My issue is that all the obstruction that occurs makes it difficult to sort out what charges will stick versus which will not. I have had a difficult time sorting out what has been allegedly revealed by Democratic investigations versus what Republicans claim to have refuted. Both arguments have been made in convincing forms, and as someone who does not practice law, I do not feel my opinion could be substantiated enough to weigh in either way. Since I lean left, I am more inclined to agree with you, but I am not willing to put my thoughts into a debate that I know I would lose with both sides.
I can say this much more: you don't have to believe me, but I do criminal appeals in indigent cases, meaning it's ugly blue collar crime mostly. The more violent stuff, not the embezzlement of millions by rich people.
The people who were indicted on Team Trump just about all got convicted. A couple (Manafort, Stone) by jury trial. The rest by guilty plea.
Here's the juxtaposition:
- The well enough off defendant with connections can beat a garbage case. No matter what is said elsewhere, a jury of 12 people must be convinced of guilt. OR, the defense attorney(s) must convince the defendant that there's no chance in hell of winning because the client is so damn guilty, so plead and get a deal (or cooperate).
- The poor defendants don't have that. They're thrown into the public defense system. We actually have a decent one in MA. Granted, we make less per hour than we did in 2006 (the last raise we got only got us halfway to then, and now there's more inflation with FAR more to follow from the COVID/Deficit fallout). But in many states it really is garbage. Defense agencies are staffed with people utterly dedicated, but someone who has to handle hundreds of cases in a can only devote so much time to each case. 98% plead. The prosecutors are also overburdened, but they can count on that plea rate. Their resources go to trials. And they can call on police resources. Defense has to beg for the judge to grant funds for even an investigator, nevermind an expert.
It's indigent people who get run over, who get framed, who get convicted even if guilty on a charge they'd easily skate on if of means.
And yes, juries can be affected by publicity. Yes, it's probably true that not all jurors are impartial as they say or honest about whether they obey instructions not to read the papers. Guess who that hurts most...
All this adds up to mean that these people who were on Team Trump who were convicted were almost certainly guilty. The Flynns of the world do not plead if they think they can beat the case. The poor black dude who can sit in jail for a year and lose home/possessions/job/everything OR cop to a cocaine possession charge when it really was spilled baby powder and a faulty drug test.....that's different (look up convictions based on faulty field drug tests in Texas, for example).
These people weren't railroaded. Hell, one of the things Stone was convicted of was witness intimidation (I think - or similar charge). They had his texts, undeniably from him, telling a potential witness to prepare to die.