From the 45th President's likely defences to whether he can run for office from a prison cell, Sky News Australia's Annelise Nielsen has broken down the indictments gripping America.
Donald Trump has been indicted on four counts in the 'United States District Court for the District of Columbia'.Felony charges are serious crimes that carry potential jail sentences.Conspiracy to Obstruct an Official ProceedingThis all relates to Trump's conduct following the 2020 Presidential Election, up until the certification of the election results on January 6, 2021.
Electoral college votes are what were being certified on January 6, when rioters breached the US Capitol. The difficulty with this defence is that prosecutors have essentially side stepped this issue by focusing on his conduct , not his statements . It's the same reason why fraud isn't protected free speech: you can be wrong, but you can't lie to make someone do something you want them to do. Trump's legal team may argue at some point that his actions were"protected actions" in the office of President of the United States.The Supreme Court ruled in the 1981 case Nixon v Fitzgerald that no one can sue a sitting President.
This is called a 'Rule 21' request. There aren't many examples of cases moving courts to avoid jury bias, and fewer still in the federal jurisdiction. Enron's corporate collapse and rampant accounting fraud caused estimated losses of USD$74 billion. By the time Trump goes to trial, almost three years will have elapsed since the January 6 riot at the Capitol. This is an even longer shot than the venue change request.First, applications to change a judge have to be made to the judge themselves. Most judges aren't too happy to entertain arguments they might be biased when their core function is to be fair and impartial arbiters of the law.
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