
Originally Posted by
Joe Walther
I'll concede your point to a small degree here, Frogman. Jury nullification is always a potential problem. The courts won't include jury nullification in their instructions simply because, short of culpable fraud, tampering, etc, they can't hold juries in contempt for their findings of "fact."
Having said this, they have yet to even pick juries for these upcoming trials. Impaneling a jury is the first step, once a trail begins. It will be a few weeks, at the least, before that happens and a matter of weeks for each of the trials.
All sorts of legal shenanigans can happen in the interim. Depending on what discovery uncovers, she could end up at the extremes of either plea bargaining if the evidence points to an overwhelming chance of conviction or going all out for an acquittal.
You gave me pause to check into this one by going into the public record to date. Personally, I think the prosecution poses a bigger threat to any acquittal or reduced charges.
She has proffered a defense of legislative immunity to the perjury charges. This is fine as far as it goes. But, her argument is weak. Essentially she claimed that since she has legislative immunity, she was never required to divulge certain information in the first place.
OK, let's say that she has a valid legal point. But, she still lied under oath, which IS perjury; and legislative immunity does not mitigate it. First year law students understand this intuitively.
But, somehow, the prosecutor in this case failed to notice it. Of course, if it goes contra to what the investigators and prosecutors wanted, they'll blame it all on the judge.
Finally, it's ludicrous at best to think that a Democrat Governor would appoint a Republican Mayor if it comes down to it. It's even more ludicrous to assume that there would be a Republican dumb enough to take the job in a city where Democrats outnumber Republicans by a ratio of about 15 to 1.
I wouldn't worry about jury nullification here; it's the least that can go wrong for the prosecution.
All the NAACP has done is inquire as the the succession protocols. They're hedging their bets, so to speak.
Regards,
Joe Walther