• Convicted felon to become president.

    From Jethro_uk@21:1/5 to All on Fri Jan 10 11:28:38 2025
    Another US first it seems. Rather puts Neil Armstrong in the shade.

    Are there any legal dimensions to having a convicted felon as head of
    state ? Would it cause problems with foreign travel ? Or with moving
    around inside the US ?

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  • From Rick@21:1/5 to All on Fri Jan 10 12:43:03 2025
    On 1/10/2025 2:28 PM, Jethro_uk wrote:
    Another US first it seems. Rather puts Neil Armstrong in the shade.

    Are there any legal dimensions to having a convicted felon as head of
    state ? Would it cause problems with foreign travel ? Or with moving
    around inside the US ?


    As a practical matter, it shouldn't have any effect. He will keep his
    right to vote and travel throughout the US. He won't be permitted to
    own a gun, but with round the clock security protection for the rest of
    his life, that shouldn't be an issue. He won't be able to receive
    government assistance, which with his wealth also wouldn't be an issue
    for him. Some foreign countries (including Canada and the UK) do place restrictions on felons entering their countries, but they will almost
    certainly make an exception for the US President. A similar exception
    was made for George W. Bush who had a misdemeanor drunk driving penalty
    on his record. While not a felony, it was in some ways a more serious
    offense than what Trump was convicted of, which was essentially a
    misdemeanor committed to coverup another misdemeanor which under NY law
    was classified as a felony.

    With the conviction now on the record, it also will allow him to appeal
    the conviction on the grounds that it was based in part on evidence that
    should have been excluded from trial. My guess is the conviction will
    be overturned.

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  • From Barry Gold@21:1/5 to All on Fri Jan 10 22:31:07 2025
    On 1/10/2025 11:28 AM, Jethro_uk wrote:
    Another US first it seems. Rather puts Neil Armstrong in the shade.

    Are there any legal dimensions to having a convicted felon as head of
    state ? Would it cause problems with foreign travel ? Or with moving
    around inside the US ?

    I don't think so. A felon can probably get a passport, and I doubt that
    many countries are going to be difficult about a visa when POTUS wants
    to visit. I don't even know if they usually insist on that formality.

    A felon can usually travel freely unless the court has placed a
    restriction (e.g., don't leave the state) as a condition of probation or parole, but that doesn't seem to be the case.

    Since the judge refrained from even making him pay a fine, he seems to
    be getting off much more easily than anybody else who was convicted of a
    felony of that sort. Another case of RHIP, I guess. Or WHIP (W=wealth).

    --
    I do so have a memory. It's backed up on DVD... somewhere...

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  • From Barry Gold@21:1/5 to Rick on Fri Jan 10 22:31:56 2025
    On 1/10/2025 12:43 PM, Rick wrote:
    On 1/10/2025 2:28 PM, Jethro_uk wrote:
    Another US first it seems. Rather puts Neil Armstrong in the shade.

    Are there any legal dimensions to having a convicted felon as head of
    state ? Would it cause problems with foreign travel ? Or with moving
    around inside the US ?


    As a practical matter, it shouldn't have any effect.  He will keep his
    right to vote and travel throughout the US.  He won't be permitted to
    own a gun, but with round the clock security protection for the rest of
    his life, that shouldn't be an issue.  He won't be able to receive government assistance, which with his wealth also wouldn't be an issue
    for him.  Some foreign countries (including Canada and the UK) do place restrictions on felons entering their countries, but they will almost certainly make an exception for the US President.  A similar exception
    was made for George W. Bush who had a misdemeanor drunk driving penalty
    on his record.  While not a felony, it was in some ways a more serious offense than what Trump was convicted of, which was essentially a
    misdemeanor committed to coverup another misdemeanor which under NY law
    was classified as a felony.

    With the conviction now on the record, it also will allow him to appeal
    the conviction on the grounds that it was based in part on evidence that should have been excluded from trial.  My guess is the conviction will
    be overturned.

    By this Supreme Court? Probably.
    --
    I do so have a memory. It's backed up on DVD... somewhere...

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  • From Rick@21:1/5 to Barry Gold on Sat Jan 11 12:59:56 2025
    On 1/11/2025 1:31 AM, Barry Gold wrote:
    On 1/10/2025 12:43 PM, Rick wrote:
    On 1/10/2025 2:28 PM, Jethro_uk wrote:
    Another US first it seems. Rather puts Neil Armstrong in the shade.

    Are there any legal dimensions to having a convicted felon as head of
    state ? Would it cause problems with foreign travel ? Or with moving
    around inside the US ?


    As a practical matter, it shouldn't have any effect.  He will keep his
    right to vote and travel throughout the US.  He won't be permitted to
    own a gun, but with round the clock security protection for the rest
    of his life, that shouldn't be an issue.  He won't be able to receive
    government assistance, which with his wealth also wouldn't be an issue
    for him.  Some foreign countries (including Canada and the UK) do
    place restrictions on felons entering their countries, but they will
    almost certainly make an exception for the US President.  A similar
    exception was made for George W. Bush who had a misdemeanor drunk
    driving penalty on his record.  While not a felony, it was in some
    ways a more serious offense than what Trump was convicted of, which
    was essentially a misdemeanor committed to coverup another misdemeanor
    which under NY law was classified as a felony.

    With the conviction now on the record, it also will allow him to
    appeal the conviction on the grounds that it was based in part on
    evidence that should have been excluded from trial.  My guess is the
    conviction will be overturned.

    By this Supreme Court? Probably.

    Although it is interesting to note that the Court ruled 5-4 against
    Trump's attempt to delay the sentencing. In that case, Roberts and
    Barrett sided with the three liberals in allowing the sentencing to take
    place. I've noted before that contrary to the 6-3 conservative-liberal
    split that most people see on the court, it is becoming more of a 3-3-3
    split with three hard-core liberals, three hard-core conservatives and
    Roberts, Barrett and, to a lesser extent Kavanaugh, forming a sort of
    moderate, slightly right leaning center that can swing either left or
    right depending on the case, somewhat in the mold of Anthony Kennedy.

    That all said, I still think the court will probably ultimately overturn
    the conviction because of the evidence introduced that would constitute
    what Roberts calls "official" duties. But it could be a 5-4 vote with
    Barrett siding with the liberals.

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  • From Rick@21:1/5 to Barry Gold on Sat Jan 11 21:46:02 2025
    On 1/11/2025 1:31 AM, Barry Gold wrote:
    On 1/10/2025 11:28 AM, Jethro_uk wrote:
    Another US first it seems. Rather puts Neil Armstrong in the shade.

    Are there any legal dimensions to having a convicted felon as head of
    state ? Would it cause problems with foreign travel ? Or with moving
    around inside the US ?

    I don't think so. A felon can probably get a passport, and I doubt that
    many countries are going to be difficult about a visa when POTUS wants
    to visit. I don't even know if they usually insist on that formality.

    A felon can usually travel freely unless the court has placed a
    restriction (e.g., don't leave the state) as a condition of probation or parole, but that doesn't seem to be the case.

    Since the judge refrained from even making him pay a fine, he seems to
    be getting off much more easily than anybody else who was convicted of a felony of that sort. Another case of RHIP, I guess. Or WHIP (W=wealth).


    Well, you say a "felony of that sort", but this was an unusual case
    where the crime was actually a misdemeanor committed with the apparent
    intent to coverup another misdemeanor. Neither crime was a felony per
    se, but under NY law the prosecutor was allowed to charge it as such.

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  • From Roy@21:1/5 to All on Sun Jan 12 06:47:33 2025
    The next step will be for Trump to start appealing his conviction. It
    is going to cost the NYC taxpayers millions of dollars. At some point
    legal experts say that there will be a flaw found in the trial and a
    mistrial declared. Is NYC going to retry Trump costing more millions?

    If the NY Governor had some common sense she would grant a pardon and
    save all that money

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  • From Rick@21:1/5 to Roy on Sun Jan 12 12:31:00 2025
    On 1/12/2025 9:47 AM, Roy wrote:

    The next step will be for Trump to start appealing his conviction.  It
    is going to cost the NYC taxpayers millions of dollars.  At some point
    legal experts say that there will be a flaw found in the trial and a
    mistrial declared.  Is NYC going to retry Trump costing more millions?

    If the NY Governor had some common sense she would grant a pardon and
    save all that money





    I'm pretty sure if Trump wins the appeal and the conviction is
    overturned, there is no way NY will re-try him. As you say, the trial
    and appeal will already have cost millions by that point, and I suspect
    the net negative publicity Bragg and his team have received for a
    prosecution that ultimately led to no jail time or fine or even
    probation will cause everyone involved to just want to put this behind them.

    As to whether Gov. Hochul would actually pardon Trump, that's an
    interesting question. When asked in December about this, she didn't
    just give the kneejerk "no" response she had been giving before the
    election. Instead she said this (as quoted by AP):

    “There is a pardoning process in the state of New York. It is
    lengthy...It requires a couple of elements. One is remorse.”

    She continued: “No one will be treated any better, or any worse, by me
    when I make those life altering decisions as we’re looking at petitions
    that are coming in throughout the year. So, no one gets extra favors, no
    one gets treated worse.”

    https://apnews.com/article/trump-hush-money-criminal-conviction-ca2ec0133b7e19413dac4328617c41cf

    That's not exactly a hard "no". I'm wondering if Trump puts together
    some kind of statement with some flavor of regret (actual remorse would
    be a heavy lift for him), is it possible Hochul might do a Gerald Ford
    and issue the pardon in the name of healing and unity, not to mention
    saving the state millions in legal costs, to end all the litigation and
    allow the state to move on? Hard to say. She's a politician first, of
    course, and her hard-core democratic constituency could refuse to
    forgive her. But sometimes politicians rise to the level of statesman,
    and maybe that will happen in this case. We shall see...

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