note to my subscribers, if you see or read anything evidencing huge church bell stones by men or women, send to me to post up! we showcase bravery in this stack; message to Speaker Johnson, FIND yours
Donald Trump has been convicted by a jury in Manhattan. “I was convicted. I’m appealing!” Most of us have a TV legal drama perspective. I rise to shine
light on this process so that we can properly understand how a guilty verdict was reached in a case where Donald Trump did nothing illegal, immoral, or
fattening.
A prosecution must satisfy conditions laid out in the Constitution, which is, should anyone forget, the highest law of the land. It specifies safeguards
for the legal process. In the 5th Amendment, we find “No person… shall be deprived of life, liberty, or property without due process of law…” That due
process is further defined in the 6th Amendment.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein
the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the
accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance
of counsel for his defense. (Emphasis added)
The prosecuting attorney is an officer of the court and is duty-bound to guard these steps carefully. DA Alvin Bragg ran roughshod over them. The judge is
the referee in the court and is obligated at all times to ensure that the defendant’s constitutional rights are fully safeguarded. Under the rule of
lenity, when there is a dispute about the law, his only proper option is to rule in favor of the defendant. This is part of what “due process of law”
(5th Amendment) means.
Should the judge fail in his duty, the trial court will no longer be a lawful trier of law. Such failures constitute “reversible error,” and that’s what
appellate courts consider. They assume, too, that the jury properly considered the facts presented to it. (See the 7th Amendment) Let’s break this down.
The prosecution and the defense will bring in their witnesses and exhibits. If there are objections by one side that the other side is doing something
improper, the judge must rule on the legal propriety of what’s happening. Ultimately, everything that the judge lets through becomes the sole basis for
the jury’s verdict. (Spoiler alert!)
If the judge lets the prosecution run wild while denying the defense its proper rights, the appellate court will reverse the verdict becauase the jury
wasn’t given the facts required to make a proper decision. If the appellate court reverses the trial court, it’s not saying the jury did anything wrong.
It’s saying that the Judge did something (or lots of somethings) wrong. Now that you understand what an appeal is about, let’s go through how DA Bragg and
Judge Merchan screwed the pooch. Bigly.
I won’t bore you with the process Bragg went through to contort the law in bringing charges. He had total control over the indictment, and there are
three key things in it that are important.
First, Michael Cohen submitted every invoice (11 charges). Trump had no control over those. Trump’s bookkeeper, not Trump, made every ledger entry
(12 charges). Only the 11 checks involved Trump, and those simply involved his signature. So, 23 of the charges on which Trump was convicted didn’t
actually involve him.
Next, all 34 of those charges involved actions in 2017. We finally learned in the prosecution’s closing arguments that Trump was somehow committing
election interference by trying to “illegally” keep the public from knowing in 2016 about a sexual tryst that both parties had disavowed multiple times.
That election was a year before any charged items came into existence. Without a time machine, those events could not possibly affect the election. The
entire prosecution is a contradiction.
The biggest legal problem comes from the 6th Amendment. The indictment did not specify which “crime” the bookkeeping issues concealed. That prevented
Trump’s lawyers from presenting a defense. When they pushed to get that information, Judge Merchan denied them. He even went further in the jury
instructions. The jurors were given a list of possibilities. If they thought he was guilty of any of them, they could find against Trump. There is a
suggestion that New York law allows this, but if that’s true, then the statute is unconstitutional. Even Claude.ai recognizes this.
If this interpretation is correct, it represents a serious departure from the fundamental principle that a jury must be unanimous not only in its
ultimate verdict, but in its finding of each essential element of the crime.
Trump was entitled to a trial by an “impartial jury.” Since Manhattan is so solidly Democrat, a change of venue would be necessary. Judge Merchan said,
“No.” So, during jury selection, Trump’s attorneys tried to get rid of people with a bias against Trump. Merchan let them stay. Trump was not allowed to
have an “impartial Jury.”
The 6th Amendment guarantees a “compulsory process for obtaining witnesses in his favor.” Merchan went out of his way to prevent this. First, over defense
objections, he allowed hours of testimony from Stormy Daniels, who knew nothing relevant to the charges. Her only purpose was to be inflammatory.
Merchan then denied Trump’s ability to bring witnesses, particularly former FEC Chair Bradley Smith, who would have told how the FEC had reviewed this
situation and found that it did not violate any law. Instead, Merchan insisted that he would tell the jury what the law was. Merchan effectively barred
testimony from the one witness Trump did manage to call, Robert Costello, by instantly sustaining all objections to virtually any part of Costello’s
testimony. This functionally denied Trump the “assistance of counsel,” as well as a primary witness in his favor.
Steve Calabresi writes in the Volokh Conspiracy that the entire prosecution was based on criminalizing fully lawful speech protected by the 1st
Amendment. Denying an affair, whether true or false, is protected by the 1st Amendment, and Donald Trump had the legal right to contribute any amount he
chose to his campaign (Buckley v Valeo, 1976; Citizens United, 2010).
Merchan’s final major constitutional error was not recognizing that the state law invoked had been superseded by the Supreme Court in Trump v Anderson
just two months before this trial. SCOTUS declared that presidential elections are federal elections and state courts have no jurisdiction over them.
Thus, even if everything alleged by DA Bragg and pushed improperly by Judge Merchan was true, it would not matter. The Manhattan Court had no business
sticking its nose where it did not belong.
Because the jury didn’t get to know any of we’ve discussed, jurors with TDS had no qualms about going with their feelings. They did their job in a
courtroom where the DA and Judge had no respect for the law.
This travesty of justice will be slapped down. Due to severe constitutional errors (I use the word politely because the proper term is NSFW), it seems
likely that removing the appeal to the federal court would be proper. Mark Levin has even suggested an emergency appeal to SCOTUS. I’ll leave those
strategy discussions to people smarter than I am. But it would be poetic justice if Trump takes the oath of office in an orange jump suit days before a
BOOM, again you demonstrate why we need you here and your mind and poise...yes, this will be reversed and I promise, whatever role I have in 45's government, I will do all I could to ensure all are punished, and I mean all...in his first term when I and Atlas joined we entered in COVID and it was different...now we are unshackled, we are going for justice and legal justice...
'This travesty of justice will be slapped down. Due to severe constitutional errors'...could not say it better...
Of course it will be thrown out on appeal, and Trump's attorneys will probably expedite it to the Supreme Court.
This was a malicious prosecution planned far in advance by the commies and marxists who planned all the other cases. It was a coordinated effort ordered by the Obama/Biden regime to smear and bankrupt Trump with the goal of preventing him from having any chance at returning to the White House.
It failed. We are watching the boomerang effect. The leftist traitors have dug their OWN grave. And that's where they all need to be.
If Trump wins his appeal, is the "state appointed court" responsable to pay back his legal fees? Because, if the court has no responsability in this regard, they can bankrupt him easily by continued harrasment and "trumped up fake charges"
Trump 2.0 is going to destroy them...watch him, watch what he says, the calm, the poise...he is coming this time for justice...he is coming to safeguard his children when he leaves this world, his grand children, thats a different animal.
If only Trump (or anyone else) could sue a judge, DA, or prosecutor for legal fees incurred as a result of malicious prosecution. Unfortunately I believe they are all protected by sovereign immunity.
Merchan should be removed from the bench, though, for good cause. I don't see that happening in NYS, however.
Excellent summation. Thank you Petzampz. Sadly, Given New Yorks reputation for being the most corrupt place on earth , I am sure you could swing a dead cat and hit a dozen court judges of the same caliber.
A former Democrat Governor of New York said that? Why? What is he afraid of? Sure, it's the truth that the trial was a rigged setup. But does he recognize Biden as a legitimate President? Does he acknowledge the 2020 election was ALSO rigged and stolen from the American people?
The criminal regime known as the "biden admin" are the real enemy of this country, and are committing treason against America EVERY DAY right in our faces.
In my opinion, MTG has far bigger balls than this wimp Dem former Governor.
Here is your requested AMEN! Doc. Say, the conviction against Donald Trump was in part "for attempting to affect the outcome of an election" was it not? Well, any SANE person with ANY brain function realizes that the prosecution of Trump by the Democrats and their rats is solely for the purpose of attempting to change the outcome of an election...how hard would this be to prove with a jury of several million? The 'jury' has already spoken...$200,000,000.00 worth of verdict raised already? The jury selection has been pathetic...try using one-half the population of the U.S.A. for a jury and the outcome is acquittal for 45. Hanging for Merchan and Bragg and their boss, life in prison for the rest, for attempting to change the outcome of an election.
We are not at war with people in or out of government, we are in a spiritual war against evil. We should never bow down to men only God because God is who will get us out of this war of good against evil. The more I see the more I believe what is happening is, people who are trying to destroy us have made a pact with the devil. I see transgender, the pope, rise in pedophilia, gay pride month, the wars over seas, its all evil by design, period.
I draw an analogy here to the French during the revolutionary war. They weren’t going to jump in until they were convinced George Washington’s army was in it to win it. Maybe a few dems think the republicans have finally grown a pair. I wish I felt the same.
Trump was criminal and deserved what he is getting. Patterson's critical statement had to do with worrying that 'turn around is fair play!' This in essence is the game where the crooks all cover each others asses and it keeps the game going. Trump ran on his cleaning the swamp rhetoric and now he is seeing how he IS the swamp and is being treated that way. So let's gut the crap and take the licks and move on-hopefully learning something that will improve the country's situation.
This sums up the corrupt unconstitutional show trial:
https://www.americanthinker.com/articles/2024/06/essential_information_for_understanding_why_trump_s_appeal_will_succeed.html ***
Donald Trump has been convicted by a jury in Manhattan. “I was convicted. I’m appealing!” Most of us have a TV legal drama perspective. I rise to shine
light on this process so that we can properly understand how a guilty verdict was reached in a case where Donald Trump did nothing illegal, immoral, or
fattening.
A prosecution must satisfy conditions laid out in the Constitution, which is, should anyone forget, the highest law of the land. It specifies safeguards
for the legal process. In the 5th Amendment, we find “No person… shall be deprived of life, liberty, or property without due process of law…” That due
process is further defined in the 6th Amendment.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein
the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the
accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance
of counsel for his defense. (Emphasis added)
The prosecuting attorney is an officer of the court and is duty-bound to guard these steps carefully. DA Alvin Bragg ran roughshod over them. The judge is
the referee in the court and is obligated at all times to ensure that the defendant’s constitutional rights are fully safeguarded. Under the rule of
lenity, when there is a dispute about the law, his only proper option is to rule in favor of the defendant. This is part of what “due process of law”
(5th Amendment) means.
Should the judge fail in his duty, the trial court will no longer be a lawful trier of law. Such failures constitute “reversible error,” and that’s what
appellate courts consider. They assume, too, that the jury properly considered the facts presented to it. (See the 7th Amendment) Let’s break this down.
The prosecution and the defense will bring in their witnesses and exhibits. If there are objections by one side that the other side is doing something
improper, the judge must rule on the legal propriety of what’s happening. Ultimately, everything that the judge lets through becomes the sole basis for
the jury’s verdict. (Spoiler alert!)
If the judge lets the prosecution run wild while denying the defense its proper rights, the appellate court will reverse the verdict becauase the jury
wasn’t given the facts required to make a proper decision. If the appellate court reverses the trial court, it’s not saying the jury did anything wrong.
It’s saying that the Judge did something (or lots of somethings) wrong. Now that you understand what an appeal is about, let’s go through how DA Bragg and
Judge Merchan screwed the pooch. Bigly.
I won’t bore you with the process Bragg went through to contort the law in bringing charges. He had total control over the indictment, and there are
three key things in it that are important.
First, Michael Cohen submitted every invoice (11 charges). Trump had no control over those. Trump’s bookkeeper, not Trump, made every ledger entry
(12 charges). Only the 11 checks involved Trump, and those simply involved his signature. So, 23 of the charges on which Trump was convicted didn’t
actually involve him.
Next, all 34 of those charges involved actions in 2017. We finally learned in the prosecution’s closing arguments that Trump was somehow committing
election interference by trying to “illegally” keep the public from knowing in 2016 about a sexual tryst that both parties had disavowed multiple times.
That election was a year before any charged items came into existence. Without a time machine, those events could not possibly affect the election. The
entire prosecution is a contradiction.
The biggest legal problem comes from the 6th Amendment. The indictment did not specify which “crime” the bookkeeping issues concealed. That prevented
Trump’s lawyers from presenting a defense. When they pushed to get that information, Judge Merchan denied them. He even went further in the jury
instructions. The jurors were given a list of possibilities. If they thought he was guilty of any of them, they could find against Trump. There is a
suggestion that New York law allows this, but if that’s true, then the statute is unconstitutional. Even Claude.ai recognizes this.
https://zarkfiles.substack.com/p/what-about-merchans-jury-instructions
If this interpretation is correct, it represents a serious departure from the fundamental principle that a jury must be unanimous not only in its
ultimate verdict, but in its finding of each essential element of the crime.
Trump was entitled to a trial by an “impartial jury.” Since Manhattan is so solidly Democrat, a change of venue would be necessary. Judge Merchan said,
“No.” So, during jury selection, Trump’s attorneys tried to get rid of people with a bias against Trump. Merchan let them stay. Trump was not allowed to
have an “impartial Jury.”
The 6th Amendment guarantees a “compulsory process for obtaining witnesses in his favor.” Merchan went out of his way to prevent this. First, over defense
objections, he allowed hours of testimony from Stormy Daniels, who knew nothing relevant to the charges. Her only purpose was to be inflammatory.
Merchan then denied Trump’s ability to bring witnesses, particularly former FEC Chair Bradley Smith, who would have told how the FEC had reviewed this
situation and found that it did not violate any law. Instead, Merchan insisted that he would tell the jury what the law was. Merchan effectively barred
testimony from the one witness Trump did manage to call, Robert Costello, by instantly sustaining all objections to virtually any part of Costello’s
testimony. This functionally denied Trump the “assistance of counsel,” as well as a primary witness in his favor.
Steve Calabresi writes in the Volokh Conspiracy that the entire prosecution was based on criminalizing fully lawful speech protected by the 1st
Amendment. Denying an affair, whether true or false, is protected by the 1st Amendment, and Donald Trump had the legal right to contribute any amount he
chose to his campaign (Buckley v Valeo, 1976; Citizens United, 2010).
Merchan’s final major constitutional error was not recognizing that the state law invoked had been superseded by the Supreme Court in Trump v Anderson
just two months before this trial. SCOTUS declared that presidential elections are federal elections and state courts have no jurisdiction over them.
Thus, even if everything alleged by DA Bragg and pushed improperly by Judge Merchan was true, it would not matter. The Manhattan Court had no business
sticking its nose where it did not belong.
Because the jury didn’t get to know any of we’ve discussed, jurors with TDS had no qualms about going with their feelings. They did their job in a
courtroom where the DA and Judge had no respect for the law.
This travesty of justice will be slapped down. Due to severe constitutional errors (I use the word politely because the proper term is NSFW), it seems
likely that removing the appeal to the federal court would be proper. Mark Levin has even suggested an emergency appeal to SCOTUS. I’ll leave those
strategy discussions to people smarter than I am. But it would be poetic justice if Trump takes the oath of office in an orange jump suit days before a
federal court vacates the verdict.
BOOM, again you demonstrate why we need you here and your mind and poise...yes, this will be reversed and I promise, whatever role I have in 45's government, I will do all I could to ensure all are punished, and I mean all...in his first term when I and Atlas joined we entered in COVID and it was different...now we are unshackled, we are going for justice and legal justice...
'This travesty of justice will be slapped down. Due to severe constitutional errors'...could not say it better...
Fantastic presentation, petzanpz! Well and comprehensively done.
yes
Thank you but I didn't write it. All credit goes to the author over at American Thinker.
Dr. Noel but our sites and folk like you help orient us
Thank you for sharing it.
huge hugs
Of course it will be thrown out on appeal, and Trump's attorneys will probably expedite it to the Supreme Court.
This was a malicious prosecution planned far in advance by the commies and marxists who planned all the other cases. It was a coordinated effort ordered by the Obama/Biden regime to smear and bankrupt Trump with the goal of preventing him from having any chance at returning to the White House.
It failed. We are watching the boomerang effect. The leftist traitors have dug their OWN grave. And that's where they all need to be.
yes, saying: when you go to kill your enemy and walk with your shovel, dig 2 holes, one for you...I hope the left understand this means them
100%
boom
If Trump wins his appeal, is the "state appointed court" responsable to pay back his legal fees? Because, if the court has no responsability in this regard, they can bankrupt him easily by continued harrasment and "trumped up fake charges"
Trump 2.0 is going to destroy them...watch him, watch what he says, the calm, the poise...he is coming this time for justice...he is coming to safeguard his children when he leaves this world, his grand children, thats a different animal.
If only Trump (or anyone else) could sue a judge, DA, or prosecutor for legal fees incurred as a result of malicious prosecution. Unfortunately I believe they are all protected by sovereign immunity.
Merchan should be removed from the bench, though, for good cause. I don't see that happening in NYS, however.
congress can impeach etc and things can be done, all those machinations taking place as we speak
Happy (and relieved) to hear that.
Sadly I think he would have to sue to get those legal fees back....The same judges that would convict him for spitting would rule against him.
Excellent summation. Thank you Petzampz. Sadly, Given New Yorks reputation for being the most corrupt place on earth , I am sure you could swing a dead cat and hit a dozen court judges of the same caliber.
That's why the supreme court must step in and end this insanity!
exactly
A former Democrat Governor of New York said that? Why? What is he afraid of? Sure, it's the truth that the trial was a rigged setup. But does he recognize Biden as a legitimate President? Does he acknowledge the 2020 election was ALSO rigged and stolen from the American people?
The criminal regime known as the "biden admin" are the real enemy of this country, and are committing treason against America EVERY DAY right in our faces.
In my opinion, MTG has far bigger balls than this wimp Dem former Governor.
MTG has church bell balls....but this guy is a democrat in was NY governor...he is sending a message
Amen!
Agree with you Geezermann👍
It seems it takes a brave woman to fight the monster!
https://rumble.com/v4zjy7h-mtg-we-need-a-complete-change-of-mindset-in-republicans-in-washington-dc-an.html
https://rumble.com/v4zjxo3-rep.-mtg-our-appropriation-bills-dont-mean-shit-unless-the-speaker-of-the-h.html
boom
Here is your requested AMEN! Doc. Say, the conviction against Donald Trump was in part "for attempting to affect the outcome of an election" was it not? Well, any SANE person with ANY brain function realizes that the prosecution of Trump by the Democrats and their rats is solely for the purpose of attempting to change the outcome of an election...how hard would this be to prove with a jury of several million? The 'jury' has already spoken...$200,000,000.00 worth of verdict raised already? The jury selection has been pathetic...try using one-half the population of the U.S.A. for a jury and the outcome is acquittal for 45. Hanging for Merchan and Bragg and their boss, life in prison for the rest, for attempting to change the outcome of an election.
once we get courts to handle it, and proper judges and juries saying hanging is in order, yes, hang them all
We are not at war with people in or out of government, we are in a spiritual war against evil. We should never bow down to men only God because God is who will get us out of this war of good against evil. The more I see the more I believe what is happening is, people who are trying to destroy us have made a pact with the devil. I see transgender, the pope, rise in pedophilia, gay pride month, the wars over seas, its all evil by design, period.
yes, speech sister, speech! love it.
Well, this is only one of the dirty things Democrats are doing.
Ultimately, they will kill our President Trump to “save our democracy”, with practically all evil Democrats being on the same page.
We have to fight back before it’s too late.
yes, they will try to take his life...we are concerned and taking steps
I draw an analogy here to the French during the revolutionary war. They weren’t going to jump in until they were convinced George Washington’s army was in it to win it. Maybe a few dems think the republicans have finally grown a pair. I wish I felt the same.
boom
Amen Brother!!! :)!!! And Awomen too Sista!!! :)!!! Good to see someone not lying!!! Anyone that is, is losing their credibility.
https://x.com/SpartaJustice/status/1798306450730844423
https://x.com/OlooneyJohn/status/1798141267861557663?cn=ZmxleGlibGVfcmVjcw%3D%3D&refsrc=email
https://mises.org/mises-wire/lesson-trump-conviction?%5BLIST_EMAIL_ID%5D
https://www.theblaze.com/columns/opinion/republicans-exact-a-political-price-on-democrats-or-accept-irrelevance?
https://peternavarro.substack.com/p/peter-navarros-latest-op-ed-in-the?
https://public.substack.com/p/our-spy-and-intelligence-agencies?
https://billricejr.substack.com/p/dr-pepper-is-more-trusted-than-dr?
https://thecountersignal.com/liberals-oppose-revealing-mps-accused-of-treason/?
Mike Johnson will be remembered as the biggest COWARD in HOUSE SPEAKER HISTORY. SWAMP BABY 🍼🍼🍼🍼
Trump was criminal and deserved what he is getting. Patterson's critical statement had to do with worrying that 'turn around is fair play!' This in essence is the game where the crooks all cover each others asses and it keeps the game going. Trump ran on his cleaning the swamp rhetoric and now he is seeing how he IS the swamp and is being treated that way. So let's gut the crap and take the licks and move on-hopefully learning something that will improve the country's situation.
President son is free and clear.
He’s of a different party.
Let’s hope the boomerang effect takes place and that republicans have the stones to follow through!