(C) Daily Kos This story was originally published by Daily Kos and is unaltered. . . . . . . . . . . The media needs to say it - Donald Trump is out on bail. [1] ['This Content Is Not Subject To Review Daily Kos Staff Prior To Publication.'] Date: 2024-03-07 I watched Morning Joe, and today, guest Molly Jong-Fast of Vanity Fair pointed out that Donald Trump is on bail. And damn, I had forgotten all about that fact. I also realized that the media seems to have forgotten about it. I consume a lot of news from MSNBC, but they don’t mention it. Donald Trump is out on cash bail, which would fit perfectly as a bumper sticker. It is remarkable that if used repeatedly, it will reach those who have forgotten as well. Since all criminal trials against Trump will likely not be completed before the election, thanks to the Supreme Court and Aileen Canon. Reminding voters now would take the steam out of the Federalist Society that put their hand on the scales, silencing much discussion for this criminal instigating a coup attempt against the United States Government is fitting. On my search engine, at least since August 2023, almost nothing from the media has been reported on the word bail. CNN: Chalk up another first for Donald Trump. Trump had to agree, for example, to make no threats on social media against co-defendants, witnesses and the 30 unindicted co-conspirators . The ex-president may have worsened his own cause. Last week, for instance, he warned on his Truth Social network that Geoff Duncan, the former lieutenant governor of Georgia, “shouldn’t” testify to the grand jury that eventually indicted Trump. Duncan is a Republican and also a CNN contributor. The terms of Trump’s bond agreement were also noticeably tougher than minimal conditions imposed by a federal court in Washington, the Manhattan District Attorney’s Office, and under a federal judge in Florida – in three separate cases to which Trump has pleaded not guilty. The spectacle of him being booked at an Atlanta jail – which he said would take place on Thursday – will once again underscore the outlandish circumstances of a former and possibly future president facing multiple criminal trials. Trump’s arrival, sure to whip up a media circus, will trample any breakout moments by his adversaries in the first Republican presidential debate in Milwaukee Wednesday night. Trump is snubbing an event that he is working hard to overshadow, even wielding the theatrics of his own processing as a criminal defendant in a case that alleges he and 18 others tried to steal the 2020 election. In the latest stage of his transformation from the world’s most powerful man to criminal defendant four times over, the ex-president pledged a $200,000 bond Monday, as he steels for another indignity unthinkable in his White House years. Biden administration confirms Russian agent shared 2016 Trump polling data as part of election interference efforts Trump’s apologists say it doesn’t matter if he’s guilty of insurrection. That’s not true Donald Trump Is Now 'America's No. 1 Traitor,' Says Veterans Group How do Trump's extraordinary betrayals stand up against history? He could be the worst. From the Creative Commons site at The Conversation, also from the summer of 2023: Trump out on bail – a criminal justice expert explains the system of cash bail For several days, former President Donald Trump and his 18 co-defendants in a Georgia election interference case trickled into the Fulton County Jail in Atlanta to surrender for arrest, fingerprinting and mugshots before the noon Aug. 25, 2023, deadline. Charged in the same alleged conspiracy to overturn results in Georgia’s 2020 presidential election, the defendants did not draw the same bail agreements or amounts. Trump’s bail was set at US$200,000, while his former attorney Rudy Giuliani’s bail was set at $150,000. Meanwhile, attorneys John Eastman, Kenneth Chesebro, Jenna Ellis and Sidney Powell each had bail set at $100,000. Bail for other co-defendants ranged from $10,000 to $75,000. The Conversation asked Megan T. Stevenson, a University of Virginia law professor who researches bail, to answer questions about the American bail system and how the bail amounts in the Georgia election interference case reflect that system. What is the purpose of the cash bail system, and how does it work? Cash bail is when the defendant must pay money before being released from jail after arrest. The money can come from the defendant’s savings, from a friend or family member, or be borrowed from a bail bondsman. The words bail and bond are often used interchangeably. The idea behind cash bail is that it provides a financial incentive to deter misconduct. If a defendant flees or otherwise misbehaves, they forfeit their bail amount. After someone is arrested, they are seen by a judge or magistrate who sets bail. The bail hearing is usually exceedingly short – a few minutes at most. Sometimes, the hearings happen by video conference. Most defendants do not have defense counsel at the time of the bail hearing, but if they do, the defense counsel can argue for lenient bail amounts and conditions. While bail laws vary from state to state, bail is usually supposed to be set at the minimal amount of money that will ensure the defendant appears in court and doesn’t violate court orders. For instance, one of the conditions of Trump’s bail is that he cannot intimidate witnesses, co-defendants or other people – including on social media. If Trump violates this condition, he is at risk of having his bond revoked and being placed in jail. What’s the history of bail in the US? Bail has been a part of the American criminal justice system since Colonial times. Originally, when a criminal defendant was released on bail, it meant they were released into the supervision of someone who had vouched for them. The defendant would be required to pay a certain amount of money if they failed to subsequently appear in court. But no one needed to pay any money up front. Over time, that has changed. Now, most defendants are expected to pay cash bail before they are released, and a surety – a person who vouchers for the defendant and promises to supervise them – is generally not required. Some criminal justice reformers have objected to the cash bail system. Why is that? In the U.S., people are presumed innocent until proved guilty in court. Being jailed prior to trial is supposed to be a “carefully limited exception” as established by Supreme Court precedent. But that reflects theory better than practice. Approximately 20% of the imprisoned population in the U.S. consists of people awaiting trial. For reference, there are more people detained pretrial than are serving time due to a drug sentence. And almost all of those detained had cash bail set and would have been released if they could afford it. Some detained people are facing very serious charges and had very high bail. But many are detained on relatively low bail amounts that are simply beyond reach for the poor to pay. Theoretically, the ability to pay bail is supposed to be taken into account, but judges frequently don’t. The result is that people end up behind bars before trial simply because they are accused of a crime and they are poor, which is both a violation of equal protection and a waste of taxpayer resources. The bail reform movement is trying to ensure that the only people detained before trial are people who pose a specific threat of serious crime if they are released. Illinois, for example, eliminated its cash bail system, making all defendants eligible for release before trial. In other jurisdictions, nonprofit bail funds pay bail for the poor, with the goal of ensuring that nobody is jailed due to inability to pay. Is it customary for people who are charged with the same crime to get different bail amounts? Yes. Trump and his co-defendants have been charged in a conspiracy. But conspiracy law is very sweeping and can range from central players in the crime to those with very minor roles. When setting bail, judges take into account the seriousness of the alleged criminal activity, the criminal record and any other information that pertains to the likelihood that the defendant will flee, intimidate witnesses or commit a new crime. Given the wide variety of roles Trump and his co-defendants allegedly played, as well as these other varying circumstances, it’s not surprising that their bail would differ. Is there research that examines whether bail is granted to demographic groups differently? Studies show that racial bias and racial disparities in bail exist, and they arise from various sources. First, a defendant’s criminal record plays a big role in the bail amount. If defendants from disadvantaged groups are more likely to be arrested than others who have committed the same crime, then they will have longer criminal records and will get higher bail amounts. For instance, numerous studies show that Black people use and sell drugs at similar rates to white people, but are much more likely to be arrested and convicted for drug crimes. So, Black people in the criminal justice system often have longer criminal records than white people in the system. Also, a judge’s beliefs about the likelihood that someone will commit a crime in the future can be influenced by stereotypes about race and criminality. These stereotypes can lead a judge to set bail higher for Black defendants who pose the same risk level as white defendants. Finally, poor people will be less able to afford a certain bail amount than those with greater wealth. And since poverty is strongly correlated with race, Black and Hispanic defendants are often detained at disproportionate rates. 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