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If this were like, just some random rich guy and his dipshit attorney, she would be in deeper waters than this. Like that is some bar-referral type stuff. Kaplan is going to let almost anything happen because he kinda has to. Edit: if she knows better and is play-acting, that's much worse and Kaplan needs to sort that out ASAP
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Jan 18, 2024 01:33
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mdemone posted:If this were like, just some random rich guy and his dipshit attorney, she would be in deeper waters than this. Like that is some bar-referral type stuff. She's already almost certainly going to be disbarred for that other thing she did, -convince a trump employee who was suing trump to make the her, the employees lawyer then totally screw her over- so it's not like the bar can do much more at this point.
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Jan 18, 2024 01:40
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dr_rat posted:She's already almost certainly going to be disbarred for that other thing she did, -convince a trump employee who was suing trump to make the her, the employees lawyer then totally screw her over- so it's not like the bar can do much more at this point. Wait, what?
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Jan 18, 2024 01:47
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Judge Schnoopy posted:What the gently caress are they even going over in that trial? He was convicted of doing the thing, convicted of liable, walked outside and on tape said the exact same illegal thing. He's already been found to have sexually assaulted her and lied about it, so this is basically just about the damages that Trump owes. Habba is trying to limit the damages by arguing that the harassment isn't (entirely) Donald's fault and actually the hate that Carroll got wasn't as bad as she's saying. If Carroll got threats and hate before Donald actually spoke out (because Donald's fans leapt to attack a critic unprompted) then the implication is that at least some of the hate isn't Donald's fault. I mean that's BS but that's the argument. Similarly, they're arguing that Carroll's statements about getting a lot of support and not being scared means that she's overstating how bad things were. I mean obviously supportive messages don't cancel out threats and hate, and as Carroll explained, a lot of the "no I'm not scared" stuff was to keep friends from worrying about her. Cimber posted:Wait, what? A waitress at Trump Bedminster complained about getting sexually harassed by her boss (not Trump, a 50-something manager-creep), including being coerced into sex for job security. Alina Habba approached her, pretending to be neutral and sympathetic, convinced her to fire her lawyer, and then helped her "negotiate" an incredibly lovely NDA for a tiny amount of money. This is obviously wildly unethical (because she's claiming to be neutral when she's trying to help Trump) and plausibly could cost her her law license. Jackson Taus fucked around with this message at 02:03 on Jan 18, 2024 |
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Jan 18, 2024 01:56
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Cimber posted:Wait, what? I'll let legal eagle explain it https://www.youtube.com/watch?v=9KvoIDkEsiw
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Jan 18, 2024 01:57
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Cimber posted:Wait, what? An employee at Mar-a-lago or some other club was being sexually harassed, got a lawyer, then Habba pretended to be just a random guest and promised to "help" her. Habba then got her to fire the real lawyer and "negotiated" a lovely settlement, lied about it being tax-free, and then disappeared. https://www.youtube.com/watch?v=9KvoIDkEsiw E: oh gently caress nm
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Jan 18, 2024 01:58
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A video so good it's worth being posted twice!
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Jan 18, 2024 02:14
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 scene from the court
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Jan 18, 2024 02:29
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https://twitter.com/Acyn/status/1747747405003391302 https://i.imgur.com/YjzYzaK.mp4
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Jan 18, 2024 02:34
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Judge Schnoopy posted:What the gently caress are they even going over in that trial? He was convicted of doing the thing, convicted of liable, walked outside and on tape said the exact same illegal thing. My guess (from the hash Habba is making of it) that she is trying to mitigate the judgement by proving that the Plaintiff was not really impacted by TRump's utterances (part Deux). As this thread's actual lawyers have previously demonstrated here: there are ways to build and execute that, but Habba is apparently unaware of them.
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Jan 18, 2024 02:54
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cr0y posted:Omg I don't know if it applies in this case, but evidence can be deemed likely to have biasing impact that outweighs its proper value as evidence, and be excluded for that reason https://law.indiana.edu/instruction/tanford/b723/05prej/T05.pdf
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Jan 18, 2024 03:01
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mllaneza posted:A video so good it's worth being posted twice! I consider legal eagle generally quite restrained (as you would expect) so was quite surprised he was so adamant that she was pretty hosed by poaching another lawyers client.
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Jan 18, 2024 03:48
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The Artificial Kid posted:I don't know if it applies in this case, but evidence can be deemed likely to have biasing impact that outweighs its proper value as evidence, and be excluded for that reason https://law.indiana.edu/instruction/tanford/b723/05prej/T05.pdf You have to actually do some real leg work for that, and "Here's what the defendant said/incited others to say" is one hell of a slog to get there.
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Jan 18, 2024 04:11
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The Artificial Kid posted:I don't know if it applies in this case, but evidence can be deemed likely to have biasing impact that outweighs its proper value as evidence, and be excluded for that reason https://law.indiana.edu/instruction/tanford/b723/05prej/T05.pdf quote:Determining “prejudicial effect” of the evidence is also at the discretion of the judge. In general, it means; 
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Jan 18, 2024 04:23
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I mean, it's from a law school class that's fully online. Gotta keep the students engaged somehow while they're watching videos of a lecture in their dorm rooms or whatever.
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Jan 18, 2024 04:35
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PainterofCrap posted:As this thread's actual lawyers have previously demonstrated here: there are ways to build and execute that, but Habba is apparently unaware of them. From everything I've read, seen, and heard about Alina "I'd rather be pretty than smart" Habba, I don't think she actually knows her job all that well.
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Jan 18, 2024 05:39
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StumblyWumbly posted:I think she wanted to prove Carroll was a liar because she said Montana was "Great" and "Not Boring". Both highly questionable statements. I must take a stand on this post, I'm afraid. I had a partner I was pretty serious about who lives in MT (I'm still good friends with her and her family although it didn't work out between us in the end) and Montana is indeed 'Great'. I guess whether it's boring depends on where you are in the state and what kinda stuff you find fun though, fair enough on that - for me, Bozeman was about the perfect size of town. Granted it's not as good as it used to be because like three absolutely banger stores closed in the last few years  Also Habba is both a piece of poo poo and incompetent even by the standards of Trump's law team. Like I think the only other person as bad as Rudy, and at least Rudy USED to be a hotshot who knew what he was doing even if it was like 40 years ago now.
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Jan 18, 2024 06:18
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PainterofCrap posted:My guess (from the hash Habba is making of it) that she is trying to mitigate the judgement by proving that the Plaintiff was not really impacted by TRump's utterances (part Deux). You're pretty much right. The main difference is that this lawsuit comes from Hus time as president (so it is actually from acts before the ones he already lost on). This one took longer to get to court because of legal questions about whether or not saying something as president made you immune to being sued when you left office. She is likely to sue him a 3rd time if he keeps this up, since winning a second lawsuit will make subsequent defamation easier and easier to prove.
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Jan 18, 2024 06:46
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It is considerate of him to streamline the next trial by getting his defamation recorded into the court transcripts this time around.
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Jan 18, 2024 08:14
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Caros posted:You're pretty much right. Is their a cap for how high punitive damages can be for defamation in federal court? Could the jury find that he is guilty hit him with another 2-3 million but than grant some ludicrous large punitive damages so he stops or is there some kind of cap and he will just defame her over and over again till he dies because it’s just a fine to him?
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Jan 18, 2024 08:39
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So what are people's expectations for today in court? Will Habba outright insult the judge to his face? Will she try to just beat the crap out of the prosecution? Will she begin shrieking like a howler monkey and throwing her feces all around the court? Will she actually act like a professional law... I'm sorry, that last one was just too ridiculous for me to actually finish, it's just too outlandish a prospect.
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Jan 18, 2024 13:15
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Habba's performance is unbelievably bad. It's like watching a first year's trial. She doesn't know how to introduce documents? How to object? During direct she just states that she's going to cross-examine the witness on a topic and the Judge tells her he "doesn't need updates". I don't even understand the logic there, was that an objection? You can see where she's trying to go with her cross, but she's so inept that it doesn't land. To a juror though it could look like the Judge is just being mean to her, but usually jurors can read between the lines. I know a few people who went to law school with her and apparently her performance isn't surprising to them. She was never considered a very good law student, and hasn't changed since becoming a lawyer. She's just a shameless self-promoter.
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Jan 18, 2024 14:12
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Trump's whole strategy at this point across all his legal challenges is just to scream and yell and attempt to discredit the process and the rule of law generally.Duey posted:Habba's performance is unbelievably bad. . . . Trump has a legal team, they've chosen her to be the front for a reason. It might just be a case of her natural lack of skill lining up with what the team wants to present ("this whole process is bullshit, man"). Trump's not trying to change the minds of anyone in the actual courtroom. He just wants a lot of soundbites of the judge yelling at him so he can play the clips at rallies and in TV commercials. Habba's generating those clips. He doesn't plan on ever actually paying any judgments regardless of the outcome. Hieronymous Alloy fucked around with this message at 14:44 on Jan 18, 2024 |
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Jan 18, 2024 14:41
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Captain_Maclaine posted:From everything I've read, seen, and heard about Alina "I'd rather be pretty than smart" Habba, I don't think she actually knows her job all that well. Duey posted:Habba's performance is unbelievably bad. It's like watching a first year's trial. She doesn't know how to introduce documents? How to object? During direct she just states that she's going to cross-examine the witness on a topic and the Judge tells her he "doesn't need updates". I don't even understand the logic there, was that an objection? You can see where she's trying to go with her cross, but she's so inept that it doesn't land. To a juror though it could look like the Judge is just being mean to her, but usually jurors can read between the lines. It's funny/weird, because I've seen a couple of excerpts from the trial that have actually included her being surprisingly competent/astute-seeming with a few of her questions, but these have been vastly outnumbered by the type of things being posted here, where she doesn't know how to present documents for authentication by a witness, doesn't know which objection to state or how to state her basis for it, actually snaps back at the judge (although at least that part's probably performative for her client and his hungry mob). She does seem to not be 100% incompetent, only 98% or so, so it makes those moments of competency all the more striking when they happen.
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Jan 18, 2024 15:02
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Scapegoat posted:I consider legal eagle generally quite restrained (as you would expect) so was quite surprised he was so adamant that she was pretty hosed by poaching another lawyers client. Legal Eagle is pretty much my only source of legal analysis that I trust these days. I refuse to listen to Opening Arguments now.
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Jan 18, 2024 15:13
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Vire posted:Is their a cap for how high punitive damages can be for defamation in federal court? Could the jury find that he is guilty hit him with another 2-3 million but than grant some ludicrous large punitive damages so he stops or is there some kind of cap and he will just defame her over and over again till he dies because it’s just a fine to him? Generally, appeals courts will cut down punitive awards if they're beyond some multiplier of the actual damages. Like if the jury said $2M damages and $200M punitive, that would probably get cut down to like $15-20M or something. It has something to do with constitutional takings or process or something, I'm not a lawyer. But holy poo poo if there was ever a case for unlimited punitive damages, the fact that Trump just keeps defaming her has gotta be it.
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Jan 18, 2024 15:30
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Is there a cap on damages? Because I'd argue just add another zero onto the end of the damages to cover the span from "The date of the original incident" to "the last time Trump opened his mouth".
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Jan 18, 2024 15:36
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One would assume that the same jurisdiction that awarded EJC $5mn in September would presumably take into account ongoing behaviour when dealing with this case focusing on the original sin, so to speak. Obviously individual jurors in said jurisdiction vary but I'm gonna assume you've got to try hard to find an NYCer who actually likes Trump enough to vouch for him in a room full of people who think he sucks.
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Jan 18, 2024 15:42
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Tesseraction posted:One would assume that the same jurisdiction that awarded EJC $5mn in September would presumably take into account ongoing behaviour when dealing with this case focusing on the original sin, so to speak. Habba tried to get the judge to cap the damages for this trial at $5m but he wouldn’t.
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Jan 18, 2024 16:05
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Hieronymous Alloy posted:He just wants a lot of soundbites of the judge yelling at him so he can play the clips at rallies and in TV commercials. Habba's generating those clips. He doesn't plan on ever actually paying any judgments regardless of the outcome. I agree that this is the task that Habba has been more or less set towards as a metalegal strategy, but Habba is so surprisingly bad at even that that most of what's being generated is greater sympathy to the judge for slapping down trump's legal representation while trump's just sitting there hunched over peeping at everything
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Jan 18, 2024 16:05
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Hieronymous Alloy posted:Habba's generating those clips. He doesn't plan on ever actually paying any judgments regardless of the outcome. Probably doesn't plan on paying Habba either. We're watching a legal equivalent of an artist do work free "for the exposure."
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Jan 18, 2024 16:08
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Ms Adequate posted:My spicy answer: nowhere - America is already the British Byzantium. Never had I thought there was a way to summarize so succinctly European resentment of America.
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Jan 18, 2024 16:13
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From Inner City Press's coveragequote:Habba: I can't ask abou them? With all due respect- quote:Habba: Your Substack was popular as soon as you started it in 2021? Judge Kaplan just taking no poo poo from Habba today.
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Jan 18, 2024 16:21
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Trump is literally defaming Carroll again today. Damages here have to be a high multiple of the last one since that previous judgement wasn't a deterrent at all.
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Jan 18, 2024 16:59
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Has he even paid anything to anyone yet?
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Jan 18, 2024 17:03
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Make these PPV events and pay off the national debt
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Jan 18, 2024 17:19
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Scratch Monkey posted:Has he even paid anything to anyone yet? I believe that, in order to appeal, NY statute requires the Defendant to pay a significant portion of the original judgement, if not all of it, into escrow.
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Jan 18, 2024 17:27
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PainterofCrap posted:I believe that, in order to appeal, NY statute requires the Defendant to pay a significant portion of the original judgement, if not all of it, into escrow. https://www.cnn.com/2023/06/23/politics/trump-e-jean-carroll-5-5-million/index.html 111% apparently, so 5.5m so far from last time
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Jan 18, 2024 17:33
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habba is just holding up trump tweets and parading them around like a ring girl.
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Jan 18, 2024 17:36
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Scratch Monkey posted:Has he even paid anything to anyone yet? I don't think he's had any final judgments yet. He's paid some fines for contempt, but everything else is appealable so he hasn't been actually forced to pay anything to anyone yet.
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