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Ms. Toad

(37,467 posts)
11. Tough call.
Thu May 15, 2025, 03:29 PM
May 15

I know enough about most areas of the law to be dangerous - some I know enough to be effective. (I practiced civil law - primarily contract and IP) and I taught everything that is on the bar exam (about 21 subjects - which includes criminal law and procedure). I'm most effective where there is a teaching/practice overlap. Criminal law is one where I know enough to be dangerous, since most of my experience is in the teaching arena.

So take this with a grain of salt.

This is a political prosecution - like Hunter Biden, so they aren't likely going to accept any of the early out options via a plea bargain - so it would be a judgment call by the judge. They aren't likely to have any prosecution good will. The affirmative defense of immunity can be the basis for granting a motion to dismiss before the trial starts. But this is a criminal charge, not a civil one, so immunity isn't likely. Parlor tricks by the judge's counsel, aside, the Supreme Court decision about immunity for official acts by the president isn't likely to carry much weight. Maybe a directed verdict - but that would more likely be at the end of the feds case.

Based on a handful of reported cases (I didn't review the judge's entire record), Judge Adelman seems fair, and inclined to be skeptical of government and corporate overreach.

But - whatever happens at the trial level, I would expect issues to be appealed to the extent they can by both sides (double jeopardy, after the empanelment of a jury, might prevent some government appeals).

Bottom line - I wouldn't hold my breath for a decision before trial.

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