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Posted

I thought I'd provide my amateur legal analysis of Trump's legal standing against the order from New York.

1. So far, I haven't heard the official word that a warrant has actually been issued by any court.
2. If issued, NY would invoke the extradition clause of the Constitution which requires a court in the harboring state to give up the accused to the authorities of the issuing state.
3. Through precedent, the governor of the harboring state has been taken out of the picture.  Now it's all about the courts.
4. One thing that no one has brought up in any of the discussions is that the warrant has to be "valid."

Since the activities for which he is being accused were over 5 years ago, there is no felony that he has even been a hint of accusation that has a statute of limitations beyond 5 years.  They say NY wants to roll that into some campaign finance thing during the 2020 election. But so far, everything I've heard does not affect nor was affected by the 2020 campaign.  

So, the courts in Florida "could" simply state that the warrant is not valid because it is for an "alleged" crime that is beyond its statute of limitations.

Additionally, Trump's legal team could sue the state of NY through the Federal courts for harassment and abuse of office.

But instead, he's probably going to get arrested, beat the system and get popularity points for his election.  So, he'll win no matter what.

Posted

OK, so the grand jury case against Trump kinda fell apart.  It depended on the testimony of Trump's lawyer.  But the former federal prosecutor who investigated the case and called it a non-issue testified that the lawyer was essentially a compulsive liar.  

So, the DA has to consider if the jury will simply find Trump guilty without any evidence or testimony, but by the accusation alone.  As I see it, almost everyone in the country believes he did it.  But right now, there is no actual evidence of it.

The additional problem is how to get over the statute of limitations, which the DA has failed to address publicly.  I don't know if the judges will overlook that as well.  But if so, all Trump has to do is appeal it and he's free.

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