General Discussion
In reply to the discussion: Those who are vehemently criticising Merrick Garland [View all]qazplm135
(7,654 posts)It's absolutely an imposition on the prosecution. I take you've never seen a prosecution killed because the prosecutor violated the speedy trial clock.
You've typed a lot of words that you think makes you sound smart but you simply don't know what you are talking about.
I'm not worried about impressing you because you don't have the first clue of what's required to try a case. You're too busy trying to defend what happened so you'll toss out a bunch of words.
Let's address some more of what you tried to say.
Grand juries can issue indictments in some jurisdictions which is literally what I said. In others prosecutors issue informations. Or in the military a charge sheet. There's different ways of doing it but all are basically a formulaic way of addressing having sufficient evidence to go to trial (which by law doesn't even require a preponderance std but as I said earlier, DOJ uses more of a quasi preponderance std in deciding to go forward to trial).
Your entire first paragraph is speedy trial isn't imposed on the prosecution followed by the words speedy trials are "imposed on the prosecution." Lol seriously? You can't keep it straight because you are too busy trying to tell a trial attorney how trials work when you aren't even an attorney.
I said there are two basic rights of an accused when it comes to due process that are required of the prosecution: that the trial is speedy and that there is sufficient evidence to go forward to trial.
That's pretty much it. There's a right to an attorney and other rights but those generally fall on the court not the prosecution to enforce and insure. And yes there are other basic things a prosecution has to do with discovery and other trial rights but we aren't talking about those, just the things needed to get to the trial phase.
So, if you have enough evidence to go to trial, check that block. If you have done the proper form to get to trial (indictment, information, or charge sheet) check that block. And if you do it in such a way that you are ready to go trial fast enough to satisfy speedy trial rights then check that block.
And that's pretty much it. It doesn't take four years to figure out if you have sufficient evidence in this case. It certainly doesn't take four years to get an indictment. But if you don't even start the process for two years. If you wait to assign a prosecutor for two years. If you won't even make a decision to begin the prosecution process for two years. Then yeah, it's probably going to take you four years.
You know how I know this? Because it took Jack Smith seven months from appointment in Nov 22 to indictments in June 23. That's it. Seven months. From not being on the case at all to indictment. Seven months. Only two more months for a second indictment.
So, in 9 months Smith went from doing something else to completion of all indictments in two separate cases against Trump. It was just. That. Easy.
And pretty darn standard in a federal case, if not somewhat quick to go from investigation to indictment in 9 months on two separate crimes. What does that tell you? You're not an attorney so let me tell you, these weren't particularly complicated cases. I've done mishandled classified doc cases before. It's pretty darn cut and dry. I haven't done insurrection cases but I have done obstruction of justice cases. Actually a wee bit harder but not rocket science.
Now, imagine Smith started his investigation in Feb 21. Imagine he finished it 9 months later in late 21. Imagine a trial starting worst case late 22. Before any primaries. That's what should have happened. But it didn't. And it had nothing to do with due process concerns or issues.