Mark Zauderer
Mark Zauderer
honest morality trial
At the end of the day a trial like this is a morality play. It is not just what happened, and who said what to whom, but who is an honest person.
buy case changes evidence focus government jurors line whether
The defendants put the whole case on the line when they testify. Once they take the stand, the whole focus changes from the government evidence to whether the jurors can buy the credibility of the defendants.
ordered process time
They have been ordered to do what they should have done a long time ago, which is to process the club's application.
calling client dock judgment lawyer minds potential question suspect
You've got to question the judgment of the person. No lawyer would have his client in the dock calling potential witnesses. It could be very suspect in the minds of the jury.
appears bring case consciousness court difficult evidence jeopardy kinds loss message necessity preserve public puts risk theories
The appellate court said there's a lot of evidence to bring the case again. But the risk is it appears to look vindictive. And if they lose, it puts in jeopardy the government's theories on obstruction of justice. They've already heightened the public consciousness about the necessity to preserve documents. A loss could communicate the message that it's difficult to prosecute these kinds of cases.
circuit court evidence whereas
The circuit court didn't find the evidence unpersuasive. Instructions can be cured, whereas presentation of evidence can't be cured.