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The week's question
In March 2025, in the thread "Re: OT, out", Umm asked the members: "Do you think it is because America is made up of magical soil that makes businesses based in America magically profitable?" This week it is put to everyone again. The button below opens the small thread re-asking it - read what others have said so far, then give your own answer as an ordinary reply.
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Author: albaby1 ✶❂🐝 GOLD
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Number: of 86269 
Subject: Re: Mayorkas didn't get a pardon
Date: 01/20/25 8:26 PM
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You know better than this, or at least you should. No one has ever been charged with what they hit Trump with and the second it gets in front of a federal judge the whole thing will be thrown out.

Lots of people have been charged with the underlying law that Trump was charged with violating - falsifying business records. The specific legal arguments that the prosecutors made might have been novel, but the underlying factual predicate was not. Trump created or caused to be created a business record that contained false information. Whether a misdemeanor or a felony, barred by statute of limitations or not, the prosecution had evidence of an actual act committed by the accused that was criminalized under state law.

Which is why Trump wasn't able to get the charges thrown out before trial. And if he gets it thrown out by a federal judge, it will not be because the charges lacked an evidentiary predicate - it will be on one of the more novel points of law.

That is absent for Mayorkas. There's a reason why no one is suggesting that Pete Buttigieg can be indicted in North Dakota for possession of cocaine with intent to distribute - because it's not true. There are people who mistakenly believe that maladministration of federal immigration policy can be construed as "human trafficking" under a believe that he might have caused human trafficking to go up - but that's not how the criminal law works. Mayorkas didn't engage in human trafficking - as a factual matter, unlike Trump, there is not an underlying action that he took that has been made illegal by Texas law.

So, no - he's almost certainly not going to be prosecuted.
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This community has written 86,214 posts about US Policy. The article-length ones it recommended most:
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