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Vox Nihili
May 28, 2008

Manafort found guilty on 8 counts (6x tax fraud, 2x bank fraud), jury hung on 10 other counts.

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mastershakeman
Oct 28, 2008

by vyelkin

Vox Nihili posted:

Manafort found guilty on 8 counts (6x tax fraud, 2x bank fraud), jury hung on 10 other counts.

Don't forget Cohen! Pleaded guilty on a bunch of tax fraud stuff and also election violations and is stating he was directed to do so by Trump, lol

It does seem crazy to me that a business in DC apparently has a business model of accepting undeclared income and no one seems to care or have a reporting requirement or anything

mastershakeman fucked around with this message at 23:27 on Aug 21, 2018

Mr. Nice!
Oct 13, 2005

bone shaking.
soul baking.
Here's cohen's information if you wanna read it: https://www.documentcloud.org/documents/4779531-Information-Felony.html

Look Sir Droids
Jan 27, 2015

The tracks go off in this direction.
If you take as granted a sitting President can’t be indicted, does his term toll the SOL? If not he has to win re-election as the only way to avoid indictment, right?

ActusRhesus
Sep 18, 2007

"Perhaps the fact the defendant had to be dragged out of the courtroom while declaring 'Death to you all, a Jihad on the court' may have had something to do with the revocation of his bond. That or calling the judge a bald-headed cock-sucker. Either way."
poo poo’s about to get gooooooood...

And yes. I believe the clock doesn’t start until he’s actually indictable.

evilweasel
Aug 24, 2002


also just in case you're curious about who Individual-1 is:

https://twitter.com/pwnallthethings/status/1032024440475922432

ActusRhesus
Sep 18, 2007

"Perhaps the fact the defendant had to be dragged out of the courtroom while declaring 'Death to you all, a Jihad on the court' may have had something to do with the revocation of his bond. That or calling the judge a bald-headed cock-sucker. Either way."
Habeas petitioner grieves and fires 3 lawyers. This is his third petition btw. All claims involve ineffectiveness of previous counsel for “maliciously colluding with the state not to raise his valid claims. We arrive for day three of trial. He’s been given standby counsel (wtf???) he likes standby counsel. He wants to be represented by her. We declare mistrial and proceed to scheduling conference.

I spend rest of afternoon shopping.

Go to law school!

GamingHyena
Jul 25, 2003

Devil's Advocate

ActusRhesus posted:

Habeas petitioner grieves and fires 3 lawyers. This is his third petition btw. All claims involve ineffectiveness of previous counsel for “maliciously colluding with the state not to raise his valid claims. We arrive for day three of trial. He’s been given standby counsel (wtf???) he likes standby counsel. He wants to be represented by her. We declare mistrial and proceed to scheduling conference.

I spend rest of afternoon shopping.

Go to law school!

I swear you guys have the craziest habeas procedures.

Why in the world is there a mistrial for standby counsel subbing in on a Habeas petition? It would seem to defeat the purpose of standby counsel if a pro se litigant can just get a mistrial whenever they want simply by asking for standby counsel to represent him. Couldn’t a pro se petitioner just keep the habeas writ open forever by repeatedly firing his attorney and requesting to be represented by the standby counsel?

BigHead
Jul 25, 2003
Huh?


Nap Ghost
Aahahahaha that's awesome.

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!
I assume they remanded Manafort to the marshals after the verdict, right? He’s been incarcerated this whole time?

evilweasel
Aug 24, 2002

Phil Moscowitz posted:

I assume they remanded Manafort to the marshals after the verdict, right? He’s been incarcerated this whole time?

Yeah his bail was revoked for witness tampering.

Look Sir Droids
Jan 27, 2015

The tracks go off in this direction.
Yep, right back to jail from whence he came.

I have to say the mistrial portion of this is a double win for the prosecution. Somebody on NPR said prosecutors won’t bother retrying him since they likely have him for life under the sentencing guidelines. But having a possible retrial hanging over Manafort is the perfect hedge on a pardon, right? If Trump pardons him for the convictions, welp back to those 10 other counts.

Adar
Jul 27, 2001

Look Sir Droids posted:

Yep, right back to jail from whence he came.

I have to say the mistrial portion of this is a double win for the prosecution. Somebody on NPR said prosecutors won’t bother retrying him since they likely have him for life under the sentencing guidelines. But having a possible retrial hanging over Manafort is the perfect hedge on a pardon, right? If Trump pardons him for the convictions, welp back to those 10 other counts.

Can't Trump pardon him preemptively on the mistrial counts as well?

Not that that would stop the immediately incoming state counts, just saying.

eke out
Feb 24, 2013



Adar posted:

Can't Trump pardon him preemptively on the mistrial counts as well?

Not that that would stop the immediately incoming state counts, just saying.

yeah he can preemptively pardon whatever. the SCO told the court they'd have a decision about retrial within a week though, so if they're going to use it as a way to pressure Manafort they'd have to move quick

Soothing Vapors
Mar 26, 2006

Associate Justice Lena "Kegels" Dunham: An uncool thought to have: 'is that guy walking in the dark behind me a rapist? Never mind, he's Asian.

Phil Moscowitz posted:

I assume they remanded Manafort to the marshals after the verdict, right? He’s been incarcerated this whole time?

yeah, remember he had a cushy jail cell with his own phone and crazy privileges, then his lawyers filed a dumb motion whining about dumb poo poo and the judge transferred him to a worse facility

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.

ActusRhesus posted:

Take that back, you jackass.

Frankly, it fits your profile. Who would you actually root for, the Nats?

ActusRhesus
Sep 18, 2007

"Perhaps the fact the defendant had to be dragged out of the courtroom while declaring 'Death to you all, a Jihad on the court' may have had something to do with the revocation of his bond. That or calling the judge a bald-headed cock-sucker. Either way."

GamingHyena posted:

I swear you guys have the craziest habeas procedures.

Why in the world is there a mistrial for standby counsel subbing in on a Habeas petition? It would seem to defeat the purpose of standby counsel if a pro se litigant can just get a mistrial whenever they want simply by asking for standby counsel to represent him. Couldn’t a pro se petitioner just keep the habeas writ open forever by repeatedly firing his attorney and requesting to be represented by the standby counsel?

This one was a little wonky. First two days of evidence are before a judge who retired from the bench in a ball of drama. Parties now have option of requesting a mistrial so all evidence can be heard before the factfinder. He didn’t want that Bc it would push his date 2 yrs down the road and agreed to rely on transcripts. Now he changed his mind. But yeah. Our rules are ridiculous. Actual quote from judge in different case. “I want to deny this. I find it really inappropriate to allow you to do this. But since if I deny your motion we’re just going to be back in two years on a second habeas I’m granting it.” (Added new substantive and facially frivolous claims the day of trial. )



Discendo Vox posted:

Frankly, it fits your profile. Who would you actually root for, the Nats?

Red Sox or gtfo.

Look Sir Droids
Jan 27, 2015

The tracks go off in this direction.

Adar posted:

Can't Trump pardon him preemptively on the mistrial counts as well?

Not that that would stop the immediately incoming state counts, just saying.

Ah poo poo. I thought only convictions could be pardoned.

Mr. Nice!
Oct 13, 2005

bone shaking.
soul baking.
Nah. Ford preemptively pardoned Nixon for “any crimes he may have committed” without charges ever being filed.

Ford also believed he secured himself a place in hell for doing so.

nutri_void
Apr 18, 2015

I shall devour your soul.
Grimey Drawer

Mr. Nice! posted:

Nah. Ford preemptively pardoned Nixon for “any crimes he may have committed” without charges ever being filed.

Ford also believed he secured himself a place in hell for doing so.

lmao how the gently caress does this even work

Mr. Nice!
Oct 13, 2005

bone shaking.
soul baking.

Alexeythegreat posted:

lmao how the gently caress does this even work

Presidential pardon power is basically unlimited and no one challenged it. The only challenges to the pardon power historically just say that a pardon has to be publicly accepted and that it cannot be forced on someone.

Nice piece of fish
Jan 29, 2008

Ultra Carp

Mr. Nice! posted:

Presidential pardon power is basically unlimited and no one challenged it. The only challenges to the pardon power historically just say that a pardon has to be publicly accepted and that it cannot be forced on someone.

Well sure, but it's not really that crazy per se. If you accept a pardon you also declare your guilt, do you not? In which case a presidential pardon is judge, jury and executioner for that particular criminal act only the punishment is... nothing. So long as the pardon itself is limited in scope to only potential crimes in this particular period, within the president's authority window as it were, I don't see that it's particularly problematic in and of itself.

lol I'm just loving kidding what kind of a mickey loving mouse constitution allows past and future blanket pardons the idiot could be pardoning murder and rape for all he knows

nutri_void
Apr 18, 2015

I shall devour your soul.
Grimey Drawer
This breaks laws or legal physics or whatever

drat

How do I word this better

It violates my sense of judicial propriety

There

Mr. Nice!
Oct 13, 2005

bone shaking.
soul baking.
The presidential pardon power is absolutely nuts and you’re completely right. The US constitution was designed with some crazy powers because the founders never fathomed that we could have all three branches controlled by a group acting in deliberate bad faith.

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!
Jack Ryan signed blank proactive pardons so his son and Ding Chavez could go around assassinating people in the name of liberty. The constitution works.

joat mon
Oct 15, 2009

I am the master of my lamp;
I am the captain of my tub.

Nice piece of fish posted:

If you accept a pardon you also declare your guilt, do you not?
No. However, part of Ford's self-justification for pardoning Nixon was the fiction that you [implicitly] did, which has caused no end of twittering on the subject now that it's about Trump. Ford is said to have kept a clipping of that bit of dicta from the Burdick case in his wallet as a totem that he did the right thing.


Mr. Nice! posted:

Presidential pardon power is basically unlimited and no one challenged it. The only challenges to the pardon power historically just say that a pardon has to be publicly accepted and that it cannot be forced on someone.

The commonsense idea that you can't force a pardon on someone is the wellspring from which the idea that a pardon has to be accepted flows. Burdick, the case that the 'no involuntary pardons' rule came out was a case where the pardon was not being used as a pardon, but as a tool to try to force a person to testify. This also implicated the 5th Amendment right not to incriminate oneself, and so in dicta that court also speculated that accepting a pardon carried an implicit acceptance of guilt. It's only in the that limited context of misusing a pardon to force someone to testify against one's 5th amendment rights that that bit of woolgathering comes into the broader discussion about pardons.
What gets lost in the myopic "BUT TRUUUUUMP" moaning and blackly ironic twisting of the law is that pardons can and are used in cases of actual innocence, which pretty clearly puts the lie to the fiction that they are findings of guilt. (implicit or otherwise)

joat mon fucked around with this message at 13:59 on Aug 22, 2018

Pook Good Mook
Aug 6, 2013


ENFORCE THE UNITED STATES DRESS CODE AT ALL COSTS!

This message paid for by the Men's Wearhouse& Jos A Bank Lobbying Group
https://twitter.com/realDonaldTrump/status/1032247043992023040

Cooley grad.

evilweasel
Aug 24, 2002

Alexeythegreat posted:

This breaks laws or legal physics or whatever

drat

How do I word this better

It violates my sense of judicial propriety

There

a surprising amount of the american legal system, and the constitution in particular, derives from english law that assumed of course you have a monarch

the pardon power is copied from the king's absolute power over the judiciary, the american concept of sovereign immunity is copied from the idea that it would be absurd for the king to need to stand trial in his own courts

nm
Jan 28, 2008

"I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

ActusRhesus posted:


Red Sox or gtfo.
A racist prosecutor, how novel. . . .

Tokelau All Star
Feb 23, 2008

THE TAXES! THE FINGER THING MEANS THE TAXES!

Courts in my circuit are closed the rest of the week for threat of hurricane. Five day weekend!

nutri_void
Apr 18, 2015

I shall devour your soul.
Grimey Drawer

evilweasel posted:

a surprising amount of the american legal system, and the constitution in particular, derives from english law that assumed of course you have a monarch

the pardon power is copied from the king's absolute power over the judiciary, the american concept of sovereign immunity is copied from the idea that it would be absurd for the king to need to stand trial in his own courts

Please don't tell me that American sovereign immunity is absolute

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!

Alexeythegreat posted:

Please don't tell me that American sovereign immunity is absolute

Short answer: it is unless the sovereign waives immunity, which they (federal, state, local) have mostly done in various specific ways.

Vox Nihili
May 28, 2008

Learning about sovereign immunity in law school was a real eye-opener.

Kalman
Jan 17, 2010

Phil Moscowitz posted:

Short answer: it is unless the sovereign waives immunity, which they (federal, state, local) have mostly done in various specific ways.

And it only prevents you from punching up - the feds can sue the states without any concerns about sovereign immunity.

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!

Kalman posted:

And it only prevents you from punching up - the feds can sue the states without any concerns about sovereign immunity.

Fed is a higher sovereign, yes. And states can sue one another, though if I recall correctly the constitution states that only the Supreme Court has original jurisdiction over such suits.

ulmont
Sep 15, 2010

IF I EVER MISS VOTING IN AN ELECTION (EVEN AMERICAN IDOL) ,OR HAVE UNPAID PARKING TICKETS, PLEASE TAKE AWAY MY FRANCHISE

Kalman posted:

And it only prevents you from punching up - the feds can sue the states without any concerns about sovereign immunity.

Well. Some concern as to if Congress has made its intention to cancel the state's sovereign immunity clear enough for the Supreme Court not to gently caress over the feds.

Phil Moscowitz posted:

Fed is a higher sovereign, yes. And states can sue one another, though if I recall correctly the constitution states that only the Supreme Court has original jurisdiction over such suits.

Also a citizen of one state can sue another state in their first state's courts, at least sometimes.

quote:

In this tort action arising out of an automobile collision in California, a California court has entered a judgment against the State of Nevada that Nevada's own courts could not have entered. We granted certiorari to decide whether federal law prohibits the California courts from entering such a judgment or, indeed, from asserting any jurisdiction over another sovereign State.
...
In this Nation, each sovereign governs only with the consent of the governed. The people of Nevada have consented to a system in which their State is subject only to limited liability in tort. But the people of California, who have had no voice in Nevada's decision, have adopted a different system. Each of these decisions is equally entitled to our respect.

It may be wise policy, as a matter of harmonious interstate relations, for States to accord each other immunity or to respect any established limits on liability. They are free to do so. But if a federal court were to hold, by inference from the structure of our Constitution and nothing else, that California is not free in this case to enforce its policy of full compensation, that holding would constitute the real intrusion on the sovereignty of the States -- and the power of the people -- in our Union.

The judgment of the California Court of Appeal is

Affirmed.
Nevada v. Hall, 440 U.S. 410 (1979)

The Supreme Court was equally divided on the point in April 2016.

quote:

In Nevada v. Hall, 440 U. S. 410 (1979), this Court held that one State (here, Nevada) can open the doors of its courts to a private citizen’s lawsuit against another State (here, California) without the other State’s consent. In this case, a private citizen, a resident of Nevada, has brought a suit in Nevada’s courts against the Franchise Tax Board of California, an agency of the State of California. The board has asked us to overrule Hall and hold that the Nevada courts lack jurisdiction to hear this lawsuit. The Court is equally divided on this question, and we consequently affirm the Nevada courts’ exercise of jurisdiction over California. See, e.g., Exxon Shipping Co. v. Baker, 554 U. S. 471, 484 (2008) (citing Durant v. Essex Co., 7 Wall. 107, 112 (1869)).
https://www.supremecourt.gov/opinions/15pdf/14-1175_c07d.pdf


...there are often serious personal jurisdiction questions in how one state gets to try and claim another state should be drug into their courts, of course.

ulmont fucked around with this message at 21:26 on Aug 22, 2018

Kalman
Jan 17, 2010

ulmont posted:

Well. Some concern as to if Congress has made its intention to cancel the state's sovereign immunity clear enough for the Supreme Court not to gently caress over the feds.

Nah. Feds can always sue a state; there used to be an issue about whether Congress had made a cancellation of state sovereign immunity clear enough for a federal statute to strip state sovereign immunity from private suits, but that doctrine is basically meaningless after Florida Prepaid and Seminole Tribe.

Kalman fucked around with this message at 21:58 on Aug 22, 2018

yronic heroism
Oct 31, 2008

also p hosed up that Republicans buy the theory that POTUS can’t be indicted.

Scalia voice: “Show me in the constitution where Mueller can’t charge a sitting president with obstruction. Which article or amendment is that?” (drops mike)

joat mon
Oct 15, 2009

I am the master of my lamp;
I am the captain of my tub.

yronic heroism posted:

also p hosed up that Republicans buy the theory that POTUS can’t be indicted.

Scalia voice: “Show me in the constitution where Mueller can’t charge a sitting president with obstruction. Which article or amendment is that?” (drops mike)

Scalia voice: Hold my beer

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Hot Dog Day #91
Jun 19, 2003

A final follow up to my ethics issue. The attorney has been let go due to failure to disclose a conflict. Im glad I reported. I was given his agency issued fan.

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