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by rayiner
524 days ago
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Your Trump trial example actually proves the opposite of the point you’re making. CNN’s legal analyst of all people wrote an article explaining why the prosecutors “contorted the law” in pursing Trump’s conviction: https://nymag.com/intelligencer/article/trump-was-convicted-.... Remember, the prosecutor initially declined to bring the case. And those problems with the underlying legal theory are still subject to review on appeal, which very well may result in the conviction being overturned. There’s actually a lot to debate there! Including whether the “shared context” you mention still holds in the circumstance of a blue-state jury trying Donald Trump. And I’d certainly not trust anyone—especially people without a legal background—to moderate people’s statements about Trump’s trial and conviction. Heck, even lawyers don’t treat legal judgments as god-given “facts” except in specific legal circumstances. The questions at the back of every chapter in a law school textbook will ask the student whether a particular case was rightly decided or wrongly decided and why. The better way to think about legal judgments is not in terms of “facts” but rather “process.” Even a final decision by the U.S. Supreme Court does not establish god given facts. It merely is the end of the line in a set of procedures that lead to a particular result in a particular case. But even judgments of the Supreme Court are second-guessed every day by 20-somethings in law schools around the country! |
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