badlatitude
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I've already explained she doesn't have the authority to charge a crime. If she could, she would have already locked up the whole family.
More trouble for the Orange Jesus
- Thread starter Hard On The Wind
- Start date
Jurisdiction is over-rated.
Sail4beer
Starboard!
She’s suing him in civil court to make sure he never has a chance to run his shady businesses in her jurisdiction in the future. The criminal complaints that may arise from her investigation has been disseminated to the appropriate authorities and they can handle the criminal charges and indictments if any are warranted.
Dog 2.0
Super Anarchist
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WTF!....Of course she does. She's party to the criminal case against Trumps business.
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Dog 2.0
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badlatitude
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You are wrong again, don't you get tired of it?
For one, even if she did want to prosecute Trump, she doesn’t have jurisdiction under state law to bring a criminal case against him or any of the lawsuit's other defendants, including the Trump Organization and his three eldest children, Donald Jr., Ivanka and Eric Trump.
In New York, the state attorney general’s office is only allowed to prosecute a limited range of offenses on its own, like bid rigging and payroll violations.
Otherwise, the office must partner with a county district attorney on a prosecution — as James' office did with the Manhattan district attorney's office in a case against Trump's longtime finance chief — or obtain what’s known as a criminal referral from the governor or a state agency that has jurisdiction over the alleged wrongdoing.
Even then, mounting a criminal fraud case is far more challenging than a civil lawsuit.
In a criminal case, prosecutors would have to prove beyond a reasonable doubt that Trump intended to commit a crime. In the lawsuit — if it goes to trial — jurors would only need to be persuaded it was more likely than not that wrongdoing occurred.
Filing a civil lawsuit while letting others sort out potential criminal violations is a sound strategy, legal experts said, allowing James to seek remedies other than prison time.
More at the link: https://abcnews.go.com/US/wireStory/ny-probe-found-potential-crimes-trump-cuffs-90348880
badlatitude
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If a new congress impeaches Biden, they will have to admit he won the election. That might be consequential to the 147 who voted to overturn election results.
Mrleft8
Super Anarchist
First off they can impeach him for being a Democrat. Then they can impeach him for stealing the election, then they can impeach him for hiding all those TS documents in Mar-A-Blojo, and finally they can impeach him for assassinating JFK (Even though that was really Cruz's father).
billy backstay
Backstay, never bought a suit, never went to Vegas
"If a new congress impeaches Biden, they will have to admit he won the election. That might be consequential to the 147 who voted to overturn election results."
Per the 14th Amendment below.... All 147 and every other Trumper holding any elected or appointed office in any state, civil or military should be immediately stripped of all powers and never allowed in such an office ever again..
14th Amendment
The Fourteenth Amendment addresses many aspects of citizenship and the rights of citizens. The most commonly used -- and frequently litigated -- phrase in the amendment is "equal protection of the laws", which figures prominently in a wide variety of landmark cases, including Brown v. Board of Education (racial discrimination), Roe v. Wade (reproductive rights), Bush v. Gore (election recounts), Reed v. Reed (gender discrimination), and University of California v. Bakke (racial quotas in education). See more...Section 3.
No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability..
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badlatitude
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They will evade justice. I can't say the future will fix it, the future is an odd duck.
billy backstay
Backstay, never bought a suit, never went to Vegas
What is the point of having Constitutional Amendments or laws if nobody is going to enforce them??
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SloopJonB
Super Anarchist
The 2A is well enforced by them.
badlatitude
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These are state laws, and I'm not sure if we have a Supreme Court that will uphold the law.
billy backstay
Backstay, never bought a suit, never went to Vegas
Where does it say these apply to state only???
Fourteenth Amendment Citizenship, Equal Protection, and Other Rights of Citizens
Section 3 Disqualification from Holding Office
No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.- .
badlatitude
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Who will enforce that?The new MAGA Congress? Just vote.
billy backstay
Backstay, never bought a suit, never went to Vegas
Isn't it incumbent on DOJ to enforce this? And, if not them, then who? Certainly not Congress....
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badlatitude
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I'm not sure, if we are waiting on Congress, don't hold your breath.
NOW I understand. In this case, Dog's bullshit was not from Tucker or Hannity, but it came from the lips of Orange Jesus Himself.
Yeah, I don't think so. DOJ prosecutes laws, the Connie isn't a "law." - so wouldn't it be on Congress to enforce?
billy backstay
Backstay, never bought a suit, never went to Vegas
Interesting...
"Even if Congress does nothing to enforce Section Three or name the former President as an insurrectionist, the issue will be litigated if Trump tries to run again in 2024. State election officials charged with determining ballot access in the presidential primaries will have to make an initial determination on whether he is eligible to serve under Section Three. Some of these officials will invariably say that Trump is ineligible, and he will then challenge those rulings in court. While there is authority holding that Section Three is not self-enforcing in an area under federal jurisdiction (for instance, in the District of Columbia), states did enforce Section Three on their own during Reconstruction and can do so again. The Supreme Court will almost certainly be asked to hear at least one of the state cases on Trump’s eligibility."
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"Even if Congress does nothing to enforce Section Three or name the former President as an insurrectionist, the issue will be litigated if Trump tries to run again in 2024. State election officials charged with determining ballot access in the presidential primaries will have to make an initial determination on whether he is eligible to serve under Section Three. Some of these officials will invariably say that Trump is ineligible, and he will then challenge those rulings in court. While there is authority holding that Section Three is not self-enforcing in an area under federal jurisdiction (for instance, in the District of Columbia), states did enforce Section Three on their own during Reconstruction and can do so again. The Supreme Court will almost certainly be asked to hear at least one of the state cases on Trump’s eligibility."
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