Ronald Dump wrote:
Who knew trying to overturn an election could be considered criminal in nature?
In a new filing to the Fulton County Superior Court to presiding Judge Scott McAfee, Trump’s attorney argued Trump “lacked fair notice” that his conduct could be considered criminal:
Our country has a longstanding tradition of forceful
political advocacy regarding widespread allegations of fraud and
irregularities in a long list of Presidential elections throughout our
history, therefore, President Trump lacked fair notice that his advocacy
in the instance of the 2020 Presidential Election could be
criminalized. President Trump, like all citizens, is entitled to have
fair warning as to where the line is drawn which separates permissible
activity from that which is allegedly criminal. See United States v.
Lanier, 520 U.S. 259, 265 (1997) (“‘No man shall be held criminally
responsible for conduct which he could not reasonably understand to be
proscribed.”).
“Due process bars courts from applying a novel construction of a
criminal statute to conduct that neither the statute nor any prior
judicial decision has fairly disclosed to be within its scope…” Id. at
266 (internal citations omitted).
“[A] statute or a rule may be held constitutionally invalid as
applied when it operates to deprive an individual of a protected right
although its general validity as a measure enacted in the legitimate
exercise of state power is beyond question.” Boddie v. Connecticut, 401
U.S. 371, 379 (1971).Who knew????
Trump is going to have a bit of a problem with all the testimony from is own lawyers pleading with him not do do the things he was doing because they were illegal AF.