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Opinion | Trump’s Running and the Feds Are Coming: What the Next Two Years Will Look Like Legally — Politics, Policy, Political News Top Stories
I found this Opinion piece, written by Politico, to be very informative.
I do have one disagreement, and that’s with the last paragraph. To the best of my knowledge, based on case decisions that I’ve read regarding sentencing, sentences of supervision are not considered a conviction for purposes of disqualifying a defendant from exercising Constitutional rights, such as owning a firearm, voting, and running for public office. A felony conviction disqualifies the person from doing those things. In this matter specifically, if Donald Trump is convicted of a felony, he would not be allowed to run for public office.
The entire article has 9 bullet points. It’s an excellent read.
Donald Trump announced his third run for president Tuesday night in a move that was widely perceived as a gambit to stave off a federal criminal indictment. It won’t work. Trump is likely to be indicted by the Department of Justice, making him the first former president to campaign for the White House while facing charges. The historic nature of this scenario seems fitting for a candidate who has defied every norm of American politics during his seven-year career in public life. While unprecedented, there are certain realities of federal prosecutions that offer a useful roadmap for how the next two years will likely play out in the courts.
1. Will Trump’s announcement affect the Justice Department’s decision to indict him?
Not really. Donald Trump was the immediate past president and one of the most well-known and controversial politicians in the United States. He has been widely regarded as the de facto leader of the Republican Party and a likely nominee. DOJ would not have opened a criminal investigation into Trump if they weren’t willing to consider indicting him.
In other words, the fallout of a potential indictment of Trump was already baked in to DOJ’s decision-making. Even if Trump hadn’t announced, they would have faced the same criticism, and Trump would have likely argued
2. When would the DOJ issue an indictment?
I wouldn’t be surprised if the Justice Department waited until after the Georgia Senate runoff on Dec. 6 to make any overt steps — an indictment, execution of another search warrant or an arrest. Once that political event has passed, charges could come before or after the holidays.
that he was indicted to deter him from announcing his candidacy in the future.
Opinion | Trump’s Running and the Feds Are Coming: What the Next Two Years Will Look Like Legally — Politics, Policy, Political News Top Stories
According to the ATF, if convicted of a felony criminal offense, you are not allowed to legally purchase firearms.
We have the 2nd Amendment, but we also have diversion programs in the criminal justice system.
Sentencing to diversion programs make it impossible for background checks to report actual cases where defendants plead guilty to a lesser offense to avoid having a felony conviction.
One example is Frank James. In April, 2022, Frank James opened fire in the Brooklyn, New York subway, wounding ten (10) people.
When this story was in the news, a reporter asked if it was known how Frank James legally purchased the gun. The answer was that James had not been convicted of a felony.
In 1995 while living in Irvington, NJ, James was charged with one count of making terroristic threats; a felony. He was allowed to plea down to harassment, a misdemeanor, and sentenced to one year of probation.
What we see is a person who was charged with a felony, who plead down to a misdemeanor, and because that was allowed by prosecutors, he was able to legally purchase a gun that he used to wound 10 human beings. Read the rest of this entry
Okayokayokay. That doesn’t mean that I think Will Smith’s response was right. This isn’t an either-or where we should pick one person out as being right and the other wrong. Both were wrong, with Chris Rock being the instigator.
I love movies (some more than others) and look forward to the Academy Awards each year. 2022 was no different. What seems to be the major event of this year’s ceremony is not the actors, directors, etc., that received awards, but the slap that Will Smith gave to Chris Rock.
What I’ve notice since the slap is that many are supporting Chris Rock. That’s okay if they think he is a victim. What’s not okay is having double standards. This is what I mean …
Chris was on stage to present an Oscar winner when he took time to joke first and said to actress Jada Pickette-Smith,
“Jada, I love you. GI Jane 2, can’t wait to see you,”
Pinkett Smith announced she had shaved her head last year after being diagnosed with alopecia. She did not shave her head to play a movie role. Jada was not in the 1997 movie “GI Jane”. In that film, actress Demi Moore shaved her head to play the role.
Jada shaved her head because of a medical condition. That is why it’s my position that Chris Rock was disrespectful, degrading, and flat-out wrong.
On July 27, 2010, a new life came into the world. It was small, warm, furry, helpless. Seven weeks later, it was at an adoption shelter. All that the staff knew was that the furry little girl’s mom was a Siberian Huskie. (We would later discover that her dad was a Boxer.) She had a brother and sister and her sister was also up for adoption, but when I played with her, she wasn’t interested. When I played with the puppy the shelter had named “Kim”, I asked her to give me a sign if she wanted to come home with me. She jumped on me and kissed me one time on the face. That was my sign. I took her home. On November 18, 2021, as she heard comforting and apologetic words, she again gave a kiss and went to her home on the Rainbow Bridge.
Zenamarie (also known as “Miss Z), was a playful, joyful dog. Her mix combo, called Boxsky was more than a handful. She was inquisitive, and as you can see in the above photo, she looked as if she had all wisdom.
Miss Z learned very quickly. She was totally housebroken in 3 weeks. Most times, she was very obedient – always obedient when it came to sit, lay, high-five, shake paw. She wasn’t so obedient when it came to not barking.
As the years went by, her black and brown muzzle turned white. It’s strange seeing your furry face age. She hadn’t slowed down her playfulness until she was 5-years old, only reducing it to about 10 minute increments. The life span for her breed mix is 10 years. I was blessed with having her in my life for an additional year.
Miss Z loved her backyard. She played ball in her yard. She chased squirrels in her yard. She chased rabbits in her yard. She pounced on a ground hog in her yard — and she was skunked in her yard. Once, she stopped a burglar of my neighbor’s house who, hearing her bark in his direction, left the television he was stealing on the ground and hauled ass.
Last year she developed fatty masses. They seem to all appear overnight. A trip to the Vet, and they were tested, coming back fatty masses — nothing to worry about. I did begin giving her a teaspoon of olive oil daily and they began to shrink.
On August 30, 2021, Illinois Governor JB Pritzker signed an Executive Order that states in pertinent part;
THEREFORE, by the powers vested in me as the Governor of the State of Illinois, pursuant to the Illinois Constitution and the Illinois Emergency Management Agency Act, 20 ILCS 3305, Sections 7(1), 7(2), 7(3), 7(8), 7(12), and Section 19 thereof, and consistent with the powers in public health laws, I hereby order the following effective immediately:
Section 1: Face covering requirements for individuals. Beginning on Monday, August 30, 2021, all individuals in Illinois who are age two or over and able to medically tolerate a face covering (a mask or cloth face covering) shall be required to cover their nose and mouth with a face covering when in an indoor public place. Illinoisans should also consider wearing a mask in crowded outdoor settings and for activities that involve close contact with others who are not fully vaccinated.
Face coverings may be removed temporarily while actively eating or drinking (including in bars or restaurants), and may be removed by workers at workplaces when they can consistently maintain six feet of distance (such as when workers are in their office or cubicle space).
You can read the full Executive Order at this link.
On Monday, November, 1, 2021, my son took me on errands. It was around 5:10 p.m. when we finished up. I told him that I was hungry but too tired to cook and wanted something other than a burger and fries. We decided to go to Culver’s and the closest one is at 1224 Benington Road. I like their cod dinners and they have broccoli as a side. Because I’m allergic to soy bean oil, (in addition to other things), I’m very limited to what I can eat when ordering out.
The drive-thru was very long and it didn’t look as if the cars were moving, so we parked in the lot and went in. The man greeting us from behind the counter had on a mask that was below his mouth. (Let’s call him Head Person In Charge (HPIC)) If not but for the fact that it was rush-hour (so other places would also be crowded), and the allergies, and I was hungry and tired, I would have turned around and walked out. I stood back from the counter as far as I could. Read the rest of this entry
I received this last month. Nine years! It seems like yesterday, but it also seems like 9 years ago. I’m 9 years older now and just had the third year anniversary of being a breast cancer survivor. I’ve not consistently blogged since 2018. With each month, I intend to get back to a schedule so I can read blogs I follow; so I can comment on them; so I can continue making new blogging friends. Each month goes by and rather than finding more time to spend on Word Press, there is less time. However, I’ve not given up hope.
Currently, I’m working on something that if resolved, should help thousands of senior citizens in the State of Illinois. Since May, it has taken up much of my time. More and more, I lose faith in the powers that be. They are only as good as their gatekeepers. We have come to a time when those holding positions with government agencies, including agencies headed by an elected official, do not provide email addresses to anyone specific in their office. It’s a general email account and if you do get a reply, it’s from someone who is anonymous.
At times I’ve considered they don’t want to give their name because if the elected official runs for re-election and the matter they disregarded is made public, they can deny having any knowledge.
Don’t worry. After I’ve exhausted all options, I will write a post about it naming names, giving credit where it is deserved, and those who failed to do their jobs.
I think that I have PTSD after four years of Trump’s lies. There are also times when I know I feel too deeply and try too hard to understand people who disrespect the lives of others. Yes – I’m talking about people who rebelled against Executive Orders by Governors to wear masks in public. They argue with store clerks, (and even killed at least one), and get in the faces of those wearing masks. I hurt for nurses, doctors, and hospital staff overall. They need a break and not only that, but people who need surgery and treatment for serious health matters have waited over a year, while hospital beds fill-up with people who won’t wear masks in public and won’t get vaccinated..
Getting off that soap box and back on the subject of blogging, it hasn’t helped that Word Press changed to a block editor. I really wish that Word Press would have given us a choice to keep the classic editor without having to work-around the block editor. Much of my hesitation to write a blog post is because of getting around the block editor.
I do not know if the block editor is the reason I also have problems reblogging others. Most times, I have to go to the reader, search for the post, and click to reblog from there because the button doesn’t work on the actual blog post.
Overall, I’ve had a wonderful time blogging and I miss communicating with so many of you. Here’s looking forward to having more time to spend with you.
Thanks for this post. I heard that Guyer filed an appeal, but I did not know the appellate court’s decision. Thanks for informing us.
Regarding the release of the personal and private information of jurors who convicted Chavin’, there is absolutely no logical reason for the court to unseal that information. If any juror wanted to talk to the media, they would have reached out to them already.
You may remember the killing of a Black man, Botham Jean on September 6th, 2018, but in case you’ve forgotten, allow me to refresh your memory.
Mr. Jean, a college graduate and an accountant, was sitting in his living room on the 4th floor of his apartment building watching television and eating ice cream on that fateful evening. Dallas police officer Amber Guyger was off duty and returning home from her shift. Her apartment was one floor below Mr. Jean’s, on the third floor, but she somehow mistakenly went to the 4th floor and allegedly believed Mr. Jean’s apartment was her own. She claims that his door was ajar, she assumed there was a burglar inside, and when she entered and saw him sitting there, she shot him dead. When she called police, the dispatcher asked for her location, and she had to go look at…
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This month our nation exceeded 25,000 years lost to wrongful convictions. The human suffering associated with the wrongful conviction and imprisonment of 2,795 innocent people is incalculable. Without the research and reporting of the National Registry of Exonerations (NRE), we likely would not know of or comprehend the truth or implications of this horrific milestone.
The report, “25,000 Years Lost to Wrongful Convictions” released today quantifies the reality of a justice system making its most egregious error: convicting an innocent person. The NRE defines an exoneree as a “person who was convicted of a crime and later officially declared innocent of that crime, or relieved of all legal consequences of the conviction because evidence of innocence that was not presented at trial required reconsideration of the case.”
The NRE has focused on exonerations since 1989. Here are a few highlights from the report:
• On average, each exoneree spent more than 8 years and 11 months in prison before release. Black exonerees spent 10.4 years in prison on average, whereas white exonerees spent an average of 7.5 years. Averages alone do not immediately reveal, for example, that 183 people spent 25 years or more in prison before they were exonerated of crimes they did not commit.
• Innocent Black defendants served a majority of the prison time, 14,525 of the 25,004 years at the writing of the report.
I like what you shared about Eleanor Roosevelt. She did some amazing things for the Tuskegee Airmen.
This post goes on to begin the rough draft of my current non-fiction WiP, Baby Acres: A possible Vision for Making Society Suck Less, in 60 Years. (Thanks, once again, to JYP and Tammy for the title ideas!!) The overall goal has been to lay out a roadmap for a fully inclusive society for all of us, so, I am turning, this week, to the introductory chapter, Chapter 0, of the book, in the hope that All HumanKind will eventually have each person’s basic needs met. This book lays out one possible path for getting to that point.
Introduction: Empathy-building as an ongoing part of all
Having cited some of the reasoning which led up to the inception of this project, we now delve into the foundational concepts behind each phase. Empathy-building, through various means, is a continual part of each phase, as without empathy, no…
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Minneapolis ex-cop Derek Chauvin was convicted of 2nd degree murder, 3rd degree murder, and 2nd degree manslaughter for killing George Floyd. On April 30, 2021, state prosecutors and Chauvin’s defense attorney argued in separate filings whether certain conditions should be considered in Chauvin’s sentencing. The prosecution’s filing argues 5 aggravated factors for consideration. Chauvin is scheduled to be sentenced on June 16 or 25, 2021, depending on what source you read. Chavin’s opposition for aggravating sentencing factors is linked here.
On May 4, 2021, Chauvin’s defense attorney filed a motion for a new trial. The motion is linked here.
I noticed on Twitter that some of Chauvin’s supporters represent the motion is for a mistrial or dismissal, and their presentation is focused on a juror attending a protest. Chauvin’s motion is for a new trial — a do-over. According to the Minnesota Rules for Criminal Procedure, Post Verdict Motions;
“A motion for new trial must be based on the record. Pertinent facts that are not in the record may be submitted by affidavit, or statements signed under penalty of perjury pursuant to Minnesota Statutes, …”
To get the court to consider the juror, Chauvin must produce affidavits, or statements signed under penalty of perjury. If I remember my teachings correctly, it cannot be hearsay. In other words, the statement must come from the juror or someone with direct knowledge that the juror was biased against Chavin and dishonest in his juror questionnaire. It must be signed under penalty of perjury. I do not think that a video of the juror and a photo taken from social media will substitute for sworn testimony. Of course, this is too long to put in a tweet. Anyway, we shall see what the court decides.
Stay safe. Wear a mask when out in public. Get vaccinated for Covid-19. Be blessed.
There was a time when I followed trials and posted daily on this blog the videos or reports of what happened in court. Although I still follow trials, I’m no longer able to write daily posts.
I watched former Minneapolis, MN police officer Derek Chauvin’s trial. When I was unable to watch live, I recorded it and watched in the evening. The two most impressive witnesses for the prosecution, in my opinion, were George Floyd’s girlfriend Courtney Ross, and pulmonary expert Dr. Martin Tobin.
Courtney Ross extinguished all demonizing of George’s opiate addiction. Dr. Tobin calmly explained how George died, even pointing out when his brain stopped receiving oxygen and his body went into seizure.
In this case, Derek Chauvin was held accountable for his decisions and actions that caused the death of George Floyd. As his eyes darted back and forth, up and down, Chauvin heard verdicts on three counts; 2nd degree murder, 3rd degree murder, and 2nd degree manslaughter — all guilty. He opted to have the judge decide his sentencing, which is scheduled 8 weeks from now.
The below video is the reading of the verdict. George, you are now free to rest in peace.
Just wondering out loud …
Thursday, I received my first dose of the Moderna vaccine. None of the vaccines are 100 percent effective. That is one reason why we still need to wear masks until everyone is vaccinated — but I don’t see that happening.
Because I’m prone to allergies, I had the vaccination in a Prompt Care facility and had to wait a half hour after the vaccination before I could leave. While waiting, I wondered if America is doing the right thing by sending vaccinations to other countries now.
According to the CDC, no one knows how long the vaccinations will protect us. Three months? Six months? Twelve months? More than a year? No one knows. We’ve not had and tested Covid-19 vaccinations long enough to know. So, what happens if we find that vaccinations only protect us for 6 months, and we don’t have a supply to re-vaccinate all Americans who want to be vaccinated?
As many of you probably know, in September 2018, I was diagnosed with metastatic breast cancer; Her2 positive cancer cells. It’s a progressive cancer, but thankfully there are two immunology drugs for treatment. As of March 1, 2021, I am now 2 years NED (No Evidence of Disease).
Sadly, my heart hurts for those still on the journey, and those whose journey ended.
Some of you might know Michael Hulshof-Schmidt. His blog is Social Justice For All. Michael’s husband is leaving the blog up, and I am grateful for that.
I don’t quite remember when it was that Michael and I met. It may have been in 2013 or 2014, but we became blogging buddies. Michael went through chemo for colon cancer, a massive heart attack, and then the cancer recurred in his liver. He put up a courageous fight, but on January 30, 2021, he transitioned.
Then there are other courageous people on the journey who find time to encourage others, such as Ilene of the Cancer Bus.
Now, I’m on conservative follow-up of every 6 months. My cancer marker tests have consistently scored 17 for over a year now. Any score under 30 is good. Meanwhile, I had surgery on my left foot in February and currently have sterile-strips on my big toe. Hopefully, I’ll be able to wear a closed-in shoe in a week. Read the rest of this entry
What we witnessed on February 13, 2021 with Mitch McConnell’s reason for voting not guilty in the impeachment trial of ex-president Donald Trump, is the Senate playing the Judicial Branch.
The question on whether the Senate had jurisdiction to hold impeachment trial was raised, and voted on. The Senate’s vote was that it had jurisdiction.
In a regular court of law, once a judge has ruled, the issue can no longer be argued, and jurors are instructed not to consider the issue during deliberations. However, the Senate is not a court of law. Mitch McConnell disregarded the majority Senate vote and used the issue of constitutional jurisdiction to acquit ex-President Donald J. Trump.
The argument over whether the Senate has jurisdiction to hold an impeachment trial for a government official no longer in office, is over a hundred years old. In 1862, it was federal judge West Hughes Humphries. In 1876, it was Secretary of War William Belknap. So, why hasn’t a federal court settled the question? Read the rest of this entry
Wonderful! I almost fell off my chair when I saw the photo from Twilight: Breaking Dawn 1.
Today, Joseph R. Biden Jr. was sworn in as the 46th President of the United States. Kamala D. Harris was sworn in as Vice President of the United States. There are many things to be proud of with this administration. When watching the swearing-in, I first sighed. It was a sigh of relief. No longer will Americans hear outright lies from the President of the United States, such as Covid-19 being no worst than a bad cold or the flu.
After I sighed, I cried, overwhelmed with a sense of relief, of honor, and a renewal in hope for our nation.
Congratulations Mr. President and Madame Vice President.
In August, 2008, they started pouring-in. The “they” were “birther” cases arguing that Barack Obama was disqualified from being President of the United States on the allegation that he is not a “natural born” United States Citizen. As late as November 2010, the SCOTUS was still dismissing such cases. If anyone is interested in the majority of cases, there is a good list on Wikipedia.
The other day, Twitter was buzzing about the Attorney General for the State of Texas petitioning the Supreme Court of the United States to overturn election results in four states. In response to one such tweet, I tweeted the following;
Trump culture has made things unpredictable. After the death of Justice RBG, Trump’s brazenness to quickly appoint a Justice to the Supreme Court on the basis that he needed nine Justices to decide election controversies, made many voters nervous. I hoped that judges and Justices would adhere to the basic requirements before they hear a case.
Regardless of their arguments, Plaintiffs have to meet a requirement in order for any court to hear their claims. That requirement is “standing”. Read the rest of this entry
Shout out to @Barkiologist for the information.
Orange County Register reports that Jordan Tygh, a regional field director for the California Republican Party, posted a photo on social media of “convenient locations” to drop their own ballots.
They are not official drop boxes. The fake boxes are located in Orange, Los Angeles, and Fresno Counties.
The California Secretary of State says that the fake boxes are located at local political party offices, candidate headquarters and churches.