Go away and don't come back until you learn how the judicial system works.
The Trump Card...
- Thread starter muttly
- Start date
Colorado 14th Amendment Case to Remain in State Court
On 9/6/23, a lawsuit was filed in Colorado state court seeking to disqualify Trump from the state's 2024 presidential ballot on 14th Amendment grounds.
On 9/8/23, Trump's lawyers filed a motion to move the case to federal court.
Later on 9/8/23, the petitioners filed in federal court, and Trump's attorneys did not oppose, a request to move the case back to state court. You can read the filing here.
Excerpt:
... Trump’s removal of this case [to federal court] was baseless. Black-letter law requires remand
[back to state court] because (1) Petitioners lack Article III standing to proceed in federal court, and (2) Trump
improperly removed this matter without obtaining consent of all Defendants.
After Petitioners’ counsel informed Trump’s counsel of these defects, Trump’s counsel
indicated that they will take no position on Petitioners’ remand motion.
For that reason, Petitioners’ counsel respectfully requests that the Court decide
the motion to remand now, without awaiting a response. Petitioners’ counsel conferred
today with Respondents’ counsel by telephone. Both Respondents indicated that they
do not oppose Petitioners’ request for expedited consideration of the remand motion.
On 9/6/23, a lawsuit was filed in Colorado state court seeking to disqualify Trump from the state's 2024 presidential ballot on 14th Amendment grounds.
On 9/8/23, Trump's lawyers filed a motion to move the case to federal court.
Later on 9/8/23, the petitioners filed in federal court, and Trump's attorneys did not oppose, a request to move the case back to state court. You can read the filing here.
Excerpt:
... Trump’s removal of this case [to federal court] was baseless. Black-letter law requires remand
[back to state court] because (1) Petitioners lack Article III standing to proceed in federal court, and (2) Trump
improperly removed this matter without obtaining consent of all Defendants.
After Petitioners’ counsel informed Trump’s counsel of these defects, Trump’s counsel
indicated that they will take no position on Petitioners’ remand motion.
For that reason, Petitioners’ counsel respectfully requests that the Court decide
the motion to remand now, without awaiting a response. Petitioners’ counsel conferred
today with Respondents’ counsel by telephone. Both Respondents indicated that they
do not oppose Petitioners’ request for expedited consideration of the remand motion.
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RLENT
Veteran Expediter
Fulton County Sheriff Comments on Trump Mug Shot
The Fulton County Sheriff was asked to comment about the Trump mug shot in this interview (2:28 in the video). The Sheriff said, "There is still the opportunity for us to hopefully partake in the capitalization of that and then put it back in the Sheriff's office."
While his answer was short and deferential to the lawyers involved in the issue, he does not sound like he believes his office does not own the copyright. He did not say action is being taken regarding the mug shot. He did seem to indicate that lawyers in his office are talking about the possibility.
While the Sheriff's brief response in the interview does not clearly settle the matter, his remarks align with what I've been saying all along. The Fulton County Sheriff's office owns the copyright rights to the Donald Trump mug shot.
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Yes, yes. That’s real accurate. NO Republicans EVER say ANYTHING criticizing Trump. Riiight.
RLENT
Veteran Expediter
Yup.
Those are exactly the folks that are triggered and scared of the prospect of (so-called) "mean tweets" ...
Cite the court case that there is precedent for this.
RLENT
Veteran Expediter
Is This Republican Truth Telling, Throwing Trump Under the Bus, or Both?
This is from a court filing made today by Amy Facchinello, one of the 16 fake electors charged in Michigan.
"'Attorneys for the President specifically instructed Ms. Facchinello that the Republican electors’ meeting and casting their ballots on December 14, 2020, was consistent with counsels’ advice and was necessary to preserve the presidential election contest. Further, an attorney for the President was present at the December 14, 2020, meeting of the presidential electors itself and advised the Presidential Electors, including Ms. Facchinello, that performance of their duties was necessary on behalf of the President and the Constitution,' [Facchinello's attorney] Stablein wrote." (Source)
This is just the beginning. With 16 charged in Michigan, 18 co-defendants in GA, and dozens of unindicted co-conspirators included in multiple indictments, we're going to see Republican after Republican rise to implicate Trump. Employee #4 has done so. Mark Meadows has done so. Numerous Capitol rioters (insurrectionists) have done so. Dozens more will do so.
No amount of Trump bluster, lies, online bashing, or trial delay tactics will save him. Trump is in deep, deep trouble and getting deeper fast.
I can already hear the MAGA people protesting that Trump did not direct anyone in Michigan to do anything. It was his attorney that did the evil deed. So charge the attorney and leave our precious Donald alone. Trump himself may say the same thing.
The problem with that, as we have seen in several instances, is that Trump's attorney's keep contemporaneous notes and sometimes audio recordings. When Trump tries to throw them under the bus, that prompts them to act in their own best interests. These legally skilled people fight back by giving prosecutors a treasure trove of evidence and agreeing to be witnesses against Trump.
I can also hear MAGA complaining this whole business is not fair. The prosecutors are corrupt and politically motivated. This is election interference. Etc. Trump and MAGA have been singing that song for years. But that music does not win in court where the law the facts matter, and in these cases, where Republican after Republican will rise to testify against Trump.
This is from a court filing made today by Amy Facchinello, one of the 16 fake electors charged in Michigan.
"'Attorneys for the President specifically instructed Ms. Facchinello that the Republican electors’ meeting and casting their ballots on December 14, 2020, was consistent with counsels’ advice and was necessary to preserve the presidential election contest. Further, an attorney for the President was present at the December 14, 2020, meeting of the presidential electors itself and advised the Presidential Electors, including Ms. Facchinello, that performance of their duties was necessary on behalf of the President and the Constitution,' [Facchinello's attorney] Stablein wrote." (Source)
This is just the beginning. With 16 charged in Michigan, 18 co-defendants in GA, and dozens of unindicted co-conspirators included in multiple indictments, we're going to see Republican after Republican rise to implicate Trump. Employee #4 has done so. Mark Meadows has done so. Numerous Capitol rioters (insurrectionists) have done so. Dozens more will do so.
No amount of Trump bluster, lies, online bashing, or trial delay tactics will save him. Trump is in deep, deep trouble and getting deeper fast.
I can already hear the MAGA people protesting that Trump did not direct anyone in Michigan to do anything. It was his attorney that did the evil deed. So charge the attorney and leave our precious Donald alone. Trump himself may say the same thing.
The problem with that, as we have seen in several instances, is that Trump's attorney's keep contemporaneous notes and sometimes audio recordings. When Trump tries to throw them under the bus, that prompts them to act in their own best interests. These legally skilled people fight back by giving prosecutors a treasure trove of evidence and agreeing to be witnesses against Trump.
I can also hear MAGA complaining this whole business is not fair. The prosecutors are corrupt and politically motivated. This is election interference. Etc. Trump and MAGA have been singing that song for years. But that music does not win in court where the law the facts matter, and in these cases, where Republican after Republican will rise to testify against Trump.
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For Those Keeping Score at Home
The judges will sort this all out with relative ease. It's amusing to watch the defendants scramble as they abandon the sinking ship.
The judges will sort this all out with relative ease. It's amusing to watch the defendants scramble as they abandon the sinking ship.
As expected, a federal court judge today ordered this case to be returned to Colorado state court.
He doesn't know anything about the copyright law, and says as much in the interview. "we don't know, we'll leave that up to the legal beagles...". Actions speak louder and more clearly than the vagaries of a CNN interview, and so far the "legal beagles" have served no notice to the Trump campaign about copyright infringement; that's because there is none. What's more they knew when they made the decision about taking the mug shot that Trump would use it for campaign purposes and made no effort to intercede on those efforts ahead of time.
There doesn't appear to be any court case precedent either of a local government claiming ownership of the mugshot and litigating it to recoup profits.
The mugshot magazine industry profits over the pictures in it. Most of the statutes enacted are about those companies charging a fee to remove it from the magazine.
Mug shot publishing industry - Wikipedia
Their thoughts are only known to them, and are meaningless anyway. What counts is their actions, or lack thereof in this case. Does any serious person think that Garland and Smith would have passed on the opportunity to indict Trump for insurrection or incitement if there was even the slightest chance that they could make either charge stick? They made the decision to indict on a lot of other flimsy charges, but not those two. They evidently determined the legal and constitutional standards of insurrection had not been met on Jan 6th.
RLENT
Veteran Expediter
Or they are still studying the matter.
How are you privy to what they knew ?
What sort of mental gymnastics are involved in obtaining such insights ?
This was publicly discussed in December of 2020. It was no big secret. The campaign was explaining the strategy for everyone to hear back then. The abortion taking place now is in the criminal justice system politicizing that strategy as criminal acts when they aren’t.
RLENT
Veteran Expediter
Ahh ... so now - in this instance - their thoughts are "only known to them" ...
That seems rather convenient ...
Yes.
Primarily because that ain't how DOJ works.
It's why the Feds conviction rate is as high as it is.
Probably going to find out that those charges were not quite so "flimsy" as one might be inclined to believe ...
Sure sounds like hopeful wish casting to me ...
In any event, the evidence for the assertion is flimsy ... at best.