this post was submitted on 06 Nov 2023
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[–] [email protected] 187 points 1 year ago (2 children)

“When a defendant honestly believes he can’t possibly get a fair trial from the judge, one of the tactics is to antagonize the judge to a point of causing reversible errors,” Dershowitz says. “That is what happened in the Chicago 7 case, and I was one of the lawyers on the appeal in that case. Abbie Hoffman provoked Judge Hoffman to such a degree that the judge made mistake after mistake. And courts of appeal often reverse convictions or verdicts when the judge has made serious errors.”

What a dick. This does not sound like the legal process at work at all. Besides, innocent people would never do this.

[–] [email protected] 56 points 1 year ago (1 children)

The tactics have included attacks on Engoron’s court clerk, filibustering the prosecution’s witnesses with repetitive questions, and raising legal arguments the judge had already specifically prohibited.

Responding to these provocations with contempt charges is correct and proper. Any appeal court judge is going to see that Trump was treated with kid gloves here.

And it kinda doesn't matter what political party the appeal judge is. They really don't like people being disrespectful to them and ignoring their orders. It's like the number one thing all judges hate. This strategy will probably not work.

[–] [email protected] 13 points 1 year ago (1 children)

I don't know about that last part so much. Current conservatives have shown that there is no level that they won't sink to and no level of hypocrisy they won't espouse.

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

Caveat being it is to further their own lust for power. The second they are on the receiving end serious injustices are taking place.

[–] [email protected] 10 points 1 year ago* (last edited 1 year ago) (2 children)

It's so dumb that an appeal for a mistrial can get the whole case thrown out rather than simply retried with a different judge

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

At this point, his strategy is to delay, delay, delay, get elected, and pardon himself.

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

Most mistrials are retried from the beginning. I imagine it’s mostly the cases that involve misconduct on the judges behalf that get throw out, as that’s a strong argument for a 6th Amendment violation.