this post was submitted on 26 Nov 2023
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[–] [email protected] 29 points 1 year ago (5 children)

Yes, and if he was locked up without due process, it would say something else.

[–] [email protected] 33 points 1 year ago (2 children)

They lock people up without due process awaiting trial all the time though right?

[–] [email protected] 11 points 1 year ago* (last edited 1 year ago) (1 children)

Depends, there's certainly a good argument to be made that the bail system is flawed, etc. But trump was arraigned and is out on bail.

[–] [email protected] 7 points 1 year ago (1 children)

Yes you're right, I forgot about the bail part. And the bail system certainly is flawed. Generally aren't you not allowed to leave your state if you're out on bail?

[–] [email protected] 9 points 1 year ago* (last edited 1 year ago) (1 children)

It depends on the state and the bail conditions, which can be modified. Restrictions are based on priors, flight risk, violent tendency, etc.

That's why the gag orders make the news. To your point, folks would be knocked for shit like that.

This line is being crossed on purpose. He can get his propaganda out, and if he actually gets tagged, that's even better propaganda.

Which sucks. But, I imagine the decision-making by the courts is based on avoiding creating a political prisoner out of him. So, we deal with a flawed system, increase fines, and wait for the process to unfold.

"May we live in interesting times" and all that.

[–] [email protected] 3 points 1 year ago (2 children)

Yes I think I have to agree that (I hope) there is a long game going on where they are minimizing the chance of asking for appeal, a slam dunk case. And of course his base would love nothing more than to have him in prison, as theb he becomes a martyr. For what's its worth id rather live in boring times!

[–] [email protected] 2 points 1 year ago (1 children)

If there's one lesson I've learned in my 48 years, it's that boring moments are underrated and moments are overrated. Everyone says they are bored and want some excitement, but excitement doesn't mean good things. More often than not, it is something bad. I'd rather have a boring day than an exciting one.

I still hope that one day politics will be boring again. No "if the Republican gets into office democracy might fail." No "Trump is calling for the arrest of anyone who spoke up against him." Just "the two major party candidates have differing opinions but both would lead this country competently." Make Politics Boring Again!

[–] [email protected] 2 points 1 year ago

You claim to only have 48 years on this earth, but you talk about getting back to a time that hasn't existed in at least that long. Are you just reminiscing about rose-tinted stories you heard from your elders? The "good times" they want to return to were anything but for many of us.

[–] [email protected] 2 points 1 year ago

Exactly, me too!

[–] [email protected] 1 points 1 year ago (2 children)

They lock people up without due process awaiting trial all the time though right?

No. No they literally do not.

[–] [email protected] 4 points 1 year ago (5 children)

Funny, there's a jail a couple of miles from me full of a few thousand people who would disagree with you.

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[–] [email protected] 3 points 1 year ago (1 children)
[–] [email protected] 2 points 1 year ago* (last edited 1 year ago) (1 children)

How does that show lack of due process? And what do you define as "all the time?"

DeAndre Davis has been waiting 651 days in a Sacramento County jail. Charged with the murder of a 21-year-old man shot during a robbery in 2019, he hasn’t been tried and he hasn’t been sentenced — and he hasn’t even had a preliminary hearing to decide if there’s enough evidence to take him to trial.

For Davis, it’s been an agonizing ordeal made worse by the pandemic. Held without bail because of the severity of the charges

While this is all awful and should all change, it is hardly being held "without due process"

Things can be bad without being the worst thing possible.

[–] [email protected] 5 points 1 year ago (1 children)

Do you not think that being held in jail for 651 days without even a preliminary hearing is lack of due process?

Seems like a violation of the 14th amendment to me.

https://constitution.congress.gov/browse/essay/amdt14-S1-3/ALDE_00013743/#ALDF_00028619

[–] [email protected] 4 points 1 year ago* (last edited 1 year ago) (1 children)

I quoted the part where they're getting due process. What they're not getting is a speedy trial. The reasons for this are a system that's overwhelmed.

Specifically they're being held so long because of a failure in the act of complying with due process.

[–] [email protected] 2 points 1 year ago (1 children)

How is being held in jail without a hearing, for almost 2 years due process? Yes there is a huge issue with the amount of back log in the legal system no doubt. If this person is found to be innocent, or in the preliminary trial found that not enough evidence exists to charge this person, they have not been given due process, if they're lucky they will get a bit of money, while their entire life fell apart around them. They would have been detained in violation of the 14th. That is not due process.

[–] [email protected] 1 points 1 year ago (1 children)

How is being held in jail without a hearing, for almost 2 years due process?

You're waiting on a hearing, which is part of your due process.

Your issue here in conflating that concept with a speedy trial. The system is broken and overloaded in some places, and so compliance there is difficult.

I'm all for prison reform as a whole. I'm for ripping the whole incarceration system out by the roots. But words have actual meanings.

https://www.law.cornell.edu/wex/procedural_due_process#:~:text=Overview,by%20a%20neutral%20decision%2Dmaker.

[–] [email protected] 1 points 1 year ago (2 children)

You're absolutely correct words to have meaning.

-An unbiased tribunal.

  • Notice of the proposed action and the grounds asserted for it. -Opportunity to present reasons why the proposed action should not be taken. -The right to present evidence, including the right to call witnesses. -The right to know opposing evidence. -The right to cross-examine adverse witnesses. -A decision based exclusively on the evidence presented. -Opportunity to be represented by counsel. -Requirement that the tribunal prepare a record of the evidence presented. -Requirement that the tribunal prepare written findings of fact and reasons for its decision.

This is from your source regarding due process.

None of these have happened due to the backlog of cases. As you said, he has not had due process given, because others are delayed in getting their due process. I understand being arrested doesn't mean a trial immediately. But wait times like this are completely criminal.

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[–] [email protected] 27 points 1 year ago* (last edited 1 year ago) (1 children)

Due process does not mean, "scott free until there's a guilty verdict", you utter numpty. These aren't all civil charges.

[–] [email protected] 6 points 1 year ago (1 children)

I suppose being rude makes you feel good, strong, and right.

I know he's rich, but a 200k bail is not Scott free. People pay bail all the time.

[–] [email protected] 10 points 1 year ago (1 children)

When you're rich, $200,000 and "free" are the same thing.

[–] [email protected] 4 points 1 year ago (1 children)

Yes, sure. There are many issues with the bail system, but people should not be locked up without due process. Charges were brought, bail was set, and he's awaiting trial. Time will tell the rest of it, but that's not getting off Scott free.

[–] [email protected] 4 points 1 year ago* (last edited 1 year ago)

Most of us would be held during trial if we threatened the court personnel and violated gag orders the way he has.

But it’s not a criminal trial (yet). We’ll see if that changes in Georgia.

[–] [email protected] 24 points 1 year ago (2 children)

If he wasn't wealthy and white he'd be behind bars right now awaiting trial.

[–] [email protected] 4 points 1 year ago* (last edited 1 year ago) (1 children)

Yes, rich people pay bail all the time. We shouldn't we make a political prisoner because of that.

[–] [email protected] 8 points 1 year ago (1 children)

Bail was literally devised as a means to keep wealthy people out of prison while putting undo burden on working class people charged with the same crime. 100,000 dollars isn't realistic for most people to have available, but wealthy criminals can toss that out like cab fare

[–] [email protected] 1 points 1 year ago (2 children)

Yes, there are issues with the bail system. Although, it's not usually 200k.

But that's not the point. The point is that he's going through the process, and we shouldn't just jail political figures without due process. It's crazy to me how many people can't understand that.

[–] [email protected] 5 points 1 year ago (2 children)

The point is he should be getting the same treatment as anyone else who was being charged as he was. Nobody would be seeing the outside of a courtroom or jail cell with the series of charges against him.

This has nothing to do with how unlikeable he is or his political affiliations. This has everything to do with evidence pointing to him committing a series of crimes. Why should he get to run around free when others in his position would not?

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[–] [email protected] 2 points 1 year ago (2 children)

It's crazy to me how you can't understand how corruption works

[–] [email protected] 2 points 1 year ago (1 children)

You think it's corrupt justice departments pressing charges in multiple states and federally?

[–] [email protected] 3 points 1 year ago (1 children)

I think it's corrupt justice departments keeping him eligible for higher office.

[–] [email protected] 2 points 1 year ago (7 children)

No, that would be the constitution. He can run from prison if he wants.

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[–] [email protected] 2 points 1 year ago (1 children)

He's wealthy and orange though.

[–] [email protected] 1 points 1 year ago* (last edited 1 year ago)

wealthy*

* not really

[–] [email protected] 12 points 1 year ago (4 children)

The wheels of justice grind very slowly. The bigger the case, the longer it takes to build.

But yes, I'm getting impatient. There should be consequences for trying to overthrow the government.

[–] [email protected] 4 points 1 year ago

Yes, fair. I want an air tight case, and that takes time. It's frustrating. But a flimsy case would be worse. Putting him directly into jail would be worse and set a terrible precedent. People seem eager to fall head first into his narrative.

[–] [email protected] 3 points 1 year ago

Not rich people wait in jail while the case is built. They pay outrageously high bonds if they don't wait in jail. This guy has done neither, and is accused of High Treason

[–] [email protected] 2 points 1 year ago

"Justice delayed is justice denied", especially if it's delayed long enough for the defendant to dismantle the justice system itself.

[–] [email protected] 2 points 1 year ago

He should have been arrested on the spot and thrown into gitmo while the courts decide what to do with the body.

[–] [email protected] 2 points 1 year ago (1 children)

I just want him to get the same treatment I would get if I committed a serious crime in broad daylight.

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