A legal issue that should seriously worry Trump.....

nat4900

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Mar 3, 2015
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There are TWO sub-issue currently in Trump's favor (not necessarily on the ethical arena, buy in the legal one.)

First, the "opinion" from the DOJ that a sitting president cannot be indicted...and

Second, that most of the Trump's "misdeeds" may escape prosecution given the various statutes of limitation that prescribe a time-limit for charges to be filed......

HOWEVER, the problem for Trump may arise if he is currently under a sealed-indictment that is revealed at a later date. That would then supplant or supersede the sealing date and would start the time limitation statute ONLY after the sealed indictment is revealed.

In other words, the years' length prescribed in the limitation statute may begin only when the indictment is UNsealed.....

Not good news for the Trump family.....
 
There are TWO sub-issue currently in Trump's favor (not necessarily on the ethical arena, buy in the legal one.)

First, the "opinion" from the DOJ that a sitting president cannot be indicted...and

Second, that most of the Trump's "misdeeds" may escape prosecution given the various statutes of limitation that prescribe a time-limit for charges to be filed......

HOWEVER, the problem for Trump may arise if he is currently under a sealed-indictment that is revealed at a later date. That would then supplant or supersede the sealing date and would start the time limitation statute ONLY after the sealed indictment is revealed.

In other words, the years' length prescribed in the limitation statute may begin only when the indictment is UNsealed.....

Not good news for the Trump family.....


Damn, you're just not very smart. An indictment stops the clock on the statute of limitations. A statute of limitation requires a charge be brought before the statute runs.

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There are TWO sub-issue currently in Trump's favor (not necessarily on the ethical arena, buy in the legal one.)

First, the "opinion" from the DOJ that a sitting president cannot be indicted...and

Second, that most of the Trump's "misdeeds" may escape prosecution given the various statutes of limitation that prescribe a time-limit for charges to be filed......

HOWEVER, the problem for Trump may arise if he is currently under a sealed-indictment that is revealed at a later date. That would then supplant or supersede the sealing date and would start the time limitation statute ONLY after the sealed indictment is revealed.

In other words, the years' length prescribed in the limitation statute may begin only when the indictment is UNsealed.....

Not good news for the Trump family.....
But good news for the American people and their desire to be rid of Trump come 2021.
 
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Damn, you're just not very smart. An indictment stops the clock on the statute of limitations. A statute of limitation requires a charge be brought before the statute runs.

Check the statute, Tigger........When an indictment is sealed, the clock does not start...Further, the statute of limitations does not begin if the alleged crime is on-going....such as cover-ups of the original crime.
 
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Damn, you're just not very smart. An indictment stops the clock on the statute of limitations. A statute of limitation requires a charge be brought before the statute runs.

Check the statute, Tigger........When an indictment is sealed, the clock does not start...


No it stops on the date of the indictment, a statute of limitations puts a clock from the time an alleged crime occurs. Different crimes carry a different length clock. The statute of limitations on money laundering, for instance, carries a 5 year clock. If charges aren't brought within five years, prosecutors are prohibited from charging it.

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Sealed indictments, if brought within the applicable statute of limitations, are timely. However, if unsealed after the statute of limitations has expired or even after a substantial period of time has expired, the prosecutors should be required to explain the exigencies that required sealing during the period of sealing. The indictment should be dismissed if the defendant can show prejudice not justified by the need for sealing the indictment.
 
There are TWO sub-issue currently in Trump's favor (not necessarily on the ethical arena, buy in the legal one.)

First, the "opinion" from the DOJ that a sitting president cannot be indicted...and

Second, that most of the Trump's "misdeeds" may escape prosecution given the various statutes of limitation that prescribe a time-limit for charges to be filed......

HOWEVER, the problem for Trump may arise if he is currently under a sealed-indictment that is revealed at a later date. That would then supplant or supersede the sealing date and would start the time limitation statute ONLY after the sealed indictment is revealed.

In other words, the years' length prescribed in the limitation statute may begin only when the indictment is UNsealed.....

Not good news for the Trump family.....
Well, that’s all fine and dandy if Trump faces an indictment after being out of office, but it hardly means much to me if he continues to be president for the next 6 years before that time.
 
AnyDayMoonbats.jpg
 
Sealed indictments, if brought within the applicable statute of limitations, are timely. However, if unsealed after the statute of limitations has expired or even after a substantial period of time has expired, the prosecutors should be required to explain the exigencies that required sealing during the period of sealing. The indictment should be dismissed if the defendant can show prejudice not justified by the need for sealing the indictment.


Link for context.

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There are TWO sub-issue currently in Trump's favor (not necessarily on the ethical arena, buy in the legal one.)

First, the "opinion" from the DOJ that a sitting president cannot be indicted...and

Second, that most of the Trump's "misdeeds" may escape prosecution given the various statutes of limitation that prescribe a time-limit for charges to be filed......

HOWEVER, the problem for Trump may arise if he is currently under a sealed-indictment that is revealed at a later date. That would then supplant or supersede the sealing date and would start the time limitation statute ONLY after the sealed indictment is revealed.

In other words, the years' length prescribed in the limitation statute may begin only when the indictment is UNsealed.....

Not good news for the Trump family.....
Well, that’s all fine and dandy if Trump faces an indictment after being out of office, but it hardly means much to me if he continues to be president for the next 6 years before that time.
 
Sealed indictments, if brought within the applicable statute of limitations, are timely. However, if unsealed after the statute of limitations has expired or even after a substantial period of time has expired, the prosecutors should be required to explain the exigencies that required sealing during the period of sealing. The indictment should be dismissed if the defendant can show prejudice not justified by the need for sealing the indictment.
Who wrote that? Please quote your source
 
Prosecutors' best move: Charge Trump and seal the indictment - CNN

From Penelope's above citation.........

[A] third reason [for a sealed indictment] could be a factor: when the statute of limitations might expire before the suspect can be arraigned on the indictment.

Mueller and the New York Southern District prosecutors are bound by a Justice Department policy against indicting a sitting president.

Even if the president does not run for reelection, the five-year statute of limitations might expire on presidential criminal activities that reach back to 2015 by the time he leaves office. That could include planning the "catch and kill' operation used on McDougal.

These timing details are known only by prosecutors and those under investigation.
The issuance and sealing of the indictment would "toll" the statute from expiring. The issuance of the indictment stops the clock, and the sealing may prevent evidence destruction or witness tampering until the case can be tried. A viable prosecution would be possible even if circumstances such as the president's reelection in 2020 prevent a prosecution until 2025.
 
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