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Tiny Timbs
Sep 6, 2008

Charliegrs posted:

He'll surely face consequences this time!

I keep thinking about this: https://www.cbsnews.com/amp/news/judge-throws-drunk-drivers-mom-in-jail-for-laughing-at-victims-family-in-court/

Yes I know she only served a fraction of that time.

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Judge Schnoopy
Nov 2, 2005

dont even TRY it, pal

Charliegrs posted:

He'll surely face consequences this time!

Nope. The gag order was for court staff. His wife is presumably not employed by the court. No violation.

Caros
May 14, 2008

Judge Schnoopy posted:

Nope. The gag order was for court staff. His wife is presumably not employed by the court. No violation.

If you read the post, he also attacked the clerk. Again.

Paracaidas
Sep 24, 2016
Consistently Tedious!

The Bible posted:

You'll know when they lift it again so they don't have to punish him for violating it. Again.
When was the first time they lifted it to avoid punishing him?

As has been noted, the gag order covers court staff, not Engoron or his family. It has not been violated.

Caros posted:

If you read the post, he also attacked the clerk. Again.
You have misread the Guardian story. He attacked the clerk on Wednesday, while the stay was still in effect. From the story:

quote:

Trump on Wednesday attacked Dawn Engoron, the wife of the judge, Arthur Engoron, and the judge’s clerk, on his social media platform Truth Social.

He called Dawn Engoron a “Trump hating wife” and said that she and Arthur Engoron’s law clerk had “taken over control of the New York State Witch Hunt Trial aimed at me, my family, and the Republican Party”.

On Thursday, the gag order against him, which had been paused two weeks ago, was reinstated, but it did not stop Trump lashing out further

Oracle
Oct 9, 2004

zimbomonkey posted:

As always, trump has the worst loving attorneys.

Yeah everyone knows you get a 4.0 for the semester.

Asproigerosis
Mar 13, 2013

insufferable

OgNar posted:

But most importantly, its not even his wifes account, she says she doesnt have a Twitter.
Dumb Donald.

https://twitter.com/KlasfeldReports/status/1730311674194722985

Looks like he may have gotten his idea from Loomer.
Would be great if her stupidity caused him to get fined.



No ironicat expanding gif big enough considering the whole ginny Thomas... everything

Comstar
Apr 20, 2007

Are you happy now?
I feel like Trump going off after the Judges wife is like that crazy guy ranting at the judge that someone made a Rick and Morty of.

https://www.youtube.com/watch?v=7vN_PEmeKb0


Next time it will be his nieces and nephews and aunties and grand kids.

Comstar fucked around with this message at 13:34 on Dec 1, 2023

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

Comstar posted:

I feel like Trump going off after the Judges wife is like that crazy guy ranting at the judge that someone made a Rick and Morty of.

https://www.youtube.com/watch?v=7vN_PEmeKb0


Next time it will be his nieces and nephews.

Which tells you what would be happening if literally anyone other than Trump tried this poo poo.

Staluigi
Jun 22, 2021

"but it did not stop Trump lashing out further" huh what a surprise, better just keep letting him do it for months

SirFozzie
Mar 28, 2004
Goombatta!
Trump can (continue) to be sued for inciting January 6th riots, dismissing claim of absolute presidential immunity.

https://storage.courtlistener.com/recap/gov.uscourts.cadc.38510/gov.uscourts.cadc.38510.2029465.0.pdf

Devor
Nov 30, 2004
Lurking more.

SirFozzie posted:

Trump can (continue) to be sued for inciting January 6th riots, dismissing claim of absolute presidential immunity.

https://storage.courtlistener.com/recap/gov.uscourts.cadc.38510/gov.uscourts.cadc.38510.2029465.0.pdf

FYI, this is the Federal Appeals court denying Trump's appeal in a per curiam order

So basically the equivalent of, "lol no" (but everyone knows you're gonna appeal this to SCOTUS)

Murgos
Oct 21, 2010

Devor posted:

FYI, this is the Federal Appeals court denying Trump's appeal in a per curiam order

So basically the equivalent of, "lol no" (but everyone knows you're gonna appeal this to SCOTUS)

This SCOTUS has already ruled that Trump can be sued for doing things when he was president that weren't part of his duties.

quote:

A three-judge panel affirmed unanimously that Trump’s post-election efforts to subvert the 2020 election results were done in his capacity as a presidential candidate — not a president.

“When a first-term President opts to seek a second term, his campaign to win re-election is not an official presidential act,” Chief Judge Sri Srinivasan of the U.S. Court of Appeals for the District of Columbia wrote in an opinion.

To change this SCOTUS would have to find as fact (something they shouldn't be doing) that Trump was acting in his capacity as president when he exhorted a mob to 'fight like hell or you're not going to have a country any more.'

Interestingly, for as lovely a person as Dershowitz has become, he did put his finger right on this point when he spoke at Trumps impeachment. He came down on the lovely side of it but he did identify it as a key consideration. That is he tried to argue the circular point that when you're president, running for president is one of your duties because your duty is to serve the country and obviously you think you being president is what's best for the country.

edit: Katsas whose a Trumpy hard right loon concurred even so, I doubt SCOTUS picks this up.

Murgos fucked around with this message at 19:50 on Dec 1, 2023

SirFozzie
Mar 28, 2004
Goombatta!
The full decision is here:

https://www.cadc.uscourts.gov/internet/opinions.nsf/A3464AEB2C1CB89985258A7800537E73/$file/22-5069-2029472.pdf

mdemone
Mar 14, 2001

Engoron is going to blow his loving stack. If it were me, I would have already issued an order for a hearing to show cause why I shouldn't gently caress them all up.

Agents are GO!
Dec 29, 2004

"Show cause why I should not bang my gavel all up and down your dick"

Murgos
Oct 21, 2010
My assumption is Engoron is just quietly noting down each and every thing he has to decide and will just not give any benefit of the doubt or merit to anything if he can at all determine an even marginal reason to avoid it.

Whatever item he can use to escalate damages he will, whatever multiplier he can use to scale them up he’ll throw on. James is asking for 250 million? Doesn’t Trump wish it will be that low.

As for the lawyers? I assume this farce with inserting comments into the record about the clerk and then using that as grounds for appeal is going to get them a bar hearing the minute the trial ends. He’s already sanctioned them once and they’ve given him and his staff plenty of reason to sit and dream up more the details to write up.

Levitate
Sep 30, 2005

randy newman voice

YOU'VE GOT A LAFRENIÈRE IN ME
the judge is biased because we threatened his wife sure is a tactic

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.
One issue with Engoron is that while I'm sure he's a competent judge, he is also, ah, a character. It's difficult to imagine him doing anything quietly.

Charlz Guybon
Nov 16, 2010
Federal judge says Trump does not have absolute immunity, denying bid to dismiss election subversion case

https://www.cnn.com/2023/12/01/politics/trump-presidential-immunity-election-subversion-case-chutkan

Retro42
Jun 27, 2011


Discendo Vox posted:

One issue with Engoron is that while I'm sure he's a competent judge, he is also, ah, a character. It's difficult to imagine him doing anything quietly.

At a certain point most (ie: not unqualified Trump appointee) judges are to an extent. While IANAL I know enough that I've heard "odd judge behavior" stories about almost every one they've practiced in front of.

There is an unfortunate disconnect between what we want to happen and what should happen. We WANT Trump to get slapped around by Engoron until he finally learns to shut up and listen to someone smarter than him. BUT, Engoron acting moderately calm and collected and VERY patient with Trumps antics buffers the case against the inevitable appeals it will have.

Lammasu
May 8, 2019

lawful Good Monster

Retro42 posted:

At a certain point most (ie: not unqualified Trump appointee) judges are to an extent. While IANAL I know enough that I've heard "odd judge behavior" stories about almost every one they've practiced in front of.

There is an unfortunate disconnect between what we want to happen and what should happen. We WANT Trump to get slapped around by Engoron until he finally learns to shut up and listen to someone smarter than him. BUT, Engoron acting moderately calm and collected and VERY patient with Trumps antics buffers the case against the inevitable appeals it will have.

Remember that judge that used a penis pump during court?

IUG
Jul 14, 2007


Lammasu posted:

Remember that judge that used a penis pump during court?

Ah yes, your divorce hearings.

Aztec Galactus
Sep 12, 2002

Discendo Vox posted:

One issue with Engoron is that while I'm sure he's a competent judge, he is also, ah, a character. It's difficult to imagine him doing anything quietly.

He's been pretty quiet while not charging Trump with contempt for some reason

DarkHorse
Dec 13, 2006

Vroom vroom, BEEP BEEP!
Nap Ghost

Aztec Galactus posted:

He's been pretty quiet while not charging Trump with contempt for some reason

He also let the defense present their dog and pony show about the Trump Organization even though it was completely irrelevant

I think they were hoping he'd shut them down so they could cry about being persecuted but Engoron just let them waste time.

bird food bathtub
Aug 9, 2003

College Slice
Waste of time is exactly what it is. They'll be on Fox screeching about him doing it anyway. They're fascists, lying is what they do.

Subjunctive
Sep 12, 2006

✨sparkle and shine✨

Yeah I don’t think it matters to the Trump base whether he was treated fairly under the law because obviously if he lost then he wasn’t. I think the soft touch is as much for the centrist-decorum audience to feel better about themselves and their judicial proxies so they don’t develop weaknesses via slivers of sympathy.

Paracaidas
Sep 24, 2016
Consistently Tedious!
It was explicitly and exclusively to reduce avenues for appeal, per the judge himself:
https://twitter.com/lawofruby/status/1724458980590624772

Typically the answer to "why is this happening in court?" is dreadfully mundane and thoroughly disconnected from whatever social ill one would like to attach it to.

Engoron's running a bench trial. He's clearly decided that the risk of allowing irrelevant evidence and testimony that somehow sways him is markedly lower than an appellate judge deciding he inappropriately excluded something.

Tough to disagree.

The Question IRL
Jun 8, 2013

Only two contestants left! Here is Doom's chance for revenge...

And now a preview of the upcoming Season Finale to the Trump trial.

Trumps Lawyer: So you see Appellant Judges, Judge Enregon allowed us to enter any defence and evidence we wanted at the hearing of the trial, no matter how irrelevant it was.
This proves that Judge Enregon had pre-determined his decision to find our client liable and thus by allowing us to present our case, prejudiced our clients right to a fair trial.
For this reason, you must set aside the verdict of the lower court.

Murgos
Oct 21, 2010
Trump still seems to be arguing something that doesn’t seem to matter.

The point is that he has different valuations for the same property depending on who he was talking to and that his valuations included things they were forbidden from using like potential improvements to properties that were unable to be improved.

That the person given a set of incorrect instructions derived a valuation doesn’t seem very useful to counter those basic facts and Engoron seems perfectly comfortable keeping that in mind.

So let them talk. It will be over in a couple of weeks.

DarkHorse
Dec 13, 2006

Vroom vroom, BEEP BEEP!
Nap Ghost

Subjunctive posted:

Yeah I don’t think it matters to the Trump base whether he was treated fairly under the law because obviously if he lost then he wasn’t. I think the soft touch is as much for the centrist-decorum audience to feel better about themselves and their judicial proxies so they don’t develop weaknesses via slivers of sympathy.

There's a lot of meta-strategy going on. Engoron believes in the judicial process and is doing things that will limit the chances his decisions get overturned. As he is the trier of fact he's willing to let the defense make pointless effort as he knows permitting it is irrelevant to his decision while denying it would give the defense a chance to appeal both in the courts and the court of public opinion that they've been wrongfully stymied.

Trump and his lawyers must know they've lost, so they've abandoned appealing to the justice system in sincerity and are instead appealing to their audience, specifically Trump and his followers. They're trying to get Engoron to make a misstep, trying to gin up sound bites to get right wing media and its consumers outraged, trying to plant the idea that Engoron and the courts are biased and unfair and persecuting Trump.

Each side is trying to cater to its intended audience while countering the moves of the other without also sabotaging their own strategy.

Paracaidas
Sep 24, 2016
Consistently Tedious!
Some procedural updates in NY regarding the gag order:

Lisa Rubin's Twitter feed posted:

NEW: I am at the First Department of the Appellate Division (aka NY’s first level of the appeals court), awaiting some form of hearing on whether Trump can further appeal the NY gag order before his trial ends. Stay tuned.
UPDATE: We are in the clerk’s office. All of the press is standing, as are the lawyers, who are literally arguing, as it were, before a clerk. The clerk has informed Team Trump that the proper way to seek permission to appeal is through a motion to a full panel, which isn’t what they did. 1/
The clerk explains that there is no way to have either the motion to appeal or the underlying petition heard before Monday—and even then, the underlying petition would not be ready for a hearing by 12/12 or 12/13. 2/
That’s entirely too late for Team Trump, which intends to put Trump on the stand on 12/11. Kise is visibly frustrated, if calm in tone, and keeps asking whether there is any way for them to get a decision or hearing before Monday. 3/
And the AG will not budge: They are not required to oppose the motion until 12/11 at 2 pm—and unless the motion is completely briefed by 10 am that morning, they can’t get a hearing that day.
We are now waiting to see 1) if a hearing can occur on 12/11 with the AG’s brief due by 2 pm; 2) whether a single judge will deny Team Trump’s application in writing. And so we all wait.
Trump's seeking an expedited appeal, noting that it usually would take weeks-to-months but that Trump's set to testify on 12/11 and the first amendment damage will have been done (and the order and appeal moot) if the court acts in even a hurried fashion by its standards.

I do actually agree with Trump's team on an underlying principle: Speech restrictions should not be permitted/allowed to evade scrutiny solely because the restrictions will soon be irrelevant - and allowing that dynamic gives vast, unwarranted, and inevitably abused power to the government. Of course, they're arguing about the inconvenience/unfairness specific to their client rather than the universally applicable principle which is one of the reasons I remain frustrated with both his band of inept legal dipshits and the very expansive orders sought by the government (and even Chutkan's narrowed order, particularly with the ambiguity of "targeting")... to Engoron's credit, his order is quite narrow and restrained and unlikely to serve as template or precedent for future abuse.

The Question IRL posted:

Trumps Lawyer: So you see Appellant Judges, Judge Enregon allowed us to enter any defence and evidence we wanted at the hearing of the trial, no matter how irrelevant it was.
This proves that Judge Enregon had pre-determined his decision to find our client liable and thus by allowing us to present our case, prejudiced our clients right to a fair trial.
For this reason, you must set aside the verdict of the lower court.
Not that I think you're making the point but for clarity's sake - Engoron isn't trying to make Trump's side feel satisfied or fairly treated. My understanding is that he's reducing/eliminating the opportunity for an even a biased judge to review the trial and say that, actually, Trump should have been allowed to present a given expert witness or piece of evidence and that being barred from doing so had a meaningful impact on the result. It is my (again, IANAL) understanding that, though likely insurmountable for Trump, this a much easier and more subjective threshold than that the judge wrongly decided the facts in evidence in making his decision.

ETA:
Barring something truly weird, he'll be bound by the gag on the stand.
https://twitter.com/KlasfeldReports/status/1731775196988584352
https://twitter.com/KlasfeldReports/status/1731777192613351657

Paracaidas fucked around with this message at 21:51 on Dec 4, 2023

Nitrousoxide
May 30, 2011

do not buy a oneplus phone



Seems to me like Trump's team of expensive lawyers should have done some loving legal research instead of trying to argue their case in front a clerk rather than making a proper motion.

Scratch Monkey
Oct 25, 2010

👰Proč bychom se netěšili🥰když nám Pán Bůh🙌🏻zdraví dá💪?

Nitrousoxide posted:

Seems to me like Trump's team of expensive lawyers should have done some loving legal research instead of trying to argue their case in front a clerk rather than making a proper motion.

I have a feeling it was more about arguing in front of the press than a clerk

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
Ooooooooooooohhh

That's why they've been fighting this gag order issue so hard

They *know* that if a gag order is in place when Trump is on the stand he will violate it as hard as he can because he has the self control of a galvanized frog

Ms Adequate
Oct 30, 2011

Baby even when I'm dead and gone
You will always be my only one, my only one
When the night is calling
No matter who I become
You will always be my only one, my only one, my only one
When the night is calling



Paracaidas posted:

Not that I think you're making the point but for clarity's sake - Engoron isn't trying to make Trump's side feel satisfied or fairly treated. My understanding is that he's reducing/eliminating the opportunity for an even a biased judge to review the trial and say that, actually, Trump should have been allowed to present a given expert witness or piece of evidence and that being barred from doing so had a meaningful impact on the result. It is my (again, IANAL) understanding that, though likely insurmountable for Trump, this a much easier and more subjective threshold than that the judge wrongly decided the facts in evidence in making his decision.[url]

I agree with all of this. The thing is, any evidence excluded from the trial could putatively have immensely consequential information in it because, by definition, the court did not consider it. In practice it's not so clear cut and the court excludes stuff precisely because they do know what it is, and it's bullshit. But Engoron allowing any old nonsense in is definitely the safer course, thanks to it being a bench trial (lol and lmao that Trump's team just forgot to tick the Jury Trial box). He knows what is actually impactful and can let the defense piss away their limited time on nonsense if it means that a subsequent appeal request can't say "We need an appeal because X, Y, Z pieces of exculpatory evidence were barred from consideration".

Plus I don’t think it'll sway any magas and Trump will lie anyway, but I do think it'd make things less convincing if the media was reporting a factual truth that evidence was excluded; regardless of the actual proceedings and procedures of law that's just not something the general public is going to feel totally comfortable with. And we need to be very careful about things that could sway the undecided in Trump's direction for the next year.

Murgos
Oct 21, 2010
Trump’s Bedminster resort has a new suit filed against it by a former employee who says she was sexually harassed there by a senior employee and it was covered up through fraudulent means when a lawyer, Elena Habba, pretended to be the victims friend and provided what looks like very conflicted and highly unethical advice to settle for a minuscule amount and sign an apparently illegal NDA.

A few weeks after the settlement was signed Habba was formally representing Trump.

We’ll see if it goes anywhere but the employee has picked up some major league representation. The same lawyer who successfully sued Roger Ailes for sexual harassment.

Nitrousoxide
May 30, 2011

do not buy a oneplus phone



I hope she filed a bar complaint too. Intentionally misrepresenting a client or hiding the fact you have a conflict is disbarment level poo poo.

Lammasu
May 8, 2019

lawful Good Monster

Hieronymous Alloy posted:

Ooooooooooooohhh

That's why they've been fighting this gag order issue so hard

They *know* that if a gag order is in place when Trump is on the stand he will violate it as hard as he can because he has the self control of a galvanized frog

Fighting for the right to slander a law clerk is the stupidest hill to die on.

Nervous
Jan 25, 2005

Why, hello, my little slice of pecan pie.
Trump Legal Troubles: The Stupidest Hill to Die On

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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

Lammasu posted:

Fighting for the right to slander a law clerk is the stupidest hill to die on.

It makes more sense when you think of it as trying to make sure your client with tourettes won't go to jail when he shouts "gently caress" in the courtroom

Because he gone testify and so he *gonna* testify

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