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"I usually do not weigh in directly in the Comments, but my inbox is filled this morning with worrie

I usually do not weigh in directly in the Comments, but my inbox is filled this morning with worried emails about Judge Cannon delaying the trial until after the election. That is very likely to happen. Any defense team worth its salt can file enough pretrial motions and interlocutory appeals to delay a criminal trial for sixteen months (the two-month minimum required, plus sixteen months to get to November), so Cannon need not give Trump an unfair assist to delay the trial beyond November 2024.

I don't think we should stress over that fact. Convicting Trump is not a substitute for beating him at the ballot box. Indeed, if we don't beat him at the ballot box, a conviction will be irrelevant, regardless of whether it occurs before or after the election in November.

Also, many have mentioned the absence of cameras in the courtroom to curtail Cannon's impulse to unfairness. That is true, but in the prior proceeding, Cannon issued all of her orders from in chambers. She was on the bench for a few minutes. Not so in the trial. She will be under the constant scrutiny of the press--and subject to criticism for her obvious inexperience, ignorance of the law, and bias. I don't think we should underestimate the pressure of intense scrutiny from the press or the capabilities of Jack Smith's team.

Finally, many people have expressed concern over the Miami jury pool. The DOJ has obtained multiple convictions with Trump supporters on the jury--Paul Manafort, the Proud Boys, the Oath Keepers. And Durham suffered two acquittals of defendants he charged even with the presence of Trump supporters on the jury.

And let's clear one thing up: Trump WILL NOT be acquitted. He may achieve a hung jury, but no jury will find him innocent of the charges. The DOJ can try him a second time if there is a hung jury.

In the end, we are not entitled to a conviction of Trump. The public is entitled to a fair trial of Trump on the charges in the indictment, nothing more. A fair trial should result in a conviction, but there is no guarantee of that outcome, so let's stop stressing over every bump in the road that might decrease the likelihood of a conviction. We have a long way to go and this process will be challenging for us all. For now, Smith has filed a stronger than expected indictment that shows Trump lied to his own attorneys and the FBI to conceal the documents and suggested that his lawyer destroy documents after receiving a subpoena from a grand jury. It doesn't get much worse than that!

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Almeda Bohannan

Update: 2024-12-04