The Jury, Not the Prosecutor, Decides Who's Guilty - The Atlantic - 0 views
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Manhattan District Attorney Alvin Bragg is an elected prosecutor who ran as a Democrat in a heavily Democratic city. Trump also received more scrutiny from prosecutors after he became a political figure than he’d ever experienced before. But none of this has any bearing on whether Trump actually committed the crimes with which he was charged.
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The bar for convicting any defendant in the American justice system is extremely high: It requires a unanimous decision by 12 citizens who deem a crime to have occurred beyond a reasonable doubt
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The more important question is not what motivated the charges, but whether they were justified and proved to a jury’s satisfaction.
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A prosecutor may well have political motivation, but his motivation isn’t what determines a verdict; he must prove his charges in court, through an adversarial process. Despite the yelps that Trump was tried in a kangaroo court, his lawyers had every opportunity to challenge jurors, introduce evidence, question prosecution witnesses, and call their own.
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Trump is also right to note that his business practices and records didn’t attract anywhere near as much attention before he was a politician. Trump was famous before he was president, but becoming the most famous person on Earth is something else entirely. With the perks of fame comes more scrutiny. (Just ask Hunter Biden.)
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Supporters of the Trump prosecution should be honest about the possibility of political motive underlying the case. The danger of political bias is an inherent flaw in the system of elected district attorneys that most jurisdictions around the U.S. use.
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Capone was a notorious gangster, involved in murder, bootlegging, and racketeering, so it seems ludicrous that he was nailed on something as procedural and dry and quotidian as evading taxes.
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the Capone case. The mobster committed many crimes, but he did them in a way that made them hard to prosecute. Like many organized-crime bosses, he made sure to speak about things elliptically and keep his fingerprints (literal and metaphorical) off things. (Does this sound familiar?) But Capone couldn’t hide financial crimes as effectively. Prosecutors went after him for tax evasion because that’s what they could prove. It is not selective prosecution to go charge someone for a crime for which you have evidence, even if you don’t charge them for the other, more difficult-to-prove crimes. It is realism. It’s also justified and just.
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Republican cries of political prosecution can also be understood in another, better way. Because Trump’s defenders are unwilling to argue that he didn’t falsify the records or that it shouldn’t be a crime, they’re actually arguing that he should get a pass on crimes they view as minor because he’s a political figure
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“If they can do this to me, they can do this to anyone,” Trump said at a press conference this morning. Indeed, that’s the point of equal justice under the law.