Trump asks courts to throw out evidence and disqualify DA in Georgia probe of 2020 election aftermath | CNN Politics
Trump asks courts to throw out evidence and disqualify DA in Georgia probe of 2020 election aftermath | CNN Politics
Donald Trump is seeking a new court order to essentially neutralize the Fulton County investigation into the former president’s conduct after he lost the 2020 election, as potential indictments loom in Georgia.
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”It is one thing to indict a ham sandwich. To indict the mustard-stained napkin that it once sat on is quite another,” the lawyers wrote.
Devastating legal argument, and beautifully written.
It's one thing to indict a hamberder. To indict the ketchup stained wall it was thrown against is quite another.
How does this analogy even help them? Doesn't the mustard stain put the napkin at the scene of the crime with the ham sandwich?
I don't quite get how this statement applies to their argument? Their argument appears to be that the DA doesn't have "authority"?
I couldn't really figure out what they meant, but apparently it is a reference to a famous statement made by a former Chief Judge of the New York Court of Appeals, Sol Wachtler, who said a DA could get a Grand Jury to 'indict a ham sandwich'.
The grand jury system is generally a joke. It's just a smoke screen for prosecutorial discretion. The DA can present whatever they want (and leave out whatever they don't want) and there's no due process to the defendant since they haven't actually been indicted at that point.
That said, I hope every grand jury and regular jury viewing evidence against trump does their individual responsibility and throws the book at him.