Monday, June 05, 2023

Breaking Away

So this is happening: Ah, but what does that mean? DOJ is bound by the courts and precedent. Same thing that keeps judges from burying every J6 defendant under the jail. DOJ asks for maximum sentence (you don’t ask, you don’t get it) , judge imposes a lower sentence. They know what appeals courts are likely to do, and maximum sentences are likely to be reduced. So plea arrangements are part of the package.

In a civil case, you have to show the court that trial is the only option left, that settlement has been sought but not agreed upon. Same with criminal cases: you have to make an attempt to dispose of the case without trial. It’s a question of judicial economy. Courts are VERY busy. Pre-trial discussions are necessary to show the only avenue left is a jury trial. In criminal cases, you have to give defendants a reasonable chance to present an argument as to why they shouldn’t be taken to court.

To begin with: as emptywheel points out, this analysis rests on the defendant having competent counsel, and understanding the criminal process himself: Trump has a protective order in his mind that keeps competent counsel at least 1000 yards away. And he’s never going to accept a guilty plea, if only because then he can’t scream “WITCH HUNT!” or “ELECTION INTERFERENCE!” He’s got his schtick, and he’s sticking to it.

(And the people who think Trump could renege on a plea don’t begin to understand how this works.)

Look on the bright side:
And there's this: Or this take: I suspect that’s the wrong connection to make/conclusion to draw; but who knows? Lots of rampant speculation, which is a poor substitute for information. The concrete thing is going to be the trial.

I’ll wait. 😎
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