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Asproigerosis
Mar 13, 2013

insufferable

davecrazy posted:

So by getting checks sent to him to sign at the White House didn’t the Trump org lackey who testified basically prove what we all ready knew that he was involved with the day to day operations of Trump org WHILE president?

No conflict of interest or enulments clause violations there!



Dems gave up on that boat before he even took office. Not to mention all of the scenarios where he forced government agencies to use his hotels/businesses at marked up rates, etc.

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Murgos
Oct 21, 2010

Asproigerosis posted:



Dems gave up on that boat before he even took office. Not to mention all of the scenarios where he forced government agencies to use his hotels/businesses at marked up rates, etc.

SCOTUS essentially read that out of the constitution.

I suppose congress has to define an emolument and set a penalty for it explicitly rather than it just falling under all the already established rules about government personnel accepting gifts.

Which seems backwards. Since it’s explicitly called out in the constitution then any general guidelines or laws should be applicable.

Raenir Salazar
Nov 5, 2010

College Slice

Asproigerosis posted:



Dems gave up on that boat before he even took office. Not to mention all of the scenarios where he forced government agencies to use his hotels/businesses at marked up rates, etc.

Which dems?

The Islamic Shock
Apr 8, 2021

Murgos posted:

SCOTUS essentially read that out of the constitution.

I suppose congress has to define an emolument and set a penalty for it explicitly rather than it just falling under all the already established rules about government personnel accepting gifts.

Which seems backwards. Since it’s explicitly called out in the constitution then any general guidelines or laws should be applicable.
That dumb, intentionally-misused ambiguity is why they started adding "Congress shall have power to enforce this article by appropriate legislation" to amendments.
The Dems rallying around the emoluments clause are the same ones working tirelessly to bring important social issues like the minimum wage to the forefront presumably

Deteriorata
Feb 6, 2005

Another potential source of trouble for Trump:
Trump May Owe $100 Million From Double-Dip Tax Breaks, Audit Shows
Nonpaywalled link: https://archive.ph/KcYAx

quote:

Former President Donald J. Trump used a dubious accounting maneuver to claim improper tax breaks from his troubled Chicago tower, according to an Internal Revenue Service inquiry uncovered by The New York Times and ProPublica. Losing a yearslong audit battle over the claim could mean a tax bill of more than $100 million.

The 92-story, glass-sheathed skyscraper along the Chicago River is the tallest and, at least for now, the last major construction project by Mr. Trump. Through a combination of cost overruns and the bad luck of opening in the teeth of the Great Recession, it was also a vast money loser.

But when Mr. Trump sought to reap tax benefits from his losses, the I.R.S. has argued, he went too far and in effect wrote off the same losses twice.

Article is long and kind of dry (accounting/taxes chat) but seems well-researched.

Judge Schnoopy
Nov 2, 2005

dont even TRY it, pal

Deteriorata posted:

Another potential source of trouble for Trump:
Trump May Owe $100 Million From Double-Dip Tax Breaks, Audit Shows
Nonpaywalled link: https://archive.ph/KcYAx

Article is long and kind of dry (accounting/taxes chat) but seems well-researched.

Huh seems like the kinda thing that sounds important, but will result in no action when Trump simply doesn't pay it.

Yeah, the IRS can claw what's owed to them, but what are the chances they even try to garnish a president's wages

withak
Jan 15, 2003


Fun Shoe
The IRS and what army?

Subjunctive
Sep 12, 2006

✨sparkle and shine✨

Judge Schnoopy posted:

Huh seems like the kinda thing that sounds important, but will result in no action when Trump simply doesn't pay it.

Yeah, the IRS can claw what's owed to them, but what are the chances they even try to garnish a president's wages

Seems likely that there’s a corporate veil between this tax bill and any salary that Trump would personally collect, anyway.

Raenir Salazar
Nov 5, 2010

College Slice

Judge Schnoopy posted:

Huh seems like the kinda thing that sounds important, but will result in no action when Trump simply doesn't pay it.

Yeah, the IRS can claw what's owed to them, but what are the chances they even try to garnish a president's wages

On what grounds are you asserting this?

The Artificial Kid
Feb 22, 2002
Plibble

Raenir Salazar posted:

On what grounds are you asserting this?

I believe they’re citing the evolving jurisprudence of the last 70-odd years in Trump v. Consequences.

Caros
May 14, 2008

Raenir Salazar posted:

On what grounds are you asserting this?

Recorded history?

Trump being a tax cheat isn't news to anyone. If they haven't doe it by now, it is odd to suggest that they are suddenly going to because of yet another nyt story on him doing a fraud.

Now hunter Biden tax fraud? That is where it is at.

Edit: Not to be pithy, but we are talking about fraud from 2008 and 2010. This fraud is nearly older than my foster child and predates Trump's presidential run. If they were going to do anything about it, they would have done so already.

Caros fucked around with this message at 01:10 on May 12, 2024

haveblue
Aug 15, 2005



Toilet Rascal
Didn't Biden get a bunch more money for the IRS specifically so they could discover and claim tax revenue that wasn't worth pursuing when they were spread too thin?

Is there a statute of limitations for back taxes?

Deteriorata
Feb 6, 2005

haveblue posted:

Didn't Biden get a bunch more money for the IRS specifically so they could discover and claim tax revenue that wasn't worth pursuing when they were spread too thin?

Is there a statute of limitations for back taxes?

10 years for unpaid back taxes.

There is no statute of limitations on tax fraud, however.

Raenir Salazar
Nov 5, 2010

College Slice

Caros posted:

Recorded history?

Trump being a tax cheat isn't news to anyone. If they haven't doe it by now, it is odd to suggest that they are suddenly going to because of yet another nyt story on him doing a fraud.

Now hunter Biden tax fraud? That is where it is at.

Edit: Not to be pithy, but we are talking about fraud from 2008 and 2010. This fraud is nearly older than my foster child and predates Trump's presidential run. If they were going to do anything about it, they would have done so already.

As haveblue mentions a LOT of rich people "got away with" not paying their legal obligations due to lack of funding and manpower to pursue those accounts; and that as the IRS ramps up training and hiring of staff its plausible they eventually go after Trump for unpaid taxes; but probably in whatever order and process that places him in whatever spot in the queue as to avoid ethical issues or accusations of singling out a candidate.

Mercury_Storm
Jun 12, 2003

*chomp chomp chomp*
Its almost as if the destruction of a functional government so the rich can get away with anything was on purpose

Caros
May 14, 2008

So I have to ask, does anyone understand Trump's legal strategy for the NY case?

He seems to have functionally better lawyers than some of his civil cases (in that they are not harassing the judge's clerk or forgetting how to submit evidence) but in their opening statement they made bold claims about proving that the transaction never happened, despite the fact that we currently have Michael Cohen on the stand authenticating audio recordings of them talking about the deal.

It seems like a bold strategy, is all I'm saying.

Jury nullification?

Accipiter
Jan 24, 2004

SINATRA.

Caros posted:

So I have to ask, does anyone understand Trump's legal strategy for the NY case?

"Cohen is a liar and Daniels is a liar" and/or "MISTRIAL!"

That about sums it up.

Kaiser Schnitzel
Mar 29, 2006

Schnitzel mit uns


Caros posted:

So I have to ask, does anyone understand Trump's legal strategy for the NY case?
When you don't have an actual defense, discrediting witnesses, muddying intent and trying to create doubt in the minds of the jury by both of the above is your defense. 'Beyond reasonable doubt' is a pretty high bar for the prosecution to clear, and the more uncertainty the defense can create about the prosecution's case/evidence, the better. Creating grounds for an appeals/mistrial is a bonus.

haveblue
Aug 15, 2005



Toilet Rascal
Make the trial extend past January 2025, at which point he gets 4 years in which to make himself untouchable (pardoned, permanent presidency, dead)

Tenkaris
Feb 10, 2006

I would really prefer if you would be quiet.

Caros posted:

So I have to ask, does anyone understand Trump's legal strategy for the NY case?

He seems to have functionally better lawyers than
[...] but in their opening statement they made bold claims about proving that the transaction never happened

It seems like a bold strategy, is all I'm saying.

Tenkaris posted:

That's the best (or worst) thing about Trump, honestly. It doesn't matter how far down the line he is, he still wants to just give a blanket denial that anything ever happened. Like he's at a hearing to determine how much they are going to fine him, and he's still insisting he be able to claim it never happened even though that's two trials ago you dumb gently caress, that's not up for argument at all!

Idk what makes him think anything will improve for him if he is allowed to lie in court, like how does he think anyone will believe him? Not only that, jurors are instructed to determine the credibility of the person speaking and can disregard anything you say once they're convinced you've lied in testimony.

It's insanely stupid. And because he's white and rich and now a former president of the loving USA, he gets gentle reprimands for this while getting to pry open any small conflict of interest and leverage it, to the point where anyone involved in prosecuting him is held to an insane standard of behavior.

Fani Willis' office romance was poorly timed but hardly anything to do with the trial, and yet it has thrown this massive wrench into the process. But Trump is a perpetual fart machine and everyone just has to smell it.

This is why I wish he could actually end up in prison, because it just seems impossible in the world we live in today. What I would give to see that image, ugh. I'd know anything is possible.

It's just how he is. He still wants to say he never met EJC and was still trying to say it at closing arguments on the trial for his punishment. He's delusional and thinks he can will the truth away with confident lying.

Tenkaris fucked around with this message at 20:32 on May 13, 2024

Gyges
Aug 4, 2004

NOW NO ONE
RECOGNIZE HULK

Caros posted:

So I have to ask, does anyone understand Trump's legal strategy for the NY case?

He seems to have functionally better lawyers than some of his civil cases (in that they are not harassing the judge's clerk or forgetting how to submit evidence) but in their opening statement they made bold claims about proving that the transaction never happened, despite the fact that we currently have Michael Cohen on the stand authenticating audio recordings of them talking about the deal.

It seems like a bold strategy, is all I'm saying.

Jury nullification?

Their only available strategy, given the case and their client, is to wing legal basketballs at the net from the other end of the court and hope one somehow goes in.

My client didn't do it, everyone's lying, these are not the crimes you're looking for, I rest my case and cash my check.

DTurtle
Apr 10, 2011


Man, reading Cohen's testimony, it is really telling just how much of a cheapskate Trump is and how much it has bitten him in the rear end in this whole thing.

FMguru
Sep 10, 2003

peed on;
sexually

DTurtle posted:

Man, reading Cohen's testimony, it is really telling just how much of a cheapskate Trump is and how much it has bitten him in the rear end in this whole thing.
Trump's short-sighted need to "win" every transaction and assert his dominance, no matter how much it pisses off the other person, have bitten him in the rear end his entire life. It's why he was run out of developing Manhattan real estate and why he never gained entree into NYC's elite circles, for example.

Independence
Jul 12, 2006

The Wriggler
I have a question from a quote of Cohen.

quote:

Jonathan Swan
May 13, 2024, 12:48 p.m. ET

Michael Cohen says that Trump explicitly told him they needed to do whatever they could to suppress Stormy Daniels’s story until at least after the election, because it wouldn’t matter at that point.

Maggie Haberman
May 13, 2024, 12:50 p.m. ET

Cohen also recalls asking Trump how Melania Trump might take everything that was happening. He describes Trump’s reply as follows: “He goes, ‘How long do you think I’ll be on the market for? Not long.’ He wasn’t thinking about Melania. This was all about the campaign.”

This is a hearsay conversation, and if defense lawyers challenge it during cross-examination, Cohen’s credibility will be at issue.

How is this hearsay if the witness heard the defendant?

Gully Foyle
Feb 29, 2008

Independence posted:

I have a question from a quote of Cohen.

How is this hearsay if the witness heard the defendant?

The biggest issue with that last statement, (I believe, not a lawyer etc) is that Cohen is testifying about what Trump was thinking - he didn't say 'I believe Trump was thinking...', but rather stated it as if it were a fact.

However, I don't see how this would have any impact on Cohen's credibility. The defense should be objecting to hearsay statements and having them stricken as they arise, but it doesn't follow that Cohen is lying - he is just stating things in a way that isn't allowed in court as a witness.

Jean-Paul Shartre
Jan 16, 2015

this sentence no verb


Gully Foyle posted:

The biggest issue with that last statement, (I believe, not a lawyer etc) is that Cohen is testifying about what Trump was thinking - he didn't say 'I believe Trump was thinking...', but rather stated it as if it were a fact.

However, I don't see how this would have any impact on Cohen's credibility. The defense should be objecting to hearsay statements and having them stricken as they arise, but it doesn't follow that Cohen is lying - he is just stating things in a way that isn't allowed in court as a witness.

It’s not hearsay. Definitionally, no statement by “a party opponent” - by the defendant in a criminal case, by a party to a civil suit, when offered by the other party, is hearsay. And Cohen going on to offer his own impression of what that statement meant simply isn’t hearsay, but it does depend on the jury both finding him credible and believing he understood his boss, rather than it being dark humour or something.

Raenir Salazar
Nov 5, 2010

College Slice
Point of order, I think for civil cases it isn't "beyond a reasonable doubt" this isn't a murder trial; its by the preponderance of the evidence. The defence would absolutely want the jury to think its beyond a reasonable doubt probably! The prosecution just needs to show that it is more likely than not that Trump committed these crimes.

Deteriorata
Feb 6, 2005

Raenir Salazar posted:

Point of order, I think for civil cases it isn't "beyond a reasonable doubt" this isn't a murder trial; its by the preponderance of the evidence. The defence would absolutely want the jury to think its beyond a reasonable doubt probably! The prosecution just needs to show that it is more likely than not that Trump committed these crimes.

This is a criminal trial. "Beyond a reasonable doubt" is the standard.

mdemone
Mar 14, 2001

Raenir Salazar posted:

Point of order, I think for civil cases it isn't "beyond a reasonable doubt" this isn't a murder trial; its by the preponderance of the evidence. The defence would absolutely want the jury to think its beyond a reasonable doubt probably! The prosecution just needs to show that it is more likely than not that Trump committed these crimes.

This is a criminal case.

Ynglaur
Oct 9, 2013

The Malta Conference, anyone?
The Legal AF podcast (I know, I know...) had an interesting take that a better defense would have been, "Oops, it was an honest mistake. Yes, the sordid thing happened, and yes we paid her, but it was my first time running for office and we just kind of lumped it in with "things lawyers do" and thus a legal expense, and didn't pay it any mind thereafter. We weren't trying to do anything malicious, it was just an honest mistake." The idea being such an argument could sow a reasonable doubt in the mind of at least one juror.

Instead it's just the same playbook as ever: never give up the scam, deny, deny, deny, claims it's sunny when it's pouring rain on you, etc.

bird food bathtub
Aug 9, 2003

College Slice

Tenkaris posted:

It's just how he is. He still wants to say he never met EJC and was still trying to say it at closing arguments on the trial for his punishment. He's delusional and thinks he can will the truth away with confident lying.

It's how narcissists are. True, in-their-heart-of-hearts narcissists just do not operate in objective reality. They do this thing where the external world doesn't exist to them, it's all playing on an Etch-a-Sketch in their minds and if they don't like something they just give it a good shake then draw in whatever reality they want. It's one of the more destructive forms of emotional abuse they inflict on people around them. If you're the victim of a narcissist you spend every minute of your entire life impossibly hyper-attuned to what the narcissist is doing so you can spot the split second they do this Etch-a-Sketch and get out ahead of it by playing along with whatever scenario they've drawn in their heads. You have to guess their every action, mood and whim and stay inside the new picture in their head or they are going to target you and blow the gently caress up in a nuclear-volcano rage induced category 5 shitstorm that they will abuse you with.

Rust Martialis
May 8, 2007

by Fluffdaddy

(and can't post for 3 days!)

Tenkaris posted:

It's just how he is. He still wants to say he never met EJC and was still trying to say it at closing arguments on the trial for his punishment. He's delusional and thinks he can will the truth away with confident lying.

I just thought to myself " what if for once DJT wasn't lying - what if he didn't assault EJC and she has actually scored tens of millions of damages on false pretences" and nobody believed his denials.... Part of me wishes it were true but we only find out after she dies and she's left a postmortem confession. The schadenfreude would be insane.

In reality that just proves he did what she said - because I don't think he could stop screaming about it even after two trials.

BigBallChunkyTime
Nov 25, 2011

Kyle Schwarber: World Series hero, Beefy Lad, better than you.

Illegal Hen

Ynglaur posted:

The Legal AF podcast (I know, I know...) had an interesting take that a better defense would have been, "Oops, it was an honest mistake. Yes, the sordid thing happened, and yes we paid her, but it was my first time running for office and we just kind of lumped it in with "things lawyers do" and thus a legal expense, and didn't pay it any mind thereafter. We weren't trying to do anything malicious, it was just an honest mistake." The idea being such an argument could sow a reasonable doubt in the mind of at least one juror.

Instead it's just the same playbook as ever: never give up the scam, deny, deny, deny, claims it's sunny when it's pouring rain on you, etc.

Im just afraid that a hardcore MAGA wormed their way onto the jury somehow and it'll be hung

mdemone
Mar 14, 2001

bird food bathtub posted:

It's how narcissists are. True, in-their-heart-of-hearts narcissists just do not operate in objective reality. They do this thing where the external world doesn't exist to them, it's all playing on an Etch-a-Sketch in their minds and if they don't like something they just give it a good shake then draw in whatever reality they want. It's one of the more destructive forms of emotional abuse they inflict on people around them. If you're the victim of a narcissist you spend every minute of your entire life impossibly hyper-attuned to what the narcissist is doing so you can spot the split second they do this Etch-a-Sketch and get out ahead of it by playing along with whatever scenario they've drawn in their heads. You have to guess their every action, mood and whim and stay inside the new picture in their head or they are going to target you and blow the gently caress up in a nuclear-volcano rage induced category 5 shitstorm that they will abuse you with.

I'm in this post and I don't like it.

Nissin Cup Nudist
Sep 3, 2011

Sleep with one eye open

We're off to Gritty Gritty land




BigBallChunkyTime posted:

Im just afraid that a hardcore MAGA wormed their way onto the jury somehow and it'll be hung

This, and Cohen is a weeny witness even by flipped collaborater standards

Deteriorata
Feb 6, 2005

BigBallChunkyTime posted:

Im just afraid that a hardcore MAGA wormed their way onto the jury somehow and it'll be hung

Then it's a mistrial and they do it again. Not that big of a deal.

FMguru
Sep 10, 2003

peed on;
sexually

BigBallChunkyTime posted:

Im just afraid that a hardcore MAGA wormed their way onto the jury somehow and it'll be hung
The way they were able to find 12 jurors who had no problem quickly convicting Trump in the EJC defamation case gives me hope that MAGA die hards are rare enough that they probably won't end up the Manhattan jury pool.

BigBallChunkyTime
Nov 25, 2011

Kyle Schwarber: World Series hero, Beefy Lad, better than you.

Illegal Hen

Deteriorata posted:

Then it's a mistrial and they do it again. Not that big of a deal.

Unless he's elected. Even though these are state charges, he'd still be the most powerful person in the free world.

Jean-Paul Shartre
Jan 16, 2015

this sentence no verb


FMguru posted:

The way they were able to find 12 jurors who had no problem quickly convicting Trump in the EJC defamation case gives me hope that MAGA die hards are rare enough that they probably won't end up the Manhattan jury pool.

There may be Republicans on the jury, but I doubt there are too many “MAGA die hards” who never posted about it on social media, never had a photograph in a red cap, etc, and so would pass voir dire. And if you’re just a Republican, even one predisposed to believe Trump here, it’s really hard, as a function of how the brain works, to sit there and disagree with a whole room of people you’ve now gotten to know quite well.

It’s this: https://en.wikipedia.org/wiki/Asch_conformity_experiments except you actually see for yourself the two lines are different length as well as hearing everyone else say it.

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Deteriorata
Feb 6, 2005

BigBallChunkyTime posted:

Unless he's elected. Even though these are state charges, he'd still be the most powerful person in the free world.

Even if he's found guilty on all 34 felonies, it's not going to stop him from being elected. You have unrealistic expectations.

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