Based on his “dangerous” online rants, former U.S. Army prosecutor Glenn Kirschner thinks that it’s time to revoke Donald Trump’s bail.
Speaking on his “Justice Matters” videocast, Kirschner explained that when someone is charged with felony crimes and that person is considered a danger to others, they’re detained. Trump, he said, has proven he fits the bill.
“When somebody gets indicted for felony crimes and they are brought into court for their first appearance before a neutral and detached magistrate a judge there is one enormously consequential decision the judge has to make: Should the judge release the defendant pending trial or should the judge detain the defendant pending trial?”
He explained that the legal standard requires “clear and convincing evidence that the defendant poses either a flight risk or that the defendant is a danger to the community, then the defendant is to be detained pending trial.”
“I am concerned that the judges have not yet stepped up to address the danger, the ongoing danger, the demonstrated danger of Donald Trump to witnesses, to jurors, to prosecutors, to judges, and to their families,” Kirschner said, cited by the Huffington Post.
“I hope at some point the judges realize that Donald Trump is a danger to the community and he should be detained pending trial because that will begin to neutralize the threat, in part because you’ll take his megaphone away. I think we’re going to be having that conversation in the months to come,” he continued
In his Sunday video, Kirschner explained that using the standard of every other defendant in the United States before their trial, Trump fits the standard of those who are locked up behind bars.
“There are people sitting in pre-trial detention in jurisdictions all across our country right now who don’t pose 1/1000 of the danger to the American community that Donald Trump poses,” he said “I mean show me another defendant who has four major felony prosecutions pending against him.”
Kirschner went on to list off the cases: “One, a state case, for falsifying business records to try to steal an election to try to bury deeply damaging information about his qualifications to be president thereby robbing the people of the full value of their vote. A second case, involving the unlawful retention of classified information, obstruction of justice, and a violation of our nation’s espionage laws. A third case, a federal felony prosecution in Washington, D.C. for trying to overturn the presidential election, and a fourth case, a state case in which Donald Trump was heading up a RICO enterprise trying to overturn a state election. Trying to rob the Georgia voters of the full value of their votes.”
He went on to ask the question of how all of that couldn’t fall under “clear and convincing evidence he is a danger to the community.”
“When you give Donald Trump this kind of obscenely favorable treatment the legitimacy and the respect for the criminal justice system suffers and that’s bad for everybody.”
Four felony cases & a stream of dangerous posts; Donald Trump should be detained pending trial