Federal prosecutors have told a federal judge that if Donald Trump had bought a gun earlier this week during a campaign stop, he would be violating his release conditions as a criminal defendant and breaking the law, according to a Friday court filing.

A campaign spokesman for Trump had posted on social media that Trump bought a Glock in South Carolina on Monday, then removed the post and clarified to CNN the former president hadn’t purchased the firearm.

Prosecutors pointed to the moment, as well as the former president’s recent attacks on departing Joint Chiefs Chairman Gen. Mark Milley, in asking a federal judge to place more restrictions on Trump, particularly on what he can say, as he awaits trial in Washington, DC, on federal charges of 2020 election interference.

    • FuglyDuck@lemmy.world
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      1 year ago

      He held it.

      That is illegal- actually the same crime (well, same criminal statute) as what they’re prosecuting Hunter for.

      Simply holding the fire arm constitutes as “receiving,” - and as one who is indicted it is federally illegal for him to receive a firearm.

        • TechyDad@lemmy.world
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          From what I’ve heard, it’s a statute that’s rarely prosecuted unless it’s part of some larger group of charges. Basically, if Hunter Biden and Donald Trump were just Joe Nobodys and did the exact same thing, they likely wouldn’t face any charges. But Hunter is facing a major federal case over this rarely enforced law so people are wondering if Trump will be treated the same as Hunter.

        • FuglyDuck@lemmy.world
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          why would they not prosecute Hunter Biden? They are. They were. And Biden was going to plead guilty because the plea deal made sense. That law is…normally a slap on the wrist. And the tax stuff. Usually that’s a “well, straighten it out, and pay the back taxes, some interest, and maybe a fine.” but that wasn’t enough for these idiots who want anything they can get to discredit Biden Sr.

          Why would they not prosecute Trump? because the DOJ is thoroughly political and scared shitless of the Freedom Caucus and the MAGA-idiots and it really is a pedantic charge to hit trump with.

          They absolutely should charge trump, give him a slap on the wrist and then give Hunter the same slap. But that makes too much sense.

            • FuglyDuck@lemmy.world
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              1 year ago

              The difference between Al Capone and trump is that they have trump on much more serious charges.

              They hit Al Capone with tax evasion because that was the best they got, and they needed to remove him.

              If this were happening in a vacuum? I’d agree, it should be over looked. But trump getting another gag order? Is a fucking joke, and it’s not happening in a vacuum.

      • eestileib
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        There’s a rider of “if the firearm has crossed state lines” for that law to apply (which I imagine is a fig leaf for the interstate commerce clause).

        In this case, the gun was likely manufactured in Georgia, so it’s still possible.

        • FuglyDuck@lemmy.world
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          Glock has a factory in Georgia, but most are made in Austria.

          There’s absolutely zero chances that pistol was made in South Carolina legally.

    • MagicShel@programming.dev
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      It’s more than just virtue signaling: it is fomenting stochastic terrorism. How many people think if Trump is buying a gun then this is “go time?” He was telling his people in clear terms that this is the time for guns.

      • Son_of_dad@lemmy.world
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        Tbf you’re missing context. The gun had a portrait of Trump on them. It was clear to me he wanted them as a memento. I can’t imagine Trump ever using a gun, or even buying one unless his face is on it and he wants to display it. Still illegal for him to buy it, but I doubt anyone saw the post as anything like calling for violence

        • some_guy@lemmy.sdf.org
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          but I doubt anyone saw the post as anything like calling for violence

          He’s made many calls for violence, though.

          Fight like hell. I’ll be there with you."

          “This is an act so egregious that, in times gone by, the punishment would have been DEATH,” the former president had written about Milley speaking with a Chinese general near the end of Trump’s term, the prosecutors noted.

          These are the two that I had top-of-mind. They aren’t the only two.

        • IMongoose@lemmy.world
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          but I doubt anyone saw the post as anything like calling for violence

          Qanon has entered the chat

  • some_guy@lemmy.sdf.org
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    “The defendant should not be permitted to obtain the benefits of his incendiary public statements and then avoid accountability by having others—whose messages he knows will receive markedly less attention than his own—feign retraction,” the prosecutors argue.

    Yeah, pretty much exactly that.

  • Rapidcreek@reddthat.com
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    Federal Judge once told me he had more power than the President because he could say “NO” to him. We are about to test that out. She is going to rule on this gag order next week and Trump will have the ability to whine himself right into jail.

    • some_guy@lemmy.sdf.org
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      She is going to rule on this gag order next week and Trump will have the ability to whine himself right into jail.

      Not quite.

      The judge is set to consider the prosecutors’ request for a limited gag order at a hearing October 16.

  • ilinamorato@lemmy.world
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    I’m torn between “let him keep on perjuring himself” and “he will literally claw his own skin off if he isn’t allowed to speak publicly.” So I’m not sure what I want to see here.

  • AutoTL;DR@lemmings.worldB
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    This is the best summary I could come up with:


    “The defendant either purchased a gun in violation of the law and his conditions of release, or seeks to benefit from his supporters’ mistaken belief that he did so,” the prosecutors wrote on Friday.

    “The defendant should not be permitted to obtain the benefits of his incendiary public statements and then avoid accountability by having others—whose messages he knows will receive markedly less attention than his own—feign retraction,” the prosecutors argue.

    “This is an act so egregious that, in times gone by, the punishment would have been DEATH,” the former president had written about Milley speaking with a Chinese general near the end of Trump’s term, the prosecutors noted.

    Trump’s team opposes the request, arguing in a court filing earlier this week that the proposed order is unconstitutional, overly broad and an effort to censor the former president during the 2024 presidential race.

    They also highlight Trump’s social media posts in early December where he was sarcastic about Chutkan’s fairness, called the special counsel’s office “Really corrupt!” and prosecutors on the team “Lunatics,” and said that his former Vice President Mike Pence, a key witness in the case, went to the “Dark Side.”

    “In the defendant’s opposition—premised on inapplicable caselaw and false claims—he demands special treatment, asserting that because he is a political candidate, he should have free rein to publicly intimidate witnesses and malign the Court, citizens of this District, and prosecutors.


    The original article contains 761 words, the summary contains 233 words. Saved 69%. I’m a bot and I’m open source!