Althouse: Get ready...

March 31, 2023

Get ready...

Under Dudley & Stephens, a Cardozo opinion from 1999, Trump is totally going to be acquitted if he simply files a writ of coram nobis.
— Orin Kerr (@OrinKerr) March 30, 2023

41 comments:

rhhardin said...: The Latin ablative meets the law.; 3/31/23, 6:38 AM
Xmas said...: I'm going to be really annoyed at commentators with legal backgrounds that muddy the waters by making obscure jokes about cannibalism.

I've got a bad feeling about how this is going to play out and the precedent this is setting.

Also, Pelosi's "prove his innocence" tweet was *chef kiss* perfect.; 3/31/23, 6:45 AM
Douglas B. Levene said...: Very droll, Prof. Kerr, very droll.; 3/31/23, 6:52 AM
John henry said...: What law did president emeritus Trump allegedly break?

Why is this being withheld?

Poor Inga and dick. They may be giddy on the Everclear today
Wait till they find out the walls are not closing in. Again

John Henry; 3/31/23, 6:54 AM
Tom T. said...: Kerr might start with Pelosi's "prove his innocence" tweet.; 3/31/23, 7:02 AM
Sean Gleeson said...: I stared at this tweet for longer than I like to admit, before I got the joke. I totally ignored the warning to be ready for truly uninformed commentary.; 3/31/23, 7:03 AM
MartyH said...: I guess the “no reasonable prosecutor” standard Comey used to not charge Hillary Clinton is no longer operational.; 3/31/23, 7:06 AM
MartyH said...: Everyone mail DA brag a banana.; 3/31/23, 7:07 AM
tim maguire said...: I just wasted 5 minutes trying to figure out what a writ of coram nobis is and how it helps Trump before realizing that was a joke.; 3/31/23, 7:18 AM
rwnutjob said...: Yesterday, most New Yorkers were surprised to learn they actually have a District Attorney.

What is this law of which you speak?; 3/31/23, 7:22 AM
MartyH said...: I sent Bragg "Kasyat 15 Pieces Banana Stress Toys Stretchy Bananas Stress Toys Banana PU Toys Relief Banana Stress Balls Tiny Party Supplies for Stress Relief Party Favors" to express my displeasure.

How soon before I get a visit from the FBI?; 3/31/23, 7:28 AM
Heartless Aztec said...: Go to his Twitter page. Scroll down to the Woodstock Music Festival album cover post. An generation is passing as we await our individual turns.; 3/31/23, 7:42 AM
BIII Zhang said...: Nancy Pelosi has announced publicly that Trump is going to be allowed to prove his innocence and that nobody is above the law.

It's funny how you people still think we live in a free country, that has laws and stuff.; 3/31/23, 7:56 AM
Chuck said...: tim maguire said...
I just wasted 5 minutes trying to figure out what a writ of coram nobis is and how it helps Trump before realizing that was a joke.

Lmfao. So “1999 Cardozo opinion” didn’t tip you off.; 3/31/23, 7:57 AM
robother said...: Well, on a positive note, the fall of the Roman Republic ushered in a golden age for Latin satire and humor. So we've got that going for us, which is good.; 3/31/23, 8:10 AM
WWIII Joe Biden, Husk-Puppet + America's Putin said...: yeah - but the corrupt hack-D press can say he was arrested.; 3/31/23, 8:24 AM
Andrew said...: Orin Kerr is a genuine legal scholar. His specialty is the Fourth Amendment. I'm curious what he will write or tweet during the actual proceedings against Trump. He may be a liberal, but I doubt he approves of a prosecution that is so obviously politically motivated.; 3/31/23, 8:30 AM
Bill R said...: Ora pro nobis.; 3/31/23, 8:34 AM
RideSpaceMountain said...: We officially need to nuke NYC from orbit. It's the only way to be sure of securing peace for the 97% of the rest of us from this oxygen-thieving metropolitan diva that's way past it's prime.; 3/31/23, 8:39 AM
Readering said...: Manhattan DA is an elected office, and I read it noted as an irony that Hillary endorsed Bragg's chief opponent, one of her few or only of that cycle. He won by a point.

But Bragg inherited a much more ambitious financial crimes investigation worked up under his predecessor, which he nixed as too much of a stretch. I suspect his main opponent would have greenlighted that indictment.; 3/31/23, 8:48 AM
Wince said...: Seems like a non sequitur.

Thus, a violation of the Rule Against Incongruities.; 3/31/23, 9:26 AM
Big Mike said...: @Althouse, you’re for boring. Are you bored yet?; 3/31/23, 9:36 AM
BarrySanders20 said...: It's cute that Orin thinks this has anything to do with law. It's a clown show, and Orin is one of them. And the show must go on!; 3/31/23, 9:45 AM
Joe Smith said...: Semper ubi sub ubi...; 3/31/23, 9:46 AM
rcocean said...: People keep making the mistake I've made in the past. "Of course, there's no case here, or so-and-so is obviously guilty/innocent, and or course the judge/jury will act reasonably".

And then they don't. In DC, you're innocent or guilty depending on what party you belong to. Republicans = conviction. Democrats = not guilty. In GA, the grandjury have talked about how they wanted to hang Trump and watch him suffer.

Trump will get convicted by a Manhattan jury no matter what the evidence. Wait and see.; 3/31/23, 9:47 AM
Lurker21 said...: First confusion: Benjamin Cardozo, appointed by Herbert Hoover, really lived that long?

Second confusion:

Dudley and Stephens (defendants) murdered a fellow young seaman (Parker) in order to save their own lives from starvation. They were found guilty of murder.

But on reflection, I do see some similarity between cutting open and eating the cabin boy and what Bragg and Soros have been doing.; 3/31/23, 9:55 AM
robother said...: Pelosi's "prove his innocence" tweet.

Actually, Pelosi's characterization (that the burden of proof of innocence is on Trump) is probably a fair statement of the standard that will be applied by a NYC jury. As it is in banana republic political prosecutions generally.; 3/31/23, 9:56 AM
Michael K said...: Show trials were a feature of the 1930s Soviet Union. Who ever expected them here ?; 3/31/23, 10:47 AM
Narayanan said...: ora pro nobis
Latin phrase
ora pro no·bis ˌō-rä-prō-ˈnō-ˌbēs
: pray for us
=========
does prayer work? and who are we asking?; 3/31/23, 10:50 AM
Rabel said...: "He may be a liberal, but I doubt he approves of a prosecution that is so obviously politically motivated."

He seems to be enjoying it.

But in that thread Kerr points out something I figured out last night:

Governor Desantis made a strong statement about the case that he should have made earlier. Finally, I thought. Good for him.

But the part about not participating in an extradition is misleading.

There would only be an extradition proceeding if Trump refused to appear in NY. In which case Florida authorities would place Trump in custody and then deliver him to NY authorities. That was not going to happen.

Trump will show up and DeSantis knows it, so it his "strong statement" is, at least in part, empty political posturing.; 3/31/23, 11:23 AM
wildswan said...: All the liberties enshrined in our laws began their modern career when an absolutist King of England stated that he was the source of all rights and privileges and could not be criticized. The Pilgrims and the Puritans left England in order to maintain their right to say that rights were given by God and that the state was founded to protect our rights, not its power. So we've circled back to the beginning of our history because an absolutist Deep State is making those same absolute claims assisted by Digital Space Invaders. So we get to live in interesting times. The Ukrainians face Russia, a power doing a lame but mean Twentieth-Century-replica attack. We face a Twenty-first century power, a ChatGPT replica of America.

"Pray for brave heart, which does not fear death, which places a long life last among the gifts of nature, which has the power to endure any trials ..."
Juvenal

"A republic, if you can keep it."; 3/31/23, 12:01 PM
wildswan said...: This comment has been removed by the author.; 3/31/23, 12:03 PM
PB said...: A NY judge and jury will merely ignore it.; 3/31/23, 12:09 PM
PB said...: This will stretch on and on. Court, appeals court, state supreme court.; 3/31/23, 12:13 PM
gilbar said...: The Fact of the Matter is: Donald Trump is GUILTY AS SIN... Guilty of no longed being a democrat; 3/31/23, 1:06 PM
Ampersand said...: Why don't we move the stock exchanges to Charlotte, North Carolina? NYC will start to look like Rome circa 410 AD.; 3/31/23, 1:24 PM
Mark said...: Grr. Make me haul out my Black's Dictionary.; 3/31/23, 1:36 PM
effinayright said...: Joe Smith said...
Semper ubi sub ubi...
**************

And "Semper lavo sub ubi cum Lux."; 3/31/23, 2:43 PM
narciso said...: its also a feature in Erdogan's bailiwich, the would be sultan, the first batch of show trials was about the Grey wolves, who were not a major presence,; 3/31/23, 3:40 PM
Steve said...: 4 years of law school wasted. I have no idea what the joke is.; 3/31/23, 5:24 PM
effinayright said...: Rabel said: There would only be an extradition proceeding if Trump refused to appear in NY. In which case Florida authorities would place Trump in custody and then deliver him to NY authorities. That was not going to happen.
**********************

No. "Florida authorities" could place Trump in custody only if the Governor of NY made a fromal request to the FLA governor to hand over the accused, and the latter agreed. Lesser state oficials would have no power to do that.

Extradictions for misdemeanor offenses are seldom made, so DeSantis could tell NY to bugger off.

DeSantis may have been grandstanding, but at least he was stating publicly that he would not be part of that chrade. And, of course, if he wanted to screw Trump he could have said he woud eagerly hand him over.

And all this is moot if Trump returns to NY.; 3/31/23, 9:27 PM