Donald Trump Latest Victim of Statute of Limitations Exception

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Donald Trump was indicted today based on allegation from over 5 years ago even though New York state has a statute of limitation of 5 years in most cases, but not if you're not in the state. New York has a tolling provision which only applies to non-residents. Under that provision the statute of limitations can be doubled from 5 to 10 years for every similarly situated defendant whose only problem is not living in New York. We feel that this violates the equal protection clause of the 14th Amendment by denying non-residents the equal protection of the law.

Donald Trump himself in an exception in that he is not poor or a person of color because if he were he would be like most people victimized by this law. A poor black kid in New Jersey who thought it might be a good idea to attend a Black Lives Matter (BLM) protest in Manhattan might suddenly get arrested nine years later because some prosecutor decided to charge him with a felony after he went home. That kid should not have to spend twice as long worrying about getting popped for his protest just because he lives across the river.

The relevant part of the 14th Amendment reads as follows:

"No State shall ... deny to any person within its jurisdiction the equal protection of the laws" -

In this case we believe that an exception to New York's statute of limitations which doubles for anyone just for not being in the state denies those people equal protection of the statute of limitations. Proponents of the exception argue that it is necessary because prosecuting people after they leave the state is more difficult, but that position lacks merit because leaving the state does not stop prosecutors from being able to charge you. They just charge you and issue a warrant for your arrest. If you are found in another state you face extradition. None of that justifies subjecting everyone who leaves New York to 5 more years of liability.


The charges against Donald Trump and every defendant in the state of New York filed more than 5 years after the date the alleged offense was committed must be dismissed. Every New York inmate currently serving time for an offense they were charged with after 5 years should be freed immediately. Hopefully Donald Trump's legal defense team will challenge this exception in a manner which should secure the freedom of countless people.

Note: The solution should not be applied to people convicted of crimes which have a statute of limitation of more than 5 years like murder. All defendants are subject to those longer terms regardless of where they are, so in such cases people will need to see if they were charged after those statutes of limitations expired.

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