The GEORGIA RICO TRIAL: Pretrial Decisions

It was both. He was initially appointed by Governor Kemp when the judgeship was vacated, and then was elected about a year later, serving a four year term I believe.

 

DEF left out the part about the election. It's a nonpartisan election, too. So, I'm not sure how anyone can claim with any certainty that he's a Republican.

 

Not exactly what you said...

"And yes, this is exculpatory evidence, but I would surmise all motions to have the charges dismissed will be denied by said republican judge in Georgia, and not even the Georgia Supreme Court will have them dismissed."

You're predicting an outright dismissal by McAfee and the state supreme court.

 

@Wild Bill Kelsoe

Your reply was mis-formatted, so I have to just quote your post:

<Snip>
I don't know how likely, or unlikely that is. My point, is that multiple speedy trials works against Willis' plan. That's why she only wanted one trial
<End>

That won't happen, IMO. Anyone who files for speedy trial, at this point, will be put into the same, single case & trial.

 

Uhm, no that is not exactly what happened. Jack Smith wanted a January 2024 date. Trump's lawyers argued that they want a 2026 date. The judge decided in March 2024. Thus, both sides were there, arguing when the trial should be, and filed their motions therin. Your whole point is not factual here.

https://www.cbsnews.com/news/trump-trial-date-washington-dc-case/

 

that is exactly what I said. You just were not paying too close attention to it.

 

Difference between a company and a "criminal enterprise." A criminal enterprise is not necessarily a business. Mob Bosses knew their chief lieutenants but they didn't know every person who was in their organization though, even if it was 20 people.

For your information, a criminal enterprise means, "a group of persons sharing a common purpose of engaging in criminal conduct, associated in an ascertainable structure distinct from a pattern of criminal activity, and with a continuity of existence, structure and criminal purpose beyond the scope of individual criminal incidents."

https://www.lawinsider.com/dictiona... group,scope of individual criminal incidents.

 

Depends on the timing of the demand for a speedy trial, along with the argument for severance.

McAfee can't turn down everything the defendants request. That's begging for your rulings, along with the entire case, to be overturned on appeal.

 

The words "enterprise" and "organization" only have one definition.

 

That isn't true at all.

 

That's what you said, then you said this...

"And I also said that any defense lawyer can file a motion to have the charges dropped, even citing that evidence. The judge will look at the prosecution's evidence and the defense's motion and their evidence and either say the trial will go on because it meets the probable cause standard or dismiss it because it does not meet the probable cause standard."

...and they're different.

 

Like Trump !

 

YOu are not reading criminal law books, like the Black Law's Dictionary for instance or even the link I gave.

But the phrase "criminal enterprise" has a very specific meaning in criminal law, and I gave that to you.

 

LOL-- Will you concede that when Kemp appointed him, he was Republican? So, after that, he changed Parties? Not impossible, perhaps, but not especially likely, either.

I looked it up, and you both have your timelines wrong: Judge McAfee was first elected, then appointed, just this past December, to fill a higher post:


<Snip>
He is the court's newest judge, appointed by Georgia's Republican governor in December 2022
On Dec. 16, 2022, Georgia Gov. Brian Kemp announced that he would appoint McAfee to the Fulton County Superior Court to fill a seat left vacant by the retirement of Chief Jdge Christopher Brasher, who served on the court for 16 years.
<End>

https://people.com/who-is-scott-mcafee-fulton-county-judge-trump-election-interference-case-7643522

 

Criminal Organization...


"a group of professional criminals who work together as part of a powerful and secret organization"


"Crime committed by groups engaged in planned and sustained criminal activities.

 

McAfee can, and he is the judge. Part of his job is to rule on motions presented to him, whether it is the prosecution or the defense. But denials are legal-based, precedent-based, or lack of evidence based. Not saying that will happen, but the chances are extremely remote that the charges will be dismissed for any or all the defendants in the Georgia Rico Case for election interference.

 

Then you are not understanding what I wrote. I gave both options, not one or the other in that actual quote.

 

From your link...

"a group of persons sharing a common purpose of engaging in criminal conduct, associated in an ascertainable structure distinct from a pattern of criminal activity, and with a continuity of existence, structure and criminal purpose beyond the scope of individual criminal incidents."

 

If McAfee looks to biased, he can expect to be overruled.

 

And? Does that say theyt went down to the Secretary of State, filed the paperwork or presented Articles of Incoropration and so forth? No, it does not. But the definition that I quoted simply means, in laymens terms, that a criminal enterprise ascertainable structure can be as loose and not properly defined as a multimember LLC where you have multiple member managers listed and so forth. But it can be inferred by texts and other data that not all the members know each other or even converse with each other. It is a very loose structure in and of itself, not as rigid as a company where there is a clear hierarchal chain of command.

You are reading these definitions into what you want to read, not what you need to read or comprehend.

 

So har, he is not biased legally. Appeals Court and the Georgia Supreme Court will not overrule McAfee if the judge says no to the dismal of the charges, PERIOD.

 

Only because you agree with his rulings.

If McAfee decides anything unlawfully, he can be overruled. There's no "PERIOD" to any decision he makes.

 

I never said they did...lol.

 

'Two such statutes include the Continuing Criminal Enterprise statute and the Racketeer Influenced and Corrupt Organizations (RICO) statute:

• RICO: Under the RICO Act, an enterprise is defined as "any individual, corporation, partnership, association or other legal entity, and any group or union of individuals associated in fact though not a legal entity."
• Continuing Criminal Enterprise: A criminal enterprise, as defined by the Continuing Criminal Enterprise statute, is any group of at least six persons, where one of the six holds the position of a leader, organizer, manager, or any other supervisory position with respect to the other five, and which generates significant resources or income, and continues to violate laws set forth in subchapters I and II, Chapter 13, Title 21 of the U.S. Code.

 

I understand the timeline and how it came to be. Perhaps you're confused by the recent motions. Jack Smith wanted January which is absurd considering the 12+ million pages of discovery. The judge chose a day prior to Super Tuesday. Trump's defense has been trying to stall that date and the judge violating his rights on pretrial motions seems like a clear issue of trying to prevent Trump from letting this go past Super Tuesday. The prosecution complained about the defense's motions requesting they follow the law by saying it would delay the trial start which seems to by why they bypassed the defense in the first place... and the judge was more than willing to immediately oblige.

The start of the trial means nothing other than the desire to interfere in the election. There's no other reason to complain about following the law like they have done for every other defendant not named Donald Trump that goes through the federal court system.