Anatomy of a Kangaroo Court

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by Kurt Schlichter, Townhall:

The Donald Trump New York City farce is on the way to being over. The prosecution (at least) rested after what would’ve been a disastrous performance by Michael Cohen in any other trial, but the standard rules don’t apply here because this is not actually a trial. This trial has nothing to do with law. It is a scummy attempt to frame a political opponent of the Democrats to keep him from winning an election against the desiccated old pervert in the White House. Normally, a jury would laugh this case out of court, except that it would never have been in court had the defendant been named Tronald Dump. Everything about it is a lie and a scam, and as soon as you understand that you will understand this disgraceful case.

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The Democrats behind this charade are wearing the law like a skinsuit, presenting an exterior that makes this look like a real jury trial when, in fact, it is nothing of the sort. You see the forms and processes performed, but they mean nothing because the fix is already in. Let’s talk about what happens now in terms of procedure. In terms of legality, why bother? Again, this isn’t a legal matter. This is a joke.

The state must prove each of the elements of the charge beyond a reasonable doubt. Remember, in real trials, criminal charges have elements. For instance, fraud is typically a knowing misrepresentation intended to induce reliance that causes monetary damage to the victim. Each of those requirements is an element. Was there a misrepresentation? Was it knowingly false? Was it intended to induce reliance? Was someone who reasonably relied on it damaged in terms of losing money? Each of those elements must have substantial evidence in support of it. Remember, the state has to prove everything. The defendant can just sit there with his arms crossed like a late-80s rapper and say nothing, and if the state fails to provide evidence beyond a reasonable doubt proving each element, he must be acquitted. Others have discussed how the state has failed to prove any of the elements against Trump here — suffice it to say that, as a legal matter, the state has failed on every one of the elements. But again, this case isn’t a legal matter. This is a kangaroo court. We’re just talking about how the scam will proceed.

The defense could have chosen not to call any witnesses at all. If you think you’re winning because the state has failed to make its case, it’s often a good idea to send it to the jury right then. But I agree that Trump was right to try to put on a defense because that helps him in the court of public opinion. There’s no helping him with the jury – the jury is biased, and the majority of them will convict him regardless of the evidence or law. Defense is for the benefit of the voters.

The Democrat-donating judge severely limited some of Trump’s most important evidence. One witness was a former federal elections commissioner who is an expert on federal elections law and could testify as an expert witness as to how none of these alleged expenditures would violate federal campaign finance laws. Now, the judge excluded that testimony based on what is normally solid ground – an expert witness cannot testify as to what the law is. An expert witness provides factual evidence of matters outside the experience of a jury. But during the trial, the prosecution improperly elicited testimony regarding what is and isn’t a federal campaign finance violation from non-expert witnesses – including Michael Cohen. Typical with regard to Trump, there are apparently exceptions to the rules when it involves screwing him over. Allowing this expert witness to testify would be fair, so no surprise it did not happen.

Another witness the defense called was Michael Cohen’s former attorney, who you might think could not testify because of attorney-client privilege. Except Michael Cohen went behind his back and began talking about his discussions with his attorney to the Southern District of New York federal prosecutors when he was trying to sell out Trump to save his behind from jail. When you disclose attorney-client confidentialities, you waive your attorney-client privilege. Attorney Robert Costello, a respected criminal defense lawyer in New York, has already testified to a House committee that everything Michael Cohen said on the stand was a lie, not to convince the jurors because there’s no convincing the Democrat jurors, but to show America what a fiasco this is. On Monday, the judge blew up at Costello, who was disgusted by how the judge was limiting his testimony by sustaining the DA’s ridiculous objections.

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