Arguing for a later trial, the former president’s counsel pointed to the infamously shoddy prosecution of Black teenagers falsely accused of rape in 1931. It didn’t go well.
A defendant, charged with a serious crime, must not be stripped of his right to have sufficient time to advise with counsel and prepare his defense. To do that is not to proceed promptly in the calm spirit of regulated justice, but to go forward with the haste of the mob.
The young Black defendants in that case “were met at Scottsboro by a large crowd and that the attitude of the community was one of great hostility.”The Supreme Court found “a clear denial of due process because the trial court failed to give the defendants reasonable time and opportunity to secure counsel and the defendants were incapable of adequately making their own defense.”
On the contrary, she observed, the former president “is represented by a team of zealous, experienced attorneys and has the resources necessary to efficiently review the discovery and investigate.” The judge further explained that she has seen “many cases unduly delayed because a defendant lacks adequate representation or cannot properly review discovery because they are detained. That is not the case here.”
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