Last night, Donald Trump posted on Truth Social that what happened to him wasn’t a prosecution. He called it a persecution. He was wrong. It’s a conviction. Donald Trump is now a convicted felon. Americans have let Trump shake their faith in many of our democratic institutions our country is built on, From the start of his first campaign, Trump denigrated immigrants as criminals. He challenged confidence in our elections, the work of the intelligence community, the Justice Department, military leaders, and perhaps most dangerously of all, public health officials during a deadly pandemic. Now, and unsurprisingly, he’s after the jury system that convicted him. He’s spent months calling prosecutors, judges, and witnesses corrupt and putting them and their families in danger. Trump has plenty of surrogates to do his bidding. He has no concerns about exposing the 12 brave Americans who served on the jury that convicted him to the risk of harassment and violence. NBC reported that a non-profit that conducts public interest research found posts that contained addresses of people claimed to be jurors on a message board known for pro-Trump content. It is long past time to draw a line and stop the damage Trump is doing to democracy. But still, Republicans pander to him shamelessly. At the time the Access Hollywood Tape was released, Senator Lee said, “I respectfully ask you [Trump] with all due respect, to step aside. Step down,” in a Facebook video. He mentioned the women in his family and said that if someone spoke to them like Trump had, “I wouldn’t hire that person, wouldn’t want to be associated with that person … I certainly don’t think I would feel comfortable hiring that person to be the leader of the free world.” But Lee has endorsed Trump in this election and apparently has no intention of backing away. Independents and other voters may take a different view. Guilt is a powerful word. There are polls that suggest it may exert a gravitational pull over some voters who might have otherwise voted for Trump. We are in for a long, hard time heading into the November election, where the future of democracy will hang in the balance, not metaphorically, like candidates sometimes say it will in the next election, but in a very real, concrete sense. Hunter Biden, the President’s son, goes on trial Monday. Keep that in mind as Donald Trump claims the system has been politicized against him. Trump will be sentenced on July 11, five days before the start of the Republican National Convention. There has been a lack of clarity in the reporting about the sentence Trump faces. That’s because of the way New York handles this type of Class E felony, which a friend in a New York DA’s office called “loosey goosey.” As I understand it, the Judge can sentence to a range as high as 1 3/4 to 4 years, but it will be up to the Parole Board to determine how much of that sentence he actually serves. And the Judge does not have to impose a custodial sentence, he can go all the way down to probation if he chooses to. My understanding of how this works is still evolving, and I’ll update you as we learn more. What we do know is that, like in every other case, the probation department will conduct an assessment of the now-convicted defendant and create a presentence investigation that provides the Judge with the information necessary to arrive at the appropriate sentence. In his press conference this morning, the District Attorney did not say whether he would seek a custodial sentence. There is every reason to ask for one here, including Trump’s repeated, atrocious violations of the gag order in the case. It is a first time, nonviolent offense, so the Judge may not impose custody, but the People have every right to ask for it here. Even if the Judge imposes a custodial sentence, expect to see Trump remain free on bond during the pendency of the appeal. That would be consistent with the principle that permits a defendant who raises serious issues on appeal to do so. Trump does have some serious issues to raise, whether or not he succeeds. I don’t expect him to, but he is entitled to the same right all defendants have to pursue an appeal. The Judge would be well within his rights to condition an appeal bond on strict adherence to the terms of the gag order. The issues we will likely see surface on appeal include:
There will be others too, but these are some of the main ones to expect. None of this will happen until after Trump is sentenced in July, and the process will take time, so we will deal with it when it happens. This sentiment, or something akin to it, is circulating widely on social media. I’m Interested in what you think about it. Do you believe this is true, or is this another spin effort by Trump? Here’s my response: Trump was convicted by a jury of his peers who heard all the evidence and found him guilty. We should trust the jury. Trump claims the indictment was a Democratic ploy. There is no evidence to support that. It doesn’t make sense that 12 jurors, picked from a randomly summoned pool with Trump’s lawyers’ full involvement, a jury that included members who claimed Truth Social or the Wall St. Journal as primary news sources, would have unanimously found him guilty if he wasn’t. Occam’s Razor says to look first to the simplest answer. There is no need for conspiracy theories here. The jury convicted Trump because he was guilty. Trump will spin the verdict, as he did this morning in a long and less than lucid press conference. Americans should ignore him and use the same common sense the jury did. The jurors saw every piece of evidence first hand; they considered it all together. They decided it met the government’s burden of proving Donald Trump guilty beyond a reasonable doubt. In our system of justice, that is their decision to make. It is well worth making this point with anyone who questions the verdict. What approach would they rather have American justice use? A king? Is it Donald Trump who now metes out justice in America? A better question: Why aren’t there calls for Trump to step down as the nominee? That is how any other politician would be treated. Trump said the real verdict on his case will come on November 5. I hope so. I’m ready to get to work on that, and I bet you are too. We’re in this together, Joyce You're currently a free subscriber to Civil Discourse with Joyce Vance . For the full experience, upgrade your subscription. |
Friday, May 31, 2024
Felon
Teflon Gone
Let's not bury the lede. Trump said something true. In a rambling press conference the day after being found guilty on 34 felony counts, Trump explained that, "If they can do this to me, they can do this to anyone." Fact check: True. And that's exactly the point. No one is above the law. Twelve ordinary New Yorkers established that America has no king. (Maybe it's time for the Supreme Court to come to the same conclusion.) We'll have to wait until July 5 to find out what sentence Judge Merchan will apply, but the political reactions were much more immediate. The only thing easier to predict than Trump's guilt is the way his cultish enablers have rushed to support him, and attack America's justice system. As the verdict was read, MSNBC probably induced more orgasms than P-rnhub. But as justice is served, it's also being damaged. WaPo (Gift Article): Even as Trump is found guilty, his attacks take toll on judicial system. "What’s notable here ... is that the entire Republican Party is marching in lockstep, along with right-wing media, claiming that the legal process has been weaponized, and therefore eroding public trust in a really vital institution." 2Pretty as a Picture"She’s smiling and her hair is long. Her body looks like Barbie — slim hips, impossible waist, round breasts. Her cheekbones are sharp, but her collarbone is sharper. You could swear you’ve seen her on Instagram." But she's not real. She's created by AI programs. And when you ask them to create a beautiful woman, their outputs are remarkably similar. WaPo (Gift Article) with an interesting look at what AI thinks a beautiful woman looks like. (I'm hoping AI spits out images of a handsome man that include a balding guy with love handles reclining on a couch behind a MacBook Air.) 3A Fish Story"Takahashi’s morning visits to Hayashi and many of San Francisco’s top sushi chefs are as anticipated as Santa’s. However, rather than a furry red suit and hat, Yoshi-san—as he’s known throughout the high-end sushi scene—typically dons a dark blue hoodie and a crooked smile. Rather than a sleigh, he often pulls up in his white delivery van. And his goods don’t hail from the North Pole, but from Tokyo’s legendary Toyosu fish market." The San Francisco Standard with a fun look at how San Francisco sushi restaurants catch their fish. And it all started at my family's favorite sushi restaurant here in Sausalito. The secret behind the city’s best sushi? One man and his van. 4Weekend WhatsWhat to Book: "A semi-famous artist announces her plan to drive cross-country, from LA to NY. Thirty minutes after leaving her husband and child at home, she spontaneously exits the freeway, checks into a nondescript motel, and immerses herself in an entirely different journey." And thankfully, that journey is written by Miranda July. All Fours: A Novel. 5Extra, ExtraPeace in the Middle East? "President Joe Biden announced Friday that Israel has proposed a three-part plan that would ultimately lead to a permanent cease-fire in the Gaza Strip, as well as the release of all hostages who have been held there for the last eight months. Speaking from the White House, Biden said that the proposal comes after intensive diplomacy carried out by his team." AP: Biden says Hamas is ‘no longer capable’ of carrying out another major attack against Israel. "This is truly a decisive moment. Israel has made their proposal. Hamas says it wants a cease-fire. This deal is an opportunity to prove whether they really mean it." (This is a long way from done, but let's hope peace is approaching.) 6Feel Good Friday"A teenager who has been unhoused for more than a year earned recognition as the valedictorian of his high school’s graduating class. Now, he is using his moment in the spotlight to say it is OK to accept 'a guiding hand' when needed." Forwarded? subscribe here. Or share edition… Read my 📕, Please Scream Inside Your Heart, or grab a 👕 in the Store. © 2024 Dave Pell |
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