Convicted Felon

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by

Chris Johnson
in ,

I wish this were easy. It isn’t.

At issue is the number of people claiming that Donald Trump is a convicted felon.

Like most things legal, the answer is never simple. The reason is that many laws have internal definitions that do not match the definitions in other parts of the law. And there is the use of the common vernacular.

First, the common vernacular, and the language used by the court, is that a person is convicted when they have been adjudicated guilty. This is when the jury returns a guilty verdict or a judge, in a bench trial, finds a person guilty. This also applies to certain pleadings of the defendant, such as a pleading of guilty or nolo contendere plea.

By this definition, Hunter Biden and Donald Trump are both convicted felons.

Second, in some places in the U.S.C., they define “convicted” to mean when found guilty, when sentenced, or both. 41 USC § 8101(a)(3) uses this definition. Chapter 81 of 41 USC is the chapter on a drug-free workplace.

In other words, the definition of convicted, when talking about a drug-free workplace, uses the “when found guilty”.

The Kicker

The Criminal Resource Manual (CRM) has the following:

For fugitives who have been convicted and either escaped or otherwise failed to complete their sentences, extradition treaties dispense with the requirement of establishing the crime through affidavits. Instead, the treaties require proof of conviction. In United States practice, conviction means a finding of guilt (i.e., a jury verdict or finding of fact by the judge) and imposition of sentence. If the defendant fled after the verdict but before sentencing, he or she has not been convicted, and the prosecutor must supply the affidavits described in this Manual at 608, unless the treaty specifically equates conviction with a finding of guilt.

The conviction may be proved by a certified copy of the Judgment and Commitment Order or the equivalent state form. Proof that the fugitive is unlawfully at large may take the form of an affidavit from the warden of the institution from which the fugitive escaped, or from the marshal if the fugitive failed to surrender after sentencing. The time remaining to be served (not counting reductions for good behavior) must be stated.
—Justice Manual | 609. Evidence Of Conviction | United States Department of Justice, (last visited Dec. 4, 2024)

So what does this mean?

In my NON-lawyer opinion? Donald Trump is a convicted felon who is seeking reversal on appeal. Until he is sentenced, he is not convicted per international law.

In addition, the judgement is currently stayed, pending the outcome of the appeal.

Hunter Biden is a convicted felon who has been pardoned.

        

Comments

4 responses to “Convicted Felon”

  1. curby Avatar
    curby

    Im just a knuckle draggin neanderthal not a lawyer… as far as Trumpy being a “convicted” felon-when all the bullshiite criminal charges were dropped thats the end of it. the whole thing is moot from now on. and thats what I would say to any liberal spewing that drivel

    1
  2. Birdog357 Avatar
    Birdog357

    I’ve heard that NY law specifically does not consider him convicted until sentenced. Which is why they’re dragging out that part: he’s Schrodinger’s felon. The left can claim convicted felon, but he can’t appeal it until it’s over.

    1. curby Avatar
      curby

      thats the thing- what I read it IS over.
      oh and isnt there some obscure law democrats trot out when it suits them that “presidents can’t be tried till out of office”…. We won, get over it.

  3. CBMTTek Avatar
    CBMTTek

    In common language, Trump is a convicted felon.

    As you state, legal is never really all that clean.

    When a prosecutor uses a “novel application” of a law it means no one has tried to do that before, and for good reason. All of Trumps indictments were under a novel application of a law. In my (IANAL) mind, that means the conviction (or indictment) is meaningless and any appeals court, or judge that actually respects the law, will toss out the conviction/indictment.

    That is something I remind folks when they trot out the convicted felon label.
    Then again, the folks trotting that label out will also say Trump is a rapist as well. Which clearly demonstrates their lack of knowledge of the trials Trump had to endure.