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'Harmless error': Inside the legal doctrine that all but guarantees Trump's sentencing

Elizabeth Preza
Raw Story
July 7, 2024

John Moscow was quoted in an article on the upcoming sentencing of Donald Trump in light of the recent Supreme Court decision holding that Trump is immune from prosecution for official acts taken while in office.

John Moscow, a former Manhattan financial crimes prosecutor, told Business Insider he believes “the judge will find that [Trump] would have been convicted regardless.”

Moscow explained “harmless error” as a doctrine that “means you're saying that removing this evidence from the trial wouldn't change the verdict.”

Moscow told Business Insider Trump’s phone calls don’t necessarily connote official acts. But, he said, even if those logs were removed from evidence, “the conversation is what was important, and the fact of a conversation was confirmed by the person on the other end.”

"So if you knock out the phone logs, that doesn't warrant a new trial,” Moscow said.

"If tweets or 'truths' are all official acts, then the libel and defamation laws all go," Moscow said. ”Privacy laws all go. He can say whatever he wants whenever he wants to.”

Read the full article at RawStory.com: 'Harmless error': Inside the legal doctrine that all but guarantees Trump's sentencing  

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