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Friday, April 14, 2023

Clive Bibby: Move for dismissal - Donald Trump and the case against him


Watching the courtroom drama involving Donald Trump on US TV last week, one couldn’t escape the “elephant in the room” which of course is the blood lust combination of those arraigned against the former President.

Their determination to “Get Trump” has reached farcical proportions and is an insult to the sanctity of the whole justice system in that once great country.

It was more like a rerun of the Aussie classic, “The Castle” where Darryl Kerrigan is defending himself against those who regard his presence in their midst an inconvenient obstacle they must remove with or without the help of a court whose true function should be - the delivery of justice fairly to ever member of society, no matter who they are now or were in the office they once held.

But the similarities end with the comparison of the ridiculous nature of the two court proceedings.

On the one hand, Darry Kerrigan is able to use the argument of traditional values to win his case. Donald Trump however, must deal with the blatant abuse of the court system by ideologically driven, obsessed, judicial wrecking balls who will stop at nothing to see the former President locked up.

However, it would appear that this case is far from over and may in fact be relatively short lived if the presiding judge allows the defence to move for a dismissal at the next opportunity.

Apart from knowledge gleaned from my siblings, two of whom have had successful careers in different capacities within the justice system in this country, l understand the basic procedures that allow the courts to operate freely and with integrity.

But that is in New Zealand.

Unfortunately, the US counterpart has been deliberately politicised to the extent that justice can no longer be guaranteed.

We are now seeing virtually all the branches of the US justice system weaponised so that they operate effectively as a tool of the administration of the day. They appear to act in unison going after the villain of the month or in Trump's case, one who has survived 6 years of this lynch mob activity.

The once independent departments charged with maintaining law and order - The DOJ, the CIA and the FBI have all become attack dogs that serve their political masters in a way that benefits only the party in power.

Given that bastardised oversight, is it any wonder that Trump had so much difficulty carrying out his duties during his term in office and has had during the time since his forced departure from the Oval Office.

It is testimony to his ability to remain focused on the truth that he is still in a position to win his current battles in the court.

In fact, my take on this bizarre indictment process is that the case against him is based on a frivolous series of invented misdemeanours - many of which wouldn’t stand up to scrutiny even in a kangaroo court such as this one.

And before the Trump haters rush to challenge the credibility of that last statement, l base my assessment on the professional opinions of even Democrat Professors of Law.

They say there is no case to answer and recommend a move for dismissal by Trump’s legal team at the first opportunity.

Depending on the strength of their argument and even given the political leanings of the trial Judge, it would appear their tactic has a better than even chance of success.

The “free world” awaits with baited breath for the outcome of his decision.

There is so much more at stake than simply the future of one man and his family.

Like we saw in “The Castle” courtroom drama, when it comes down to it - “it’s the vibes” that count which is something we can’t measure but is what most of us accept as an integral part of “Justice being seen to be 
served”.

Let’s hope that defence works for Donald Trump as well. If it doesn’t we are all f.....!

Clive Bibby is a commentator, consultant, farmer and community leader, who lives in Tolaga Bay.

2 comments:

hughvane said...

My late father, a barrister & solicitor, taught me a valuable lesson about the Courts, and the dispensing of what you term "justice". The Courts, he said, dispense law, be it just or otherwise.

That has morphed into the expectation that a court in the US (and NZ?) will give a defendant or plaintiff what the public perceives as 'justice'

Put another way, will Trump get his comeuppance as many believe he deserves? Never let it be thought or said that I hold a candle for that man, but he is entitled by law to expect a fair - and lawful - trial.

Rob Beechey said...

I totally endorse your criticism Clive. How President Trump endured the lies, treachery and personal attacks speaks volumes of his character and resilience. A very wealthy man who didn’t need the agro, tried to make a difference to a country he genuinely loves. Look at his replacement. In two short years, a once powerful country has self destructed resembling the same rapid decline as the Roman Empire.