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Deteriorata
Feb 6, 2005

Rudy Giuliani loses bid to dismiss $148 million defamation judgment in Georgia election workers case

quote:

Rudy Giuliani has lost his bid to dismiss the $148 million defamation judgment against him from late last year. The judgment was won by former Georgia election workers Ruby Freeman and Wandrea "Shaye" Moss.

"Giuliani's renewed motion urging this Court to reverse its prior findings and rulings and to override the jury's considered verdict on the basis of five threadbare arguments falls well short of persuading that 'the evidence and all reasonable inferences that can be drawn therefrom are so one-sided that reasonable men and women could not have reached a verdict in [plaintiffs'] favor,'" U.S. District Judge Beryl A. Howell said in her ruling Monday.

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Cimber
Feb 3, 2014
Awww. Poor Rudy.

But in all seriousness, the poo poo he did to those two women was awful. One of them had to go into hiding because she was getting threats at all hours. Trumpists are really nasty people.

The Islamic Shock
Apr 8, 2021
I am really loving good at lying and pretty good at psychology. Badly out of practice doing the former on the regular but poo poo I wish I was in that jury pool

(yes me getting in even if I could be drawn for selection is a fantasy but let me have it)

Leon Trotsky 2012
Aug 27, 2009

YOU CAN TRUST ME!*


*Israeli Government-affiliated poster
Day one ends with no jurors selected.

Trump attorneys objected to a juror who said "No one is above the law."

They are currently arguing about whether Trump has to actually show up at court in person or not.

The Islamic Shock posted:

I am really loving good at lying and pretty good at psychology. Badly out of practice doing the former on the regular but poo poo I wish I was in that jury pool

What am I thinking right now?

TGG
Aug 8, 2003

"I Dare."
ha, I am so drat ignorant of the law, pardon my stupidity on that one.

mdemone
Mar 14, 2001

He can obviously waive his right to be present, what are they even arguing about

Foxfire_
Nov 8, 2010

dpkg chopra posted:

https://finance.yahoo.com/news/trump-media-stock-tanks-16--on-move-to-issue-millions-of-shares-160723508.html

Truth Social ($DJT) is down around 18% on news that the company is issuing a shitload of shares. There's basically no reason to do this other than as a way to raise capital at the cost reducing the value of the existing shares.

Presumably the money raised should be used by the company for company goals, but obviously the expectation is that Trump will use it for the campaign (and maybe legal defense costs? It's hard to imagine how a public company would funnel the money in that way without exposing everyone to lawsuits).

They company itself may legitimately need the money, but that means it's not having any luck with traditional lenders which is also not good news.

Reeks of desperation IMO, otherwise they would have waited for the lockup to expire so that Donald could cash out his shares at a higher value.
If you're in that situation, issuing new shares is the rational thing to do. AMC & Gamestop did similar things when they were the meme stock of the day with share prices wildly out of line with their assets and revenue. If idiots are willing to give you lots of money on terms far outside the realm of common sense, the smart thing to do is to take it. Even if you don't do anything with it besides stick it in short term Treasuries, it only helps your financial situation.

There's no legal way for Truth Social to give what they raise to Trump (they'll probably try anyway, and then lose some lawsuits)

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
He can waive his right to he present but the state also has a right (arguably) to compel his presence.

This is a question subject to some real litigation. You have a right to be present, and that right is waivable, which allows the possibility of trials in absentia where people have waived the right by ascending. But does the state have the right to compel your presence? Arguable and varies by state law. I've seen defense lawyers argue "my guy is presumed innocent, he doesn't have to be here, he could go fishing if he wanted to".

Hieronymous Alloy fucked around with this message at 22:30 on Apr 15, 2024

Retro42
Jun 27, 2011


Hieronymous Alloy posted:

He can waive his right to he present but the state also has a right (arguably) to compel his presence.

This is a question subject to some real litigation. You have a right to be present, and that right is waivable, which allows the possibility of trials in absentia where people have waived the right by ascending. But does the state have the right to compel your presence? Arguable and varies by state law.

Forgive me if I'm not understanding the context, but from what I'm reading into the reporting from today alot of it boils down to Trump wanting to pick and choose when he attends and the Judge telling him it's either he's always there or he's waiving that right entirely.

mdemone
Mar 14, 2001

Hieronymous Alloy posted:

He can waive his right to he present but the state also has a right (arguably) to compel his presence.

This is a question subject to some real litigation. You have a right to be present, and that right is waivable, which allows the possibility of trials in absentia where people have waived the right by ascending. But does the state have the right to compel your presence? Arguable and varies by state law. I've seen defense lawyers argue "my guy is presumed innocent, he doesn't have to be here, he could go fishing if he wanted to".

I think Merchan said "pick one, either you're here or you're not" when he was giving the Parker warnings

Angry_Ed
Mar 30, 2010




Grimey Drawer
Also it just makes perfect sense that Trump either has to be there or not be there and can't pick and choose when, because he's trying to get attention by showing up at times of his choosing. So gently caress him and his grandstanding.

Foxfire_
Nov 8, 2010

NY appears to generally require a criminal defendant to be at their trial. If they have a lawyer, they can file a motion to be absent, but the judge has discretion to approve or deny it:

Consolidated Laws of New York, §340.50: Defendant's presence at trial posted:

1. Except as provided in subdivision two or three, a defendant must be personally present during the trial.

2. On motion of a defendant represented by counsel, the court may, in the absence of an objection by the people, issue an order dispensing with the requirement that the defendant be personally present at trial. Such an order may be made only upon the filing of a written and subscribed statement by the defendant declaring that he waives his right to be personally present at the trial and authorizing his attorney to conduct his defense.

3. A defendant who conducts himself in so disorderly and disruptive a manner that his trial cannot be carried on with him in the courtroom may be removed from the courtroom if, after he has been warned by the court that he will be removed if he continues such conduct, he continues to engage in such conduct.
https://www.nysenate.gov/legislation/laws/CPL/340.50

gvibes
Jan 18, 2010

Leading us to the promised land (i.e., one tournament win in five years)

Foxfire_ posted:

If you're in that situation, issuing new shares is the rational thing to do. AMC & Gamestop did similar things when they were the meme stock of the day with share prices wildly out of line with their assets and revenue. If idiots are willing to give you lots of money on terms far outside the realm of common sense, the smart thing to do is to take it. Even if you don't do anything with it besides stick it in short term Treasuries, it only helps your financial situation.

There's no legal way for Truth Social to give what they raise to Trump (they'll probably try anyway, and then lose some lawsuits)
Wasn't there a literally bankrupt meme company that did that? Like, the offering memorandum said "these shares are worth zero dollars you will lose all your money" and people still bought them? Bed Bath and Beyond maybe?

Matt Levine had some good pieces on how near bankrupt meme company should do that.

dpkg chopra
Jun 9, 2007

Fast Food Fight

Grimey Drawer

Foxfire_ posted:

If you're in that situation, issuing new shares is the rational thing to do. AMC & Gamestop did similar things when they were the meme stock of the day with share prices wildly out of line with their assets and revenue. If idiots are willing to give you lots of money on terms far outside the realm of common sense, the smart thing to do is to take it. Even if you don't do anything with it besides stick it in short term Treasuries, it only helps your financial situation.

There's no legal way for Truth Social to give what they raise to Trump (they'll probably try anyway, and then lose some lawsuits)

I think the stock losing almost 70% of its peak and 25% from the IPO price shows that even the idiots are thinking this one over.

Yes, it’s still infinity overvalued but I don’t think it has shown any of the signs of complete detachment from reality that AMC and Hertz had when they issued stock.

I do agree that for the company it makes sense, it’s free money. I just think that if the company is a vehicle for Trump to get rich, then this is a bad move as you’re at best tapping any potential shareholders and sinking that money into a place you can’t really get it out of.

The Question IRL
Jun 8, 2013

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

Foxfire_ posted:

NY appears to generally require a criminal defendant to be at their trial. If they have a lawyer, they can file a motion to be absent, but the judge has discretion to approve or deny it:

https://www.nysenate.gov/legislation/laws/CPL/340.50

Going by past endeavours, if Trump's team was supposed to submit an application to allow Trump not to be forced to attend, they have almost certainly flubbed doing that.

Trump's attendance at this trial is doubly interesting because he has spoken about how he's going to give evidence.

Now I know that Trump is famous for saying he'll give evidence and then not doing so, but with Criminal cases, it's different.

Some specific crimes, to defend them you pretty much have to testify. I don't know if this one which needs Trump to testify, but if he does have to do that....Well Trump might really shoot himself in the foot.

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
You can mount a defense, in theory, to just about any crime without testifying.

The more interesting issue is that the accused has a *right* to testify, and if they want to testify in their own defense, there can be little the attorney can do to stop them. There's a whole sub-area of the criminal law dealing with the ethics of what an attorney should do when they know their client wants to get on the stand and lie a blue streak, because you can't stop them but you also can't facilitate fraud on the court.

mdemone
Mar 14, 2001

Hieronymous Alloy posted:

You can mount a defense, in theory, to just about any crime without testifying.

The more interesting issue is that the accused has a *right* to testify, and if they want to testify in their own defense, there can be little the attorney can do to stop them. There's a whole sub-area of the criminal law dealing with the ethics of what an attorney should do when they know their client wants to get on the stand and lie a blue streak, because you can't stop them but you also can't facilitate fraud on the court.

Subsection :ughh: of Chapter :cry:

Goatse James Bond
Mar 28, 2010

If you see me posting please remind me that I have Charlie Work in the reports forum to do instead

Hieronymous Alloy posted:

You can mount a defense, in theory, to just about any crime without testifying.

The more interesting issue is that the accused has a *right* to testify, and if they want to testify in their own defense, there can be little the attorney can do to stop them. There's a whole sub-area of the criminal law dealing with the ethics of what an attorney should do when they know their client wants to get on the stand and lie a blue streak, because you can't stop them but you also can't facilitate fraud on the court.

I assume the protocol is "your honor, my client insists on this so I now have the hand hygiene opinions of a Italian running the Levant"

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

Goatse James Bond posted:

I assume the protocol is "your honor, my client insists on this so I now have the hand hygiene opinions of a Italian running the Levant"

Basically what you have to do is -- with some adjustments for local rules and local law -- first, outside the presence of the jury, move to be relieved as counsel (though you can't say why, but it's obvious from the timing). Then the judge denies that motion because it would force a new trial. Then once you're in front of the jury, you ask questions he'll answer honestly, then you ask the client "is there anything else you wish to say" and let them talk to the jury. Then you can't use that portion of the testimony in your closing argument either.

If you see that pattern it means everyone in the courtroom (except arguably the jury) now *knows* the defendant is lying.

Kchama
Jul 25, 2007

KillHour posted:

I had jury duty a few months ago and that was when I learned that was a thing. It was very weird to have the defendant sitting there when we were being selected. I was excused so I have no idea if he was found guilty, but he was charged with stabbing someone. That made it doubly awkward.

Fork of Unknown Origins posted:

Watching people who don’t want to be selected say the craziest poo poo they can, just to have them not be excluded till the very end is pretty entertaining.

I tried to get out of jury duty by just being as blunt as possible about how I don't trust cops and also have a real issue with people who try to shoot other people in general, figuring both sides would think I'm unreliable.




Instead it apparently just made both sides think that since I hated both of them I wouldn't be biased for either side. drat them for being right.

idonotlikepeas
May 29, 2010

This reasoning is possible for forums user idonotlikepeas!

Hieronymous Alloy posted:

You can mount a defense, in theory, to just about any crime without testifying.

I was on a jury at one point for a racketeering case, and none of the four defendants (each of whom brought their own lawyer) testified for that. In fact, they didn't bring any witnesses or evidence of their own; their entire defense consisted of attacking the prosecution's witnesses and evidence. The defense rested a few seconds after the prosecution did. (In fact, they accidentally attempted to do so first, which prompted the judge to jokingly ask them afterwards whether they had something to say when they hesitated to do it a second time. Everyone laughed. It was a long eight weeks, okay?)

Now, in the case of this particular set of people, that strategy didn't really work out, but I don't think there was anything wrong with it on principle. They were just incredibly, incredibly guilty. I could definitely see having delivered a different verdict with exactly the same tactics if the attacks on the witnesses had been more effective or if the evidence hadn't consisted of literal hours of wiretap of the defendants admitting to their crimes. Speaking as a juror, I don't think any of those four people testifying would have changed anything for the better, and it was probably wise of their defense team not to have them try.

Simplex
Jun 29, 2003

From my experience a little while back, if you have a legitimate scheduling conflict, or some kind of conflict of interest with the defense or prosecution it's really easy to get out of jury duty. Otherwise, don't try to get out of jury duty unless you have a real high tolerance for public humiliation, or some kind of kink for it. Chances are you are going to be dismissed anyways.

haveblue
Aug 15, 2005



Toilet Rascal

Kchama posted:

I tried to get out of jury duty by just being as blunt as possible about how I don't trust cops and also have a real issue with people who try to shoot other people in general, figuring both sides would think I'm unreliable.




Instead it apparently just made both sides think that since I hated both of them I wouldn't be biased for either side. drat them for being right.

I also did the “I can’t trust cops” thing, and it worked a little too well- I haven’t been called for jury duty in at least 10 years and I’m starting to think I got blacklisted

Murgos
Oct 21, 2010

dpkg chopra posted:

I think the stock losing almost 70% of its peak and 25% from the IPO price shows that even the idiots are thinking this one over.

Yes, it’s still infinity overvalued but I don’t think it has shown any of the signs of complete detachment from reality that AMC and Hertz had when they issued stock.

I do agree that for the company it makes sense, it’s free money. I just think that if the company is a vehicle for Trump to get rich, then this is a bad move as you’re at best tapping any potential shareholders and sinking that money into a place you can’t really get it out of.

Trumps been hitting up his peeps for money for a couple of years now but that’s in the range of 100 million a year. The numbers here are an order of magnitude higher and not spread out with small sums over an extended period but all at once if you’re going to move enough shares to move the needle.

Trumps need the suckers to spend billions to prop up DJT and they don’t have it.

Trump also doesn’t want to sell because Trump Media is essentially the perfect dark money laundering service you could think of. If Saudi wants to bribe Trump they can just put in a 100 million dollar ad buy knowing Trump gets 57% of it, more if you include his families shares and it would be totally legal.

Ynglaur
Oct 9, 2013

The Malta Conference, anyone?

Kchama posted:

I tried to get out of jury duty by just being as blunt as possible about how I don't trust cops and also have a real issue with people who try to shoot other people in general, figuring both sides would think I'm unreliable.




Instead it apparently just made both sides think that since I hated both of them I wouldn't be biased for either side. drat them for being right.

Thank you for your service.

tracecomplete
Feb 26, 2017

Hieronymous Alloy posted:

You have a right to be present, and that right is waivable, which allows the possibility of trials in absentia where people have waived the right by ascending.
so you're telling me the cadaver synod is still a go

oh who am I kidding, he's going the other way

Leon Trotsky 2012
Aug 27, 2009

YOU CAN TRUST ME!*


*Israeli Government-affiliated poster
The 100% surefire ways people would get dismissed way back when I was in court regularly were:

- Say you don't trust cops.
- Say you really love cops.
- Say you or a family member were a victim of the same crime that they are charging.
- Say you are an attorney or cop/related to one.
- Mention that you know the concept of jury nullification.

GhostofJohnMuir
Aug 14, 2014

anime is not good
i was on a jury panel in which on the first day one woman scrawled sharpie on her arm saying "gently caress cops" and said it was a tattoo. she got held in contempt for trying to dodge the process when she doubled down

the second day a lawyer on the panel told the judge he had looked up the defendant overnight (turns out defendant was a d-list pro sports person), and now knew some personal details about the defendant. he was dismissed with a slight finger wag from the judge

i think about the dichotomy some times. thank you for coming to my ted talk

Gyges
Aug 4, 2004

NOW NO ONE
RECOGNIZE HULK

Nitrousoxide posted:

Yeah lol. What Trumpite is gonna see him nodding off at his criminal trial and think "Ah! That was the final straw!"

We're not fighting to change the mind of Trumpists, it's all the various flavors of votes Republican but isn't MAGA that can be changed. Plus we don't even need them to flip, just stay home or leave the top of the ticket blank.

Hobologist
May 4, 2007

We'll have one entire section labelled "for degenerates"

Foxfire_ posted:

NY appears to generally require a criminal defendant to be at their trial. If they have a lawyer, they can file a motion to be absent, but the judge has discretion to approve or deny it:

https://www.nysenate.gov/legislation/laws/CPL/340.50

So, if the deliberation counts as part of the trial, couldn't the prosecutor and the judge do the sensible thing and keep Trump tied up in court every day until November?

cr0y
Mar 24, 2005



I think the judge basically said "pick, you are here 100% of the time or absent 100% of the time"

It would be extremely stupid to give Trump another avenue to game the system and just pop in when he needs attention.

Kchama
Jul 25, 2007

Leon Trotsky 2012 posted:

The 100% surefire ways people would get dismissed way back when I was in court regularly were:

- Say you don't trust cops.
- Say you really love cops.
- Say you or a family member were a victim of the same crime that they are charging.
- Say you are an attorney or cop/related to one.
- Mention that you know the concept of jury nullification.

I was both!

After the trial the defendant's lawyer told me that the defendant had convinced both his lawyer and the prosecution to pick me because.

Smart thing he did, because I voted to acquit on all charges but he one he said to find him guilty for.


Ynglaur posted:

Thank you for your service.

I'm trying to figure out a way to work in a 'Salute Your Shorts' joke here...


Hobologist posted:

So, if the deliberation counts as part of the trial, couldn't the prosecutor and the judge do the sensible thing and keep Trump tied up in court every day until November?

He has other trials too, and they'd get called out for it.

Hobologist
May 4, 2007

We'll have one entire section labelled "for degenerates"

Leon Trotsky 2012 posted:

The 100% surefire ways people would get dismissed way back when I was in court regularly were:

- Say you don't trust cops.
- Say you really love cops.
- Say you or a family member were a victim of the same crime that they are charging.
- Say you are an attorney or cop/related to one.
- Mention that you know the concept of jury nullification.

I've read that if you try that the judge can decide to move you to a civil jury instead. His warning pertained to federal court instead, and federal civil trials tend to open with several days of "What is this document?...At the time this document was written, was it author employed at your company?...Now, what is this document?"

Gyges
Aug 4, 2004

NOW NO ONE
RECOGNIZE HULK

Kchama posted:


He has other trials too, and they'd get called out for it.

Any rulling that he has to show up will include exceptions for reasonable excuses. Being sick, having a legitimate conflict of trial dates, held up in Satan's waiting room, etc.

Angry_Ed
Mar 30, 2010




Grimey Drawer

haveblue posted:

I also did the “I can’t trust cops” thing, and it worked a little too well- I haven’t been called for jury duty in at least 10 years and I’m starting to think I got blacklisted

Same thing might have happened to me only the way I worded it was "I have family members in law enforcement, so I do not think I can be impartial". Which was 100% true. Regrardless, I haven't been called in for Jury Duty in almost a decade now.

DarkHorse
Dec 13, 2006

Vroom vroom, BEEP BEEP!
Nap Ghost
I've been eligible for jury duty for over 20 years and only just got called the first time a few months ago.

fool of sound
Oct 10, 2012
Lol I’ve been called for jury duty roughly annually for the last seven years, been dismissed during jury selection thrice, and served once. It’s obnoxious.

I was called once prior to that but these last seven years I’ve been on the quick list or something.

PainterofCrap
Oct 17, 2002

hey bebe



I've been called a half-dozen times. The two times I was queried, neither side wanted me when they found out I was an insurance investigator that had been to court as a defense witness on numerous occasions.

The second time, I actually had a conflict with one-time training out of state for my employers (drone pilot training) and I had to show the judge, at her bench, on my phone, the email showing that I was required to drive to Columbus, OH the week of the trial.

Last time I went & was dismissed, the summons was for my son, but who the gently caress could tell because they don't give any other identifiers besides first & last name (my son has a different middle name).

I only found out because I received another jury summons about six weeks later & called to complain. They let me off that one. They were amused. I was not.

PainterofCrap fucked around with this message at 03:49 on Apr 16, 2024

TGG
Aug 8, 2003

"I Dare."
I have been called in for jury duty 7 times now in my old old loving life, it has each time been me walking in , standing around for about 15 minutes, walking up to the counter, telling the person at the service counter that I would prefer to leave as I have family members I would like to help take care of. They say they are happy to help, stamp a form, have me sign it and I leave. I am not sure why exactly that works but it seems to work.The first time I got jury duty I didn't try that, I made it all the way to selection and got dismissed off a murder trial for who knows what because it was years ago.

TGG fucked around with this message at 03:58 on Apr 16, 2024

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TheKub
May 11, 2006

Am I just blessed that in my 42 years I have never been called for jury duty? Or do THEY :tinfoil: know my mom and dad were civil clerk and deputy, respectively, for like 40 years?

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