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Fart Amplifier posted:Yes, no poo poo that civil courts decide damages. That's not relevant. Technically, in a criminal trial you just have to prove that it's VERY likely someone did. If you had to actually prove it then guilty verdicts would be a lot more rare.
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# ¿ Sep 7, 2023 01:11 |
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# ¿ May 17, 2024 15:56 |
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GlyphGryph posted:... you do realize that this is exactly the sort of factual question that would be answered by a case in civil court, right, if anyone did have sufficient evidence he wasn't born in the US? Just like the insurrection question for Trump. You're acting like "what if Obama had to play by the same rules" as a reason for Trump being allowed to play by different rules, it makes no sense. I should note that Obama did have to play by the same rules. Republicans filed lots of challenges and litigation to throw Obama off ballots due to the birther conspiracies, and they failed. And it was where the question is suppose to be answered, and it was.
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# ¿ Sep 12, 2023 18:31 |
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Fart Amplifier posted:Please post evidence that the courts can presume guilt for these purposes. Doing a crime is not part of your job.
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# ¿ Sep 26, 2023 00:04 |
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Fart Amplifier posted:You're confused. None of these arguments are being presented to defend against the crime. They are to determine if there is a colorable argument to be made that the facts involved in the case revolve around his federal duties. He is likely to argue that he did not commit a crime and that the actions he did take fell under his federal duties. The thing you don't get is, if you're claiming that you should be tried in federal court for the crime you are being acccused of because the president told you to do it... you are still actively saying that the president told you to do a crime which is never in your purview of duty. He can't attempt this without this, so it's a literally impossible hill.
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# ¿ Sep 26, 2023 06:54 |
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News happened while people were too busy posting about jizz. https://www.cnn.com/2023/09/29/politics/jeffrey-clark-fulton-county-removal/index.html Long story short: None of the trials are being removed to federal court. Clark simply didn't have any evidence that what he did was part of his job, so the fact that it was a crime didn't even get to enter into it. Pretty much the same for the fake electors.
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# ¿ Sep 30, 2023 23:40 |
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BiggerBoat posted:Serious question here and something I've heard kicked around in RWM circles but: Donald Trump gave fake documents to the bank's appraiser and had the money to make them convincingly fake. That's why it was fraud.
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# ¿ Nov 10, 2023 03:35 |
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RoboChrist 9000 posted:Because there is a ticking clock before the case potentially goes away and takes democracy with it? They want a 100% chance of victory purely because what you said. The more airtight the case is, the harder it will be for all but his most devoted followers to listen to him and decide he's right when he screams prosecution. This is not a case you half-rear end because you're cocky that you got him.
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# ¿ Nov 14, 2023 13:40 |
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Gyges posted:Nobody is leaning Trump, but just can't get past his lack of convictions. It's okay, soon Trump will have plenty of convictions.
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# ¿ Dec 8, 2023 22:33 |
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Zapp Brannigan posted:Absolutely it was assembled by hand from multiple sources, each on their own less damaging/classified, than when they are all together. That's the definition of SCI information. No other gears in the clock know what all the others are doing, just that when they do their job, the clock works. It makes perfect sense for a small number of people to have put the binder together by hand. None of this makes sense. Everything is effectively put together by hand in the intelligence business. Everything is pulled together from multiple sources. It still get digitized anyways.
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# ¿ Dec 16, 2023 03:23 |
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Nervous posted:What? It exists in the US as well. It even predates the UK one by like 30 years!
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# ¿ Jan 28, 2024 18:33 |
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Fart Amplifier posted:It's not a nothingburger. There are serious problems with Fani Willis's potential misconduct here that, if true, should get her disqualified. Liz Dye's new Law and Chaos podcast has Andrew Fleischman on to break it down if you're at all interested in why there is a huge problem. I mean, it's not like Andrew Fleischman is a neutral party in all of this, as he has a specific grudge against Fani. Considering the other lawyers I've seen who go "This is literally a 0% issue for Fani in the court." I'd be more inclined to believe them than the guy who has posted 50 articles called "The Case Against Fani Willis?" in the past six months, long before anything ever came up.
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# ¿ Feb 3, 2024 22:28 |
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Hieronymous Alloy posted:By precedent and standard procedure, it should not matter; as has been pointed out, there have been cases with married attorneys representing counterparties in cases and it was deemed a non-issue. Fleischman’s going for the “she was intentionally extending the investigation as long as possible to pay her husband more” which is why I think he’s kind of not being particularly neutral here.
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# ¿ Feb 3, 2024 22:43 |
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Fart Amplifier posted:You're being dishonest. He was the one who created that example out of nothing. I can’t find anyone else saying that. And if that’s the best you got, then you got nothing. He was arguing that if you could come up with ANY possible conflict of interest then the trial must be redone. Also it’s just weird that it’s a conflict of interest for the prosecutor and an investigator working for the prosecutor to be married. They’re on the same side! Where is the conflict? Kchama fucked around with this message at 00:03 on Feb 4, 2024 |
# ¿ Feb 3, 2024 23:57 |
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mobby_6kl posted:Oh hey my sixer just expired. “Just as here, the guilt or innocence of those accused was irrelevant. The conflict of interest required a new trial.” Direct quote from an article he wrote, suggesting that the idea of a conflict of interest being possible meant that it required a new trial in this case here too. Fart Amplifier posted:The conflict of Willis's interest is between Wade and the public. That doesn’t really seem the kind to require a new trial entirely, since it doesn’t seem to be actually negatively affecting the case or Trump, even if there was anything. There’s a reason why prosecutors being married or lawyers in general doesn’t auto-cause a case retrial. mobby_6kl posted:Forum cops I saw it, too. Also he was drooling at the prospect of the case being thrown out, hoping that his preferred prosecutor would get the case as a “best case” result.
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# ¿ Feb 4, 2024 00:11 |
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I’ll note that in his article his example of a conflict of interest that got the trial restarted was of a judge and a prosecutor who were having a secret, illicit relationship. But that’s different from this situation.
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# ¿ Feb 4, 2024 00:25 |
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mobby_6kl posted:The DA is, obviously, supposed to want to lock him up, so there's no issue there of course. Uh let me apologize. I misread that quote because I was sick as hell yesterday and my brain was working at a much lower level than I realize. I am sorry.
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# ¿ Feb 4, 2024 13:21 |
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The Question IRL posted:In fairness "the appearance of conflict" is a legitimate reason for judges to recuse themselves in trials. (The classic example being that one of the parties is related to the judge. You don't have to prove that the judge is conflicted, just that to a 3rd party there I'd the appearance of a conflict of interest.) Uh, you do realize that the investigator is literally someone who works for the prosecutor and is working on their behalf, right? This isn't like the prosecutor is boning a police investigator or something. This is exactly like two prosecutors working on the same case boning. Would that be a conflict of interest? No, of course not. That is what unbiased lawyers and prosecutors have been saying, because it'd stupid to say that would somehow affect the case in a way that matters. That's why the only example of it being a conflict of interest that the guy could come up was "well she could have sabotaged the trial so it takes longer so her husband gets paid more" which would be pretty hard to argue unless you already had a grudge against her and wanted her off the case. Scags McDouglas posted:I think you might be misconstruing my first point, which was fundamentally "worst case scenario, not that bad". I was proposing the literal, hypothetical worst, not something that happens often in practice. I believe the quote was that the evidence Willis provided made it clear that there was a 0.00001% chance of there was any wrong-doing, and only that high because you can never know for sure. Kchama fucked around with this message at 16:06 on Feb 4, 2024 |
# ¿ Feb 4, 2024 16:02 |
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Scags McDouglas posted:I'm completely with you on the point that there was no wrong-doing from a legal perspective, I'm talking about a practical perspective if it impacts the case, period. If the issue isn't legal then it doesn't matter as far as the trial is concerned, therefore the case is unaffected. Otherwise it just seems like you're arguing for doing nothing since even crossing your Ts and dotting your is perfectly can potentially effect the case some minute amount. Since hell, according to the evidence Fani provided, that is exactly what was done with regards to the relationship.
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# ¿ Feb 4, 2024 16:25 |
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Scags McDouglas posted:Sir there actually is a gap between "nothing" and "sex with a coworker / subordinate". As long as you do what you're supposed to with regards to reporting and following procedures, then there is actually no gap in the eyes of the law and the rules. And according to experts, she did that. Again, the only scenario that even the guy crusading against her could come up with that it would matter was laughably far-fetched when you look at reality. Kchama fucked around with this message at 17:27 on Feb 4, 2024 |
# ¿ Feb 4, 2024 17:24 |
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The Question IRL posted:Yes but this is something that isn't unique to the Trump case alone. Whomever Willis boss was, as soon as they knew about the relationship should have basically said "you both can't be on the same cases together as the optics looks bad and we need to appear professional. " Does it? Like, not even the anti-Fani guy or the Trump team is alleging any of that. Because it doesn't really make any sense as a "conflict of interest". If they were such easy questions that could tie a judge's hands, then surely the people who want to see Fani gone would be posing them.
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# ¿ Feb 4, 2024 20:50 |
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Gyges posted:I don't think even Alito and Thomas want to touch this idiocy. It's impossible to craft a ruling that wouldn't also apply to any Democratic President, and most of the poo poo that Donny is on trial for is things they don't want Democrats doing. Maybe they've got some sort of weird trick lined up to get Trump and only Trump out of this pickle, but they're 100% not going to rule that Presidents can't be punished for any crimes outside a successful Impeachment. I mean they could just pull a Bush V Gore and have the ruling say that the ruling only applies to this case and not to any other.
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# ¿ Feb 7, 2024 01:33 |
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Yep, there's literally nothing to it if they have to pivot to this.
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# ¿ Feb 7, 2024 21:00 |
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Paracaidas posted:Bower and Lawfare generally are usually a bit better than this tweet, as despite being accurate it leads to this misconception. Trump already adopted the relationship motion and the Feb 2 reply to the state's opposition - this filing covers what Roman's reply left untouched, that something said in the speech merited disqualification. We’re talking about it with regards to Trump’s case. If something else comes out of it, okay, but if it doesn’t disqualify her or anything with regards to the case, then it’s a nothingburger. But again, if they have to jump to obvious BS, then they can’t be terribly confident in the relationship accusation.
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# ¿ Feb 8, 2024 05:59 |
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Fuschia tude posted:Does it? The court's already held that states can force their states' electors to vote for their state's winner. If Trump's disqualified those states can just throw out his invalid electors and go with the next highest slate. I think his point is that if Trump wins and it is challenged then the SC is just gonna go "Well it happened, can't stop it now Trump is President by default by the way this decision is not allowed to be used as precedent for Democratic candidates."
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# ¿ Feb 8, 2024 16:43 |
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dr_rat posted:Can the high court just outright say "this decision is not allowed to be used as precedent" or do they have to be tricky about the word of the ruling. Technically it's complete bullshit, but the SC can do whatever it wants.
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# ¿ Feb 8, 2024 17:16 |
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Fart Amplifier posted:This does not bode well for Willis. It literally didn't matter. As he said, the big issue was going to be the 'close friend', but the close friend literally had zero evidence and admitted that it was just "Yeah I heard a rumor about something, maybe." which is not convincing. Kchama fucked around with this message at 20:56 on Feb 15, 2024 |
# ¿ Feb 15, 2024 20:53 |
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Caros posted:The dodge doesn't really work because the specific wording is 'between the date of your marriage and present', to which he was absolutely lying. He explained that he answered as if "since your marriage ended" even if they hadn't officially separated before then, and the judge went "Yeah, makes sense" and moved on. Also I think the wording was "between your marriage ending and your separation to present." so there's a gap in between those, since he didn't get officially separated until much later for various reasons.
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# ¿ Feb 15, 2024 21:10 |
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rkd_ posted:Can anyone explain the conflict of interest? There wasn't really anything to begin. The Trump lawyer argument is that the entire case was a scam to funnel money to Wade and wouldn't have been prosecuted in the first place if it wasn't for the relationship. The non-Trump guy's argument was that Willis sabotaged the case and artificially lengthened it to pay Wade more, which is pretty laughable due to my reply to volts5000. volts5000 posted:Do public prosecutors get money per case or are they salaried? If he wasn't working the Trump case, he'd be working a different case so the only thing he'd be earning is "clout". He's private, so former. According to his receipts he actually lost potential money because he did a lot more work than he could legally bill for.
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# ¿ Feb 15, 2024 21:46 |
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Fart Amplifier posted:No? Please be clear about what you're responding to and why you think it means what you're saying. You should probably read what you posted to find out why it could be different. Hint: It was because Willis had ran a fund-raiser for the Democratic that the person charged decided to run against. That's actually substantial.
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# ¿ Feb 15, 2024 23:57 |
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Fart Amplifier posted:I'm not sure what point you think you're trying to make but it very clearly was distinguished in my original comment on the topic. Her client isn't the public. Her client is the government. As long as she crosses her ts and dots her is with regards to their requirements, she can basically does what she want to. And to all accounts she has done just that. You confused people because you replied to someone talking about how prosecutors are allowed to be biased against defendants with the time she was DQ'd over having a conflict of interest versus the defendant, which is something else entirely. One could reasonably infer that she could have brought her cast against that defendant based on a conflict of interest against her because she had donated to his opponent. There's nothing like that in this case. Ms Adequate posted:In all fairness, it is fairly trivial to argue "Wade may have taken a pay cut but being part of a team that, he expected, would successfully prosecute Trump would grant him enough cachet to ensure his position as one of the most sought-after prosectors in the country, and secure potentially an entire career of high paying cases, more than making up for the haircut he took here." Indeed, but then in that case literally all lawyers would be DQ'd for any important case.
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# ¿ Feb 16, 2024 01:45 |
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The Ol Spicy Keychain posted:Why is the prosecutor for this case on the stand and being grilled about possible legal wrongdoings she may or may not have done? Seems like this whole case is already turbo hosed if the prosecutor is the one in the headlines Because judges have to evaluate claims as long as there's the slightest possibility they could be up to snuff, and that's a very low bar. Otherwise, it could be the basis of an appeal. So stupid poo poo like this has to be entertained so the case doesn't get thrown out.
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# ¿ Feb 16, 2024 02:29 |
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Fart Amplifier posted:I didn't say there was anything like that in this case. I was explaining that there's a difference between "don't need to be impartial" and "conflict of interest against the defendant". They do not need to be impartial. That is not what the DQ you posted was about! However, with the prior work she did for his opponent, there could easily be a Conflict Of Interest against him. Which is why she was DQ'd from the case. In short, prosecutors are allowed to not like someone. This is what is meant by "They do not need to be impartial". They aren't allowed to materially benefit in some way outside of the normal job benefits from prosecuting someone. That is what happened in that case.
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# ¿ Feb 16, 2024 05:52 |
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Hasn't it been stated before that the judgement is nonappealable?
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# ¿ Feb 17, 2024 19:20 |
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Hieronymous Alloy posted:Anything is appealable but both recent judgements against Trump require large "appeal bonds" -- in effect, you you have to pay down enough money into the Court's bank to cover the judgment in order to appeal it. If you win you get your money back. Someone was talking about that the Appeals Court already ruled that the verdict wouldn't be appealable in this case, but I didn't pay much attention to it. Something about how part of the case had already basically been declared 'proven'.
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# ¿ Feb 17, 2024 19:35 |
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Hieronymous Alloy posted:May have been referring to the E. Jean Carroll defamation case. The procedural history there is a bit tangled but basically it's too late for him to dispute that she was telling the truth. Ah, that makes a lot of sense, thanks. The deadline is one month from the judgement.
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# ¿ Feb 17, 2024 19:48 |
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Main Paineframe posted:She runs the office. All the other prosecutors in the office are her employees and subordinates, and therefore highly vulnerable to potentially being influenced by her. “She can influence the prosuectors” isn’t actually a thing that can DQ her. The thing that is suppose to be DQing her is the idea that she was sabotaging the trial and making it take sooooo long because she was trying to pay her boyfriend extra. Or something like that. They never really had a good theory, but the judge still has to hear it out.
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# ¿ Feb 28, 2024 03:20 |
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Paracaidas posted:MPF's comment Oh, yes, that’s correct. Sorry.
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# ¿ Feb 28, 2024 03:48 |
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small butter posted:Is there any charitable reading of why the Supreme Court would take up the Trump immunity case? They can both delay the cases some (good for Trump) and tell Trump he does not have presidential immunity (good for them).
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# ¿ Feb 29, 2024 02:48 |
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If they're hearing this in April then that IS lightning fast for the Supreme Court. I don't think anyone is really hoping for the courts to defeat Trump for us, though. This is just literally the thread to talk about his legal issues so of course we are focused on his court cases.
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# ¿ Feb 29, 2024 18:35 |
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# ¿ May 17, 2024 15:56 |
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Hieronymous Alloy posted:Ah, ok.. They didn't seem to have in the first place, considering the defense had to rely on a sexual assaulter who lied and then said "please don't put my lies on the record". Oxyclean posted:Someone responding to "Trump squeaked by despite a majority not voting for him" with "American politics has always required an electoral college victory" feels nearly like a non-sequitur then "describing reality" with regards to someone's concern about Trump gaining power again because the courts were not able to punish his criminal behavior in time. That is indeed known as 'describing' not 'endorsing', despite you trying to reframe it.
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# ¿ Feb 29, 2024 23:37 |