• 1 Post
  • 9 Comments
Joined 1 year ago
cake
Cake day: June 24th, 2023

help-circle

  • Fisa courts are a process to obtain search warrants. They don’t try suspects. If a warrant resulted in information that led to charges, they would be indicted by a grand jury and that would then lead to a public jury trial. You’re also changing the subject because you’re clearly wrong here and don’t want to admit it, or more likely just arguing in bad faith. You said it was the “world standard” to strip someone of a right to trial by jury if it involved national security information. And that’s obviously untrue. Hong Kong (until China changed it) and the USA are two such places where it is not the standard. Some quick internet searching would show you many countries in the world protect a right to trial by jury, even in cases involving national security information. Which I really doubt is the case here, more likely some pretext by the Chinese government so they can continue to persecute any political opposition to their one party authoritarian rule. Just because China decided to not grant their citizens a trial by jury right does not mean it is the standard in the whole world. Don’t conflate the two.


  • It’s absolutely not. There used to be right to trial by jury in all cases in Hong Kong before China took it away, which is what this article is about. So already it’s clearly not the “world standard.” Another example, United States routinely holds jury trials with classified national defense information and goes to great lengths to create a system to do this, since there is a constitutional guarantee to a trial by Jury. Process explained in this article: https://www.politico.com/news/2023/06/14/trump-trial-classified-documents-public-00102023 in regards to the trump case, which is a great example involving highly sensitive national security information. And that involves a jury too. I’d say you could just search online yourself and find out how wrong you are, but i doubt you’re arguing in good faith. So as you can see, the standard in China is not the same thing as the standard “the world over.” This was a right forcibly removed from the people of Hong Kong by China.

    Take your authoritarian apologist made up nonsense elsewhere.



  • Just to be clear, it’s not like a protective order for their person (though Jack Smith and others already have to travel with large security details because of the stochastic terrorism of Trump and most other Republicans), but a protective order of the evidence in the case given through discovery. So before the trial the prosecution has to show the defense all the evidence it has, which is called discovery. The prosecutors here are concerned that Trump is going to leak that info in some way, like witnesses lists, so that his supporters can harass and intimidate witnesses on his behalf. Or maybe even bribe them or something. What the prosecution is seeking is a protective order to prevent trump from releasing publicly any evidence that they obtain through discovery. Normally there wouldn’t be anything preventing a defendent from releasing that info, though most sane people wouldn’t generally want their incriminating evidence released publicly. If the order is granted and Trump violates it, he could theoretically be held in contempt and go to prison where he no longer can violate the order.





  • IANAL, but can read, and I think many people here are totally missing what this ruling actually says and doesn’t say. It says the standard that Colorado used in this man’s trial was too loose and would theoretically allow for conviction of protected speech. They did not say the speech in this case was definitely protected. They did not say it wasn’t threatening. It’s quite possible that if Colorado now chooses to retry the case that a jury would still decide he was guilty under the stricter standard too, but they have to retry him with a trial and jury working under that stricter standard, so that the overly loose law can’t be used to theoretically restrict protected speech under the first ammendment in the future. The supreme court just corrected the standard Colorado was using and kicked it back to them, they did not exonerate the guy unless Colorado chooses not to try him again. The headlines are all being written to be extra inflammatory and misleading.

    Just to take it to an extreme and make it extra simple, let’s say we pass a law that says, you are guilty of murder if you are anywhere vaguely near where someone was killed. A guy is caught on video clearly murdering someone. They take him to court and tell the jury in their official jury instructions, if this man was vaguely near where the murder occurred he is guilty. They of course find him guilty. Supreme court steps in and says, wait, sure he’s probably guilty, but the standard you had the jury judging him by was ridiculous, that can’t be the standard for a murder conviction, and would probably result on infringement of multiple constitutional rights if you keep using that standard. Do a new trial with a better standard.