May the Gargoyle Be With You - Follow my blog on your site or Google reader

Monday, June 03, 2024

DEAD SEED CAN'T GROW ...I

Okay -- I am NOT a lawyer .... and I only know about law what I've seen on television (Matlock, LA Law, People's Court, Judge Judy, Judge Mathis, CourtTV, etc.) and when it comes to criminal law -- which is what a Felony is - I probably know even less.

But I listen, and I learn, and I think it through ...

And I finally got my DVR to record one of the Sunday news shows I watch (I don't know why it didn't do it this morning but it didn't)

Preet Bhuarara, former US Attorney, Southern district of New York - honest, that is how his name is spelled, I thought maybe they had goofed up "Peter" but nope .... I've never heard of the name "Preet" before, I kinda like it)

any ways ... he was being interviewed on the possible outcome of any appeal Mr. Trump, and his attorneys, might make.

He brought up the fact that "the second crime" - which remember, they never really got into during the trial at all - did NOT have to be found unanimously by the jury.
And he felt this is the strongest problem.

Well yes - because in abe criminal trial the determination of the verdict must be found BEYOND A REASONABLE DOUBT, not just morelikely than not .... that would be in Civil court (like Judge Judy or People's Court) ....
While not murder .... think of it as being tried in the same court as Michael Jackson, or OJ Simpson, or Bill Cosby.

Now it does not surprise me, actually, that New York has played with the "Statute of Limitations" of several crimes when they want to make sure someone they want in jail, can be put away ... such as those against Bill Cosby - many of the SoL had ran out, but NY somehow gave them special dispensation which gave them new life again.

And ... it is not unusual for misdermeanor, white collar crimes (such as bookkeeping errors, tax crimes, etc) to be linked to some other crime which propels them into a felony.
BUT ...
Those misdermeanors still had plenty of "life" left.

Think of a misdermeanor - at least in this case -  as a seed, from which they want to grow a larger crime ....
The seeds life is determined by the Stattute of Limitations ... and like a seed, as long as it falls WITHIN the alloted time, things will be alright.

HOWEVER - there are two issues with these particular "seeds"

1)While they did occur, the SoL had already passed BEFORE they were charged by the State ... this KILLED them

2)Cohen ADMITTED under oath that HE, HIMSELF, and BY HIMSELF, made up & submitted FALSE invoices.

You can not grow plants from dead seed .... and you shouldn't be able to grow a felony from dead misdermeanors either.

Do I think a crime was committed .... yes, stricctly speaking
Do I think Mr. Trump was aware of it at the time .... not so sure
Do I think Cohen lied on the stand to imply Mr. Trump ... oh hell yeah
Do I agree with the verdict .... NO ... the seeds were dead ...

If they want to try again with new, fresh seed -- go for it.

But this one is going to grow a crappy crop for us all.

No comments:

USGS Earthquake Monitor

Buttons, Buttons, We've Got Buttons!

The Current State of the US Stock Market
Visit The Greenhouse The WeatherPixie
Click here to join MonthlyDishcloths Click to join MonthlyDishcloths
Subscribe to cheysuli
Powered by groups.yahoo.com

I'm gingergargoyle

gingergargoyle

This is the 3D me. Make your own, and we both get Coinz!

Traffic Cam Widgets