When Rove & Scooter are indicted does this go to a Jury???

[lovuian]

If these guys are indicted does this trial go before a jury or by judges???

Cause if its a Jury then thats why I think Fitzgerald has gone this right!!!

[Wallygagger]

1. Jury

All Felonies are tried by Juries

[Bumblebee]

7. Welcome to DU, Wallygagger!

:hi: :hi: :hi:

[Benhurst]

11. I'll second that. Welcome!

:hi:

[newyawker99]

17. Hi Wallygagger!!

Welcome to DU!! :toast:

[napi21]

2. If they plead NG, it goes to jury trial. If any plead guilty, then no.

[Bumblebee]

3. no, they will be just shot on the spot! :) we are at war, you know

and, as Rove would be the first one to tell you, many peaceful-time laws ought to be suspended, so no breaks and niceties, like trials, for those who undermine our national security... :toast:

On a serious note, I think it will go before a jury

[SpiralHawk]

8. Down with Traitors !

Pack them off to Gitmo...some of their own 'treatment'

Do Unto Others and all that

[mainegreen]

4. Can't they waive their right to a trial by jury

and have a judge decide alone? Or does the prosecution have to agree to that as well?

[Hubris Heaver]

9. If they plead to the face

it removes the prosecuting attorney from the process.
A judge ordinarily takes into account any prior plea deals the prosecutor offered.

[mainegreen]

12. What is "plead to the face"?

I tried googling that, but didn't get much! I presume its some legal term. :shrug:

[Hubris Heaver]

23. Pleading to the face

is when one pleads guilty to all charges in the hope that the judge will cut you a more lenient sentance than the prosecutor offers.

A prosecutor in a plea deal will normally dismiss a charge or charges. Pleading to the face means accepting guilt on all counts to remove the prosecution from the judgement loop.

[Bumblebee]

15. and another welcome!

:hi: :applause:

[rateyes]

5. Of course it won't go to a jury...

if Bush pardons people beforehand.

[Gunit_Sangh]

6. re:pardons

they won't be issued until the day after the Nov election in 2006.

[Chan790]

14. Must be convicted before they can be pardoned.

Bush can't issue a pardon of them until they convicted by a jury.

I doubt they'd plead guilty or take a deal. I'm not sure if they can be pardoned in the case of a plea deal or a guilty plea as they are then a party to their conviction. I know that if you plead-out you lose the right to future appeals or hearings. Even provable innocence is not grounds for overturning a plea-bargain. This may be the same, I don't think there is any legal basis or precedent either way. It'd be funny if Bush pardoned them though and the courts ruled that their pardon was invalid.

[yellowcanine]

19. Ford pardoned Nixon when he hadn't even been charged with a crime.

[Chan790]

20. Edited.

Edited for Brevity, Re-edited to redact as not really relevant.

[yellowcanine]

18. Actually I think it will be after the 08 election. The time between the

presidential election and the inauguration is usually when "political" presidential pardons are done.

[Hepburn]

10. Under the Federal Rules,

a defendant can waive a jury trial and have the case tried to the bench -- assuming a NG plea. If a G plea, the sentencing goes only before the Fed judge.

[Beam Me Up]

13. Other question: Can they be pardoned by an a pResident who, himself, may

be part of the conspiracy?

[On the Road]

16. Apparently, Yes

if Bush Sr. and the Iran-Contra conspirators are any indication.

[lovuian]

21. So this trial will be tryed by a jury their worst fear!!!

This Grand Jury is their worst nightmare!!!

Its not controlled by judges its a sign of the corruption in the government!!!

[cascadiance]

22. Named enemy combatants and off to Guantanamo!