From: Loran <loran@invalid.net>
Newsgroups: alt.fan.rush-limbaugh,alt.california.illegals,alt.politics.trump,or.politics,can.politics
Subject: Re: The Bragg case
Date: Wed, 5 Jun 2024 15:44:41 -0600
Organization: A noiseless patient Spider
Alan wrote:
> So you
AGAIN:
âOne of the Craziest Thingsâ
Constitutional law expert Hans von Spakovsky says the conviction isnât
likely to stick, for an array of reasons. Chief among them: Merchanâs
convoluted jury instructions, in which the Biden campaign-donor judge
framed the juryâs deliberations in a way that, according to legal expert
Jonathan Turley, âseemed less like a jury deliberation than a canned
hunt.â Merchan told the jurors they didnât have to agree on the three
possible âunlawful meansâ prosecutors vaguely alleged Trump had employed
to âinfluenceâ the 2016 election.
âThe jurors were told that they could split on what occurred, with four
jurors accepting each of the three possible crimes in a 4-4-4 split. The
court would still consider that a unanimous verdict so long as they
agree that it was in furtherance of some crime,â Turley wrote in the
Hill before the verdict was handed down.
Accomplice media outlets running interference for Biden and his minions
â and attempting to influence the 2024 election â collectively wailed
that conservative news outlets have been misrepresenting Merchanâs jury
instructions. But thereâs no denying the unusual nature of the judgeâs
explanations at the end of a deeply legally flawed trial.
Von Spakovsky said Merchanâs instructions point to reversible error â
âan error in trial proceedings that affects a partyâs rights so
significantly that it is grounds for reversal if the affected party
properly objected at trial,â according to the Legal Information Institute.
âThis is such a mistake. ⦠If I were the court of appeals, the moment
this case came in, I would overturn the conviction,â the former Federal
Election Commission member and Heritage Foundation fellow told me before
the verdict this week on the Simon Conway Show. âThat is one of the
craziest things I have ever heard and it is a complete violation of
President Trumpâs substantive due process rights.â
Von Spakovsky said the standard in like cases is that jurors come to a
unanimous agreement on each of the charges they are deliberating. He
said Merchan added an absurd twist to the proceedings after handicapping
Trumpâs defense throughout the trial.
Threw the Constitution âOut the Windowâ
Defense attorney Randy Zelin told CNN that Merchanâs jury instructions
contained a âkey flaw.â
âWhether you are driving in a Ford or a Ferrari, if someone gives you
bad directions, youâre going to end up lost. And those jury instructions
were just a complete, just take the Constitution, throw it out a window,
burn it, shoot it and hang it,â the attorney said on âCNN Special Report.â
Turley told Fox News that the âtrial is a target rich environment for
appeal,â although he said the appeal will likely âstretch beyond the
election.â
Von Spakovsky said the courts should act as expeditiously as the Supreme
Court did in the Colorado ballot access case in which it unanimously
overturned the Colorado Supreme Courtâs ruling kicking Trump off the
state presidential primary ballot.
As for Merchan, von Spakovsky said the judge is either one of the most
incompetent judges he has ever seen or his curious instructions to the
jury was âa sign of intentional misfeasance.â
https://thefederalist.com/2024/05/31/intentional-misfeasance-makes-show-trial-conviction-ripe-for-reversal-legal-experts-say/