Dante Reawakened
Lifer
- May 4, 2022
- 9,126
- 4,500
- 208
- Banned
- #1
I'm a 'Yuge' defender of the Judicial Branch of our government. I remember Justice Scalia's opinion on flag burning and speech. It was a very principled argument.
Now we have Scalia. Probably one of the least lovable Justices from a moderate/liberal standpoint, but like Scalia he handed us down a principled decision. A principled decision on criminal defendants like Mr. Trump, trying to escape the reach of of the law by deliberately shielding themselves from clear evidence of critical facts that are strongly suggested by the circumstances.
Trump willfully blind truthful hyperbole Alito -- 91 criminal indictments This is America the rule of law still matters
TRUMP & SCOTUS Scalia/Flag Burning and now Alioto/Willful Blindness THANK YOU Because in America, the rule of law still matters
There’s a Good Chance Trump Will Be Found ‘Willfully Blind’
The answer lies in the Supreme Court’s doctrine of willful blindness. A dozen years ago, in the case of Global-Tech Appliances v. SEB, Justice Samuel Alito, writing for all but one justice, ruled that proof of willful blindness is the legal equivalent of proving guilty knowledge.
As Justice Alito explained it, “Many criminal statutes require proof that a defendant acted knowingly or willfully, and courts applying the doctrine of willful blindness hold that defendants cannot escape the reach of these statutes by deliberately shielding themselves from clear evidence of critical facts that are strongly suggested by the circumstances.”
In other words, when a defendant, like Mr. Trump, is on notice of the potential likelihood of an inconvenient fact (Mr. Biden’s legitimate victory) and closes his eyes to overwhelming evidence of that fact, the willfully blind defendant is just as guilty as if he actually knew the fact. While this argument is not a slam dunk, there’s an excellent chance that 12 jurors will find, beyond a reasonable doubt, that Mr. Trump hid from the truth by adopting willful blindness.
Now we have Scalia. Probably one of the least lovable Justices from a moderate/liberal standpoint, but like Scalia he handed us down a principled decision. A principled decision on criminal defendants like Mr. Trump, trying to escape the reach of of the law by deliberately shielding themselves from clear evidence of critical facts that are strongly suggested by the circumstances.
Trump willfully blind truthful hyperbole Alito -- 91 criminal indictments This is America the rule of law still matters
TRUMP & SCOTUS Scalia/Flag Burning and now Alioto/Willful Blindness THANK YOU Because in America, the rule of law still matters
There’s a Good Chance Trump Will Be Found ‘Willfully Blind’
The answer lies in the Supreme Court’s doctrine of willful blindness. A dozen years ago, in the case of Global-Tech Appliances v. SEB, Justice Samuel Alito, writing for all but one justice, ruled that proof of willful blindness is the legal equivalent of proving guilty knowledge.
As Justice Alito explained it, “Many criminal statutes require proof that a defendant acted knowingly or willfully, and courts applying the doctrine of willful blindness hold that defendants cannot escape the reach of these statutes by deliberately shielding themselves from clear evidence of critical facts that are strongly suggested by the circumstances.”
In other words, when a defendant, like Mr. Trump, is on notice of the potential likelihood of an inconvenient fact (Mr. Biden’s legitimate victory) and closes his eyes to overwhelming evidence of that fact, the willfully blind defendant is just as guilty as if he actually knew the fact. While this argument is not a slam dunk, there’s an excellent chance that 12 jurors will find, beyond a reasonable doubt, that Mr. Trump hid from the truth by adopting willful blindness.
Opinion | There’s a Good Chance Trump Will Be Found ‘Willfully Blind’ (Published 2023)
The First Amendment and the former president’s claim that he believed he won won’t help him.
www.nytimes.com