Defendants certainly deserve a fair trial.... but this is kind of cut and dry case. He killed people intentionally, does not deny it, proud of it, and regrets not being able to proceed further onto the Brooklyn bridge to continue to kill people as he originally planned.
No defense attorney can help him now, or find mitigating circumstances; and no politician can make his penalty softer or harsher.
Oh, but it can. The defense can argue that due to the POTUS making a public tweet, the defendant can't get a fair trial and argue for an acquittal. And, by law, could possibly get it. That tweet was stupid and reckless and demonstrated what an ignorant nimcompoop is in charge of the WH. He should have kept his big mouth shut other than express sympathy to the victims. Then the legal system could do its job.
Oh, but it can. The defense can argue that due to the POTUS making a public tweet, the defendant can't get a fair trial and argue for an acquittal. And, by law, could possibly get it.
I know one can be acquitted when accused of murder but has not pleaded guilty. And one can't be tried again if acquitted during trial and confessed to murder afterwards.
I am not sure one can be acquitted on a technicality if one confessed to murders without possibility of claiming 'under duress", an when there are solid evidence and witnesses.
He's being charged under Federal Terrorism statues, so the death penalty is very much in play. The President's statement will certainly be made an issue in jury selection and the penalty phase, or at least should be made an issue by any decent defense attorney.
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