There are so many questions that start: “Can Trump be tried for . . .” One of the frequent answers is something like, “Well, there’s no precedent, so probably not.” BREAKING NEWS: the only way to CREATE PRECEDENT is to take a maiden legal voyage. Other legal eagles may disagree https://twitter.com/gobidad11/status/1283835595735932928
and I greatly respect their expertise and wisdom. My personal experiences inform my unyielding view that we MUST take maiden legal voyages in January to hold Trump and ALL political criminals accountable for their crimes. Regarding maiden voyages, here are some of my experiences:
Because you can’t start a trial if a defendant is not physically present in court “at the commencement of his trial”, I was told I could not proceed to trial against a man who murdered his elderly wife because the man had starved himself
from 180 to 91 pounds, in an effort to avoid being tried for his crimes, and could not safely be transported to the courthouse for the commencement of his trial. I was told by many appellate authorities that there was no precedent, so I couldn’t do it. Guess what . . . I did it.
And today, that defendant, Albrecht Muth, is serving 30 years in prison for the murder of his wife, Viola Drath. And at least some modicum of justice was achieved for the Drath family. In another case I was told I could bring for a lack of precedent, two gangs of young men
shot up the backyard area of an apartment complex in Washington, DC, on a beautiful June afternoon. The gunmen did not hit one another. But they did send a stray bullet ripping into the back of a grandmother named Helen Folster-el, as “Ms. Helen” was attempting to
shepherd young children to safety amidst the gunfire. We decided to charge ALL gun-battle participants with second degree, depraved-heart murder for their willing participation in a gun battle in a crowded urban area putting innocent bystanders at risk. I was told it couldn’t
be done, there was no precedent in DC. We did it. And the appellate court would go on to adopt the “urban gun battle theory of homicide liability.” In short, we CREATED precedent. Of course, when you take a maiden legal voyage, you might fail, you might lose, your ship
might sink. If you’re afraid of losing, then step aside and let others enter the arena to hold accountable this criminal president & his co-conspirators, accomplices, aiders & abettors and accessories after the fact. Because we have a lot of work to do to rebuild our government
repair our institutions and re-earn the trust and confidence of the American people.
You can follow @glennkirschner2.
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