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Culture War Roundup for the week of May 27, 2024

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This is crazy! Why would Trump go out of his way to do things the illegal way if it were already legal?

Part of the problem with this whole thing is assigning intent to a guy who seems to wing it on instinct and never really bothers to do due dilligence to make sure he's doing things the proper way -- and who hires shitty, sleazy lawyers who are also incompetent at covering the legal bases. Trump is sloppy. Contrary to the memes, he's barely playing 1-D Chess. He follows the straight line from his desires to his ego. It's entirely possible given his apparent modus operandi that no one thought to check if there were any legal issues with anything related to the FEC or any other set of regulations, and "legal services" was written on the checks because Cohen was a lawyer, making anything he does "legal services."

I don't doubt that Trump is guilty of hundreds (if not more) of compliance violations, because he generally holds all rules and official processes in contempt. Felony convictions for details he likely never bothered to consider or understand seems harsh; but it does make a good case for why political parties should screen their candidates with a more serious sense of purpose.

But that’s the entire point. You needed to do it with an intent to defraud and commit another crime. If he wasn’t thinking at all about that, then that is proof he didn’t commit the crime.

The prosecution has to argue he was thinking about it, there was in fact a legal method, and Trump was like “fuck that, I want the criminal way. Leeeeeeeroy Jenkins.” That just isn’t reasonable.

But that’s the entire point. You needed to do it with an intent to defraud and commit another crime. If he wasn’t thinking at all about that, then that is proof he didn’t commit the crime.

Yeah, I agree. But Trump is his own worst enemy and creates most these problems for himself. It's hard to feel sympathy for him when he is essentially dooming himself by repeating the same mistakes over and over rather than adapting -- even though I think he is being unjustly persecuted in a way that really hurts the entire country. Even if he's the least-bad part of this whole debacle, I can only shake my head in pity at mess he's put himself in.

The prosecution has to argue he was thinking about it, there was in fact a legal method, and Trump was like “fuck that, I want the criminal way. Leeeeeeeroy Jenkins.” That just isn’t reasonable.

But having laundered that through a jury, it's established. There's no avenue for appeal there.

There are some avenues for appeal where a fact is improperly admitted as evidence or testimony, or where a jury makes an improper decision of law, albeit with a fairly high standard of error...

But it doesn't really matter. Trump (probably) can't even file an appeal until after sentencing, and there's zero chance that the New York Court of Appeals will decide the case before November (and might not even hear the case before then), in the likely event that they refuse, it'll be a year or longer for federal courts to get involved, and there are extremely limited grounds where a federal court can bypass state courts.

And while a lot of the errors here are reversible, or even cause to mandate recusal by the judge, they're not severe enough to throw out the case; even a 'victory' just starts the trial over again, and Bragg will not be dropping this case.

I think a lot of the progressive legal sphere is assuming that even if this case is overturned, it'll happen after Georgia/federal documents/whatever gets him, too (or Trump will self-moot sometime), but to anyone that isn't as far buying every charge against Trump as AshLael is, there's a non-trivial chance that Trump will eventually be found not guilty of multiple different cases... in 2025 and 2026. After he's lost the election.

Georgia is jammed up due to the crooked prosecutor, and the documents case is jammed up due to the usual FBI malfeasance combined with a Trump-friendly judge, so neither is likely to matter in the election.

I think there clearly is since the judge did not allow evidence in where FECA / the prosecution made false statements

If Trump were really sloppy as you allege, prosecutors would have been able to find more serious charges to bring against him. Ten years of political spotlight and they can only get him on charges that have literally never been used against anyone ever before. You don't doubt that he's guilty of hundreds of similar crimes? Then why haven't they brought anything forward? That's the sloppy thinking here.

If Trump were really sloppy as you allege, prosecutors would have been able to find more serious charges to bring against him.

Not necessarily. As we can see in this case, it can be really hard to create the semi-coherent appearance of a case out of a bunch of nonsense and make it just opaque enough to pay off. If a guy is racking up hundreds of little process violations because HDGAF about process, the trick is to turn those into a felony in one of the jurisdictions jaded enough to convict without ever questioning the premises. It's probably easier to charge and convict a smooth operator who is knowingly committing crimes because once you catch them in act with intent, you have your smoking gun. If someone is carelessly racking up violations by just not caring, it's going to be really hard to prove an intent that never existed.