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mdemone
Mar 14, 2001

Murgos posted:


This could go badly for Habba.

Judge Kaplan will take a dim view but I don't think he's likely to sanction her. I would definitely sanction her but I'm also not a federal judge who may just want to be rid of her presence in his courtroom.

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C. Everett Koop
Aug 18, 2008

Murgos posted:

Remember when Habba filed a motion that the Carroll case should be dismissed because she claimed Lewis Kaplan mentored Roberta Kaplan when at a law firm at the same time 30 years ago?

Well, apparently Habba in her brief cited 'a partner' who recalled that fact and then also the NY Post published an article also citing an 'unnamed partner'.

Well, Roberta thinks that maybe this unnamed partner is a figment of Habba's imagination.
https://www.newsweek.com/alina-habba-used-fake-person-roberta-kaplan-accusations-1865351

I'm guessing Roberta probably talked to the Weiss partners and no one admitted to supplying the information. Which would be REALLY WEIRD for a very senior lawyer who knew his testimony was about to be used in a court proceeding and so was likely to come out.

This could go badly for Habba.

That last sentence could be used to describe just about anything Habba tried in the courtroom tbh.

Captain_Maclaine
Sep 30, 2001

Every moment that I'm alive, I pray for death!

C. Everett Koop posted:

That last sentence could be used to describe just about anything Habba tried in the courtroom tbh.

Or anywhere else, for that matter given what she got up to at Mar-a-lago.

DarkHorse
Dec 13, 2006

Vroom vroom, BEEP BEEP!
Nap Ghost
Gabba has been doing a whole lotta loving around and I'll be interested to see which bits get her found out

Scapegoat
Sep 18, 2004

C. Everett Koop posted:

That last sentence could be used to describe just about anything Habba tried in the courtroom tbh.

It's wild as a layman watching video's of lawyers go over her performance and how utterly terrible it was. I'm sure we've all been in situations at work where we had no clue what we were doing but generally we don't put ourselves in these positions nor have near 8 figures riding on it.

Dicty Bojangles
Apr 14, 2001

Scapegoat posted:

It's wild as a layman watching video's of lawyers go over her performance and how utterly terrible it was. I'm sure we've all been in situations at work where we had no clue what we were doing but generally we don't put ourselves in these positions nor have near 8 figures riding on it.

… put ourselves in these positions when we know there will be millions upon millions of people watching

duodenum
Sep 18, 2005

It's amusing when people think they're smart enough to fake being smart and get their rear end handed to them by actual smart people.

https://www.youtube.com/watch?v=xSx0u9fn0ak&t=75s
1:15

Staluigi
Jun 22, 2021

Scapegoat posted:

It's wild as a layman watching video's of lawyers go over her performance and how utterly terrible it was. I'm sure we've all been in situations at work where we had no clue what we were doing but generally we don't put ourselves in these positions nor have near 8 figures riding on it.

Lawyer friends said the alina habba transcripts were beyond being something to laugh at

They got stuck just reading it silently because they were having a lot of trouble even figuring out what she could have possibly intended or expected. Confusion wins out at that level of "what is she doing"

C. Everett Koop
Aug 18, 2008

Scapegoat posted:

It's wild as a layman watching video's of lawyers go over her performance and how utterly terrible it was. I'm sure we've all been in situations at work where we had no clue what we were doing but generally we don't put ourselves in these positions nor have near 8 figures riding on it.

Well it wasn't her money riding on it, since it's not like she was going to get paid either way.

Staluigi
Jun 22, 2021

C. Everett Koop posted:

Well it wasn't her money riding on it, since it's not like she was going to get paid either way.

i thought that habba's been paid millions in campaign cash so far

like i know her law firm managed to blow a million dollars on a frivolous lawsuit, but i thought she was still pretty in the black with trump as a client

Xenomrph
Dec 9, 2005

AvP Nerd/Fanboy/Shill



Staluigi posted:

i thought that habba's been paid millions in campaign cash so far

like i know her law firm managed to blow a million dollars on a frivolous lawsuit, but i thought she was still pretty in the black with trump as a client

Wait, isn’t “spending campaign money on non-campaign stuff” a crime, and the core of the Stormy Daniels hush-money case?

FizFashizzle
Mar 30, 2005







Xenomrph posted:

Wait, isn’t “spending campaign money on non-campaign stuff” a crime, and the core of the Stormy Daniels hush-money case?

Probably why Trump was so eager to get on the stand and just go off campaign speech style. Eventually he might have to make that argument.

I mean not why Trump specifically wanted to do that, but certainly there are lawyers who have foreseen that.

Xenomrph
Dec 9, 2005

AvP Nerd/Fanboy/Shill



FizFashizzle posted:

Probably why Trump was so eager to get on the stand and just go off campaign speech style. Eventually he might have to make that argument.

I mean not why Trump specifically wanted to do that, but certainly there are lawyers who have foreseen that.

So you’re saying the One Weird Trick to get around campaign finance law is to make off-topic campaign-adjacent testimony in a case ostensibly not about political campaigns?

Gyges
Aug 4, 2004

NOW NO ONE
RECOGNIZE HULK

Xenomrph posted:

Wait, isn’t “spending campaign money on non-campaign stuff” a crime, and the core of the Stormy Daniels hush-money case?

Anyone donating to Trump who doesn't read the fine print and just hands over a check has their donation legally split into various accounts, many of which allow him to then spend the money on legal fees. You can freely donate to Super PACS and legal defense funds and such, a decision freely made without your knowledge when you just slam your click on the DONATE TO SAVE AMERICA link. It being Trump, he is all but certainly also illegally using campaign funds for personal poo poo, but that's on top of legally funneling money.

Powerful Two-Hander
Mar 10, 2004

Mods please change my name to "Tooter Skeleton" TIA.


That's also assuming she's actually been paid and is not just in a long line somewhere behind Giuliani.

Tesseraction
Apr 5, 2009

Xenomrph posted:

Wait, isn’t “spending campaign money on non-campaign stuff” a crime, and the core of the Stormy Daniels hush-money case?

This came up a few pages back - the short answer is he isn't directly using campaign finances. Money donated to PACs can be used as desired, and he funnels the money that way.

smackfu
Jun 7, 2004

Also, the premise of the Stormy Daniels case is the opposite, that it was for campaign purposes because they were paying her to be silent for the election.

gregday
May 23, 2003

I thought the issue wasn’t that he used campaign money to pay her off, but that the payoff constituted a material donation to the campaign as an in-kind gift and wasn’t properly disclosed.

gregday
May 23, 2003

https://twitter.com/kyledcheney/status/1754883119717462337

smoobles
Sep 4, 2014

If I'm understanding it right, this just means he'll appeal to the SC and it'll get delayed to the point where it doesn't matter because the election is so soon.

Caros
May 14, 2008

smoobles posted:

If I'm understanding it right, this just means he'll appeal to the SC and it'll get delayed to the point where it doesn't matter because the election is so soon.

This assumes that the supreme course take up the issue (they don't have to and I'm not sure they'd grant cert) and they they don't fast track it on the very specific grounds of 'this needs to be dealt with now'.

Honestly the court doesn't seem to like trump much, despite three of them being his direct appointees. Couple that with the fact that this appeal doesn't seem to have a dissent and I'd be surprised if anyone other than Thomas sticks their neck out for this.

There is no way the court has enough support for 'Former presidents are immune to crime' and I can't see Roberts allowing them to be used as a delaying action when he cares so much for the appearance of legitimacy.

Caros fucked around with this message at 16:30 on Feb 6, 2024

gregday
May 23, 2003

https://twitter.com/kyledcheney/status/1754890458478653566


I'm really hoping that the previous denial of cert wasn't just because the DC ruling was pending, but that's their actual stance on it ("We ain't touching that poo poo, go away.")

haveblue
Aug 15, 2005



Toilet Rascal

quote:

The judges said the gravity of the charges against Trump counseled against immunity here

So if he had committed less serious crimes, they would have been more open to immunity claims?

Presidents can have a little crime, as a treat?

mobby_6kl
Aug 9, 2009

by Fluffdaddy
Does this mean Biden has to tell Seal Team 6 to abort?

smoobles
Sep 4, 2014

haveblue posted:

So if he had committed less serious crimes, they would have been more open to immunity claims?

Presidents can have a little crime, as a treat?

Presidents can jaywalk, download mp3s, and sneak 1 (one) snack into the movie theater

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
I was really hoping they would send it back on a finding that he didn't have the right to raise this as an interlocutory appeal.

Barrel Cactaur
Oct 6, 2021

The argument for immunity is very weak, literally saying the job of the president is to get reelected like some edgy highschooler. It would be a massive handout to incumbents, weaken the courts, and establish a VERY broad federal mandate. Those last to go hard against the general conservative legal strategy which has been to try and kneecap federal mandates and force more to go through congress and be subject to political pressure more directly, then adjust good things happening through the courts rather than federal rule making. They and their backers really hate the targeted rulemaking experts do.

Barrel Cactaur fucked around with this message at 16:41 on Feb 6, 2024

Caros
May 14, 2008

haveblue posted:

So if he had committed less serious crimes, they would have been more open to immunity claims?

Presidents can have a little crime, as a treat?

Nah, that isn't what they're saying. They are just pointing out that it is already hosed to suggest a president is immune to crime, but to suggest he is immune to crime with regards to stealing an election is even worse because then there would literally be no recourse.

Tweet is just grandstanding.

Paracaidas
Sep 24, 2016
Consistently Tedious!

smoobles posted:

If I'm understanding it right, this just means he'll appeal to the SC and it'll get delayed to the point where it doesn't matter because the election is so soon.
You're understanding it half right - he'll almost certainly appeal. Purcell, I think, is more likely to rear its head on ballot eligibility than on immunity. The court stretching to electoral disruption on the question of prosecution takes us in to :matters: territory, where there's no point in trying to understand anything because the Roberts Court letting things slide is a fait accompli.

haveblue posted:

So if he had committed less serious crimes, they would have been more open to immunity claims?

Presidents can have a little crime, as a treat?
I've only skimmed the decision but my initial (could be deeply wrong) read was that the court is open to the idea that at some level, the public interest is better served in preventing the president from being harassed by nonsense prosecutions than it is by the president being prosecuted. That presidential (and broader executive) immunity is analogous to the immunities protecting legislators and judges.

It's one where Trump may in theory have had better luck arguing for something narrower than "total immunity unless you've been impeached and convicted", as the court has no real motive to go any further than telling him that's deeply wrong and moving on.

fknlo
Jul 6, 2009


Fun Shoe

mobby_6kl posted:

Does this mean Biden has to tell Seal Team 6 to abort?

They’ll just be an exhibit during the hearing if the Supreme Court decides to take up the case. They’re just awaiting orders based on your ruling.

Fifteen of Many
Feb 23, 2006
Cannon back with more overruling of DOJ

https://x.com/bvangrack/status/1754908901974163468?s=46&t=bfbUdXZ7wtKr5Ce8r1pCkQ

Murgos
Oct 21, 2010

quote:

It would be a striking paradox if the President, who alone is vested with the constitutional duty to “take Care that the Laws be faithfully executed,” were the sole officer capable of defying those laws with impunity.

Got to love it.

cr0y
Mar 24, 2005



If you steal classified documents you will then get them in legal form via discovery, neat trick.

This really feels like an obvious appeal.

mdemone
Mar 14, 2001

cr0y posted:

If you steal classified documents you will then get them in legal form via discovery, neat trick.

This really feels like an obvious appeal.

CIPA protocols will keep the "important" info redacted, which will be almost everything on each page. the docs will be described in broad terms: "memo dated xx/xx about national security of a foreign adversary", "document dated xx/xx about sources and methods of intelligence gathering" and so on.

gregday
May 23, 2003

I know, I know, George Conway, but might this be relevant in the 14th Amendment case?

https://twitter.com/gtconway3d/status/1754901953958519022

Paracaidas
Sep 24, 2016
Consistently Tedious!

cr0y posted:

If you steal classified documents you will then get them in legal form via discovery, neat trick.
This tends to be referred to as graymail and is what CIPA is designed to prevent. The tactic in defense is usually two fold: First is pushing for discovery as an obstacle to prosecution (which is what Trump is doing here). Hunter, after retaining Lowell, has moved towards a similar objective through other means (threatening to depose his father and/or call him as a witness, for instance). "I'm going to make sure more of a pain to prosecute me than it's worth" is fairly common among those who have the ability to threaten that credibly. Here, since it's the national security apparatus getting gored, they had little issue getting legislation passed to ensure that they were inconvenienced by defendants -- which is why it's mostly been CIPA and related issues that Justice has been nudging Cannon about reversible error on.

The second bit of the tactic is using the fact that the government has to show the documents to the jury against it. After all, if these documents were so dangerous in the wrong hands, they wouldn't be showing this group of random citizens.

Scags McDouglas
Sep 9, 2012

"Former presidents are immune from criminal charges"

*Barack Obama opens a moonshine distillery in his backyard*

"No, former white presidents"

zoux
Apr 28, 2006

Scags McDouglas posted:

"Former presidents are immune from criminal charges"

*Barack Obama opens a moonshine distillery in his backyard*

Uh, let me make beer

Main Paineframe
Oct 27, 2010

gregday posted:

I know, I know, George Conway, but might this be relevant in the 14th Amendment case?

https://twitter.com/gtconway3d/status/1754901953958519022

I don't see anything in that out-of-context photograph of a couple paragraphs of printed text that explicitly says "the President is an Officer of the United States". There are parts that could potentially be read as implying it when taken out of context and interpreted expansively, but that is really not what lawyering is about. When you yourself have to admit that your source here isn't exactly reliable, you shouldn't trust their interpretation of the text either.

And looking at the actual context of that snippet (page 24), I see that the opinion is very much not making the claim in question at all. It happens to quote something that happens to be talking about officers of the US, but the opinion itself repeatedly distinguishes "the president" from "officers of the United States" as if they're separate things.

quote:

When the President or his appointed officers exercise discretionary authority, “[t]he subjects are political” and “the decision of the executive is conclusive.” Id. at 166. Their discretionary acts, therefore, “can never be examinable by the courts.” Id. “But,” Chief Justice Marshall continued, “when the legislature proceeds to impose on that officer other duties; when he is directed peremptorily to perform certain acts; when the rights of individuals are dependent on the performance of those acts; he is so far the officer of the law; is amenable to the laws for his conduct; and cannot at his discretion sport away the vested rights of others.”

quote:

Finally, the practical consequences of former President Trump’s interpretation demonstrate its implausibility. The Impeachment Judgment Clause applies not just to Presidents but also to the “Vice President and all civil Officers of the United States.” U.S. CONST. art. II, § 4. Thus, his reading would prohibit the Executive Branch from prosecuting current and former civil officers for crimes committed while in office

It brings up officers mainly because the legal obligations of the president and executive officers are pretty much the same on this subject (since they derive their authority from the same basic source), but that has no direct relevance to the 14th argument.

Of course, I'm not saying that the DC Circuit is saying the president isn't an officer. Rather, it's avoiding the question, because the question is irrelevant to the actual case before it and it's generally seen as poor form for courts to go out of their way to try to settle legal questions that aren't relevant to the case before them.

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mdemone
Mar 14, 2001

Main Paineframe posted:

it's generally seen as poor form for courts to go out of their way to try to settle legal questions that aren't relevant to the case before them.

Somewhere in hell, Scalia smirks.

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