The Devil Made Me Do It, your Honor

Updated on February 11, 2021 in General Stuff
7 on February 11, 2021

Are you all buying this defense some of the rioters are making? I personally know the lawyer making this defense as regards a different rioter than the one mentioned below:

Dominic Pezzola, also known as “Spaz,” is one of at least six alleged Proud Boys facing criminal charges stemming from the insurrection by Trump’s supporters at the U.S. Capitol on Jan. 6, which left 5 people dead and interrupted Congress from certifying President Joe Biden’s election victory.

Pezzola’s lawyer Jonathan Zucker, in a court filing earlier on Wednesday, echoed arguments that U.S. House Democrats have made repeatedly this week during Trump’s impeachment trial in the Senate, telling the judge his client was duped by Trump’s lies that the election had been stolen and acted on “delusional belief.”

Pezzola, who he claimed has “minimal” involvement with the Proud Boys, “was one of millions of Americans who were misled by the President’s deception,” Zucker wrote, noting there was “no rational basis for such a claim.”

“Many of those who heeded his call will be spending substantial portions if not the remainder of their lives in prison as a consequence. Meanwhile Donald Trump resumes his life of luxury and privilege,” he added in a footnote.

https://news.trust.org/item/20210210220817-pz76c

Note the disparagement of Trump’s “privilege”. Mind you, this argument is directed to a U.S. Magistrate. I don’t know why she is supposed to be moved by, or even find relevant, the “fact” that Trump is privileged. It’s such a worn out cliché.

Suddenly occurs to me that defense lawyers across the country are in cahoots on this defense. Of course, it will put liberal jurors in an awkward position: they can’t convict the rioters unless they REJECT the notion that Trump  lied  and manipulated them.  It’s one or the other.

 
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2 on February 11, 2021

I’m not buying any of it. But you have to remember as I mentioned before, this is a default criminal trial masquerading as political theater. And a massively flawed criminal trial at that.

In a real criminal trial, lying and passing the buck might possibly result in a more severe sentence. And in these rioters cases, that may still be the case. But in a criminal trial, the bar is reasonable doubt, so maybe not. In any case, a criminal attorney might reasonably think it’s worth a shot.

But in the case of Trump, I still can’t figure out, if convicted, why he just can’t appeal to the Supreme Court saying, “Your Honor, you didn’t show up. Does that mean it wasn’t a court proper and didn’t have any jurisdiction for this action?”.

on February 11, 2021

He can present an appeal, but it won’t be heard. It will just be dismissed. Impeachment and removal from office is deemed a “political question,” because the  official only faces removal from office, not imprisonment, fine, or loss of any property.  To the extent the Senate says “you are hereby removed from office,” he shrugs. ‘”Okay, fine. I left  a month ago.” 

https://law.justia.com/constitution/us/article-2/56-judicial-review-of-impeachments.html

What I think we do not know is, assuming he be convicted by the senate after, can he be elected again? We will say yes, others will say no, and I think the federal courts will have and will exercise  the power to grant (or deny) a request for an injunction to bar him from running.

 

on February 11, 2021

That makes sense. Thanks.

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3 on February 11, 2021

This gets directly to something I’ve been observing for years.

When the nutjob in Arizona went and did some nutjob stuff (the Gabby Giffords shooting), the media went into a frenzy blaming it on Sarah Palin.

When the nutjob in Virginia went and did some nutjob stuff (the Congressional softball practice / Steve Scalise shooting), it was just a nutjob doing nutjob stuff.

Throughout 2020, we saw rioting and looting in multiple cities across the country, with the explicit support of certain politicians.

On Jan 6, we saw a bunch of people getting lathered up and storming the Capitol.

All of which is to say, the idea that political violence/mob intimidation is asymmetric is nonsensical. 

More to the point, the media thinks they can paint that picture…that Jan 6 was a near death experience for democracy itself, but burning/looting/shooting in any other context means nothing…and people will go along with that framing.

Which is to say, my ongoing observation of the absoluteness of media bias being the D’s biggest weakness continues. They are literally incapable of seeing what is plainly in front of their own eyes.

(I wish I had more time to write all of the preceding in a coherent fashion, but I’m pretty backed up so do your best and read between the lines, secure in the knowledge that had I taken the time, you would find it exceptionally insightful. 🙂 )

on February 11, 2021

Trust me, I understand completely.

on February 11, 2021

If I had a brand new red truck, I wouldn’t be here either, LOL.

Actually, I might … driving conditions are not ideal in North Texas right now.

on February 11, 2021

That’s why God made 4 wheel drive.

So when you spin out it’s completely impossible to control.

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