Today we’re going to law school. Because we’re going to need this in the next couple of weeks! The topic is 28 U.S.C. (United States Code) sections 1442 and 1455, which set forth a procedure for moving a criminal indictment brought in state court to federal court “for good cause shown.” This is referred to as “removal,” and although it is attempted with some frequency in civil cases, it is rather rare in the criminal context.
I sure am glad we have one of the best law professors around to explain this stuff to us. I think of myself as being pretty knowledgeable about the operation of the system (for a non-professional), but tonight's discourse was really illuminating and educational. Thanks much!
Thanks for the insights. This is a new potential avenue I hadn’t heard addressed before. And trump never met a delay tactic he didn’t like. This one may be a double edged sword though. Really wish all judges and courts would act with a unique expediency when it comes to any of trump’s obvious stall tactics. The man uses the court system like it’s his personal playground. Some judges have clearly had enough. Hope more do the same. His victims- including the citizens of this country - deserve him to face a jury (ideally more than one for his multiple abuses).
I was watching a clip on Twitter about Lindsay Graham donating 500K and urging other to contribute to Trumps defense fund they are going to stall this through the next election in hope that Trump wins and pardons everyone. This is sickening.
But if his case was moved to Federal Court and he was convicted, is it still considered a state crime? Or would it then be Federal and one he could be pardoned for? I would have never made it through law school.
Got it! Of course he may try knowing it could mean a pardon, but I don’t see how he could prove he was doing legitimate Presidential business. Even though it was a “perfect” phone call. 😹
Isn't it too late to self-pardon? My understanding is that a person can only self-pardon while actually SERVING as President -- i.e., present tense. As I recall, many expected that he would do just that before leaving office. Surprisingly, he did not. Anyway, hopefully it's waaaay too late for that! (Joyce, am I correct?)
Thanks, Joyce. Many obstacles seem to remain even after the eager beaver foreperson was alle over the tv news today. I wish she'd started writing her book instead of letting the big fat cat out of the bag, and as you mentioned possibly jeopardizing the case(s).
As to your ask for paid subscriptions, I for one can testify that I personally have zero misgivings having gone from free to paid subscriber months ago. You put a whole lot of work into each and every one of these updates, so I ENCOURAGE all of you who have yet to change to paid subscribers to jump on that wagon, lest Joyce see that you really don't care about her submissions.
So, please help Joyce out by becoming a paid subscriber. I know she'll appreciate you for it. The End.
Iff he got the trial removed to a federal court and were convicted, a future Republican president would be able to pardon him, no? Wouldn't that be a motivation?
I would think so, and that would certainly be a motivation for trump to try to get it moved. Although I wonder if the current GOP front runner (other than trump), DeSatan, er, I mean DeSantis, would pardon trump.
On the one hand, it would endear him to trump’s base, but on the other hand, those two seem to despise one another...
Although if we end up with a President DeSantis, we will have a lot more serious things to worry about than trump getting a pardon. Under his eye...
I think you are right about trump trying to use any and every delay tactic available. I really wish that young forewoman from the special grand jury had not been so eager to get her “15 minutes “ of fame.
I don’t think it was like that exactly. But I don’t understand how she got away with talking publicly and potentially swaying public opinion. Why did someone not advise you beforehand. Very strange.
Once the indictments roll out, the lawyers will be running in for deals. Who would take the hit for TFG? The classic prisoner’s dilemma applies. I cannot see a situation where they all hold together. Someone will flip, then the next and the next, until Rudy or someone else high up is faced with the possibility of spending the rest of their lives in the state prison. Someone will give up TFG to save their skin.
Thank you so much for the tutorial! A burning OT question: The 41k hours of J6 video. How is it that the tapes are Kevin's to give away? No one is reporting on this aspect. Shouldn't the national archives be in control of the tapes, or the Capitol Police? I may be comparing apples to oranges, but this sounds a lot like the document theft? Thanks for any info, ideas.
Thank you Joyce for your update. This information is unsettling so looks like delay delay delay. It is difficult to watch all this unfold as 2024 fast approaches. Your knowledge and fierce determination to save our democracy is why I’m here 🇺🇸
At times, it seems like the Law protects criminals more than it protects the innocent. So many of the latter are serving time, while many of the former are free to engage in further criminal behavior. Especially with White collar crime.
I sure am glad we have one of the best law professors around to explain this stuff to us. I think of myself as being pretty knowledgeable about the operation of the system (for a non-professional), but tonight's discourse was really illuminating and educational. Thanks much!
You stole the thought right off my keyboard. :-)
Joyce, you are rocking it, as usual. Thank you for this very timely heads-up, with full explanation.
Thanks for the insights. This is a new potential avenue I hadn’t heard addressed before. And trump never met a delay tactic he didn’t like. This one may be a double edged sword though. Really wish all judges and courts would act with a unique expediency when it comes to any of trump’s obvious stall tactics. The man uses the court system like it’s his personal playground. Some judges have clearly had enough. Hope more do the same. His victims- including the citizens of this country - deserve him to face a jury (ideally more than one for his multiple abuses).
Hear! Hear!
Thanks Joyce,
I was watching a clip on Twitter about Lindsay Graham donating 500K and urging other to contribute to Trumps defense fund they are going to stall this through the next election in hope that Trump wins and pardons everyone. This is sickening.
He can't pardon state crimes.
But if his case was moved to Federal Court and he was convicted, is it still considered a state crime? Or would it then be Federal and one he could be pardoned for? I would have never made it through law school.
I thought exactly the same thing! Med school, yes. Difficult, but doable. Law school? NO WAY!
Agree. Because most of what we do and learn in medicine makes sense. There is science behind it. The law, sometimes, not so much.
That would be a federal crime. He could self-pardon. I was assuming he didn't make the case to get to federal court.
Got it! Of course he may try knowing it could mean a pardon, but I don’t see how he could prove he was doing legitimate Presidential business. Even though it was a “perfect” phone call. 😹
so much perfection, the most perfect moron to ever exist.
Made me laugh out loud
He has the perfect inflection of all would-be-emperors. His word is law, ergo the truth.
The only one who could pardon him now is President Biden. Um, I don't think so!
Isn't it too late to self-pardon? My understanding is that a person can only self-pardon while actually SERVING as President -- i.e., present tense. As I recall, many expected that he would do just that before leaving office. Surprisingly, he did not. Anyway, hopefully it's waaaay too late for that! (Joyce, am I correct?)
Interesting about Miss Lindsey: he's now desperately seeking money for his OWN defense fund! Oops. Guess he needs that 500K back!
Thanks for taking us to law school...always fascinating.
Thanks, Joyce. Many obstacles seem to remain even after the eager beaver foreperson was alle over the tv news today. I wish she'd started writing her book instead of letting the big fat cat out of the bag, and as you mentioned possibly jeopardizing the case(s).
As to your ask for paid subscriptions, I for one can testify that I personally have zero misgivings having gone from free to paid subscriber months ago. You put a whole lot of work into each and every one of these updates, so I ENCOURAGE all of you who have yet to change to paid subscribers to jump on that wagon, lest Joyce see that you really don't care about her submissions.
So, please help Joyce out by becoming a paid subscriber. I know she'll appreciate you for it. The End.
Yes, supporting Joyce's level of informed discourse is democracy in action!
Paid Subscriber now & I have been to law school but, very good to before with a Law Professor again.
How neat!
I am still gob smacked that you are still standing after a zillion tv appearances and the knitting exhibit. Thank you
Iff he got the trial removed to a federal court and were convicted, a future Republican president would be able to pardon him, no? Wouldn't that be a motivation?
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LOVED your visual, Sharyn!!! 🙃
Copy and paste Sheila! You’ll need it.
I would think so, and that would certainly be a motivation for trump to try to get it moved. Although I wonder if the current GOP front runner (other than trump), DeSatan, er, I mean DeSantis, would pardon trump.
On the one hand, it would endear him to trump’s base, but on the other hand, those two seem to despise one another...
Although if we end up with a President DeSantis, we will have a lot more serious things to worry about than trump getting a pardon. Under his eye...
I think you are right about trump trying to use any and every delay tactic available. I really wish that young forewoman from the special grand jury had not been so eager to get her “15 minutes “ of fame.
I don’t think it was like that exactly. But I don’t understand how she got away with talking publicly and potentially swaying public opinion. Why did someone not advise you beforehand. Very strange.
Once the indictments roll out, the lawyers will be running in for deals. Who would take the hit for TFG? The classic prisoner’s dilemma applies. I cannot see a situation where they all hold together. Someone will flip, then the next and the next, until Rudy or someone else high up is faced with the possibility of spending the rest of their lives in the state prison. Someone will give up TFG to save their skin.
Joyce, you are a treasure, as usual . Those chickens are lucky. 💕🌿
Excellent analysis. I had not been aware of this removal statute and appreciate learning about it. It’s like trying to catch a greased pig.
Thank you so much for the tutorial! A burning OT question: The 41k hours of J6 video. How is it that the tapes are Kevin's to give away? No one is reporting on this aspect. Shouldn't the national archives be in control of the tapes, or the Capitol Police? I may be comparing apples to oranges, but this sounds a lot like the document theft? Thanks for any info, ideas.
Totally agree with you ... TapeGate has been gnawing away at me!!!
Thank you Joyce for your update. This information is unsettling so looks like delay delay delay. It is difficult to watch all this unfold as 2024 fast approaches. Your knowledge and fierce determination to save our democracy is why I’m here 🇺🇸
A huge reason Trump would chose this path, it would put him on a path to get a pardon from a future Republican president. And he would get it...
He was trying to figure out how to give himself a pardon when he was president.
In this current scenario with the state, he does NOT qualify for a pardon.
While it seems clear, the girl did not break any laws with her comments, all lawyers I saw were just left of BOOM 💥.
Trump will likely go for it. Why does this moron continue to refer to himself in the third person?
Lastly, Barrister Vance does not propose possible moves by Trump without due cause.
Trump is determined to burn this country down.
At times, it seems like the Law protects criminals more than it protects the innocent. So many of the latter are serving time, while many of the former are free to engage in further criminal behavior. Especially with White collar crime.