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It is technically impossible for the government to guarantee that he can present a "public good" defense. The most they could agree to is not opposing him prese

by tssva 7y ago

It is technically impossible for the government to guarantee that he can present a "public good" defense. The most they could agree to is not opposing him presenting such a defense. The judge presiding over the trial would determine whether he could actually present such a defense and could decide to forbid it even if prosecutors don't object and could also decide to allow it if they do.

dragonwriter 7y ago
> It is technically impossible for the government to guarantee that he can present a "public good" defense It is quite possible for the President to guarantee that he will not face any charges for which he is not allowed to present such a defense.
- tssva 7y ago
  The President can't guarantee he won't face any charges. The President could grant a pardon for any crimes the judge rules he cannot present a "public good" defense for but before a judge makes such a ruling he would have already faced the charges. Getting a fair trial would mean going through the same process that others charged with a crime must go through. If he is asking for a promise of a presidential pardon based upon a judge's decision then he is not asking for a fair trial but a trial which is slanted in his favor.
  - dragonwriter 7y ago
    > The President can't guarantee he won't face any charges. The President could grant a pardon for any crimes the judge rules he cannot present a "public good" defense for but before a judge makes such a ruling he would have already faced the charges. I would argue that he won't have faced the charges until and unless he has gone through, or waived, a complete trial on them. > Getting a fair trial would mean going through the same process that others charged with a crime must go through. Only if you assume that the process others charged with a crime must go through in THE US federal system is always and without exception fair in all circumstances. Really, it seems like you have confused “routine” with “fair”.

by tssva 7y ago

dragonwriter 7y ago

> It is technically impossible for the government to guarantee that he can present a "public good" defense It is quite possible for the President to guarantee that he will not face any charges for which he is not allowed to present such a defense.

tssva 7y ago
The President can't guarantee he won't face any charges. The President could grant a pardon for any crimes the judge rules he cannot present a "public good" defense for but before a judge makes such a ruling he would have already faced the charges. Getting a fair trial would mean going through the same process that others charged with a crime must go through. If he is asking for a promise of a presidential pardon based upon a judge's decision then he is not asking for a fair trial but a trial which is slanted in his favor.
- dragonwriter 7y ago
  > The President can't guarantee he won't face any charges. The President could grant a pardon for any crimes the judge rules he cannot present a "public good" defense for but before a judge makes such a ruling he would have already faced the charges. I would argue that he won't have faced the charges until and unless he has gone through, or waived, a complete trial on them. > Getting a fair trial would mean going through the same process that others charged with a crime must go through. Only if you assume that the process others charged with a crime must go through in THE US federal system is always and without exception fair in all circumstances. Really, it seems like you have confused “routine” with “fair”.