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BigBallChunkyTime
Nov 25, 2011

Kyle Schwarber: World Series hero, Beefy Lad, better than you.

Illegal Hen
lol they're trying to pin everything on John Eastman because everything Trump did was "following the advice of counsel"

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PhantomOfTheCopier
Aug 13, 2008

Pikabooze!
:yikes: Something Awful 1.0.


I've been pondering how thorough a gag order will be attempted tomorrow. Worse case they can appeal, right? Or does that piss off the appellate court and get one booted off the case? "Mister Defendant, seeing as how the charges in this case relate to conspiracies predicated on communication of both a public and private nature, and how such has continued even unto this morning, I shall provide you the choice: Either you promise zero public communication related to this case, jan6, or 'election interference' since that's what you've been charged with; or you can be held without bail to ensure no furtherance".

(Hypothetical far left judge behaving like a regular right wing judge)

Peteyfoot
Nov 24, 2007
I've got a drive ahead of me this afternoon, are there any fast-moving podcast / youtube folks that are already discussing the new indictment stuff?

BiggerBoat
Sep 26, 2007

Don't you tell me my business again.

Leon Trotsky 2012 posted:

That's not even the wildest quote from the transcript.



Ew.

I wonder if the Borat 2 film footage is admissible here?

Kith
Sep 17, 2009

You never learn anything
by doing it right.


BiggerBoat posted:

Ew.

I wonder if the Borat 2 film footage is admissible here?

It's in the documentation, at least. Page 15.

PhantomOfTheCopier
Aug 13, 2008

Pikabooze!
Been thinking about the :rant: from juror number 3 in Twelve Angry Men, and how easy it is to imagine T in the same :rant: It's on YouTube but major spoilers so I won't put it here.



Defendant #1 / T (or maga juror depending on circumstances):

[another pause, seething with anger]
Everything - *every single thing* that took place in this courtroom, but I mean everything - says I'm innocent. What d'ya think, I'm an idiot or somethin'?

[gets out of his seat] Why don'tcha take that stuff about the attorney general - the attorney general who *attended* the meeting and heard *every*thing and didn't complain?

Or this business about the phone call! What, 'cause I said they could find votes for Biden but not for me? He's *complaining* instead of doing his job! Right there in the office! He should be on trial! What's the difference how many votes it was?

Every single thing... The tweets welcoming my fans to Washington... You can't *prove* I wanted them to attack the Capitol ! Sure, you can take all the time, picking and choosing antifa plants on video, but you can't prove it!

And what about this business with the electors? And Pence! There's a phony deal if I ever heard one. I betcha five million dollars I'd get the House to send it to the states ! I'm tellin' ya, every thing that's gone on has been twisted... and turned!

[throws ketchup] This business with the lawyers? How do *you* know they didn't plan it all? This woman went through that door on her own! And what about the lies that I was watching it on TV and did nothing? Huh?! I'm tellin' ya, I've got all the facts here... here...

[throws classified documents at the prosecutors]
Well there it is, that's the whole case!

Papercut
Aug 24, 2005

BigBallChunkyTime posted:

lol they're trying to pin everything on John Eastman because everything Trump did was "following the advice of counsel"

Trump's lawyer was on NPR today and he just kept saying all of the charged behavior is just Trump exercising his first amendment right to free speech

OgNar
Oct 26, 2002

They tapdance not, neither do they fart
Misdirection is the only thing he has left.

https://twitter.com/RonFilipkowski/status/1686861758080716802

Staluigi
Jun 22, 2021



Epshteyn didnt kill himchelf

Fuschia tude
Dec 26, 2004

THUNDERDOME LOSER 2019

Discendo Vox posted:

Tread lightly with sourcing to Meidas Touch, it's very much in the Any Day Now line of coverage; look for the underlying coverage it's mediating and ensure that it matches its claims.

Uhhhhhhhhhhh it's not "mediating" any "coverage" it's literally quoting the filing, as they say (and link to!) right in the article. But you already know that because you read it, right?

Charlz Guybon
Nov 16, 2010
:thunk:

https://twitter.com/axios/status/1686883588040499200

Discendo Vox
Mar 21, 2013

This does not make sense when, again, aggregate indicia also indicate improvements. The belief that things are worse is false. It remains false.

Fuschia tude posted:

Uhhhhhhhhhhh it's not "mediating" any "coverage" it's literally quoting the filing, as they say (and link to!) right in the article. But you already know that because you read it, right?

When someone takes information and it passes through their hands or channel of communication to somewhere else, it's mediation. They're also not just quoting the filing, they're adding commentary and passing readers through their own site, with additional commentary. Meidas Touch has a pattern of overstating the significance of events; my caution about tracking to the prior source wasn't just about this tweet but also all the others that get posted from them. To wit, the "bombshell new filing" that "flew under the radar" is a three page checklist form. The case was known. Relative to the other ones, it's not very significant.

Discendo Vox fucked around with this message at 04:19 on Aug 3, 2023

OgNar
Oct 26, 2002

They tapdance not, neither do they fart
Well this was to be expected

https://twitter.com/greg_price11/status/1686832005185478656

BiggerBoat
Sep 26, 2007

Don't you tell me my business again.

Kith posted:

It's in the documentation, at least. Page 15.

LOL no poo poo?

Goatse James Bond
Mar 28, 2010

If you see me posting please remind me that I have Charlie Work in the reports forum to do instead

in fairness, given the facts in the indictment, this might be the best strategy that isn't "flee to Russia"

Paracaidas
Sep 24, 2016
Consistently Tedious!

Discendo Vox posted:

Meidas Touch has a pattern of overstating the significance of events; my caution about tracking to the prior source wasn't just about this tweet but also all the others that get posted from them. To wit, the "bombshell new filing" that "flew under the radar" is a three page checklist form. The case was known. Relative to the other ones, it's not very significant.
I feel that this analysis misses that Brett, the author, has personal and professional expertise in both the fields of questionably legal employment arrangements (he was paid as a consultant by the Avenatti-linked consultants the brothers' Super PAC hired, literally funneling donated funds to himself through an intermediary) and lawfare to protect the arrangement (threatening the Rolling Stone and its writer with a SLAPP for its reporting on that along with other suspect fundraising and spending behavior).

PhantomOfTheCopier posted:

I've been pondering how thorough a gag order will be attempted tomorrow. Worse case they can appeal, right? Or does that piss off the appellate court and get one booted off the case? "Mister Defendant, seeing as how the charges in this case relate to conspiracies predicated on communication of both a public and private nature, and how such has continued even unto this morning, I shall provide you the choice: Either you promise zero public communication related to this case, jan6, or 'election interference' since that's what you've been charged with; or you can be held without bail to ensure no furtherance".
"Seeing as how the charges in this case relate to conspiracies predicated on communication of both a public and private nature, and how such has continued even unto this morning" leaves me wondering, again, if you've actually read the document you're referencing. The indictment is explicit (on the second page!) that Trump had and has every right to comment on and lie about the election results.

This is worth actually understanding because it stems from the same fundamental dumbassery that has underpinned the immediate GOP and Trumpworld response. Contra Trump's media flacks (and, apparently, you :shrug:), Trump's not being charged with lying about the election. He's not being charged because he made statements about the election. He's not being charged because he made false statements about the election. He's not being charged because he believed or didn't believe or shouldn't have believed in the accuracy of his statements about the election. To the extent that there is any criminality to his statements, it is in their use to "impair, obstruct, and defeat the federal government function".

It'd be helpful if any future fanfiction posted to the thread didn't misrepresent the fundamental facts and nature of the case, particularly in ways that align with the baldly lying Trump surrogates. It'd also be cool if it was less grotesquely and overtly authoritarian, but that's more a preference of personal taste.
Even by Axios' meager standards, this is terrible. It's especially bad because the sincerity question has come up and been answered explicitly by a Reagan judge in the Jan 6 case of ex-cop Alan Hostetter.

quote:

Even if Mr. Hostetter sincerely believed–which it appears he did–that the election was fraudulent, that President Trump was the rightful winner, and that public officials committed treason, as a former police chief, he still must have known that it was unlawful to vindicate that perceived injustice by engaging in mob violence to obstruct Congress.
As with PhantomOfTheCopier's creative writing exercise above, Axios' coverage of Trump's defense strategies relies on a thorough misunderstanding of the facts. It's also far too credulous:

quote:

Why it matters: If they proceed to trial, Trump's lawyers effectively could be asking a jury to believe that the former president was delusional — undermining special counsel Jack Smith's core thesis that Trump "knowingly" sought to defraud the country.

The gambit could prove successful in court, where an already unfurling debate over the First Amendment is expected to play a starring role.
There is no First Amendment debate here, one of the many wise reasons the indictment avoided incitement and similar charges. Like in Hostetter, a sincere, delusional belief in outcome-determinative fraud isn't a defense against the charges.

A belief in electoral fraud is not a defense for filing what Eastman explicitly confesses is a false verification on the Georgia lawsuit. It is not a defense for the false elector plots (with the possible exception of Wisconsin, where it's more arguably applicable but still worthless). It is not a defense for either set of lies about Pence.

quote:

What they're saying: "I would like [prosecutors] to try to prove beyond a reasonable doubt that Donald Trump believed that these allegations were false," Trump attorney John Lauro said on Fox News last night.

"No sitting president has ever been criminally charged for his views, for taking a position," he added.
Luckily for Lauro and America, we still live in a world where no sitting (nor former) president has been criminally charged for their views, for taking a position.

Axios also acts as stenographer for the vacuous argument that this is a good thing for Trump

quote:

What to watch: Citing the subpoena power that Trump's lawyers will be entitled to in the discovery process, Lauro pledged to "re-litigate every single issue in the 2020 election."

In other words, the Trump team may use his criminal trial to once again try to prove there was election fraud — and thereby de-fang Smith's charges.

Remember: More than 60 election lawsuits brought by Trump and his allies were tossed out of court in the weeks after the election.
Shockingly, "I believed it was true and it actually was" is no better a defense than "I believed it was true." Pointing out the campaign's abysmal record in litigation provides context to the question "What might Trump's legal team uncover in discovery?". Accepting as fact that election fraud could somehow de-fang the charges proactively misinforms its readers.

Mercury_Storm
Jun 12, 2003

*chomp chomp chomp*

Google Jeb Bush posted:

in fairness, given the facts in the indictment, this might be the best strategy that isn't "flee to Russia"

Like Trump wouldn't just blow up the "was delusional" defense himself, since this would mean admitting that he was wrong on some level? Will probably be a worse, way more high profile version of the Alex Jones Sandy Hook trials.

Lammasu
May 8, 2019

lawful Good Monster
Let's discuss the really important question. What will the prison nicknames of Trump and his co-conspirators be? I'm thinking Rudy will be called Whisky.

Discendo Vox
Mar 21, 2013

This does not make sense when, again, aggregate indicia also indicate improvements. The belief that things are worse is false. It remains false.

Paracaidas posted:

I feel that this analysis misses that Brett, the author, has personal and professional expertise in both the fields of questionably legal employment arrangements (he was paid as a consultant by the Avenatti-linked consultants the brothers' Super PAC hired, literally funneling donated funds to himself through an intermediary) and lawfare to protect the arrangement (threatening the Rolling Stone and its writer with a SLAPP for its reporting on that along with other suspect fundraising and spending behavior).

Yep, I didn't remember the details and didn't have time to pull them up- thank you for doing so.

The Bible
May 8, 2010

Caros posted:

Because it would involve criminal charges against a sitting Justice's wife.

Not to sound doomy again, but no one really responded to this and I wanted to see what the thoughts were on it.

SCOTUS judges are allowed to cheat on their taxes, openly accept bribes, and make rulings based on entirely fictional cases.

What actually is there to prevent them from overturning a case for the express purpose of protecting one of their spouses? It isn't like they'd face any consequences for it.

The Bible fucked around with this message at 06:45 on Aug 3, 2023

Goatse James Bond
Mar 28, 2010

If you see me posting please remind me that I have Charlie Work in the reports forum to do instead
i'm not entirely joking when i opine that alito's seething, lifelong hatred for criminal defendants would probably override him being a bootlicking partisan hack

as far as he's concerned, the moment the cops accuse you of a crime, it's time for drawing and quartering

Kith
Sep 17, 2009

You never learn anything
by doing it right.


BiggerBoat posted:

LOL no poo poo?

Baka-nin
Jan 25, 2015

Giuliani is also in the middle of a sexual harassment suit by Noelle Dunphy which is where all his dick eugenics theories are transcribed. R Rudy's not having a good summer it seems.

Hieronymous Alloy
Jan 30, 2009


Why! Why!! Why must you refuse to accept that Dr. Hieronymous Alloy's Genetically Enhanced Cream Corn Is Superior to the Leading Brand on the Market!?!




Morbid Hound

Google Jeb Bush posted:

i'm not entirely joking when i opine that alito's seething, lifelong hatred for criminal defendants would probably override him being a bootlicking partisan hack

as far as he's concerned, the moment the cops accuse you of a crime, it's time for drawing and quartering

Yeah but that's because he thinks of "criminals" as a racial class to which criminal defendants belong by birth. His fellow patriots aren't part of that class, definitionally.

The Bible
May 8, 2010

Hieronymous Alloy posted:

Yeah but that's because he thinks of "criminals" as a racial class to which criminal defendants belong by birth. His fellow patriots aren't part of that class, definitionally.

Poor people. He hates poor people.

Whether the defendant is American or white or whatever, if they're poor, they're criminals.

Ynglaur
Oct 9, 2013

The Malta Conference, anyone?

The Bible posted:

Poor people. He hates poor people.

Whether the defendant is American or white or whatever, if they're poor, they're criminals.

So if the prosecution can demonstrate that Trump is broke, Alito won't side with him?

PhantomOfTheCopier
Aug 13, 2008

Pikabooze!
Dude/tte you need to calm down.

Yes, I did read all 45 pages and, yes, one of the counts is a conspiracy against rights, and, yes, I think that conspiracy is suffering a continuing crime by T posting sixty five loving pages a day that everyone on the planet is engaging in "election interference" and any vote not for him is illegal or should be made illegal. Additionally, yes, I believe that others of his hourly Xits constitute ongoing obstruction of an official proceeding, namely the ability of multiple courts systems in multiple jurisdictions to do their jobs, because he's calling in droves of people to attack these institutions.

I don't know if I dis/agree with the contents of your post because I won't have time to read that until later, but this is something awful, I made no "quotes" that could be confused as anything but satire, we have far surpassed "the matterings", and I'm going to continue celebrating by dreaming about the many faces of justice, even those where judges make very silly statements that must be followed and/or appealed.


ps As if on cue, T says, of "Washington DC... I have called for a Federal TAKEOVER in order to bring our Capitol back to Greatness. It is now a high crime embarrassment". This, imho, seems a continuance of the accused behavior, ie obstruction by means of complete overthrow; but I'm not the judge who has to perform today's tasks. Can you imagine the pressure?

PhantomOfTheCopier fucked around with this message at 15:20 on Aug 3, 2023

Karma Comedian
Feb 2, 2012

Kalli posted:


Trump Legal Troubles: Matt Damon is 5'2, Eyes are blue. Coochie-coochie-coochie-coo

Main Paineframe
Oct 27, 2010

The Bible posted:

Not to sound doomy again, but no one really responded to this and I wanted to see what the thoughts were on it.

SCOTUS judges are allowed to cheat on their taxes, openly accept bribes, and make rulings based on entirely fictional cases.

What actually is there to prevent them from overturning a case for the express purpose of protecting one of their spouses? It isn't like they'd face any consequences for it.

The fact that rulings require five Supreme Court justices to agree. While the rest of the Court can't outright force Thomas to recuse, they can reasonably be expected to exert considerable personal and professional pressure. Believe it or not, the Court is (even now) concerned with their public image, and while there may be political causes that the justices are willing to sacrifice the court's legitimacy for, it's very unlikely that the other conservatives would throw themselves on a sword for Ginni Thomas.

evilweasel
Aug 24, 2002

Main Paineframe posted:

The fact that rulings require five Supreme Court justices to agree. While the rest of the Court can't outright force Thomas to recuse, they can reasonably be expected to exert considerable personal and professional pressure. Believe it or not, the Court is (even now) concerned with their public image, and while there may be political causes that the justices are willing to sacrifice the court's legitimacy for, it's very unlikely that the other conservatives would throw themselves on a sword for Ginni Thomas.


yeah, there is no mechanism for the rest of the supreme court to force someone to sit a case out

this actually has come up in the past, when one justice was so loving senile that the rest of the judges made a pact never to let him be the deciding vote on anything (this was back before the court was significantly polarized) because they couldn't actually force him to stop hearing cases

tracecomplete
Feb 26, 2017

evilweasel posted:

this actually has come up in the past, when one justice was so loving senile that the rest of the judges made a pact never to let him be the deciding vote on anything (this was back before the court was significantly polarized) because they couldn't actually force him to stop hearing cases

When was this? I've never heard this one before. (Not surprised, though.)

Fork of Unknown Origins
Oct 21, 2005
Gotta Herd On?

evilweasel posted:

yeah, there is no mechanism for the rest of the supreme court to force someone to sit a case out

this actually has come up in the past, when one justice was so loving senile that the rest of the judges made a pact never to let him be the deciding vote on anything (this was back before the court was significantly polarized) because they couldn't actually force him to stop hearing cases

That’s kind of what they can do. Tell Thomas “recuse or X number of us have agreed to decide against you no matter what.” I think you could get two conservative justices to sign on to that in this situation.

evilweasel
Aug 24, 2002

tracecomplete posted:

When was this? I've never heard this one before. (Not surprised, though.)

Justice McKenna (on page 21) and Justice Douglas (page 59) of the pdf linked here both had this happen to them. I think I'd been thinking of Douglas but it apparently happened twice! https://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?article=5893&context=uclrev

also it turns out many justices realized they should retire when they get senile, got senile, and it turns out it's hard for someone senile to realize they're senile and remember they ought to resign now that they're senile

Independence
Jul 12, 2006

The Wriggler

Lammasu posted:

Let's discuss the really important question. What will the prison nicknames of Trump and his co-conspirators be? I'm thinking Rudy will be called Whisky.

Diaper Don and Little Italy

PhantomOfTheCopier
Aug 13, 2008

Pikabooze!

evilweasel posted:

also it turns out many justices realized they should retire when they get senile, got senile, and it turns out it's hard for someone senile to realize they're senile and remember they ought to resign now that they're senile
Seems like this should grace the Supreme Court thread; and

Seems like there should be an app for this, Senility Detector 1.0; and

Seems like there should be routine competency tests for representatives and judges and drivers license holders; and

Seems like deliberative assemblies have censure and no confidence for reasons and people should work with their peers sheesh; and

Seems like this slope is quite slippery. :downsrim:

Paracaidas
Sep 24, 2016
Consistently Tedious!

PhantomOfTheCopier posted:

Yes, I did read all 45 pages and, yes, one of the counts is a conspiracy against rights, and, yes, I think that conspiracy is suffering a continuing crime by T posting sixty five loving pages a day that everyone on the planet is engaging in "election interference" and any vote not for him is illegal or should be made illegal.
Again, you entirely misunderstand the charges and do so in a way that echoes the lies of Trump and his PR "legal" strategy. The indictment, prior to any charges, makes explicit that this is horseshit. It is in plain language. I cannot understand the confusion.

quote:

The Defendant had a right, like every American, to speak publicly about the election and even to claim, falsely, that there had been outcome-determinative fraud during the election and he had won.


PhantomOfTheCopier posted:

Additionally, yes, I believe that others of his hourly Xits constitute ongoing obstruction of an official proceeding, namely the ability of multiple courts systems in multiple jurisdictions to do their jobs, because he's calling in droves of people to attack these institutions.
This is a novel theory entirely disconnected from the indictment and today's arraignment despite your attempts to link the two. The courts have held that gag orders, like other forms of prior restraint (banning expression for fear that some future expression will be unlawful), are presumed unconstitutional. We have seen them issued recently over similar conduct - You may find value in contrasting the escalating orders on Roger Stone and the many-faced justice of your dreams.

At core, you're seeking a judge to gag Trump because his current speech echoes speech that is alleged to have been in support of a criminal conspiracy that is no longer active. Here, you have the speech that Smith went to pains to make clear is legal. You can allege a conspiracy, I suppose, but you have no crime. Criticizing the courts and the government is not a crime, even when you lie. Nor is calling on supporters to protest and make themselves heard. You'll note that Trump isn't charged with incitement. There's no alleged criminality in even the ellipse speech itself. The crime is in using those supporters to illegally obstruct the ECA and in the purpose of that obstruction - to deny the privilege to those who legally voted for Biden in the relevant states. The speech and a fear that he may in the future call on his supporters to rally are the only similarities -- and they're the parts that aren't illegal. Which I'm glad for! If all it took to jail or legally silence candidate for any office (or hell, any opponent or critic of government) is an indictment that incorporates a criticism of the government, that'd be bad.

PhantomOfTheCopier posted:

ps As if on cue, T says, of "Washington DC... I have called for a Federal TAKEOVER in order to bring our Capitol back to Greatness. It is now a high crime embarrassment". This, imho, seems a continuance of the accused behavior, ie obstruction by means of complete overthrow
This is clearly and obviously a policy position - that DC needs to be administered by the federal government and has lost/never deserved the right of self-governance. It's a loathsome position, but it's not whatever nonsense you seem to think it is.

Bar Ran Dun
Jan 22, 2006




evilweasel posted:

also it turns out many justices realized they should retire when they get senile, got senile, and it turns out it's hard for someone senile to realize they're senile and remember they ought to resign now that they're senile

senile folks are also not uniformly senile. So even for the people around them it’s hard especially if they’ve been around them a long time. And decline like that can be mitigated effectively for a very long time too.

celadon
Jan 2, 2023

How can you resign if you're not of sound mind? Like if you are senile are you capable of retiring legally? Presumably a Senator in a coma wouldn't be capable of retiring, so whats the degree of incapacitation that can be tolerated while still being able to resign?

KillHour
Oct 28, 2007


celadon posted:

How can you resign if you're not of sound mind? Like if you are senile are you capable of retiring legally? Presumably a Senator in a coma wouldn't be capable of retiring, so whats the degree of incapacitation that can be tolerated while still being able to resign?

A country in better condition than the Roman Empire circa 475 would automatically remove a Senator in such a state so it would be moot.

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Kale
May 14, 2010

So when exactly did Bill Barr flip to being an anti Trump commentary guy? I know he peaced out after Jan 6 but like has he been an anti trump legal troubles commentary guy all this time and I just missed it?

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