General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region Forumshonest.abe
(9,238 posts)WestMichRad
(3,257 posts)
was an intentional part of the delay strategy.
Assign him a public defender and proceed with the arraignment, I say.
honest.abe
(9,238 posts)brooklynite
(96,882 posts)He can afford a local lawyer; just doesnt want to hire one.
Ocelot II
(130,542 posts)The Clue Bird has finally shat on the lawyers.
Sgent
(5,858 posts)federal criminal defense attorneys in S FL with a security clearance. Apparently at least one prominent local firm turned him down, and more than a few are probably conflicted out. It may not be as easy as people think.
ExWhoDoesntCare
(4,741 posts)It's an arraignment, basically judicial paperwork. That process will not deal with the evidence at all, only the charges.
So a lawyer doesn't need a clearance to do this one little task.
Sheesh.
I have it on good authority that most Americans have watched at least one episode of Law and Order. They show the arraignment process, all the time. I don't even watch TV, and I know that much.
onenote
(46,146 posts)The issue is that Trump doesn't have a local, Florida-based lawyer. He has counsel to represent him in the classified documents case, Todd Blanche, who replaced the Trusty and Rowley (the lawyers that quit), but that guy isn't admitted to practice in Florida either.
So the fact Trusty and Rowley quit is not part of a delay strategy.
WestMichRad
(3,257 posts)Buckeyeblue
(6,352 posts)onenote
(46,146 posts)And like most, the Southern District of Florida requires that attorneys appearing before the court be admitted to practice before the court. They all allow an attorney not admitted to practice before that particular district court to seek permission to do so on a "pro hac vice" (for this time only) basis. Some district courts no longer require the attorney seeking admission to be sponsored by a co-counsel who has been admitted to practice before the court, but only require an application providing information about the attorney's membership in good standing of any other US court or the highest court in a state, along with various other pieces of information. However, Florida still requires pro hac vice motions to be submitted by a member of the court's bar on behalf of the requesting attorney.
DENVERPOPS
(13,003 posts)if they assign him a public defender, and he is found guilty, he will claim "in-adequate legal representation" to have the guilty verdict nullified and start a whole new trial all over again in order to delay and drag this out forever.....
ExWhoDoesntCare
(4,741 posts)At an arraignment. This is not the trial. He only needs some local pipsqueak attorney to come in for 15-20 minutes and process his plea and any bail/release requirements.
That's it.
Anyone with a law license can do that.
emulatorloo
(46,155 posts)honest.abe
(9,238 posts)Correct?
ExWhoDoesntCare
(4,741 posts)He'll be charged and bail set, sooner rather than later. He won't get chances to delay and delay it for very long. Judges don't like it when you waste their time over a simple administrative process like charging someone, getting their plea, and then setting bail terms.
wnylib
(26,025 posts)Give hm a deadline and if he still doesn't have an attorney, appoint a public defender to handle his case.
Midnight Writer
(25,410 posts)ExWhoDoesntCare
(4,741 posts)I was at an arraignment once where a guy had killed his wife, then fought the cops when they arrested him for it. He was banged up and bloody, looked like he'd gotten some stitches and some broken bones--
And he was still there at that arraignment.
If that scumbag had to show up to enter his plea, then Fatty McDumbArse can put up with his bone spurs long enough to get charged and make his plea.
C_U_L8R
(49,387 posts)That will make his delay tactic disappear in an instant.
TheBlackAdder
(29,981 posts).
Then he'll know that card can't be played anymore.
.
wnylib
(26,025 posts)GoodRaisin
(10,922 posts)Peacetrain
(24,288 posts)Response to brooklynite (Original post)
Beachnutt This message was self-deleted by its author.
Marius25
(3,213 posts)by cops.
Response to Marius25 (Reply #6)
Beachnutt This message was self-deleted by its author.
PoindexterOglethorpe
(28,493 posts)What was overturned by the Supremes was being able to sue if they don't read you those rights. Big difference.
You still have a right to an attorney.
Marius25
(3,213 posts)and the ability for redress. Look at the Vega case in question. Tekoh was blatantly denied his rights, and was brutally interrogated illegally, and has no recourse to address the violation.
https://www.aclu.org/news/civil-liberties/supreme-court-rejects-promise-miranda-rights
By denying people whose rights are violated the ability to seek redress under our countrys most important civil rights statute, the court has further widened the gap between the guarantees found in the Bill of Rights and the peoples ability to hold government officials accountable for violating them.
Here is Justice Kagan's scathing dissent:
Today, the Court strips individuals of the ability to seek a remedy for violations of the right recognized in Miranda. The majority observes that defendants may still seek the suppression at trial of statements obtained in violation of Mirandas procedures. But sometimes, such a statement will not be suppressed. And sometimes, as a result, a defendant will be wrongly convicted and spend years in prison. He may succeed, on appeal or in habeas, in getting the conviction reversed. But then, what remedy does he have for all the harm he has suffered? The point of § 1983 is to provide such redressbecause a remedy is a vital component of any scheme for vindicating cherished constitutional guarantees. The majority here, as elsewhere, injures the right by denying the remedy.
WestMichRad
(3,257 posts)A SCOTUS ruling last year said law enforcement officers may not be sued for damages under federal civil rights law for failing to issue the Miranda Warning to suspects. They didnt say that a Miranda warning wasnt necessary. Yet.
https://www.history.com/topics/united-states-constitution/miranda-rights
brooklynite
(96,882 posts)Marius25
(3,213 posts)It still effectively eliminates civil redress for Miranda violations so cops can abuse it.
WestMichRad
(3,257 posts)obamanut2012
(29,369 posts)brooklynite
(96,882 posts)If you do not have AND cannot afford one.
He has no right to a PD.
Marius25
(3,213 posts)I'm so fed up with this guy abusing the justice system and getting away with it.
Raven
(14,275 posts)gratuitous
(82,849 posts)Everybody is amazed that he knows this stuff.
llmart
(17,624 posts)thanking him profusely for representing him.
tavernier
(14,443 posts)in his pissy diaper.
So true.
I wish he'd stop using up our precious oxygen and take a dirt nap.
Wild blueberry
(8,297 posts)We can see through his stalling ploy.
TheBlackAdder
(29,981 posts)treestar
(82,383 posts)TFG does not qualify. His problem is no one wants to represent him, given his reputation and attitude.
ProudMNDemocrat
(20,901 posts)Assign a Public Defender, as is stated in the reading of Miranda.
Then bring on the other indictments for January 6th and State of Georgia.
Freethinker65
(11,203 posts)Media should call around seeing if they can find anyone willing to represent Trump with the proper security clearance and jurisdiction.
Beachnutt
(8,910 posts)hire him an attorney.
Siwsan
(27,834 posts)Unless, of course, Alan Dershowitz is available.
kskiska
(27,165 posts)FelineOverlord
(3,851 posts)intrepidity
(8,582 posts)FelineOverlord
(3,851 posts)🙄
ProfessorGAC
(76,711 posts)I was going to post that, but you already did.
I read that piece, too.
Methinks he isn't the lawyer he thinks he is
Vinca
(53,994 posts)PoindexterOglethorpe
(28,493 posts)Stuart G
(38,726 posts)Wanna take a bet on that one?
honest.abe
(9,238 posts)Most judges will then set the case of a Determination of Counsel hearing, which is a subsequent hearing intended to allow a defendant enough time to obtain an attorney.
https://www.hornsby.com/criminal/procedure/arraignment.html#:~:text=If%20a%20defendant%20has%20not,of%20not%20guilty%20be%20entered
ExWhoDoesntCare
(4,741 posts)The clock for the trial starts ticking.
Nothing there says that not having representation at an arraignment delays the trial.
Where does it say that it would?
Jirel
(2,369 posts)Let him ask DeSatan to do the paperwork for him to handle the arraignment pro hac vice under his supervision.
SWBTATTReg
(26,259 posts)despite all of his supposed money.
Isn't that nice, for Karma? I love the way this works. Instead of celebrating book tours (his books), and going on ex-presidential trips across the Country or the world, and being received as a visiting dignitary, he's being shunned, scorned, and ridiculed. And all for what?
No wonder the fake hairdo guy declared bankruptcy so much, mentally and financially.
LiberalFighter
(53,544 posts)muriel_volestrangler
(106,214 posts)and on Monday, he says he can't get a lawyer?
https://www.cnbc.com/2023/06/09/trump-lawyers-quit-classified-documents-case.html
Were Trusty, Rowley, and Blanche (who the article says was still representing him) all unqualified for Florida? Was there no Florida lawyer on his team? Since he lives in Florida, and the case about the documents had already been in Florida courts (in front of Cannon), wasn't that a deliberate omission?
onenote
(46,146 posts)They are DC-based lawyers, not admitted to practice before the Southern District of Florida.
The rules of the Southern District expressly state that "only" attorneys admitted to practice before the district court of the Southern District of Florida may appear before the court as attorneys. There is an exception for attorneys who are not admitted to practice before the court but obtain special admission on a "pro hac vice" basis. However, for an out-of-district attorney to be admitted on a pro hac vice basis, a motion must be filed on behalf of that attorney by a "co-counsel" who himself or herself is a member in good standing of the bar of the SD Florida.
In the special master case, Trusty and Rowley appeared on a pro hac vice basis on the motion of their co-counsel, a Florida lawyer, Lindsey Hannigan. Not sure why she isn't able to represent him at the arraignment, but (speculating) it might have something to do with the fact that she conceivably could be a witness.
muriel_volestrangler
(106,214 posts)and mentioning Hannigan. Good to know DU has the expertise, even if cable media doesn't ...
claudette
(5,455 posts)The orange criminal wins. They should provide a public defender. Isnt that the way any other criminal would be treated
ExWhoDoesntCare
(4,741 posts)If he doesn't have a lawyer by the arraignment, then he gets to enter a plea of not guilty.
With the plea on the record, the trial clock starts ticking at that moment.
claudette
(5,455 posts)a good thing 😊
LetMyPeopleVote
(179,883 posts)honest.abe
(9,238 posts)during the time they are looking for a lawyer following first appearance for arraignment if they can afford a lawyer but simply have not produced one by the arraignment date.
Can some legal type DUer confirm that? Thanks.
sakabatou
(46,151 posts)Mr. Ected
(9,714 posts)In other words, what is worst case scenario on a delay in arraignment?
And who will make that call? Lucy Cannon?
ExWhoDoesntCare
(4,741 posts)You don't get to delay an arraignment. Not in FL.
If he doesn't have an attorney by the day of arraignment, then FL law automatically lets him make a plea of Not Guilty. What they do after that regarding any bail/release terms, I'm not sure. But his plea will go into the record, with or without an attorney there.
And the trial clock starts ticking.
BlackSkimmer
(51,308 posts)What's that popular saying? "If you cannot afford a lawyer, one will be appointed for you..."?
AZSkiffyGeek
(12,744 posts)dalton99a
(94,155 posts)Response to dalton99a (Reply #52)
onenote This message was self-deleted by its author.
onenote
(46,146 posts)She was present at the search of Mar-a-Lago and was local counsel in the lawsuit he brought challenging the search warrant and seeking a special master.
As recently as a week ago, she was part of the team of lawyers that met with the special counsel's office. I suppose there could be an issue of her representing him in court if she might be called as a witness, but her past involvement hasn't stopped her from representing him in the run-up to the indictment being issued.
jmowreader
(53,194 posts)First president to appear in propria persona at his espionage trial.
Listen folks, there is absolutely no requirement that you go to court with a lawyer. You are completely entitled to represent yourself in court - and Trump may have to do that. If he does the YouTube videos will also go down in history as the ones that knocked Gangnam Style off its perch as the fastest video to hit 1 billion views.
Response to brooklynite (Original post)
AllaN01Bear This message was self-deleted by its author.
sarcasmo
(23,968 posts)LetMyPeopleVote
(179,883 posts)Cha
(319,089 posts)Orrex
(67,115 posts)If it's good enough for some bottom-feeding drug dealer in my town, it's good enough for Trump.
keithbvadu2
(40,915 posts)Get it in advance, Rudy.
Fla Dem
(27,634 posts)Gee if it was that easy to avoid an arraignment everyone would say they couldn't get an attorney.
Buns_of_Fire
(19,162 posts)So how long before the judge says "Look, assface. You're jerking us around. Come in here with counsel on (date certain) or..."
Or what?
ancianita
(43,307 posts)onenote
(46,146 posts)It's not enough simply to be licensed to practice in Florida. You also must apply for and be admitted to practice before the specific court.
Here's more detail on the admission process in the Southern District of Florida:
https://www.flsd.uscourts.gov/admission-practice#:~:text=Pursuant%20to%20Rule%201%20of,standing%20of%20The%20Florida%20Bar.
republianmushroom
(22,326 posts)Problem solved. So there is no problem right.
Midnight Writer
(25,410 posts)calguy
(6,154 posts)that criminal justice isnt just like the movies where Cousin Vinny shows up and wins the case?
ShazzieB
(22,593 posts)Easily. He's obviously the worst client in the world, for a long list of reasons. As suspicious as this looks, I can't discount the possibility that he's genuinely having trouble lining up a lawyer who's admitted to the bar in Florida. I hope he gets one lined up today.
In any case, appointing a public defender is not a solution to this. Those are for people who can't afford an attorney, not people who are so obnoxious that no lawyer wants to work with them. Besides, public defenders are paid with taxpayer dollars. Making the American people pay for that clown's legal representation would be an outrage.
Cha
(319,089 posts)could rep him in Florida don't want their reputations sullied besides Dt being an impossible client?
Everyone knows how strong the case against him. There's a lot someone could lose by taking on his defense, and very little to gain.
BlueWaveNeverEnd
(14,261 posts)Hekate
(100,133 posts)brooklynite
(96,882 posts)You are NOT entitled to a PD if you can afford to hire an attorney.
honest.abe
(9,238 posts)If you have the financial means, you can just say I cant find an attorney and delay things indefinitely?
brooklynite
(96,882 posts)honest.abe
(9,238 posts)Emile
(42,300 posts)ecstatic
(35,075 posts)I'm out of the country. Hard to keep up with everything!
Laura PourMeADrink
(42,770 posts)Country are you in, out of curiosity.? Do they hate TFG?
ecstatic
(35,075 posts)Nobody has mentioned it or weighed in.
bluestarone
(22,182 posts)If it were one of us, that were in the same predicament, what would be the judges decision?
LetMyPeopleVote
(179,883 posts)W_HAMILTON
(10,334 posts)NowISeetheLight
(4,002 posts)What lawyer who cares about his reputation would want to represent the Great Leader? I mean hes obviously so guilty or so much in so many states. The guy is like Kryptonite.
Response to brooklynite (Original post)
H2O Man This message was self-deleted by its author.