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295 points AndrewDucker | 1 comments | | HN request time: 0.198s | source
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BrenBarn ◴[] No.45048272[source]
Our legal system is a shambles that is clearly not prepared to handle this kind of thing, even setting aside the situation with the supreme court. It's become clear that the "shadow law" of simply passing unconstitutional statutes, filing frivilous lawsuits, etc., is operating independently of the real legal system moves too slowly and does not have adequate mechanisms to prevent what is essentially a DDoS attack. All justice is delayed and so all justice is denied.
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eviks ◴[] No.45049638[source]
> passing unconstitutional statutes > independently of the real legal system

The former is literally the real legal system, nothing shadow about it. Shadow would be some hidden deal to drop charges or something.

It's also not DDOS when a huge part of what you call "real" is exactly the same, so not unwillingly overloaded but willingly complicit.

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dudefeliciano ◴[] No.45049939[source]
the real legal system is slow by design, to carefully review cases and ensure fairness. It should also be based on good faith. The vulnerability comes from one bad faith party flooding the system with bad faith cases and appeals (as trump is doing). Even when he fails, the process becomes the punishment for the opposing side (journalists, political opponents...). When he wins, he wins.
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hiatus ◴[] No.45052009[source]
> The vulnerability comes from one bad faith party flooding the system with bad faith cases and appeals

No, this is literally a "both sides" issue. Lawfare is not new. See the continuous legal battles over the second amendment in states like NY, NJ, and CA.

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dudefeliciano ◴[] No.45052271[source]
i was not aware of Biden or Democrat presidents filing personal lawsuits against journalists and politcal opponents...
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rayiner ◴[] No.45053198[source]
Just last week a New York intermediate appellate court overturned the $500 million fraud judgment against Trump: https://www.politico.com/news/2025/08/21/new-york-civil-frau.... Yes, it wasn't brought by Biden--but it was brought by an elected Democrat Attorney General who campaigned on "going after Trump." Note that, out of the five judge panel, three would have overturned the underlying conviction, while two would have granted a new trial, and one would have thrown the case out entirely:

> Two other judges, John Higgitt and Llinét Rosado, said James had the authority to bring the case but argued for giving Trump a new trial. And the fifth judge, Justice David Friedman, argued to throw out the case, saying James lacked the authority to bring it.

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pstuart ◴[] No.45054262[source]
The case was based on Trump's former attorney mentioning criminal acts his client had done -- it was an attempt to hold Trump accountable for those crimes.

The reason a democrat would be involved in such prosecution is because every GOP member has effectively sworn fealty to Trump and they will fiercely protect him from any accountability.

Biden was many things, but not corrupt in the sense that Trump is. Yes, his son did business trading on his relationship but that was legal (albeit distasteful).

Most dem voters dislike corruption, even if it's one of their team; I don't see that on the other side of the aisle. Disclaimer: I am not a dem.

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rayiner ◴[] No.45055435[source]
The link above is about the New York civil case.

If you're talking about the criminal case, it's even worse, as CNN's chief legal correspondent explained: https://nymag.com/intelligencer/article/trump-was-convicted-... ("Most importantly, the DA's charges against Trump push the outer boundaries of the law and due process."). Or, as an MSNBC legal columnist explained: https://www.msnbc.com/opinion/msnbc-opinion/trump-guilty-hus... ("Most DAs wouldn’t have pursued this case against Trump. Alvin Bragg got lucky. Let’s be honest with each other. Manhattan District Attorney Alvin Bragg’s case against former President Donald Trump was convoluted.").

You could write an entire Harvard law review issue about the novel legal issues raised by the Trump criminal case: Can a state crime be predicted on an uncharged federal campaign finance violation? can someone violate campaign finance law--which is focused on preventing candidates from misusing donated funds--by using their own money to pay off a porn star? Can you bootstrap a misdemeanor into a felony through a triple-bank-shot involving an uncharged secondary crime and a choice of three possible tertiary crimes? When you prosecute someone for a business records misdemeanor, but almost all the allegedly bad conduct relates to unspecified secondary and tertiary crimes, how do you instruct the jury? When you give the jury three different options of uncharged tertiary crimes to support the uncharged secondary crime, which in turn supports the charged primary crime, on what points must the jury reach a unanimous decision?

Google's and Apple's "Double Irish with a Dutch Sandwich" was a more straightforward legal theory than the Trump criminal case.

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pstuart ◴[] No.45057354[source]
In the interest of avoiding partisan squabbling on HN, I'm going to state the following and let you walk away feeling like you "won" this debate:

  1. Trump is the epitome of a corrupt pol and has pretty much gotten away with everything his entire life.
  2. Prosecuting him was not in the form of of attacking a rival, it was addressing issue #1
  3. If the roles were reversed and this was Biden we were talking about, most dem voters would still be for prosecution of blatant corruption. The magic of Trump is that his supporters (which apparently you are one of) are fine with him doing anything he wants, up to and including shooting someone on Fifth Ave
So congratulations! You are right and I am wrong and I'm so sorry to bother you with my clearly not-Trump-loving observations.
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rayiner ◴[] No.45058426[source]
> 1. Trump is the epitome of a corrupt pol and has pretty much gotten away with everything his entire life. > 2. Prosecuting him was not in the form of of attacking a rival, it was addressing issue #1

You're correct about (2), and that's the problem! A criminal case that relies on an uncharged secondary crime, which in turn relies on one of three uncharged tertiary crimes, to bootstrap a primary misdemeanor into a felony must stand on its own. Uncharged, unproven past conduct is irrelevant.

> magic of Trump is that his supporters (which apparently you are one of)

My wife and I are Fed Soc members, but we like the Georgetown cocktail parties and voted for Biden in 2020! We weren't going to vote in 2024 until the Trump criminal conviction. It was literally radicalizing. My wife used to loathe Trump, but she drove up to Pennsylvania to volunteer for his campaign after that conviction came down.

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jacquesm ◴[] No.45061987[source]
> It was literally radicalizing.

No shit.

You're a case study in radicalization by this point and one that I follow with some morbid fascination. If you, an intelligent lawyer and son of an immigrant can be radicalized to the point that you are cheering on the people who would be more than happy to deport you and most of your family on the basis of your skin color alone without any kind of due process can be radicalized then anybody can be radicalized, including me and that is a very sobering thought.

I sincerely hope that when this is all over you are still living where you do and that you and yours get through this in one piece but I would hate to be in your shoes when - if - the moment comes that you realize you are on a very dangerous path. Note that your strengths - intelligence, knowledge of the law - are being used against you.

I've seen a similar thing happen with two close friends who after 9/11 fell in with the wrong crowd and turned into 'truthers'. They were both very smart but also apparently quite gullible and they and their fellows were pushing each other ever further down into the hole.

I wrote about them:

https://jacquesmattheij.com/2020-12-19-complot-theory-believ...

Since then, after burning up all of their friendships they moved to the heartland of Australia where they are now prepping for the end times.

Sometimes it doesn't take much for a person to be radicalized and the way out is a lot more difficult than the way in.

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1. elktown ◴[] No.45067404[source]
> an intelligent lawyer

Well, some food for thought: https://www.youtube.com/watch?v=rOAl8EYlz1s