Trump legal news brief: Supreme Court keeps Michigan sanctions in place for pro-Trump lawyers Sidney Powell and Lin Wood

The high court did not offer any comment on its decision, which means Powell, Wood and the other defendants must pay a total of $132,693.75 to the city of Detroit and another $19,639.75 in legal fees to the state of Michigan.

In their unsuccessful effort to overturn the 2020 election results in Michigan, Powell, Wood and their co-defendants made wild claims in a lawsuit brought in the state alleging that Dominion voting machines were involved in fraud.

A district court judge ruled that the lawyers’ court challenges represented a “historic and profound abuse of the judicial process.”

The Sixth Circuit Court of Appeals later upheld the bulk of the district court judge’s ruling, calling the fraud claims “simply baseless.”

In their appeal to the Supreme Court, the defendants continued to argue that they were simply pursuing “legitimate election challenges.”

Powell has pleaded guilty to misdemeanor charges stemming from her efforts to overturn the 2020 election results in Georgia and has agreed to testify against Trump and 14 others still charged there.

Dominion is suing Powell for $1.3 billion over her false claims that the company rigged the election against Trump.

Wood has been subpoenaed to testify in the Georgia case.”

https://www.yahoo.com/news/trump-legal-news-brief-supreme-court-keeps-michigan-sanctions-in-place-for-pro-trump-lawyers-sidney-powell-and-lin-wood-203526696.html

Rampant Plea Bargaining Is a Raw Deal for Defendants

“A new report from the American Bar Association (ABA) presents more evidence that the ubiquitous use of plea bargains distorts the justice system and puts defendants at a disadvantage. Roughly 98.3 percent of federal criminal convictions result from guilty pleas, as do roughly 95 percent of state convictions. “Some jurisdictions have not had a criminal trial in many years,” the report notes. Nor is a guilty plea an absolute assurance of guilt: 18 percent percent of documented exonerations had previously pleaded guilty, as did nearly 11 percent of defendants exonerated by DNA evidence since 1989.”

“The “trial penalty” defendants incur when they refuse to plead guilty is reflected in the sentencing data reported by the ABA. In federal felony cases, average sentences handed down at trial are seven years longer than convictions resulting from a plea bargain. “Although a modest reduction in sentence is justified in some cases resolved through guilty pleas because a defendant accepts responsibility, sentences should not be punitively inflated simply because a defendant exercised a fundamental right,” the report argues.

Plea bargaining in many cases allows prosecutors to circumvent the defendant’s right to an attorney—particularly in misdemeanor cases and in rural areas. And even with counsel, a hastily accepted plea deal forecloses the opportunity to expose potential governmental abuse. “Challenges to police misconduct are typically resolved through pretrial litigation, but the death of the trial has also increasingly meant the death of pretrial litigation, including those hearings that would bring to light police misconduct,” the report states. “Trial and pretrial litigation are essential for holding police and other state actors accountable, and plea bargaining has eroded these systems of accountability.” Moreover, many “defendants are often denied discovery, including exculpatory evidence, before they make the decision to plead guilty.””

“Plea bargains have a single great advantage: They increase the efficiency of the justice system. “Efficiency has a role to play in criminal law policymaking, but it should not be the primary goal of that policy,” the report counters. “Rather, the goal should be a criminal justice system where defendants are guaranteed due process, victims receive justice, and the rule of law can flourish.””

He Didn’t Use the ‘Magic Words’ To Get Access to a Lawyer. Were His Rights Violated?

“whether or not someone has actually invoked their right to counsel is, to some degree, subjective, though it can have far-reaching consequences in a defendant’s case.”