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<blockquote data-quote="donner" data-source="post: 4276673" data-attributes="member: 277">IIRC, most criminal trials are state vs an individual or group. By your reading any trial of anyone that the state is a &#039;party&#039; to would bypass the state courts and go straight to SCOTUS. If the crime violated state law then the prosecutor represents the state&#039;s interest, even if it&#039;s a locally elected individual. Same as if you murder someone in Tulsa, the Tulsa DA would prosecute you for violating a state law (not a tulsa county or city law).In this case, though, Trump is 1) a current private citizen and 2) the crimes occurred while he was also a private citizen. That he served as president wouldn&#039;t trigger Article III, Section 2, Clause 2 since he wasn&#039;t any of the things listed either when tried or when committing the state crime. That he is a current candidate certainly could play into the politics of the matter, but as part of the legal process it doesn&#039;t (as i understand things) offer him any more protections than a non candidate is entitled to.Also, who would &#039;bring charges against those who have attempted to usurp power reserved to the Supreme Court of the United States&#039;? Can&#039;t be trump, he&#039;d have no legal authority to charge anyone. He could sue in civil court, but can&#039;t do anything criminal.</blockquote>

[QUOTE="donner, post: 4276673, member: 277"] IIRC, most criminal trials are state vs an individual or group. By your reading any trial of anyone that the state is a 'party' to would bypass the state courts and go straight to SCOTUS. If the crime violated state law then the prosecutor represents the state's interest, even if it's a locally elected individual. Same as if you murder someone in Tulsa, the Tulsa DA would prosecute you for violating a state law (not a tulsa county or city law). In this case, though, Trump is 1) a current private citizen and 2) the crimes occurred while he was also a private citizen. That he served as president wouldn't trigger Article III, Section 2, Clause 2 since he wasn't any of the things listed either when tried or when committing the state crime. That he is a current candidate certainly could play into the politics of the matter, but as part of the legal process it doesn't (as i understand things) offer him any more protections than a non candidate is entitled to. Also, who would 'bring charges against those who have attempted to usurp power reserved to the Supreme Court of the United States'? Can't be trump, he'd have no legal authority to charge anyone. He could sue in civil court, but can't do anything criminal. [/QUOTE]

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