JUSTICE BUILDING BLOG

WELCOME TO THE OFFICIAL RICHARD E GERSTEIN JUSTICE BUILDING BLOG. THIS BLOG IS DEDICATED TO JUSTICE BUILDING RUMOR, HUMOR, AND A DISCUSSION ABOUT AND BETWEEN THE JUDGES, LAWYERS AND THE DEDICATED SUPPORT STAFF, CLERKS, COURT REPORTERS, AND CORRECTIONAL OFFICERS WHO LABOR IN THE WORLD OF MIAMI'S CRIMINAL JUSTICE. POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM. Winner of the prestigious Cushing Left Anterior Descending Artery Award.

Tuesday, August 15, 2023

PRESIDENTIAL QUAGMIRE

Prologue: The objective of this post is to not make a political statement but rather just talk criminal law. Also, this is in no way an attempt to sound authoritative about the former President's four pending cases.  

Donald Trump has four cases in four different jurisdictions. There are some dynamics about these cases where a possible interpretation may be that the allegations involve violence, threats of violence, obstruction of justice or other categorizations that prosecutors routinely utilize to ask for pretrial detention or limitations on freedoms while out on bond.  For the good of appearances for this country, and from the perspective of the four powers that be, there may be reasonable apprehensions as to treating a former President as a common criminal yet, how do you explain the [seemingly ] distinguishable manner that Trump has been treated versus how the masses (where most  are comprised of minorities and people of a lower economic status) have always been treated?  

No perp walk
no guns being drawn, 
not being cuffed, 
no lengthy bonding out process, 
no enforced rules on pretrial conduct, 
no limitations ?
etc?

If anybody else had such a cluster of criminal litigation covering a spectrum of criminal statutes, as well as an [apparent] display of disrespect and aggression towards the judiciary and prosecution, would they receive the same accommodations? 

Common sense may dictate that treating of a former President in  [as perceived to some as ] an oppressive manner may relegate the Presidential image to that of what many of us look down upon in less sophisticated countries but... how do you explain this to the multitudes that have been treated so much worse? There are prisoners locked up for years just waiting for their day in court. Having pretrial detention severely limits an accused's ability to coordinate, formulate and finance a defense. Think of the people locked up for years that are eventually exonerated. Think of the court that rules "proof evident/presumption great" and then a jury immediately acquits.  There can be, no doubt about it, different standards of justice depending on your social status, size of your wallet and color of your skin.

Judges, prosecutors and correctional officers; what do you say if if an accused remarks, "Why are there different standards of justice? Why can't I be treated like Trump? Why are you cuffing me, you didn't cuff Trump? Why did you revoke my bond...I only have two cases...and they are not crimes of violence?  Frankly, any devoted, justice-minded participant in the criminal justice system, whether you are a judge, prosecutor, defense attorney, correctional  officer or administrator ...this juxtaposition of the "haves" versus the "have nots" should be so very alarming.  Could and should this extreme and unique special treatment be legal precedent for the common defendant?  How can it be ignored ?


14 comments:

Anonymous said...

Clear proof that the Biden administration is soft on crime.

Anonymous said...

You can also ask why is Trump being subjected to these indictments while Democrats like Hillary Clinton or Hunter Biden are either not indicted or offered misdemeanor plea deals with immunity? Is it to keep Trump or Republicans out of the White House? Justice or politics?

Anonymous said...

Rumple rule number 2, thou shall not PROSECUTE , unless it’s TRUMP

Anonymous said...

This was true all along - the quiet part is being said and shown out loud now for everyone to see on 8k UHD.

Justice is arbitrary. Money corrupts absolutely. It's a big club, and YOU ain't in it.

Now stop resisting sir, or you'll get the pepper ball/taser again.

Anonymous said...

Impossible to bury the lede. They're throwing the book at a President who got ~74 million votes a few years ago. What are his crimes? Acted like an asshole about returning classified documents; leaned on a governor with the intent to find winning votes; paid off a mistress; gave a rabble-rousing speech to people who then either trespassed or burglarized.

Biden's retention of classified docs? Hillary's destruction of hard drives? Congressmen and intelligence officials lying about Russia, with the intent to undermine the 2016 results? W's leaning on his brother to win Florida? Biden's profiteering in Ukraine and China?

No big deal, par for the course.

Only one of these pols must be humiliated and a message sent. Only one of these people is outside of The Club.

This is not to say he didn't do any of the above allegations, just that it's transparent that he is a challenge to the Regime.

Anyone who thinks there is a meaningful difference between, say, the Bushes and the Clintons, should now realize they live in a country no more "democratic" than any number of shitholes where the opposition is arrested and humiliated by regime forces.

I would have been thrilled to put DT in my rearview mirror. A narcissist entirely unable to govern. Sadly now for many tens of millions of us, supporting him is mandatory. The indictments made it this way. He's the single, unique, only candidate that causes this regime to feel threatened, and so like Princess Leia said, he's our only hope.



Anonymous said...

Trump and his co-defendants are being booked at a common county jail in the Georgia case. That case may prove to be very different that the other three.

The best part? Georgia's state government is controlled at every level by Republicans including a Republican governor, Republican attorney general, Republican majority house, Republican majority senate, and Republican secretary of state (the guy who ran the election).

Anonymous said...

Rumpole … you know that Roger Stone is one of the unindicted co-conspirators.

Anonymous said...

3:02 pm It remains to be seen if Trump, et. al will actually surrender to the Fulton County Jail. You can bet his legal team is negotiating the hell out of where he surrenders. Bet you dollars to donuts. he ends up surrendering in the courthouse. No perp walk, no booking photo (I am looking forward to see if his his actual weight is 239, as Ronny Jackson claimed). I remember in the old days when criminal lawyers would wait to see if the wheel judge to which the case was assigned was pro state or pro defense. Now, sadly, it’s whether they are pro Trump or pro government.

Anonymous said...

Rumpy, I think your slightly off base. Many, many white-collar defendants are treated this way.

Anonymous said...

Just disappointed Kash Patel isn't in the indictment.

Anonymous said...

An interesting article, noting a new law review article on the subject: "Constitution bars Trump from presidency, 2 conservative law profs conclude in upcoming article"

https://www.abajournal.com/news/article/constitution-bars-trump-from-presidency-2-conservative-law-profs-conclude-in-upcoming-article?utm_source=sfmc&utm_medium=email&utm_campaign=weekly_email&utm_term=&utm_id=709241&sfmc_id=50759848

Thoughts?

Anonymous said...

Happy birthday, Alex (Michaels)! Miss you my friend.

Anonymous said...

3:02 you do not get it. Trump is a populist. Old scool Republicans do not like him and unlike Democrats. Republicans do have different viewpoints. Moreover, the general public view is that the judicial system is highly politicized and nobody really cares what the left wing Fulyon County D.A. and the almost yotally Democratic jury pool thinks or does

Anonymous said...

Get a life. Cash is king !