Trump acolytes did not shy away from mocking Mueller’s indictment of 13 Russians and 3 Russian entities a few weeks ago (with more of these indictments to surely follow.)
The mockery boiled down to “concluding’ the wasted effort of indicting any foreign individual who would never personally show up at trial.
Well, as usual, these Trump cult members are both wrong and ignorant of legal strategies.
Recently I attended a state-sponsored seminar of prosecutors where this issue (among many others) was addressed, and the consensus was actually praise of Mueller’s approach, for TWO important reasons:
First, having grand juries issue indictments for possible trials in absentia is a sound approach in ensuring that a controversial issue does NOT disappear solely because those indicted are not present. Guilt or innocence based on the indictments would STILL be adjudicated with evidence and subpoenaed witnesses.
Second, even if Trump were to pardon any and all of his corrupt cronies, these people would NOT be exempted from having to testify AND no longer able to plead the 5th from self-incrimination.
Finally, we must always bear in mind that some of these possible trials may be held in state venues and not federal courts.
Bottom line: Mueller IS one of the smartest prosecutors of our generation.
.
Mueller cannot try the Russians
in absentia, and if he thinks he can he is one of the most ignorant prosecutors I have ever heard of.
I believe you are making this stuff up. While it is possible that a few attorneys would be ignorant of a particular law, it is inconceivable that a group of prosecutors would be collectively ignorant on such a basic legal issue such as trials
in absentia. At any rate, any prosecutor who told you that Mueller could try the indicted Russians
in absentia is an incompetent fool.
In the case of
Crosby v. United States, 505 US 255 – Supreme Court 1993, the SCOTUS addressed this issue head on. The Court's ruling was plain, concise and unambiguous:
“This case requires us to decide whether Federal Rule of Criminal Procedure 43 permits the trial
in absentia of a defendant who absconds prior to trial and is absent at its beginning. We hold that it does not.”
The court relied on the Federal Rule of Criminal Procedure 43, which states in pertinent part
"(a) Presence Required. The defendant shall be present at the arraignment, at the time of the plea, at every stage of the trial including the impaneling of the jury and the return of the verdict, and at the imposition of sentence, except as otherwise provided by this rule. "(b) Continued Presence Not Required. The further progress of the trial to and including the return of the verdict shall not be prevented and the defendant shall be considered to have waived the right to be present whenever a defendant, initially present, "(1) is voluntarily absent after the trial has commenced . . . ."
Crosby v. United States, 506 US 255 - Supreme Court 1993 - Google Scholar
The court ruling was so clear that even Mueller could understand it. If a defendant were present at the beginning of a trial and subsequently
voluntarily absents himself, he may be tried
in absentia. The word
voluntarily is important. If a defendant was absent through no fault of his own he would be entitled to another trial. However, in the case of a defended who is not present at the commencement of a trial the case cannot be prosecuted.
Some of you who read this might be thinking that Rule 43 is not a Constitutional mandate and therefore can be changed. I would argue that the framers of the law took guidance from the Constitution and that even if the law were changed a constitutional challenge to trials
in absentia would be successful.
The 13 indicted Russians cannot be tried
in absentia and since they cannot be extradited they will never be tried. This obviously applies to all Federal Courts. It also applies to the State Courts since the laws of the various states concerning are similarly worded and the US. Constitutional issues are the same.
Your contention that the Russians could be forced to testify if given immunity doesn't make sense. There is simply no available legal process by which these Russians can be compelled to testify.
Conclusion: Thirteen Russians have their extended middle finger in Mueller's face. The are laughing at him, taunting him and there is nothing he can do about it. Mueller's indictments were not brilliant; however, the were not stupid either (except for the ones against the Russian companies). Mueller know that the indictments would make it appear he was doing something and his plan worked. His supporters including a number of posters on USMB bragged about all the indictments; they bragged about all the worthless indictments that could not be prosecuted and which changed nothing.