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Tag Archives: trial

Impeaching Trump – Lawers Lay Out First Case

Image result for Trump jail

Jail to the Chumph.

Should Republicans stop blocking the Chumph Impeachment, or the 2018 Election, whichever comes first – there appear to be at least 4 Cases, if not 5 upon which the Chumph will be prosecuted.

The easiest one of those to make as a primary cause and case for impeachment, is Obstruction of Justice. The other crimes are hidden behind requiring information which is still classified, information from grand jury testimony, and information not available to the public gathered by Robert Mueller’s prosecutors.

There appears to be evidence upon which to charge the Chumph with these crimes –

  1. Money Laundering,
  2. Criminal Conspiracy
  3. Treason
  4. Obstruction of Justice
  5. and possibly, a number of cases of Malfeasance in Office

It is unknown at this point what evidence, or what charges (if any) Mueller will pursue. But the case for impeachment, based on obstruction of justice has been laid out just using publically available information. The guys who did this are heavyweights –

Barry H. Berke is co-chair of the litigation department at Kramer Levin Naftalis & Frankel LLP
(Kramer Levin) and a fellow of the American College of Trial Lawyers. He has represented
public officials, professionals and other clients in matters involving all aspects of white-collar
crime, including obstruction of justice. Noah Bookbinder is the Executive Director of Citizens
for Responsibility and Ethics in Washington (CREW). Previously, Noah has served as Chief
Counsel for Criminal Justice for the United States Senate Judiciary Committee and as a
corruption prosecutor in the United States Department of Justice’s Public Integrity Section.
Ambassador (ret.) Norman L. Eisen, a senior fellow at the Brookings Institution, was the chief
White House ethics lawyer from 2009 to 2011 and before that, defended obstruction and other
criminal cases for almost two decades in a D.C. law firm specializing in white-collar matters. He
is the chair and co-founder of CREW.

From their introduction of a case developed for Brookings Institute –

There are significant questions as to whether President Trump obstructed justice. We do not yet know all the relevant facts, and any final determination must await further investigation, including by Special Counsel Robert Mueller. But the public record contains substantial evidence that President Trump attempted to impede the investigations of Michael Flynn and Russian interference in the 2016 presidential election, including by firing FBI Director James Comey. There is also a question as to whether President Trump conspired to obstruct justice with senior members of his administration although the public facts regarding conspiracy are less well developed.Attempts to stop an investigation represent a common form of obstruction. Demanding the loyalty of an individual involved in an investigation, requesting that individual’s help to end the investigation, and then ultimately firing that person to accomplish that goal are the type of acts that have frequently resulted in obstruction convictions, as we detail. In addition, to the extent conduct could be characterized as threatening, intimidating, or corruptly persuading witnesses, that too
may provide additional grounds for obstruction charges. While those defending the president may claim that expressing a “hope” that an investigation will end is too vague to constitute obstruction, we show that such language is sufficient to do so. In that regard, it is material that former FBI Director James Comey interpreted the president’s “hope” that he would drop the investigation into Flynn as an instruction to drop the case. That Comey ignored that instruction is beside the point under applicable law. We also note that potentially misleading conduct and possible cover-up attempts could serve as further evidence of obstruction. Here, such actions may include fabricating an initial justification for firing Comey, directing Donald Trump Jr.’s inaccurate statements about the purpose of his meeting with a Russian lawyer during the president’s campaign, tweeting that Comey “better hope there are no ‘tapes’ of our conversations,” despite having
“no idea” whether such tapes existed, and repeatedly denouncing the validity of the investigations…

The entire paper PRESIDENTIAL OBSTRUCTION OF JUSTICE: THE CASE OF DONALD J. TRUMP can be found at this link.

Image result for Trump jail

Very apropos depiction of the clown

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Another Black Man Murdering Cop Gets Away in St Louis

Murder most foul as the state’s legal system declares war on black men.

This sort of thing is going to make police stops real dangerous – as the Cops in Missouri, backed by a racist justice system are no better than thugs,

Ex-St. Louis policeman acquitted of murdering black motorist

 

Image result for Jason Stockley

Stockley and the gun he planted on his victim shows clear premedititon

A Missouri judge on Friday found a white former St. Louis police officer not guilty of murder in the shooting death of a black man after a car chase in 2011, prosecutors said.

Officials feared the verdict could set off violent protests, as have similar deadly cases involving police and minorities around the United States in recent years.

Jason Stockley, 36, had been charged with first-degree murder, accused of intentionally killing Anthony Lamar Smith, 24, and planting a gun in his car. Stockley, who was arrested in May 2016, testified he acted in self-defense.

Judge Timothy Wilson’s highly anticipated ruling was announced Friday, more than five weeks after the bench trial ended.

“This court, as a trier of fact, is simply not firmly convinced of defendant’s guilt,” the judge wrote in his ruling.

Wilson said prosecutors also asked the court to consider a lesser degree of homicide but they did not prove beyond a reasonable doubt that Stockley’s use of deadly force was not justified in self defense.

“A judge shall not be swayed by partisan interests, public clamor or fear of criticism,” the judge said, quoting the Code of Judicial Conduct.

Prosecutor Kimberly Gardner said in a statement she was disappointed with the verdict and believed she had presented proof that Stockley intended to kill Smith.

“However, in this case it was the judge’s duty to evaluate the evidence and deliver his findings,” she said. “That’s how our system works.”

Killings of unarmed black people by U.S. police in recent years triggered widespread protests and activists promised disruptive demonstrations if Stockley was acquitted.

St. Louis and state officials were braced for violent protests and racial tensions like those that followed the 2014 fatal shooting by police of unarmed black teenager Michael Brown in Ferguson, near St. Louis.

‘SAD, HURT, MAD’

Activists were angry and disappointed by the verdict.

“I’m sad, I’m hurt, I’m mad,” the Reverend Clinton Stancil of the Wayman AME Church in St. Louis said by telephone. “But this was expected. We haven’t made any progress since Ferguson, that’s clear. Cops can still kill us with impunity.”

In recent years grand juries have declined to charge officers involved in the shooting of Brown and the choking death of Eric Garner, 43, in New York. Baltimore police officers also were not convicted in the death of Freddie Gray, who died from a broken neck suffered in a police van in 2015.

Jeffrey Mittman, executive director of the ACLU of Missouri, in a statement listed the names of several black people who have been fatally shot by police in different cities and said little has changed.

“Police officer Jason Stockley’s acquittal today does not change the facts: Anthony Lamar Smith died unnecessarily, another casualty of excessive and deadly force by police against people of color,” Mittman said.

“In 2016, black males between 15 and 34 years old were nine times more likely than other Americans to be killed by law enforcement officers,” he said. “It is past time for Missouri and the country to say in one voice: ‘This cannot continue.’”

Missouri Governor Eric Greitens on Thursday put the National Guard on standby. Some schools called off classes and some events were postponed, according to local media.

Christina Wilson, Smith’s fiancée, pleaded at a news conference on Thursday evening for protesters to avoid violence if they demonstrate.

The verdict in St. Louis follows high-profile mistrials or acquittals of police officers charged in shootings in Ohio and Minnesota this year.

Authorities say Smith tried to flee from Stockley on Dec. 20, 2011, reportedly after Smith was involved in a drug deal. During a pursuit, Stockley could be heard saying on an internal police car video that he was going to kill Smith, prosecutors said.

Stockley, riding in the passenger seat of a patrol vehicle with his personal AK-47 in one hand and department-issued weapon in the other, shot at Smith’s car, according to St. Louis Circuit Attorney’s Office spokeswoman Susan Ryan and charging documents. Stockley and his partner chased Smith at speeds exceeding 80 miles per hour (129 kph), the documents said.

At Stockley’s direction, the driver of the police car slammed into Smith’s vehicle and they came to a stop. Stockley then approached Smith’s car and shot him five times, court documents said.

Stockley’s lawyers said he fired in self-defense because he believed Smith was reaching for a gun but prosecutors said the only gun recovered from the scene had only Stockley’s DNA on it.

 

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The Chumph Now Looking Into “Pardons” Is an Admission of Criminal Activity

The Chumph apparently believes he can pardon himself. It is a frank admission of numerous crimes by himself, his children, and acolytes,

The most criminal administration in history is going down.

Can the Chumph pardon himself? Most Constitutional scholars say no.

The Chumph is undeniably stupid enough to try, though.

Trump pushes his ‘complete power’ to pardon

Image result for impeaching trump

President Donald Trump claimed on Saturday morning that “all agree” that he has full power to pardon, following reports that his legal team is exploring his ability to pardon not only his allies and family members but also himself.

“While all agree the U. S. President has the complete power to pardon, why think of that when only crime so far is LEAKS against us.FAKE NEWS,” Trump tweeted.

The Washington Post reported earlier this week that Trump’s lawyers are looking into his pardon powers, a move that prompted a swift rebuke from the Democratic leaders of the House and Senate intelligence committees conducting wide-ranging Russia-related probes.

Special counsel Robert Mueller is also leading a sprawling Russia probe and is said to be investigating whether Trump obstructed justice, in part by firing James Comey, the former FBI director then leading the Russia probe.

Despite Trump’s claim, many legal experts say the extent of his pardon power is far from a settled question. According to Richard Primus, a University of Michigan law professor, Trump would be entering uncharted territory if he tried to pardon himself.

He also said many constitutional lawyers are skeptical that such a move would be legally sound.

“The Constitution doesn’t specify whether the president can pardon himself, and no court has ever ruled on the issue, because no president has ever been brazen enough to try it,” he wrote for POLITICO Magazine.

“Among constitutional lawyers, the dominant (though not unanimous) answer is ‘no,’ in part because letting any person exempt himself from criminal liability would be a fundamental affront to America’s basic rule-of-law values.”

 

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Cosby Mistrial

It doesn’t say he is guilty or innocent – just that the entire jury wasn’t convinced of guilt or innocence…

Mistrial declared in Bill Cosby sex-assault trial

A Pennsylvania judge declared a mistrial Saturday after a jury was “hopelessly deadlocked” on sexual-assault charges against Bill Cosby, the comic legend whose legacy as a promoter of wholesome values has been tarnished by a years-long sex and drugging scandal.

As the mistrial was declared, Cosby sat at the defense table with his chin held high, a flat, blank look on his face. Across the well of the courtroom, jurors stood one-by-one in the jury box and said, “Yes,” as the judge asked whether each whether they agreed that the jury is “hopelessly deadlocked.”

The jurors answered without hesitation, but several slumped forward in their chairs, elbows on their knees and fingers knit, looks of frustration on their faces.

After the questioning was done, the entertainer sat back in his chair, holding a slender cane that has been with him inside the courtroom each day to his chest. Cosby’s family was not in the courtroom to hear the judge’s decision.

The jury filed out almost within arm’s reach of Andrea Constand, Cosby’s accuser. She stood respectfully, with a strained smile on her face. Afterwards, prosecutor Kevin Steele announced in court that he will retry Cosby.

The courtroom emptied quickly, but the two main players in this 11-day melodrama lingered. Constand, in the brilliantly white lightweight blazer she’d worn on the witness stand, stood along the edge of the courtroom wall. Six accusers who had attended the trial as spectators, some with tears in their eyes, lined up to console her with long, sad hugs. The former professional basketball player’s face was flush, but her eyes were dry.

Across the courtroom, a small entourage of Cosby aides broke into wide smiles and clapped each other on the back. Amid the celebration, the aging comic sat by himself at his regular spot at the defense table. No one from his family was there to share the moment, and the members of his defense team and support staff had turned their attention elsewhere.

Cosby, knowing that he’ll be tried again, looked pensive as he sat tilted forward with his legs spread wide and his eyes cast to the floor. He draped a long finger across his upper lip, and for several minutes was alone with his thoughts. Then, his expression changed. For a split second, a smile crossed his face.

Finally, one of his defense attorneys, Angela Agrusa, spied him sitting there alone, and went over to offer her arm. They walked down the center aisle of the courtroom together, weaving through celebratory Cosby aides, and journalists. But the path was blocked and they had to stop.

Cosby and his attorney paused momentarily.

“You lead the way,” Cosby said to Agrusa.

Outside the courthouse, Cosby’s press spokesman thrust a fist in the air triumphantly as the comedian made his way down a ramp flanked by metal barricades and a leafy hedge in the rain. A handful of supporters chanted, “Let Bill go,” as Cosby was helped into an idling black SUV. Cosby turned for a moment to a crowd in which journalists outnumbered supporters at least 25-to-one. Then he was gone.

The jurors, who had complained of exhaustion, deliberated 52 hours before finally saying they could not reach a verdict on three counts of aggravated indecent assault against the 79-year-old entertainer. But the hung jury does not end Cosby’s legal troubles because he could be retried on the same charges and is still facing lawsuits filed by some of the 60 women who have accused him of sexual assault, rape or sexual harassment.

As deliberations dragged on, signs of discontent in the jury room kept emerging. The jurors, who had been kept working for 12- and 13-hour days by Steven T. O’Neill, the Montgomery County judge overseeing the case, since beginning their cloistered discussions Monday afternoon, asked to go back to the hotel early on Tuesday. The next day they expressed “concerns” to court officials, though the judge did not reveal the substance of their complaints.

Defense attorneys furiously demanded a mistrial many times in the courtroom during the lengthy deliberations, but Judge O’Neill insisted on letting the jury continue its work. Cosby’s press team angered the judge by holding impromptu news conferences on the courthouse steps, fulminating for a mistrial and criticizing the judge for allowing deliberations to stretch longer than anyone could remember in previous cases held in this scruffy Philadelphia suburb.

Late Thursday morning, just after passing the 30-hour mark in deliberations, jurors formally announced for the first time that they were deadlocked in a one-sentence note saying they could not reach a “unanimous consensus” on any of the counts. The judge gave the standard order to keep trying, but they were ultimately unable to break the deadlock. When he first heard about the deadlock, Cosby walked out of the courtroom with a smile on his face.

 
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Posted by on June 17, 2017 in Giant Negros

 

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Walter Scott Murderer, ex-Cop Michael Slager to Plead Guilty in Federal Court

Those who are either old enough to remember the KKK murders in places like Mississippi, and the resultant trials where all-white juries of the time couldn’t find them guilty will draw a correlation between the Walter Scott Murder trial ending in a hung jury despite video evidence that he was murdered by former Officer Michael Slager.

In quite possibly the last Civil Rights prosecution until the racist Chumph and his minions are removed from office, one small victory.

Sources: Police officer arrested in Walter Scott shooting to plead guilty in federal civil rights case

The former North Charleston police officer who was filmed shooting Walter Scott to death is expected to plead guilty this afternoon in connection with a federal civil rights prosecution, according to multiple sources with knowledge of the case.

Such a plea agreement for Michael Slager, 35, would come on the eve of his trial stemming from the April 2015 killing.

It remains unclear to what charges Slager would plead. In federal court, sentencing also is seldom handed down on the same day as a plea. Instead, probation agents would prepare a pre-sentencing report in the coming weeks, and a judge would decide a penalty later.

The sources confirmed that Slager was scheduled to enter the plea during a 2:30 p.m. hearing at U.S. District Court in downtown Charleston, but they declined to publicly discuss the development until then. The former lawman also could change his mind before the proceeding.

A Scott family spokesman, Ryan Julison, said the loved ones would speak out after the hearing.

Slager could face as little as no prison time and as much as life behind bars on the most serious count against him: deprivation of rights under the color of law. He also is charged with lying to state investigators and using a firearm in a violent crime.

In state court, where a hung jury prompted a mistrial last year, Slager is still charged with murder. It’s unknown whether that case also would be resolved.

Jury selection for the May 15 federal trial had been scheduled for next week.

Today’s pretrial hearing had been set for this morning, but it was rescheduled for the afternoon, according to a Monday filing that did not give a reason for the time change. The hearing was expected to be lengthy, with attorneys offering expert testimony and arguing in front of Judge David Norton about whether certain witnesses should be allowed to testify in the trial.

Slager, who is white, has maintained that he shot Scott, 50, a black man, in self-defense after Scott took his Taser.

But the federal indictment alleged that Slager used excessive force when he opened fire.

The officer pulled over Scott’s car because of a broken brake light on April 4, 2015, and Scott ran. Slager said Scott grabbed the stun gun during a fight.

But the video, filmed by eyewitness Feidin Santana, showed Scott turning around and running as Slager pulled his .45-caliber pistol and started shooting. Five of the eight bullets hit Scott from behind.

Santana called it “abuse,” and his footage captured worldwide attention amid scrutiny of police uses of force against black people.

A jury made up of Charleston County residents last year considered Santana’s and Slager’s views in state court, where the panel could not agree on whether Slager had committed murder, manslaughter or no crime at all.

The jurors for the civil rights proceeding are scheduled to be chosen next week in Columbia from a pool of residents from across South Carolina.

The defense team, led by attorney Andy Savage, had argued that a jury that’s less exposed to intense news coverage of the shooting would give Slager a fairer trial.

 
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Posted by on May 2, 2017 in BlackLivesMatter

 

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Cop Who Murdered Walter Scott Walks Free

As predicted. You pick 11 people at random in the South for a Jury – you are going to get at least 1 racist asshole.

 

 

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Philando Castile Cop Murderer Charged With Manslaughter

Not that I have a lot of faith that the system will actually produce a successful prosecution…But…

Minn. Police Officer Who Killed Philando Castile Is Charged With Manslaughter

The police officer The Driving Life And Death Of Philando Castile who shot and killed Philando Castile in a St. Paul, Minn., suburb in July has been charged with second-degree manslaughter.

Ramsey County Attorney John Choi said the use of force by St. Anthony Police Officer Jeronimo Yanez was not justified. A review of dashboard camera video revealed that “no reasonable officer” would have used deadly force in this circumstance, Choi said.

“Philando Castile was not resisting or fleeing,” Choi added at a press conference Wednesday. “There was absolutely no criminal intent exhibited by him throughout this encounter… he was respectful and complaint … he volunteered in good faith that he had a fire arm beyond what the law requires.”

Castile, a beloved school cafeteria manager, was shot and killed by Yanez during a routine traffic stop. The shooting unleashed days of violent protests in Minnesota.

An NPR review of court records showed that Castile, a 32-year-old black man, had been stopped 46 times before by police.

 
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Posted by on November 16, 2016 in BlackLivesMatter

 

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