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The week's question
In December 2024, in the thread "Re: BRK: Why Not XOM?", BreckHutHigh asked the members: "What about the long road trips with kids?" This week it is put to everyone again. The button below opens the small thread re-asking it - read what others have said so far, then give your own answer as an ordinary reply.
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Halls of Shrewd'm / US Policy
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Author: WatchingTheHerd   😊 😞
Number: of 84362 
Subject: Re: delay thresholds - are there any?
Date: 08/14/24 7:00 PM
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Is there any level where repeated, rejected, and trivial requests for delays can be completely ignored?

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A judge almost certainly won't completely ignore a filed motion, but they can always just summarily deny it. Absent some specific local rule of procedure, they don't have to provide a detailed explanation.

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It's very clear from the past three years of history that there are additional dynamics at work when

a) the defendant is an ex-President and current Presidential candidate
b) the defendant has perfected a financial grift that supports virtually unlimited legal expenses using OPM (Other People's Money)
c) judges recognize they are working amid a legal landscape whose underpinnings are being actively sabotaged by a Supreme Court with zero qualms about ignoring decades of precedent and inventing new Constitutional principles out of thin air with ZERO relationship to established law or hundreds of years of western legal precedent

Because of all of these additional factors, the judges and prosecutors handling these cases cannot simply act on the case and facts put before them -- as they should. Instead, they have to contrast the delay of "considering" a bogus motion from the defendent and THAT impact on the trial versus the possible delay resulting from a summary dismissal of that motion in a way that triggers appeals to the USSC that at a minimum delay justice even further or, far worse, give the USSC an excuse to put their thumb on the scale in the case or establish new interpretations that completely DESTROY the case.

It seems absolutely clear every prosecutor and every judge at the state or federal level involved with these cases is having to think through those three levels of calculus and differentiation to "solve" the equation of what to do with the case before them. And that is most assuredly NOT equal protection under the law. No normal human citizen would be capable of obtaining this level of delay to what should be open and shut cases.

WTH
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This community has written 84,309 posts about US Policy. The article-length ones it recommended most:
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