emailking
Atlas Icon
Posts: 14,518
|
|
« Reply #1 on: March 15, 2023, 02:19:27 PM » |
|
What's in the best interest of the nation or whether his jailing will cause a civil war, are not standards that anyone is required to take into account when determining whether he should be charged, tried, convicted or sentenced.
Sure, maybe Smith decides he won't recommend an indictment because it won't be in the best interest of the nation, but that is doubtful given his background as a war crimes prosecutor.
If he does recommend an indictment, Garland would have to find that his recommendation is not what a reasonable prosecutor might recommend based on the facts and the law. Legally, he cannot use a standard like interest of the nation in this assessment.
Trump's defense lawyers cannot argue to the jury that they should not convict because it might start a civil war or whatever. (Conceivably they could acquit for that reason anyway though.)
The judge has some leeway in sentencing but depending on that the crime is, mandatory minimums could come into play.
The secret service has no authority to influence, block, or circumvent a sentence handed down by a judge.
|