The second issue is the location of Trump's trials. Donald Trump Is Disqualified From Office by the 14th Amendment.The Constitution Clearly Bars Trump From the Ballot.The 14th Amendment Case to Bar Trump From the Ballot Is Ugly Politicking.At this point, that important right is being denied to Donald Trump. It will certainly take many months of work to permit effective assistance of counsel, which is required by the Constitution. In this haystack of material, there will be some exculpatory needles, and it will take time to find them and to investigate. In the District of Columbia case, the government has already produced more than 12 million pages of discovery. If a speedy trial will result in an unfair trial, the Constitution demands a reasonable delay sufficient to assure every defendant the right to present the defense fully and effectively.Ĭonvicting Trump in a speedy but unfair trial absolutely undermines the neutrality of our legal system. The interest of the government lies solely on providing the defendent a fair trial. This is nonsense: Only the defendant has the right to demand a speedy trial. "There is a societal interest in providing a speedy trial separate from, and at times in opposition to, the accused," Judge Tanya S. case, where the judge insisted the public has a right to a speedy trial under the 6th Amendment. I am aware of no RICO trial involving multiple defendants, millions of documents, and extremely complex legal and factual issues having ever been fairly tried in such short a period of time. The prosecutors insist on trying all the defendants together rather than allowing each of them or at least groups of them to be tried separately. There are 19 defendants, some of whom have demanded a speedy trial as soon as October, while others have insisted on their right to prepare fully for what promises to be a many-months-long trial. Even if these convictions were subsequently to be reversed on appeal, they will have served their intended purpose in influencing centrist voters, which is why they are prepared to rush to legal injustice-to serve what they view as "political" justice.Īs of now, with the exception of the one trial that's scheduled to begin next month, the rest are scheduled right in the middle of the primary season, beginning in March.Īs a lawyer with 60 years of experience litigating and teaching about complex criminal cases, I have absolutely no doubt that a fair trial cannot be accomplished within this time frame.Ĭonsider the Fulton County Rico prosecution. When it comes to the timing of Trump's trials, the goal of the "get Trump" posse is to secure convictions and try to influence the November 2024 election. Trump was booked on multiple charges related to an alleged plan to overturn the results of the 2020 presidential election in Georgia. President Donald Trump speaks to the media at Atlanta Hartsfield-Jackson International Airport after surrendering at the Fulton County jail on Augin Atlanta, Georgia. In this respect, there are two major constitutional issues: the timing of the trials and the location of the trials.įormer U.S. That is a shortsighted view that endangers future generations of Americans.Īt the moment, it appears as if Donald Trump will be denied his most fundamental constitutional right-to present his defenses to an unbiased jury. They believe that the reelection of President Trump would be more dangerous than compromising his constitutional rights. Many believe that the noble end of preventing Trump from being our next president justifies ignoble means, including stretching the Constitution and the law so as to assure his conviction. There is great desire among those who strongly oppose what Trump did in the past and what they believe he is likely to do in the future to "get" him. If the trials themselves are unfair or even reasonably perceived to be unfair, our nation will be further divided and our standing in the world of democracies will be further damaged. Never before in our history has a leading presidential candidate been indicted, especially in the run-up to the election. The defendant is not only a former president he is also the leading candidate to run against the incumbent president. Not only is Donald Trump on trial in these cases, but the American system of justice is on trial, not only in America but around the world. The defendant must receive the benefit of all of his constitutional and statutory rights. Regardless of the results-acquittal, conviction, hung jury-the trials must be perceived as having been fair. It is imperative that they also be among the fairest trials in our history. The four criminal trials currently scheduled for former President Donald Trump are amongst the most significant and controversial trials in American history.
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