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On 1. Can a lawyer answer for me how that case has gone forward. It feels as though there are serious questions on the law in the case versus proving whether he did the acts in question.
Interpreting the law seems like a question for judges not juries. I guess my question is did Bragg provided the SOL run to the current judge and he agreed it’s a correct interpretation. Now the jury is deciding if he did the actual acts? If he’s convicted then does Trump challenge Bragg’s interpretation of the law to try and get the conviction thrown out. To me it would make more sense to challenge the legal interpretation of the law first (does SOL apply). Then do the jury trial.
Even if Trump is convicted now I feel like there are years of appeals. Potentially all the way to the SC to litigate whether SOL applies. Obviously not a lawyer but I would have thought he could have done a lot of challenges before the trial on the SOL issues. There is no reason to have a jury trial on whether he’s guilty if the underlying act he’s accused of either isn’t a crime or is protected by SOL.
The New York courts get to decide the law. They're not impartial. Any appeals would have to go all the way through the New York system (with Trump potentially imprisoned the whole time) before reaching the Supreme Court. Which would most probably simply reject any appeal on the grounds that there is no substantial Federal question.
I think Arizona V. US logic and preemption could be in play.
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