this post was submitted on 02 Aug 2023
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The federal judge assigned to the election fraud case against former President Donald Trump stands out as one of the toughest punishers of rioters who stormed the U.S. Capitol

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[–] MicroWave@lemmy.world 70 points 1 year ago (11 children)

In a memorable line from her ruling, Chutkan wrote, “Presidents are not kings, and Plaintiff is not President.”

Other judges typically have handed down sentences that are more lenient than those requested by prosecutors. Chutkan, however, has matched or exceeded prosecutors' recommendations in 19 of her 38 sentences. In four of those cases, prosecutors weren't seeking any jail time at all.

[–] ThirdWorldOrder@lemm.ee 44 points 1 year ago (1 children)

“But to compare the actions of people protesting, mostly peacefully, for civil rights, to those of a violent mob seeking to overthrow the lawfully elected government is a false equivalency and ignores a very real danger that the Jan. 6 riot posed to the foundation of our democracy.”

Yeah, Trump’s in trouble.

[–] SubArcticTundra@lemmy.ml 9 points 1 year ago (1 children)

Every time I hear a judge name a logical fallacy I cheer inside

[–] oce@jlai.lu 3 points 1 year ago

I think this message supports the quote.

[–] moistclump@lemmy.world 24 points 1 year ago

Here’s the quote with more context:

“Plaintiff does not acknowledge the deference owed to the incumbent President’s judgment. His position that he may override the express will of the executive branch appears to be premised on the notion that his executive power ‘exists in perpetuity,'” U.S. District Judge Tanya Chutkan wrote in the ruling. “But Presidents are not kings, and Plaintiff is not President. He retains the right to assert that his records are privileged, but the incumbent President ‘is not constitutionally obliged to honor’ that assertion.”

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[–] Darkhoof@lemmy.world 44 points 1 year ago (1 children)

I hope she goes to town on the orange turd.

[–] GentlemanLoser@reddthat.com 21 points 1 year ago (4 children)
[–] yoz@aussie.zone 3 points 1 year ago

🤣🤣🤣🤣🤣

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[–] Boddhisatva@kbin.social 42 points 1 year ago (9 children)

So, if Donnie is convicted of instigating the Jan-6 insurrection, could they they hit him with Felony Murder charges? People died as a direct result of the insurrection and D.C. has a Felony Murder rule.

[–] Elderos@sh.itjust.works 18 points 1 year ago

He could face murder-like charges if he's held responsible for the "hang mike spence" thing, or the "tie-wraps attempt to kidbap thing, or the "death of Ashli while participating in his insurrection" thing. All of those happenned on January 6th for which he is responsible, and could be part of the conspiracy against rights charge.

If two or more persons conspire to injure, oppress, threaten, or intimidate any person [...] in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same;...

They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.

[–] glassblock@lemmy.world 12 points 1 year ago* (last edited 1 year ago)

I think the chain of causation would be a step too far removed. He isn't indicted for instigating the riots, but for the conspiracy around rigging the electoral count. The riots are implicated as one tool to pressure Pence. Sicknick's death would also be another step removed in that it is not as clear that it was a direct result of the riots (or at least it could be argued). Babbitt maybe but I don't know how DC handles death of confederates which is another wrinkle in the felony murder rule.

Source: got a B in criminal law

[–] kent_eh@lemmy.ca 7 points 1 year ago

I would expect "conspiracy to commit" at the most.

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[–] Bluefalcon@discuss.tchncs.de 28 points 1 year ago (6 children)

I'm glad she is tough on the Jan 6 rioters. However, I want her to be impartial. If not then this will turn into a campaign tool for Trump. I already know he will use it as a tool anyways. But it will give those Republicans that are on the fence something to falsely claim as a righteous cause to vote for him.

[–] Neato@kbin.social 30 points 1 year ago (1 children)

Judges should be tough on treason. A bold statement, I know.

[–] Bluefalcon@discuss.tchncs.de 2 points 1 year ago

That's not bold or extreme. I want judges to treat him like anyone else that is up for treason.

[–] eestileib@sh.itjust.works 27 points 1 year ago (1 children)

We can't spend our lives afraid of what crazy people will say when we do the right thing.

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[–] CowsLookLikeMaps@sh.itjust.works 22 points 1 year ago (3 children)

I agree with being impartial of course. In terms of making him into a martyr of sorts, imo that ship has sailed. They're so delusional that they'll turn any possible outcome into a narrative where they were victims of some grand conspiracy. It's baffling what he can get away with while still receiving fanatic support.

[–] CareHare@sh.itjust.works 7 points 1 year ago

That's brainwashing for you.

[–] paddirn@lemmy.world 7 points 1 year ago

Pretty much any result or treatment where Trump isn't getting metaphorical and/or physical felatio is going to be called out as being biased against him. These people are in a cult, nothing we say or do is going to get them out of it until they have their Waco siege moment, which probably won't be great for the country.

[–] ThirdWorldOrder@lemm.ee 1 points 1 year ago

Yeah it would be scarier if he got through this unscathed.

[–] agent_flounder@lemmy.one 6 points 1 year ago (1 children)

What Republicans are still on the fence about this and wtf is wrong with them? Is this really a primary concern here?

[–] Bluefalcon@discuss.tchncs.de 1 points 1 year ago

The less radical right. I know that sounds strange but there are some that actually believe in the religions things they say. Due to that they vote Republican. Not the ones that believe in Q or just straight up racist. Not every person on the right is a total POS but the people they vote for are.

[–] Skanky@lemmy.world 5 points 1 year ago (1 children)

If not then this will turn into a campaign tool for Trump.

We are well beyond that point right now. He has literally told his cult followers that he is being indicted for them.

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[–] Goblin_Mode@ttrpg.network 3 points 1 year ago (1 children)

This is a very good stance to take on paper. But do you really think there will be any significant difference in Trump's campaigning regardless of outcome? The end result is completely meaningless in the grand scheme of the 2024 election, Trump supporters have already shown a dozen times over that there is literally nothing that could change their stance.

I just want to see him get the same treatment I would in his place.. He won't.. But I at least want him to sweat

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[–] FuglyDuck@lemmy.world 26 points 1 year ago (2 children)

This fills me with warm fuzzies.

Hopefully it’s not just wishful hope.

It’s probably wishful hope

[–] FlyingSquid@lemmy.world 8 points 1 year ago* (last edited 1 year ago) (1 children)

I don't think there are too many black women out there that would be willing to be lenient on Donald Trump. Even his former friend Omarosa hates him.

[–] FuglyDuck@lemmy.world 2 points 1 year ago

Eh. I’m more concerned about what ever jury gets empaneled being split on partisan lines and him walking off because republicans voted not guilty just because.

They’re not exactly the most persuadable group (to be fair neither are ardent dems,)

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[–] oldlamps@sh.itjust.works 22 points 1 year ago

Very legal and very cool

[–] SubArcticTundra@lemmy.ml 17 points 1 year ago* (last edited 1 year ago) (1 children)

How are judges assigned in the US? Is it a random selection? Like, do they pull names out of a hat? (I'm pretty sure this was the legally prescribed way in some place)

[–] drzoidberg@lemmy.world 22 points 1 year ago

IIRC it's rotational, and it changes after x amount of cases, or x amount of time, but the order is random.

[–] foggy@lemmy.world 15 points 1 year ago* (last edited 1 year ago) (1 children)

I hope that this non-white female judge hands down clear and lasting damage to this sexist, racist narcissist.

[–] GBU_28@lemm.ee 5 points 1 year ago

I hope an impartial judge runs a clean trail, and hands down firm justice on criminals acting on a national scale.

[–] onionbaggage@lemmy.world 8 points 1 year ago
[–] Multech@lemmy.world 7 points 1 year ago

This may be an unpopular opinion but until he actually sees the inside of a jail cell, I find news like this to be very meh.

[–] ZombiFrancis@sh.itjust.works 5 points 1 year ago* (last edited 1 year ago)

I mean, sure, the Jan 6 rioters have been getting some jail time after all this time.

But also, the guy who tweeted in response to Jan 6 that people should take up arms and DEFEND the country against insurrection was tried convicted and sentenced to 3 years by (October) of 2021. (Daniel Baker, for reference. The Floridian veteran.)

*edit October, not May. But still: arrested in January and was in solitary for months prior to being sentenced for 44 months.

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