Quote:
Originally Posted by Cendell M
I’m sorry but I agree, the clerk was, is an idiot, you know I adore you but it’s true!
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in the legal field, we'd call her negligent. she goofed up and made a mistake. is there anyone here who has never made an honest mistake?
let me preface my next statement by saying that in America, a criminal defendent is presumed innocent unless and until proven guilty beyond reasonable doubt. Trump deserves a presumption of innocence, and the right to assert his defenses in a court of law.
but lets do a thought experiment. suppose it turns out that Ms. Willis is able to convince a jury beyond a reasonable doubt that Trump did the acts alleged in her indictment. what his conduct has that the gal's conduct lacks is mens rea-the criminal mindset, the desire to do an act that that person knows or should know is in direct violation of the law.
so both parties did a bad act, but what makes Trump's conduct-again, in this hypothetical-worse is he did the bad act knowingly, intentionally, and willingly, whereas she just screwed up.
both civil and criminal law set the penalties for the intentional bad act much higher because the bad act was accompanied by the requisite mens rea; i.e., the evil intent. so her conduct and Trump's conduct-again in this hypothetical-are in no way equivalent or comparable.