Profesor de Harvard revela los problemas “importantes” del juicio penal de Trump

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A retired Harvard law professor says that they should investigate the prosecutor who presented the New York criminal case against former President Donald Trump.
The also constitutionalist expert, Alan Dershowitz, said in a recent social media post that there are important problems in this case.
Prosecutors, for example, still have to prove to the jury that the money that President Trump paid to his ex-partner and lawyer Michael Cohen is allegedly an illegal payment.
Prosecutors, for their part, claim that President Trump supposedly initiated a plan to reimburse Cohen the money he had previously paid to an adult film actress so as not to set up a scandal on the eve of the 2016 elections.
The woman, whose artistic name is Stormy Daniels, threatened him with airing an alleged adventure that former President Trump, for his part, strongly denies.
The ex-manager assures that such a thing never happened. In the publication of Professor Dershowitz, which is titled Important Problems, he details that the only legal justification for Mr. Trump to pay that money is to avoid a lawsuit.
That is, to have reached an agreement. But he also said that if, on the contrary, he made those payments to avoid a scandal and bad press, we would be talking about extortion.
That is, that the former president would have been, I quote, a victim of a serious crime. He said the following.
Professor Dershowitz reiterates in a hoarse tone that it is not extortion if he paid to avoid a lawsuit, and that if so, it is a legal expense.
In another post, he went further and described the case as a montage against the former president.
The expert suggested that there could have been many ethical violations in this trial, which has already lasted more than six weeks. Judge Huamerchan said that the jury should return today to hear the final allegations of the case.
He said mistakes that make it very difficult to testify. Anything I've done, anything I've done before, they can take it all out. And you know what? I've had a great past. But it's just anything.
The other reason why I didn't go on the road, he added, is because they have no case against me. Then he said to himself, why testify if they have no case?
A day ago, a New York court of appeals denied former President Donald Trump's request that Judge Juan Merchant be rejected, that is, to leave the Manhattan case when he had been presiding over the hearings for six weeks.
To better understand, we have to go back to mid-April, when the trial was also beginning, more or less. At that time, the former president's legal team requested the rejection of Judge Merchant.
They alleged that his daughter worked for an advisory board of candidates for the Democratic Party. Judge Merchant said he would continue in the case until the court of appeals issued a decision against him.
But a panel of judges at the end of May said that the former president had not provided enough evidence to show that Judge Merchant had abused his power.
The author said, according to ABC News, the following.
The plaintiff has not shown that the court acted by overestimating itself in its jurisdiction by denying his request. The petitioner has not established that he has a clear right to refuse.
Throughout the trial, President Trump has been subject to a brutal order. This has forbidden him to comment on the prosecution staff, witnesses, the court staff and the family of Judge Merchant.
Of course, he has repeatedly criticized the judge, saying that he has conflicts of interest and that he is not impartial.
The judge has forced him to be present in all hearings, practically from Monday to Friday, which has also prevented the former Republican presidential favorite from campaigning for the November 2024 elections.
Judge Merchant has said that he expects the final closures or additions of the defense and the prosecution to last all day, or maybe more.
After this, he said that he will give instructions to the members of the jury on the laws for about an hour before sending them to deliberate.
He said they could be deliberating as soon as next Wednesday.
The final closures or additions, which are sometimes also called additions, are the last chance for each party to review the case and try to persuade the jury to absolve or condemn the defendant.
It is expected that Attorney General Joshua Stenglitz will close the indictment, highlighting parts of the evidence and testimonies that he considers support his case.
The defense, for its part, is likely to remind the members of the jury of the inconsistencies and credibility problems that have been seen in many of the key witnesses of the indictment,
while emphasizing the innocence declared by President Trump.
But before the prosecutors and their lawyers present their final allegations, former President Donald Trump has said something.
In statements to journalists outside the courtroom, the former president said,
This is a very dangerous day for the United States. It is a very sad day.
Before, he had read an excerpt from an opinion article in the Wall Street Journal that criticized the trial and the case against him.
And a day before, he disagreed with the order in which the allegations were carried out.
He wrote in Truth Social that corrupt government prosecutors are allowed to present the final allegation to the jury, and asked why his team could not be the last.
And that this was in his opinion a great advantage for the prosecutors.
In his comments to the journalists, the former president criticized the judge of the case again, whom he described as conflictive and corrupt.
Then he said that he could not speak anymore due to the order of silence of the judge.
He was accompanied by three of his sons, Don Jr., Eric and Tiffany, along with one of his campaign directors, Susie Wise.
On Monday, Judge Juan Merchan had told the court that, according to the state law, defense lawyers must present their allegations first to the prosecutors.
After that, the lawyers cannot speak to the jury.
Defense lawyer Todd Blanche, before starting, told the court that he expected to speak for about two and a half hours.
Prosecutor Joshua Stenglis said it could last up to four and a half hours.
As we say, the allegations will give the lawyers one last chance to address the Manhattan jury.
After weeks of testimony, the Summaries raise an unprecedented and historical task for the jury,
which will decide whether to condemn the alleged Republican presidential candidate for having paid a porn actress not to publish his alleged adventure,
something that, on the other hand, the former president refuses.
However, these final allegations do not count as evidence of the case.
They are like summaries of the key points that lawyers want to leave to the jury before they make their statements behind closed doors.
The judge insisted to the jury that, I quote,
nothing that lawyers say at any time is proof, so nothing that lawyers say in the Summaries is proof.
And I add, it is their own compilation, understanding and evaluation of the evidence that guides them and you,
and only you are the judges of the facts in this case. End of quote.
If the jury ends up declaring the former president guilty, the sentence would be dictated on a later date.
However, even if this is the case, some analysts have said that the judge would probably not impose a prison sentence,
partly due to his age, the 77 years, because he does not have previous sentences, because the charges do not imply violence,
and although they are all serious crimes sought by the prosecution, they are of Class E.
And according to the journalistic records, no one has ever gone to jail for a Class E crime.
In addition, President Trump has the right to life protection from the US Secret Service, according to federal law.
What does this mean? Well, that agents would have to protect him while he is in prison.
It is also likely that the former president will appeal the verdict, whatever it is, which could take months or even more.
His legal team would then appeal to the Appellations Division in Manhattan and, later, to the New York Court of Appeals.
Although it is true, there are still three other cases against him in Washington, Georgia and Florida.
Prosecutors claim that he tried to illegally cancel the 2020 elections and that he illegally retained confidential documents after leaving the White House.
Trump has been declared innocent of all charges and denunciations that are part of a wide-ranging long-term initiative to make it impossible for him to re-elect as president in 2024.
Except for the case that he retains in New York during the week, the rest have remained paralyzed in recent weeks without setting any date for the trials, for various reasons.
Some attribute it to the fact that Trump's legal team has been able to play their cards well to delay them until after the elections.
Others say that if Trump wins, the elections could even be absolved.
The former president appeared last week at the nomination convention of the Libertarian Party in Washington, as well as at a rally, a rally, in the south of the Bronx, in the city of New York.
During the convention, he told the Libertarians to vote for him and support him for president.
He pointed out that this third party often only obtains small percentages of votes during presidential elections.
That's why he said,
The former president also submitted a petition to the judge on Monday in his case of confidential documents.
He asked him to annul the request of Special Attorney Jack Smith to impose another order of silence on him, and to punish all government lawyers who planned to submit the unconstitutional request to silence him.
Special Attorney Smith asked Judge Aileen Cannon to impose a death sentence on the former president.
He alleged that the former president's comments about the FBI authorizing the use of lethal force in the raid he launched in his Florida residence in 2022 posed a danger to the forces of the order.
And it is that, as we reported, the operation plan for the Mar-a-Lago raid appeared.
He described that FBI agents must be prepared to confront President Trump and his Secret Service agents during the registration and seizures.
The former president's campaign claimed that the Department of Justice was prepared and ready to kill the former president because he authorized the FBI to use lethal force during the raid.
The use of lethal force was included in a statement in the document that cited the government's standard policy around such actions of application of the law.
After the statements of Trump's campaign, Smith's team requested an order of silence.
But, according to Trump's lawyers, the appropriate procedures were not followed, such as consulting them in advance, or the alleged dangers to security that would be avoided with the order were not justified.
They described the request as a, I quote,
They also accused the special lawyer and his team of not identifying any direct evidence of the security dangers that are said to exist for the agents of the order.
And they added,
This is a behavior of bad faith, simply and plainly.
President Trump's lawyers intend to accuse all government lawyers who participated in the request for the order of silence of civil discontent.
They want the judge to impose sanctions on them after holding a trial hearing.
In his request for the order of silence on May 24, Smith asked Judge Kennan to modify President Trump's conditions before the trial.
He said,
The writing says the following,
And they expose those agents, some of whom will be witnesses in the trial, to the risk of threats, violence and harassment.
The prosecutors said, in the request for the order of silence, that President Trump distorted that a standard policy of lethal force was included when he made statements that the FBI was authorized to shoot him.
Attorney General Merrick Garland, who heads the Department of Justice, also described Trump's accusations as false and extremely dangerous.
A day later, they presented the order of silence.
Then President Trump redoubled his rhetoric by sharing a meme on social media.
The image shows President Joe Biden giving a speech while clenching his fists with the legend,
The Department of Justice of Biden authorized the use of lethal force against President Trump in the Mar-a-Lago raid.
Trump's team also wrote in their motion the following,
They have shown no respect for the first amendment, other constitutional protections, local rules and court orders.
The former president's lawyers also alleged a chain of procedural abuses and misconduct in the course of many months of Mr. Smith.
And they added that during a hearing on May 22, on motions prior to the trial that are still pending,
the judge even bothered Mr. Smith's team to just calm down.
In addition, President Trump's lawyers have stated that there was no justification for the FBI to carry weapons in Mar-a-Lago.
However, the FBI assured the Epoch Times that its agents had followed the standard protocol in the Mar-a-Lago raid.
As we do, they said, for all registration orders.
Well, this has been our episode today. Thanks for tuning in.
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