag article

Prosecutors Got Trump — But They Also Contorted the Law (msn.com)

jlisenbe · Jun 3, 2024, 04:45 AM

An enlightening and yet very disturbing read.