Panther
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My Heart beats True for the Red White & Blue...
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longweekend58 wrote on Feb 10 th, 2017 at 7:17pm: Panther wrote on Feb 10 th, 2017 at 6:40pm: longweekend58 wrote on Feb 10 th, 2017 at 6:12pm: Panther wrote on Feb 10 th, 2017 at 5:23pm: John Smith wrote on Feb 10 th, 2017 at 4:11pm: Panther wrote on Feb 10 th, 2017 at 3:48pm: John Smith wrote on Feb 10 th, 2017 at 3:33pm: Panther wrote on Feb 10 th, 2017 at 2:38pm: Ahhh, so when you said that he broke the law, that wasn't exactly true now was it?... sure it was ... according to several constitutional lawyers who've commented in articles I've read. Are you seriously going to pretend the Emoluments Clause doesn't exist? Present that in court.....your ass is flying out the door & the last thing you would hear from outside would be the judge saying ..... Next!!
what do you think he'd say if you presented your 'right to free speech' argument?if your answer is nothing, then you're right, he wouldn't say anything ... he wouldn't be able to stop laughing long enough to talk In America all the burden of proof is with the prosecution who is armed only with the testimony of the accusers & witnesses.
The defendant....the accused, has the Constitutional Right not to have to answer to anything....offer no proof of innocence.
If then I were defending DJT on a criminal matter (Impeachment is a criminal matter), the judge would not ask for any defense, ask for any argument whatsoever, he would simply ask how does the accused plead.....& unless the defendant was pleading to guilty, he would plead not guilty.
No need to do anything otherwise.....the prosecution needs to then prove their entire case, & when done, if the defendant declines to present personal testimony, the judge would have to defer to the jury for a verdict.
The only time the defense would need do anything is if, approved by the defendant, the attorney for the defense would proceed to systematically tear apart prosecution witnesses & the prosecutor's case.
So to simply answer your question, I would present no argument, within my tearing apart witnesses, if it was decided to be beneficial to the defense, I would get stipulations that the First Amendment exists, & that it guarantees All American Citizens the Freedom of Speech.
That Simple.
That stipulation would not be an argument, it would be a testimony to fact, not by my client, but by witnesses for the prosecution.....very powerful, & very safe. you really really dont know a thing about law other than what you can google. That post is largely hypothetical nonsense. Really......what is hypothetical outside of the simple example I portrayed?
I'm not a lawyer, & I represent no one in any court of law.
The legal issues & procedures within that example are firmly entrenched in the American legal system...
Fact: A defendant is never required to testify at trial in any Criminal Prosecution, or required to answerer any question outside of how he/she pleads.....innocent or guilty....... & only when asked by a Judge prior to any trial.
The same holds true in interrogations by law enforcement prior to any potential charge. They can refuse to answer any & all questions. Read the 5th Amendment to the US Constitution.
Fact: The prosecution (the State) has the total & complete burden of proof.
Fact: A defendant never has to prove his/her innocence in any Criminal Prosecution.
Fact: A Judge presides over a Criminal Trial, not to determine guilt or innocence, that is the jury's charge, but to ensure the defendant (not the prosecution) gets a fair & unbiased trial according to the law. I dare you to prove any of the preceding Facts incorrect seriously, dimwit... do you think you just replaced 5 years of law school with a single post? It is never as simple as you seem to think otherwise a court could be replaced by a computer program. Your ignorance of the process of law enforcement is gobsmackingly naive. Your total ignorance with the American System of Justice, & the US Constitution is extremely evident whenever you open your pie-hole. You can't refute any FACT......None.....White Flag Accepted.
Go in Peace.....Stay ignorant, it becomes you....Console John in his dreams, for you too are just a dreamer.
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