Even if this were true, would it really be grounds for a mistrial or for an appellate court to overturn the conviction?
It has always been my understanding that, in order to prove juror misconduct or bias, the defendant must prove that the alleged bias was extra-judicial.
That, to me, means that the juror went into the trial with a bias against the defendant. If the juror, through the course of the trial, and based on the evidence and testimony presented, decides that the defendant is guilty, well, that is exactly what a jury is supposed to do, isn't it?
In an ideal world, we might prefer the jurors to keep an open mind and defer judgement until all the evidence and testimony is in, but I don't think it is grounds for retrial if the juror makes up his or her mind early. Now, if the alleged text message had been sent before the juror was selected and said something like "I sure hope I am selected so I can nail this bastard", that would be grounds, or at least much closer to it. It would also be a sign of incompentent defense lawyers during voire dire. They should have caught such a juror and dismissed them for cause.
I think that the fact that the jury deliberated for a relatively short period of time, considering the historic nature of the case, is an indication that most, if not all, of the jurors had made up their minds well before the end of the trial.
It would be improper for a juror to send such a message, but, IMHO, not a fatal error that requires a retrial or dismissal.
Of course, none of that is going to convince a dedicated MAGAt. To them, the fact the a guilty verdict was delivered against their orange god is grounds for dismissal. Hell, just bringing the charges and having the trial is grounds for a mistrial, annointing Trump as the President without bothering with the trial, burning down the courthouse and hanging Alvin Bragg.
Trump to escalate blame on trial judge Juan Merchan if sentenced to prison The former president is likely to turn Merchan into public enemy number one in front of his supporters, sources say
Hugo Lowell in New York
Sat 8 Jun 2024 15.00 CEST
Donald Trump is determined to avoid jail, but if he does get handed a prison sentence after his conviction on 34 felony counts in New York last week, the former president’s inner circle is certain he will lay the blame squarely at the judge’s feet, sources familiar with the matter said.
The precise way Trump might blame the judge, Juan Merchan, remains unclear because Trump has been avoidant of the issue and the matter was not resolved when he huddled with his top advisers at a Trump Tower meeting immediately after the verdict on Thursday, the sources said.
But Trump is likely to double down on his attacks against Merchan, directing his supporters at rallies and in Truth Social posts to take up their grievances with the judge, one of the sources added.
The consequences of Trump’s likely rhetoric are difficult to predict. Trump has been railing against Merchan for months as being unfair and in conspiracy cahoots with the Biden administration to prevent him from campaigning – and nothing concrete has happened.
Still, Trump’s supporters have a history of making threats against judges Trump has assailed, including death threats to Tanya Chutkan, the US district judge who is presiding in his federal 2020 election interference case, and to the chambers of the New York judge who oversaw his civil fraud trial.
Trump believes – correctly – that the ultimate decision with sentencing rests with Merchan, who has wide discretion to sentence him to fines or probation on the low end, to a carceral sentence on the high end, regardless of what prosecutors might request.
That reasoning would be the basis for Trump to hold the judge responsible for any fallout, in the event he hands down a jail term days before the Republican national convention – even if the sentence would almost certainly be stayed pending appeal.
"Hey! We left this England place because it was bogus, and if we don't get some cool rules ourselves, pronto, we'll just be bogus too!" -- Thomas Jefferson
I've said it so many times: "Why would someone with so many skeletons in their closet put themself in the spotlight by running for any public office? Much less the highest office."
Former President Trump is scheduled to sit for a virtual interview on Monday with a New York City probation officer from his home at Mar-a-Lago with his attorney Todd Blanche at his side after he was found guilty on all counts in the hush money trial against him last month, three sources familiar with the matter told NBC News.
Some legal experts noted that holding a probation interview over a video conference call is unusual but having the former president in a New York probation would also be unprecedented.
Martin Horn, former commissioner of the New York City Department of Corrections and Probation, told NBC News, “it is highly unusual for a pre-sentence investigation interview to be done over Zoom," but acknowledged that an in-person visit by Trump to the probation office would be "very disruptive."
Horn noted that the typical purpose of a probation interview is to obtain information on Trump’s social and criminal history, financial resources, history of mental health, physical or addiction issues as well as to assess his living situation.
Trump could also be asked if he is associating with anyone with a criminal record because he cannot associate with them if he is placed on probation, Horn said. The probation officer may also want to interview others in Trump’s home afterward. Although officers typically fulfill their inquiries in one session, there could be follow-up interviews. The probation officer will then write a report and deliver it to Merchan.
“To the extent that an E felony is punishable by jail, this case screams out for jail time, he has shown no remorse and has been held in contempt 10 times, but the judge warned him if he breaks the gag order I will send you to jail and then he did it again several times,” Levin said. “And subverting the election process is as serious a records violation as has ever come through the New York courts.”
Tim Walz’ Golden Rule: Mind your own damn business!
zekeb wrote: ↑Sun Jun 09, 2024 11:33 am
I've said it so many times: "Why would someone with so many skeletons in their closet put themself in the spotlight by running for any public office? Much less the highest office."
The irony of this particular criming by Trump is that it was unnecessary: if the story about his bad behavior with Stormy Daniels has come out, his vile supporters would not have cared one bit. A crook and a fool.
zekeb wrote: ↑Sun Jun 09, 2024 11:33 am
I've said it so many times: "Why would someone with so many skeletons in their closet put themself in the spotlight by running for any public office? Much less the highest office."
Because Obama humiliated him at the Washington Correspondents dinner.
That's it. That's the reason. Turnip had been hinting he MIGHT run for decades in order to make the press pay attention to him, but he never had the courage to actually do it, as he was always terrified he would lose. Obama humiliated him enough that he actually frigging did it to get his alpha status back.
Turnip is a reactor not an actor. people keep thinking there's big plans in his head and big well planned out reasons for what he does. Nope, its Shame and Fear and Greed, that's it.
Plus, the Russian were probably pushing him to do it in thanks for all the money they gave him. Without that money he would have gone broke in the early 2000s. The implied threats that they would pull the plug on him, and reveal they were the only thing keeping the great businessman afloat, probably terrified him.