this post was submitted on 26 Oct 2024
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Should Donald Trump fail a second time to be re-elected he faces the very real possibility of jail time and massive financial penalties due to the sheer volume of criminal cases and civil lawsuits that are on hold until after the election.

That is the opinion of Syracuse University law professor Greg Germain who explained in an interview with Newsweek that the former president's only path to get out from under the federal cases he now faces is to beat Vice President Kamala Harris in less than two weeks and then push the Department of Justice to drop the cases filed against him.

As Germain stated, the multiple federal cases Trump is facing are solid and his only path to victory may be having them shut down.

Newsweek source: https://www.newsweek.com/donald-trump-legal-cases-georgia-washington-florida-new-york-stormy-daniels-chutkan-cannon-1974406

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[–] [email protected] 72 points 1 week ago (4 children)

Why exactly are they on hold until the election? Shouldn’t it be like really important to determine if he’s guilty before they crown him?

[–] [email protected] 33 points 1 week ago (1 children)

Corruption, pure and simple corruption.

[–] [email protected] 3 points 1 week ago (1 children)

So a corruption that will exist after the election as well

[–] [email protected] 4 points 1 week ago

We have but to wait and see. There are new and perverse forms of corruption recently enabled. We've always had and will always have corruption. If he doesn't get it, I give it 50:50 they'll still let him off.

[–] [email protected] 16 points 1 week ago

The humans who implement the judicial system are likely fearful of the purge that would come following a Trump victory.

[–] [email protected] 5 points 1 week ago (4 children)

I felt the same for a long time, but as much as I hate to admit it, it does kind of make sense in an abhorrent kind of way.

The hierarchy in a democracy is supposed to go...

Voting Public ➡️ Representatives ➡️ Laws ➡️ Courts ➡️ Rulings

That being the case, a Court shouldn't really hear cases that might undermine the will of the Voting Public.

If courts are empowered by the Voting Public, then a Court should not be in a position to make a Ruling the Voting Public does not want, despite that Ruling being correct in the context of the Law.

Another way of saying the same thing, is that if the Voting Public want's Trump to have a fair trial they would obviously not elect him as President.

[–] [email protected] 21 points 1 week ago (18 children)

I understand your viewpoint, but disagree.

By that argument any criminal ever could argue against prosecution because they intend to run for a public office. Ridiculous exaggeration of course, but if Trump gets this chance, everyone else should too.

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[–] [email protected] 15 points 1 week ago (1 children)

Well, if the voting public has ultimate say than why are there rules on who can become president in the first place?

[–] [email protected] 0 points 1 week ago (1 children)

The public electing representatives who make these rules is one thing. Courts undermining elections arbitrarily is entirely another.

The public needs to decide whether they want Trump to be held accountable for his crimes.

[–] [email protected] 4 points 1 week ago (1 children)

Arbitrarily? They have pretty good indications that trump has committed multiple crimes.

The public should not be the ones who decide if someone is accountable. This is not a direct democracy. (Hardly a democracy at all)

[–] [email protected] 0 points 1 week ago

I agree that the public doesn't have adequate skills, experience, or knowledge to determine whether someone should be held accountable.

I also agree that Trump has undoubtedly committed multiple crimes and deserves to be penalised, probably by being incarcerated.

The problem is that the electoral college is likely to have sufficient votes to elect him regardless.

The core problem is that courts shouldn't influence elections. It seems like a great idea now because the "baddies" will be on the pointy end of that stick, but undoubtedly it would be turned against us later on.

[–] [email protected] 9 points 1 week ago (1 children)

While you make a point to consider, an educated and informed electorate is bedrock to a democracy.

Maybe the results of the Discovery process should be public record before a vote.

[–] [email protected] 0 points 1 week ago (1 children)

Yeah but also nah.

Airing dirty laundry in discovery is tantamount to an unfavourable ruling - its still the courts undermining a democratic process.

Imagine if the shoe were on the other foot - a republican judge digging away for dirt on Kamala during "discovery".

You would feel that unfair, and that's exactly how republicans world feel about Trump going through some kind of discovery process now.

[–] [email protected] 1 points 1 week ago (1 children)

If there is evidence of a crime involving the canidate or campaign, the voters being kept unaware is also a crime.

[–] [email protected] 1 points 1 week ago

Sorry, that's quite simply untrue. There is no law that says you must finalise a case against a candidate during the campaign.

[–] [email protected] 6 points 1 week ago (1 children)

Another way of saying the same thing, is that if the Voting Public want’s

If winning the vote entailed an actual public majority, you might have some argument there. But that's not what we have.

[–] [email protected] 0 points 1 week ago (2 children)

I acknowledge that the electoral college misrepresents the popular vote, but that is the mechanism by which the will of your voting public is polled.

That's not really relevant to my point, which is simply that in a healthy democracy courts need to avoid influencing elections.

[–] [email protected] 3 points 1 week ago (15 children)

Letting guilty insurrectionists run for re-election in clear contravention of the constitution isn't affecting the election in any way in your view?

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[–] [email protected] 3 points 1 week ago (3 children)

So your argument is right, but completely not based on our current reality?

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[–] [email protected] 3 points 1 week ago* (last edited 1 week ago)

I want to see that orange turd locked up as much as any rational levelheaded person, but my fear is that it would set a dangerous precedent to convict and jail during an election.

Because all the batshit bonkers right-wingers in politics would use it as a baseline to file court cases against any of their political opponents during election season, find some Uber corrupt right-winger judge and miraculously the only ones left on ballots are the repubs