Saturday, May 08, 2021

Real Court v. TeeVee Court

Had a few like that in Family Law cases (child custody issues, mostly; sometimes property division). Not as unusual as the internet and mass media might lead you to believe. Yes, Truth is usually stranger than fiction. You thought Aaron Sorkin made this stuff up for entertainment? Uh....yeah. I have a theory about movies and fantasy that I may come back to in another post. It connects here because basically everything you see in movies/TeeVee is fundamentally a fantasy, no matter how "serious" it is. But this mess with this probably emotionally disturbed (at least) man leads us to the other "legal" story that's a hot mess right now. Everybody's giving Trump free counsel on how quickly and badly Rudy is going to flip on him.  Most of these opinions come from armchair trial lawyers whose courtroom experience is limited to TeeVee shows and Aaron Sorkin movies, at best.  A few are lawyers turned TV pundits who know better than to clutter up the preferred narrative with things like facts and how criminal cases actually work.   But Preet Bararah pointed out the other day that Rudy probably has nothing to bargain with, because the prosecutors don’t trust him.  A plea arrangement is only as good as the witness is credible, and honestly, what credibility does Rudy have.  Would you want to put him on the stand?

As for the “insurance” he supposedly has, if prosecutors think that has any relevance, they can get a search warrant for it.  It isn’t a bargaining chip at that point.  If it’s evidence of a crime, he can be forced to turn it over.  And just because he thinks its worth something, doesn’t mean it is.  Prosecutors could well prefer to prosecute Giuliani than to make a deal with him.

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