toucana Posted June 12 Share Posted June 12 Juanita N. Holmes is a name that may become more widely familiar in coming days. She is an American police officer and administrator who is the Commissioner of the New York City Department of Probation - and she has the responsibility of interviewing and making sentencing recommendations to Judge Juan Merchan in respect of newly convicted felon Donald J. Trump before his sentencing hearing on July 11. https://en.wikipedia.org/wiki/Juanita_N._Holmes One issue that is of particular interest to a Probation Officer is whether a felon is in compliance with 18 US Code §922(g), a Federal law that renders it illegal for a convicted felon to be in possession of a firearm or ammunition. https://www.atf.gov/firearms/identify-prohibited-persons#:~:text=Further%2C%20the%20GCA%20at%2018,or%20possessing%20firearms%20or%20ammunition. The problem here is that Donald J. Trump who was previously reported to be in possession of 3 guns before his concealed carry permits were cancelled in New York has apparently only returned 2 of them to the NYPD. The registration of a third gun was said by his representatives to have been legally transferred to Florida, but according to new reporting by CNN, the Florida Palm Beach authorities have no record of any such transfer. https://www.thedailybeast.com/trump-admitted-to-having-a-gun-in-florida-during-probation-interview-report This is bad news for Trump because an adverse PO report of non-compliance with 18 US Code §922(g) can not only lead to an extra 3-5 years on any prison sentence imposed by Judge Merchan in New York, but can also lead to the revocation of Trump’s bail in all other pending cases throughout the country where he is under indictment. The timing is particularly unfortunate given that Hunter Biden the son of President Biden has just been convicted by a jury in Delaware of three offences under 18 US Code §922(a), a much more minor offence of failing to tick a checkbox disclosing that he was a recreational drug user when purchasing a handgun that was disposed of 15 days later without ever being loaded or used. The 18 US Code §922(a) charge against Hunter Biden (which is hardly ever brought alone) was originally meant to be set aside under a plea agreement with the Trump appointed Attorney/Special Counsel who cut a diversion deal under which Hunter Biden was suppposed to plead guily to two minor tax misdemeanours instead. For reasons best known to himself, the Delaware judge threw out this plea deal, and pressed the §922(a) charge instead. Link to comment Share on other sites More sharing options...
TheVat Posted June 12 Share Posted June 12 41 minutes ago, toucana said: One issue that is of particular interest to a Probation Officer is whether a felon is in compliance with 18 US Code §922(g), a Federal law that renders it illegal for a convicted felon to be in possession of a firearm or ammunition. Interesting to contemplate that a felon cannot have a gun but can be president. Does that mean that if elected, TFG cannot be in possession of the nuclear launch codes? I leave that to better legal minds, but I could certainly see an "intent of the law" argument there. Link to comment Share on other sites More sharing options...
swansont Posted June 13 Share Posted June 13 4 hours ago, toucana said: The timing is particularly unfortunate given that Hunter Biden the son of President Biden has just been convicted by a jury in Delaware of three offences under 18 US Code §922(a), a much more minor offence of failing to tick a checkbox disclosing that he was a recreational drug user when purchasing a handgun that was disposed of 15 days later without ever being loaded or used. The 18 US Code §922(a) charge against Hunter Biden (which is hardly ever brought alone) was originally meant to be set aside under a plea agreement with the Trump appointed Attorney/Special Counsel who cut a diversion deal under which Hunter Biden was suppposed to plead guily to two minor tax misdemeanours instead. For reasons best known to himself, the Delaware judge threw out this plea deal, and pressed the §922(a) charge instead. If Trump is punished for this, the left will be quick to point out the Hunter Biden conviction. So yeah, that's too bad. 3 hours ago, TheVat said: Interesting to contemplate that a felon cannot have a gun but can be president. The US constitution is minimalist in many ways, and perhaps the writers recognized that such a restriction could be weaponized by some bad actors, since a felony conviction can happen at the state or local level. Link to comment Share on other sites More sharing options...
Peterkin Posted June 13 Share Posted June 13 It wouldn't matter either way: if he's elected by some means or another, he'll cancel the constitution anyway. Link to comment Share on other sites More sharing options...
toucana Posted June 13 Author Share Posted June 13 15 hours ago, TheVat said: Interesting to contemplate that a felon cannot have a gun but can be president. Does that mean that if elected, TFG cannot be in possession of the nuclear launch codes? I leave that to better legal minds, but I could certainly see an "intent of the law" argument there. Trump’s newly amended status as a convicted felon debars him from an interesting variety of occupations in various USA states. The Independent has recently published a list which includes the following: https://www.independent.co.uk/news/world/americas/us-politics/trump-convicted-felon-jobs-b2558874.html - He cannot hold a liquor license to sell alcohol (New Jersey & many other states too) - He cannot work as a bartender (Florida) - He cannot be a firefighter (Florida) - He cannot work in pest control (North Carolina) - He cannot work in a casino (Illinois) - He cannot work in a health care industry (Virginia) - He cannot work as a vet (Indiana) - He cannot work as a realtor without special permission (New York) - He cannot sell cars (Mississippi) As noted: Quote He cannot legally possess a firearm in any state, but he could soon command the country’s nuclear arsenal. Link to comment Share on other sites More sharing options...
iNow Posted June 13 Share Posted June 13 The relevant point here IMO is enforcement. Congress writes laws. Judicial interprets laws. Executive executes laws. If the principle executive broke the law, and it's the executive branch which enforces laws, the principle can simply choose not to enforce. This is at the core of Trumps immunity argument, btw. Who watches the watchers, basically. Link to comment Share on other sites More sharing options...
Martin238 Posted June 15 Share Posted June 15 On 6/13/2024 at 1:43 PM, toucana said: Trump’s newly amended status as a convicted felon debars him from an interesting variety of occupations in various USA states. The Independent has recently published a list which includes the following: https://www.independent.co.uk/news/world/americas/us-politics/trump-convicted-felon-jobs-b2558874.html - He cannot hold a liquor license to sell alcohol (New Jersey & many other states too) - He cannot work as a bartender (Florida) - He cannot be a firefighter (Florida) - He cannot work in pest control (North Carolina) - He cannot work in a casino (Illinois) - He cannot work in a health care industry (Virginia) - He cannot work as a vet (Indiana) - He cannot work as a realtor without special permission (New York) - He cannot sell cars (Mississippi) As noted: Thats interesting. Didn't know that Link to comment Share on other sites More sharing options...
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