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Ynglaur
Oct 9, 2013

The Malta Conference, anyone?

Murgos posted:

The weaponization committee seems to have maybe found a prime example of political influence being used to weaponize the government functions to attack political opponents.

https://www.emptywheel.net/2023/11/09/donald-trumps-doj-shut-down-a-burisma-corruption-investigation-opened-while-joe-biden-was-vp/

Except it’s what we all thought already, Barr closing investigations into corruption as a political favor and then using that previous targets claims as basis for investigations of Trumps political rivals.

Oddly enough it’s Grassely throwing the flag?

It really is always projection, isn't it?

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Angry_Ed
Mar 30, 2010




Grimey Drawer

Murgos posted:

The weaponization committee seems to have maybe found a prime example of political influence being used to weaponize the government functions to attack political opponents.

https://www.emptywheel.net/2023/11/09/donald-trumps-doj-shut-down-a-burisma-corruption-investigation-opened-while-joe-biden-was-vp/

Except it’s what we all thought already, Barr closing investigations into corruption as a political favor and then using that previous targets claims as basis for investigations of Trumps political rivals.

Oddly enough it’s Grassely throwing the flag?

The Grand Ol' Projection happens again

zoux
Apr 28, 2006

Ynglaur posted:

It really is always projection, isn't it?

Even down to exact dollar amounts

killer_robot
Aug 26, 2006
Grimey Drawer

Deteriorata posted:

Trump can appear on 2024 primary ballot in Minnesota, state Supreme Court rules

Minnesota SC playing it safe and dodging the 14th Amendment question for the moment. I agree with their logic about the primary being an internal affair - the party is free to nominate whomever they want, eligible or not.

I hope they refile if Trump wins the nomination to keep him off the November ballot, but time will be short at that point.

If Trump is in any position to win MN, it's a lost cause anyways.

CPColin
Sep 9, 2003

Big ol' smile.

Captain_Maclaine posted:

Marvy. Fab. Far out.

:hmmyes:

Builds character

Sarcastro
Dec 28, 2000
Elite member of the Grammar Nazi Squad that

Jesus Christ, I keep saying that every accusation is a confession and even this manages to still surprise me with its boldness.

BiggerBoat
Sep 26, 2007

Don't you tell me my business again.
Serious question here and something I've heard kicked around in RWM circles but:

Isn't it the bank's responsibility to appraise and inspect poo poo when you're going for a loan?

I'm just a regular peon who's never run for president or been rich but even when I borrowed $60,000 against my home, the lender sent their own appraiser and inspectors out and made ME prove my property taxes, steady income, insurance, my debts and just about everything else short of a blood and hair sample along with my first born child as collateral to secure the loving thing and it was a months long hassle that I never want to experience again.

Is it as simple as "when you're rich you just get to value your assets at whatever amount you want" and the bank says "OK"? I don't get to tell the state what my home is worth when my property tax bill comes or the insurance company looks at it. And I sure as poo poo wasn't able to tell the mortgage company that my house was worth $900,000 either. They didn't take my work for it that the roof was sound.

Seems to me that an argument can be made that Trump's lenders didn't do their due diligence but I don't pretend to know how this poo poo works either, especially for rich and powerful people.

alf_pogs
Feb 15, 2012


BiggerBoat posted:

I'm just a regular peon who's never run for president or been rich

things are going to go differently for you than someone who has or is

Kchama
Jul 25, 2007

BiggerBoat posted:

Serious question here and something I've heard kicked around in RWM circles but:

Isn't it the bank's responsibility to appraise and inspect poo poo when you're going for a loan?

I'm just a regular peon who's never run for president or been rich but even when I borrowed $60,000 against my home, the lender sent their own appraiser and inspectors out and made ME prove my property taxes, steady income, insurance, my debts and just about everything else short of a blood and hair sample along with my first born child as collateral to secure the loving thing and it was a months long hassle that I never want to experience again.

Is it as simple as "when you're rich you just get to value your assets at whatever amount you want" and the bank says "OK"? I don't get to tell the state what my home is worth when my property tax bill comes or the insurance company looks at it. And I sure as poo poo wasn't able to tell the mortgage company that my house was worth $900,000 either. They didn't take my work for it that the roof was sound.

Seems to me that an argument can be made that Trump's lenders didn't do their due diligence but I don't pretend to know how this poo poo works either, especially for rich and powerful people.

Donald Trump gave fake documents to the bank's appraiser and had the money to make them convincingly fake. That's why it was fraud.

Murgos
Oct 21, 2010

BiggerBoat posted:


Seems to me that an argument can be made that Trump's lenders didn't do their due diligence but I don't pretend to know how this poo poo works either, especially for rich and powerful people.

The whole reason this trial is happening is because Trump was required to be honest. That’s the basic fact of the case, so no there no arguments to be made that the lenders didn’t do their due diligence.

Theoretically corporate executives can go to prison for lying on their statements whereas if you get a home loan you aren’t really eligible for because you lied convincingly on the paperwork that’s on the bank.

Banks can require a full audit but think about a multibillion dollar multinational corporation’s actual assets and what checking them completely really means. That’s like a hundred million dollars just in labor and requires access to not only your books but your suppliers too.

The worthless disclaimer Trump keeps trumpeting isn’t even his disclaimer, go read the court docs, it’s Mazars. What they are actually saying is “don’t blame us for garbage in garbage out, we’re just doing the math” they are relying on Trumps statements for their calculations which it says right after the disclaimer. Statements that the law requires be not straight fraud.

“The banks needed to do their due diligence” isn’t what the law is here regardless of what the right wing media is looking you in the eye and saying to your face.

Bel Shazar
Sep 14, 2012

BiggerBoat posted:

Serious question here and something I've heard kicked around in RWM circles but:

Isn't it the bank's responsibility to appraise and inspect poo poo when you're going for a loan?

I'm just a regular peon who's never run for president or been rich but even when I borrowed $60,000 against my home, the lender sent their own appraiser and inspectors out and made ME prove my property taxes, steady income, insurance, my debts and just about everything else short of a blood and hair sample along with my first born child as collateral to secure the loving thing and it was a months long hassle that I never want to experience again.

Is it as simple as "when you're rich you just get to value your assets at whatever amount you want" and the bank says "OK"? I don't get to tell the state what my home is worth when my property tax bill comes or the insurance company looks at it. And I sure as poo poo wasn't able to tell the mortgage company that my house was worth $900,000 either. They didn't take my work for it that the roof was sound.

Seems to me that an argument can be made that Trump's lenders didn't do their due diligence but I don't pretend to know how this poo poo works either, especially for rich and powerful people.

Rules and policies are how rich people keep most everyone else not rich. When you're an insider in the racket the numbers don't really mean anything.

Deteriorata
Feb 6, 2005

BiggerBoat posted:

Serious question here and something I've heard kicked around in RWM circles but:

Isn't it the bank's responsibility to appraise and inspect poo poo when you're going for a loan?

I'm just a regular peon who's never run for president or been rich but even when I borrowed $60,000 against my home, the lender sent their own appraiser and inspectors out and made ME prove my property taxes, steady income, insurance, my debts and just about everything else short of a blood and hair sample along with my first born child as collateral to secure the loving thing and it was a months long hassle that I never want to experience again.

Is it as simple as "when you're rich you just get to value your assets at whatever amount you want" and the bank says "OK"? I don't get to tell the state what my home is worth when my property tax bill comes or the insurance company looks at it. And I sure as poo poo wasn't able to tell the mortgage company that my house was worth $900,000 either. They didn't take my work for it that the roof was sound.

Seems to me that an argument can be made that Trump's lenders didn't do their due diligence but I don't pretend to know how this poo poo works either, especially for rich and powerful people.

The banks don't have access to all the inner secrets of the company they're lending money to. They depend on the company giving them an honest appraisal of its value, so the bank can then make their own decisions about giving the loan and at what interest rate.

Misrepresenting the value of your company to is fraud. Cut and dried.

C. Everett Koop
Aug 18, 2008
Remember the old saying "If you owe $10,000 to the bank it's your problem, if you owe $100,000,000 to the bank it's their problem."

SpelledBackwards
Jan 7, 2001

I found this image on the Internet, perhaps you've heard of it? It's been around for a while I hear.

BiggerBoat posted:

Seems to me that an argument can be made that Trump's lenders didn't do their due diligence but I don't pretend to know how this poo poo works either, especially for rich and powerful people.

Grab 'em by the purse strings. When you're a celebrity they let you do it.

cr0y
Mar 24, 2005



I'm looking forward to Trump getting the idea that he can throw his lawyers under the bus only to sign whatever paperwork is required for this and blowing his own attorney client privilege



https://www.salon.com/2023/11/09/puts-in-a-box-experts-say-chutkan-just-forced-to-put-up-or-shut-up-on-defense/

Paracaidas
Sep 24, 2016
Consistently Tedious!

BiggerBoat posted:

Seems to me that an argument can be made that Trump's lenders didn't do their due diligence but I don't pretend to know how this poo poo works either, especially for rich and powerful people.
Lots of arguments can be made. They just may not have value.

This entire line has been (correctly! Repeatedly!) rejected by the courts. As ever, one can quickly and easily learn far more about the case by reading the primary documents than by listening to long-debunked horseshit on RWM.

quote:

Defendants repeat the erroneous argument that the complaint must be dismissed because OAG cannot demonstrate the requirements of a parens patriae action, which is one inthe public interest. Parens patriae is a common-law standing doctrine that permits the state to commence an action to protect a public interest, like the safety, health or welfare of its citizens." People v Grasso, 11NY3d 64, 72 at n 4 (2008 ). Invocation of such doctrine, or its requirements, is not necessary where, as here, the New York legislature has specifically empowered the Attorney General to bring such an action pursuant to Executive Law 63( 12) . People v Credit Suisse Sec. (USA) LLC, 31NY3d 622 , 633 (2018) ( itis undisputed that Executive Law 63( 12) gives the Attorney General standing to redress liabilities recognized elsewhere in the law, expanding the scope ofavailable remedies People v Trump Entrepreneur Initiative LLC, 137 AD3d 409, 417( 1st Dept2016) ( [E ] ven apart from prevailing authority, the language ofthe statute itself appears to authorize a cause ofaction; like similar statutes that authorize causes ofaction, §63( 12) defines the fraudulent conduct that it prohibits, authorizes the Attorney General to commence an action or proceeding to foreclose that conduct, and specifies the relief, including equitable relief, that the Attorney General may seek ) . In any event, even if compliance with the requirements of the parens patriae doctrine is necessary, which it is not, OAG has easily satisfied those requirements, as it is well-settled that "in varying contexts, courts have held that a state has a quasi-sovereign interest in protecting the integrity of the marketplace."
The bolded bit is crucial.

The only place "how badly were banks harmed" comes up is disgorgment and that's from the opposite direction: How much did the Trumps fraudulently benefit from their lies? Obviously, there's no moral calculation that because the Trump benefit was $185m but would have only been $105m if the banks had done more, Trump keeps the extra $80m.

In fact, from a case Trump repeatedly cited for reasons that escape me:

quote:

Where, as here, thereis a claim based on fraudulent activity, disgorgement may be availableas an equitable remedy, notwithstanding the absence of loss to individuals or independent claims for restitution. Disgorgement is distinct from the remedy of restitution because it focuses on the gain to the wrongdoer as opposed to the loss to the victim. Thus, disgorgement aims to deter wrongdoing by preventing the wrongdoer from retaining ill gotten gains from fraudulent conduct. Accordingly, the remedy of disgorgement does not require a showing or allegation of direct losses to consumers or the public; the source of the ill-gotten gains is immaterial

Nitrousoxide
May 30, 2011

do not buy a oneplus phone



cr0y posted:

I'm looking forward to Trump getting the idea that he can throw his lawyers under the bus only to sign whatever paperwork is required for this and blowing his own attorney client privilege



https://www.salon.com/2023/11/09/puts-in-a-box-experts-say-chutkan-just-forced-to-put-up-or-shut-up-on-defense/

Yeah, it would be pretty funny if he starts alleging that his attorney(s) helped with the fraud and gets their stuff discoverable under the crime-fraud exception.

cr0y
Mar 24, 2005



Nitrousoxide posted:

Yeah, it would be pretty funny if he starts alleging that his attorney(s) helped with the fraud and gets their stuff discoverable under the crime-fraud exception.

Maybe season 2(3? 4?) Of MAGA (My attorneys got attorneys)

Zoeb
Oct 8, 2023

Dislike me? Don't spend $10 on a title. Donate to the Palestinian Red Crescent or Doctors Without Borders
https://www.palestinercs.org/en
https://www.doctorswithoutborders.org/
Every time we've seen Trump unscripted from debates to interviews to anything else, he Gish Gallops. I don't think he is capable of turning it off, even if there are legal consequences.

Foxfire_
Nov 8, 2010

BiggerBoat posted:

I'm just a regular peon who's never run for president or been rich but even when I borrowed $60,000 against my home, the lender sent their own appraiser and inspectors out and made ME prove my property taxes, steady income, insurance, my debts and just about everything else short of a blood and hair sample along with my first born child as collateral to secure the loving thing and it was a months long hassle that I never want to experience again.
If you lied to the bank about your house's value and they gave you a loan based on that without an appraisal, they would still have a fraud claim later.

They are more likely to check what you say for you vs Rich Person/Company because:
- The loan is a bigger fraction of your net worth. If Trump ends up with a $100m fraud judgement against him, the bank is fairly likely to get that money. If a person lies to get a $100k loan but only has house that's worth $50k, is deep in credit card debt, and unemployed, they probably don't have enough takeable stuff even if the bank gets a judgment
- Lawsuits are expensive. Even if a hypothetical fraud case is a quick slam dunk, legal costs are probably going to eat most/all of that $100k.

So the bank digs into things (especially if they can make the prospective lendee pay for it) beforehand for regular people, because they can't practically recover as much after the fact

Tempest_56
Mar 14, 2009

Foxfire_ posted:

They are more likely to check what you say for you vs Rich Person/Company because:
- The loan is a bigger fraction of your net worth. If Trump ends up with a $100m fraud judgement against him, the bank is fairly likely to get that money. If a person lies to get a $100k loan but only has house that's worth $50k, is deep in credit card debt, and unemployed, they probably don't have enough takeable stuff even if the bank gets a judgment
- Lawsuits are expensive. Even if a hypothetical fraud case is a quick slam dunk, legal costs are probably going to eat most/all of that $100k.

Related: Accounting is also expensive when you're dealing at that scale. You've only got a handful of assets. Trump's assets are scattered across a hundred nested corporate entities, probably thousands of bank accounts, and in multiple countries. Checking your work will take an intern maybe an hour, while checking Trump's would require a dedicated team for weeks or months (and even then they probably couldn't be certain.)

Since they're likely to get their money in case of a Trump default (since at minimum he holds a number of obvious real estate properties they could leverage against), the banks have no reason to spend time and money chasing down precise numbers when they've got good enough.

Ynglaur
Oct 9, 2013

The Malta Conference, anyone?
Basically, a bank's incompetence does not permit the lendee to commit fraud. Walking naked on 5th Avenue does not give license for sexual assault.

Jarvisi
Apr 17, 2001

Green is still best.

cr0y posted:

I'm looking forward to Trump getting the idea that he can throw his lawyers under the bus only to sign whatever paperwork is required for this and blowing his own attorney client privilege



https://www.salon.com/2023/11/09/puts-in-a-box-experts-say-chutkan-just-forced-to-put-up-or-shut-up-on-defense/

So what stops him from just continuing to claim this while not actually using it in court

Murgos
Oct 21, 2010

Ynglaur posted:

Basically, a bank's incompetence does not permit the lendee to commit fraud. Walking naked on 5th Avenue does not give license for sexual assault.

This is an excellent summation.

Just because I’m stupid doesn’t make it legal for you to defraud me. It just means I may not notice the fraud. But if the fraud is exposed then you still did the fraud and are liable for it.

That the loan manger may have also defrauded his employer, the bank, by not performing appropriate due diligence and charging the appropriate fees is a second fraud, that doesn’t excuse the first.

OgNar
Oct 26, 2002

They tapdance not, neither do they fart

Velocity Raptor
Jul 27, 2007

I MADE A PROMISE
I'LL DO ANYTHING

How'd they get that picture? I thought Trump wasn't there on Jan 6.

Devor
Nov 30, 2004
Lurking more.

I'm coming to clean up!

Back this mess!

Madkal
Feb 11, 2008

Fallen Rib
More like "I'm coming back to finish the job" amiright!

socialsecurity
Aug 30, 2003


Just saw they call it "re-truthed" how freaking sad is that

Woolie Wool
Jun 2, 2006


Nervous posted:

Verbing nouns is undeniably one of the greatest pleasures of the English language. It's like a linguistic playground where we can architect sentences that surprise and delight. But, of course, we wouldn't want the language to get too weirded out by all this verbing. After all, we must maintain some semblance of grammatical order, even as we playfully and creatively architect new linguistic forms.

Romance languages noun adjectives, why can't we verb nouns?

InsertPotPun
Apr 16, 2018

Pissy Bitch stan

BiggerBoat posted:

Serious question here and something I've heard kicked around in RWM circles but :yeeclaw:
the whole point of all these handshake agreements on accounting is so that they don't have to send a guy out to inspect the entire business.
the entire system is set up to be as lenient as possible, "gaap" is not law, it's suggestions. all of these documents have built in sway of hundreds of thousands of dollars. both sides have entire departments designed to nudge every law and rule. trump himself keeps screaming that the banks were willing to let him get away with it. everything was nice and calm and everyone was happy.
it's just like the documents case all over again: trump had thousands of opportunities and years to either "correct" his "mistake" or, at the very least, not be so god drat obvious about it. instead trump was off by millions and billions while waving his dick at investigators.
it's like going to a party and taking note that there's no sign saying you can't poo poo in the punchbowl. then later on getting really angry and confused as to why people are mad at you???

InsertPotPun
Apr 16, 2018

Pissy Bitch stan

SamuraiFoochs posted:

Seriously the fact that anyone even suggested that proves to me that people will be trying to come up with ways that It's All Going To Plan or Trump Will Be Fine (more out of cynicism and fear here tbh) until he's literally loving dead.
ok, i heard you. but i was also told that there was no way to delay the destruction of trump co. that the ruling went into effect immediately and could. not. be. stopped.

so...you know...maybe lighten the gently caress up on the "ho ho ho you adorable doomers" talk

Nervous
Jan 25, 2005

Why, hello, my little slice of pecan pie.

InsertPotPun posted:

it's like going to a party and taking note that there's no sign saying you can't poo poo in the punchbowl. then later on getting really angry and confused as to why people are mad at you???

This is just a matter of scale. If it's just one party, it's a problem. If it's the entire planet, it's a hoax.

Foxfire_
Nov 8, 2010

Follow up bank diligence analogy:

Suppose you're selling your car.

If you're selling it to some random dude from Craigslist, you probably wont accept an ordinary check as payment because if it bounces after you've signed over the title and given them the car, you're going to have a problem.

If you're selling it to Carmax, you probably will take an ordinary check. It's unlikely it's going to bounce, and they aren't going to suddenly vanish in the night.

It's fraud/theft either way for the buyer to not pay you, but the amount of effort you put into checking the payment is different.

Lammasu
May 8, 2019

lawful Good Monster

Foxfire_ posted:

Follow up bank diligence analogy:

Suppose you're selling your car.

If you're selling it to some random dude from Craigslist, you probably wont accept an ordinary check as payment because if it bounces after you've signed over the title and given them the car, you're going to have a problem.

If you're selling it to Carmax, you probably will take an ordinary check. It's unlikely it's going to bounce, and they aren't going to suddenly vanish in the night.

It's fraud/theft either way for the buyer to not pay you, but the amount of effort you put into checking the payment is different.
Remember when Santos wrote a bad check to the Amish?

Agents are GO!
Dec 29, 2004

Lammasu posted:

Remember when Santos wrote a bad check to the Amish?

Without looking into it, I have no idea whether this is true or a joke.

Or both

Oracle
Oct 9, 2004

Agents are GO! posted:

Without looking into it, I have no idea whether this is true or a joke.

Or both

What does your heart tell you.

Agents are GO!
Dec 29, 2004

To drink 4loko and listen to Limp Bizkit in the Taco Bell parking lot.

bird food bathtub
Aug 9, 2003

College Slice

Agents are GO! posted:

Without looking into it, I have no idea whether this is true or a joke.

Or both

Oh it's so much weirder than you imagine.

The check was for puppies.

And he wrote like 10 of them the same day to different people for a lot of puppies.

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dr_rat
Jun 4, 2001
was... was he making a coat?

:ohdear:

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