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Related: About this forumWhy Donald Trump was indicted in Florida instead of Washington D.C. - All In - MSNBC
MSNBC legal analyst Lisa Rubin discusses why Donald Trump was indicted in Florida, instead of Washington D.C. as was expected. "The department of justice policy generally holds that you charge a crime where the bulk of the conduct occurs," Rubin explains. "We don't know a lot about when this shift happened." - Aired on 06/08/2023.
BOSSHOG
(37,043 posts)But Id rather see his court appearance occur on Juneteenth. Jack aint taking my calls.
NBachers
(17,098 posts)soldierant
(6,846 posts)are crying "foul" - claiming that DOJ in general and Garland in particular chose to press charges if FLorida in order to throw the case. That is NOT how it works.
DOJ did not have a choice where to press charges. What they did g=have was a decision to make about where the crime happened. He stole them from DC. He held them in FLorida.
I get it. Getting an impartial jury would be easier in DC. But -
The Espionage Act does not mention "taking" It does mentio "withholding." or "retaining." (it also does not mention classification. Whether or not he did or could have declassified any documents is not a serious issue.)
In any case where the DOJ decides on a venue and after obtaining a conviction their decision is found to be wrong, double jeopardy comes in and the convict goes scot free.
I am not a lawyer, but I read and listen to the best. I'm pretty sue it was Harry Litman who brought up that last point. But Glenn Kirschner, Joyce Vance, and Jill Wine-Banks have all addressed this recently.
Sorry for the rant. in the internet, one can't just grab a person and shake some sense into them, which can be frustrating.
Rhiannon12866
(205,114 posts)This is why I'm on DU, to learn from others here who know a lot more than I do.
soldierant
(6,846 posts)there was one response. it took a while and ended up being #3
But #2 is exactly who it was intended for (not #2 alone, They are legion.)
Rhiannon12866
(205,114 posts)And, as we heard tonight, Merrick Garland did not sign off on what happened today, that's not how it works - and deserves to be repeated.