Fogbow

Presumably as part of the deal she had to provide witness statements as required.
These then could be potentially introduced in court if her memory fails on the stand.

Or would such statements have to be entered into the record as part of discovery?

Kriselda Gray wrote: ↑Thu Oct 19, 2023 6:46 pm Can't she just get up now and testify "truthfully" that she doesn't remember anything useful and essentially take her deal and run without actually hurting Trump or anyone else? Or if she pulled a stunt like that, could they revoke her deal and take her to trial?

That's what the proffer is for. If she hadn't put useful stuff in the proffer, there wouldn't have been any deal. And if she tries to be cute about her recollection on the stand, she's at risk of being found in breach of the proffer agreement, and she won't like the consequences.

chancery wrote: ↑Thu Oct 19, 2023 7:03 pm

Kriselda Gray wrote: ↑Thu Oct 19, 2023 6:46 pm Can't she just get up now and testify "truthfully" that she doesn't remember anything useful and essentially take her deal and run without actually hurting Trump or anyone else? Or if she pulled a stunt like that, could they revoke her deal and take her to trial?

That's what the proffer is for. If she hadn't put useful stuff in the proffer, there wouldn't have been any deal. And if she tries to be cute about her recollection on the stand, she's at risk of being found in breach of the proffer agreement, and she won't like the consequences.

My understanding is they wouldn't take her to trial, as she's already pleaded guilty. What they _would_ do, however, is revisit her sentencing, and she would lose her sweet no jail time deal most likely. I thinks.

Dave from down under wrote: ↑Thu Oct 19, 2023 6:58 pm
Or would such statements have to be entered into the record as part of discovery?

Discovery is disclosed to the other side, but not entered onto the record. As far as I know, but who knows how they do things in Georgia?

As to whether a proffer is even disclosed to the other defendants, see above: viewtopic.php?t=47&start=600#p222802

Again, IANACrL.

raison de arizona wrote: ↑Thu Oct 19, 2023 7:06 pm My understanding is they wouldn't take her to trial, as she's already pleaded guilty. What they _would_ do, however, is revisit her sentencing, and she would lose her sweet no jail time deal most likely. I thinks.

There's only so much time you can do for six misdemeanors. She only pleaded to a tiny portion of the full complaint. But it's possible (again, IANACrL, and I'm not any kind of GA lawyer) that it would blow up the plea agreement, in which they could take her to trial on the felony counts. And there's the possibility of a perjury prosecution. People frequently throw around the notion of something being perjury, and they're usually off base. Proving actual perjury in a criminal prosecution can be a lot harder than you might think.

However, whatever the mechanism, I feel confident that the prosecution has tools to make someone who reneges on a plea and proffer agreement wish that she hadn't.

IANAL, but I heard on TV lawyers saying they could definitely yank her agreement.

Here's the hearing where they go over the details of the plea agreement. Listen and reassure yourselves. They have the detes and she will either testify to same, or the judge is free to change her sentence, with right to withdraw her guilty plea.

https://www.youtube.com/live/bHTz__OGYV ... 5-lgvBbpfM

p0rtia wrote: ↑Thu Oct 19, 2023 9:47 pm Here's the hearing where they go over the details of the plea agreement. Listen and reassure yourselves. They have the detes and she will either testify to same, or the judge is free to change her sentence, with right to withdraw her guilty plea.

https://www.youtube.com/live/bHTz__OGYV ... 5-lgvBbpfM

If she does renege on her plea deal, can the court not only re-sentence her on the charges she pled guilty to, but void the entire deal and essentially, reinstate ALL the charges and force her to go to trial on all charges?

IOW, reset her situation to what it was the day before she signed the plea agreement.

Part of her plea agreement calls for her to "testify truthfully" in Ga. state court proceedings.

If she is called to testify in Chesbrow's trial or the later trial of Trump and the other 16 defendants, can she claim fifth amendment protection against self-incrimination?

If she testifies truthfully, she may very well incriminate herself. Such self incrimination might be relevant in her federal criminal trials, or the Dominion and Smartmatic civil suits still pending against her. I assume that any testimony she gives in state court can be used against her in federal court.

It almost seems that she is between a rock and a hard place.

This is my sad face for her…

noblepa wrote: ↑Thu Oct 19, 2023 10:01 pm Part of her plea agreement calls for her to "testify truthfully" in Ga. state court proceedings.

If she is called to testify in Chesbrow's trial or the later trial of Trump and the other 16 defendants, can she claim fifth amendment protection against self-incrimination?

If she testifies truthfully, she may very well incriminate herself. Such self incrimination might be relevant in her federal criminal trials, or the Dominion and Smartmatic civil suits still pending against her. I assume that any testimony she gives in state court can be used against her in federal court.

It almost seems that she is between a rock and a hard place.

I don't think she can take the 5th, she would have waived that in the proffer session in exchange for some of the charges being dropped.

She is unindicted co-conspirator in the federal case, most likely she needs to go to Jack Smith and tell him she will cooperate if he doesn't indict her.


Eta: see 6:00 mark

p0rtia wrote: ↑Thu Oct 19, 2023 9:47 pm Here's the hearing where they go over the details of the plea agreement. Listen and reassure yourselves. They have the detes and she will either testify to same, or the judge is free to change her sentence, with right to withdraw her guilty plea.

https://www.youtube.com/live/bHTz__OGYV ... 5-lgvBbpfM

Ninja’d.
viewtopic.php?t=47&start=600#p222728

chancery wrote: ↑Thu Oct 19, 2023 7:03 pm

Kriselda Gray wrote: ↑Thu Oct 19, 2023 6:46 pm Can't she just get up now and testify "truthfully" that she doesn't remember anything useful and essentially take her deal and run without actually hurting Trump or anyone else? Or if she pulled a stunt like that, could they revoke her deal and take her to trial?

That's what the proffer is for. If she hadn't put useful stuff in the proffer, there wouldn't have been any deal. And if she tries to be cute about her recollection on the stand, she's at risk of being found in breach of the proffer agreement, and she won't like the consequences.

Thanks!

Damnnnnn IDK who leaked this to Raw Story or how they got it, but check it out. This is like the whole story.

https://www.rawstory.com/raw-investigat ... ald-trump/

orlylicious wrote: ↑Fri Oct 20, 2023 12:23 am Damnnnnn IDK who leaked this to Raw Story or how they got it, but check it out. This is like the whole story.

https://www.rawstory.com/raw-investigat ... ald-trump/

Any chance of an excerpt that can give the flavour for non-subscribers?

noblepa wrote: ↑Thu Oct 19, 2023 9:54 pm
If she does renege on her plea deal, can the court not only re-sentence her on the charges she pled guilty to, but void the entire deal and essentially, reinstate ALL the charges and force her to go to trial on all charges?

IOW, reset her situation to what it was the day before she signed the plea agreement.

Yes.
Remember what happened to General Flynn, the judge rejected his plea after he had already accepted it but before sentencing. The judge can reject the plea for a number of reasons as in the Flynn case. If the defendant does, or says anything that’s inconsistent with a guilty plea, then they can reject it. They can also reject it if the defendant doesn’t comply with the terms of the plea agreement.

Check RDA's post: viewtopic.php?p=222877#p222887

xpost

Dr. Ken wrote: ↑Thu Dec 14, 2023 4:59 pm

Ron Filipkowski @RonFilipkowski wrote: Sidney Powell wrote quite a heartfelt Letter of Apology to comply with her plea agreement. Very thoughtful and sincere. https://ajc.com/politics/exclusive-apol ... 4K36FGZQE/

“I apologize for my actions in connection with the events in Coffee County,” lawyer Sidney Powell stated in her letter on Oct. 19.

That's it. That's the apology letter.

I feel like she had her fingers crossed behind her back while she wrote this masterpiece.

“Apologize” is the key. The ear wants to hear “sorry”. Apologizing is a formality - form without substance.

I hear the convo with the attorneys something like this:

I'm sorry people took offense...

No, try again.

I apologize that my enthusiasm for preserving voting integ....

Nope, do better.

I'm sorry that my attention to detail...

FFS, no!

Ok, alright. I apologize for my actions in connection with the events in Coffee County.

Jeez, that's lame but it's the best we're going to get. Print it!

Slim Cognito wrote: ↑Fri Dec 15, 2023 10:13 am I hear the convo with the attorneys something like this:

I'm sorry people took offense...

No, try again.

I apologize that my enthusiasm for preserving voting integ....

Nope, do better.

I'm sorry that my attention to detail...

FFS, no!

Ok, alright. I apologize for my actions in connection with the events in Coffee County.

Jeez, that's lame but it's the best we're going to get. Print it!

"Now pass the cocaine..."

Her "apology" had all the earmarks of a little girl being told by her mother to "apologize to your brother for hitting him" (with appropriate pouty face while she says it).

How did you know I apologized like that after hitting my brother?

Tiredretiredlawyer wrote: ↑Fri Dec 15, 2023 8:29 pm
How did you know I apologized like that after hitting my brother?

Third Grandma never "apologized" for hitting her brother...because he had it coming and deserved it...that's my story and I'm stickin' to it...