this post was submitted on 23 Dec 2023
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There is a process for deciding if criminal behavior happened, it's called a conviction. We've seen judges make mistakes assessing the reality of criminal behavior all the time in Civil Asset Forfeiture cases where the standard of conviction isn't required.
Because those confederate involvement in the Confederacy was a matter of public record. If we had fought a war against a military force Trump had organized, and that force surrendered; then we wouldn't need a conviction.
The insurrection and Trumps role in it is a matter of public record. He doesn't dispute the facts of the case he just disagrees with whether his actions are illegal and what the consequences are. The judge's disagree.