Tuesday, August 22, 2023

Don't get out the popcorn yet: The Wheels of Justice Grind Slowly

"Delay, Delay, Delay: From pre-trial motions to negotiations over security, the master of legal stalling has many tactics in his arsenal." Politico, 8/16/23

Forget the popcorn and the celebrations. The Indictments are in the legal system, which means the trials could take months and years to start, let alone reach any verdicts. Many months and years. 

Now begins a tortuous process of making sure Due Process is honored and the trials are fair. That means discovery, plea bargaining, pre-trial hearings, motions and delays of one legal kind or another. As Politico notes, Trump is a master at it. So are the other co-conspirators. If you are waiting with bated breath for some action, you'll be disappointed.

I'm starting to realize it is a waiting game I'm not up to. I'm not going to sit in front of the TV hoping something is going to happen. It's not going to happen for a while. 

Maybe after a long break from Indictment news, I'll wake up in ten years (if I'm still going) to learn justice has been served. That's the "exceedingly fine" part of the wheels of justice.  The "turn slowly" part puts me in the mindset of a groundhog. "Waiting for Godot" would be faster. 

Some legal experts, for example, are predicting that the Georgia RICO trail could take at least two years before it begins. "Racketeering cases are not built for speed," the Seattle TImes notes.  Fani Willis is proposing a March 4, 2024 trial date, but Mark Meadows has already filed a motion to move the case to federal court. Trump is just getting started. Then there are the 18 others indicted. Imagine the twists and turns. Hopefully some of them will drop off one way or another. 

Then there's the other three criminal cases that will complicate schedules, and I wouldn't be surprised if more are coming. Is an Arizona fake electors' case on the horizon?  "The schedule of likely Donald Trump criminal trials in 2024 is turning into the criminal justice equivalent of a multi-car pileup," The Hill opined.

I'm hoping Jack Smith's trial will go first. He brilliantly fashioned his indictment to make a speedy trial possible. Time magazine argues that Jack Smith needs a speedy trial faster than Fani Willis. I'm all for that.

"If Trump reclaims the White House, he could potentially exert executive power to inoculate himself from federal criminal vulnerability, such as attempting to pardon himself or appointing an attorney general who will quash the charges against him. That may be why Smith brought forth a lean indictment that he hopes can get to trial quickly, according to former federal prosecutors. “There’s a race against the clock,” says Barbara McQuade, a former U.S. Attorney, referring to Smith’s case. “In Georgia, that’s not really the case. No attorney general of the United States can shut down a state court investigation. So this case can proceed, even if Trump is elected.”
Getty image captures the horror ofJ6.
I think the talk about tRUmp reclaiming the White House is all hogwash, but the rest of the argument is well taken. "There's a race against the clock," as Barbara McQuade put it.

A race? We'll see. Maybe we'll see something in early 2024, but for now it's too soon to get out the popcorn. 

Some Sources:

1. In Georgia case against Trump, a trial within 6 months could be a stretch | The Seattle Times, August 16, 2023. 

2.  https://thehill.com/opinion/criminal-justice/4151748-there-wont-be-time-for-four-trump-trials-before, by Gregory Wallance.

3. Why Jack Smith Needs Speedy Trump Trial More Than Fani Willis | Time by Eric Cortellessa, 8/15/23.

4. "Will Trump Get a Speedy Trial?," 8/16/23, Russell Berman. The Race to Put Trump on Trial Begins - The Atlantic

5. ‘Delay, delay, delay’: How Trump could push his trial into the heart of campaign season - POLITICO, by Josh Gerstin and Kyle Cheney. 

6. Former Trump White House lawyer says ‘no chance’ Georgia trial happens within two years (yahoo.com). I think lawyer Ty Cobb is right.

7. UPDATED: Insurrection Timeline — First the Coup and Then the Cover-Up – BillMoyers.com







Don't get out the popcorn yet: The Wheels of Justice Grind Slowly

"Delay, Delay, Delay: From pre-trial motions to negotiations over security, the master of legal stalling has many tactics in his arsena...