The Trump Card...

RLENT

Veteran Expediter
Trump nominated for House Speaker.
Texas Clown be clowning ...

:clapping-happy:

Rule 26 of the 118th Congress:

media%2FF7j2m5eX0AAGncC.jpg

:tearsofjoy:
 

muttly

Veteran Expediter
Retired Expediter
For those with the clownish argument that it’s against the rules for Trump to be Speaker, that’s some funnychit right there. Having “rules” never stopped the Dems from ignoring them when they wanted to. See Harry Reid filibuster change or J6 show trial without Republican leadership on it.
Also, the great state of Ohio wants Trump to be the Speaker too. (Jim Jordan)
 
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coalminer

Veteran Expediter
Retired Expediter
Well, we will see how far the MAGA morons go, if every Republican were to vote for Trump to be speaker, then all it would take would a couple of his morons to take out Biden and Harris and Trump will be president again.
 

muttly

Veteran Expediter
Retired Expediter
Especially when the indictment “rule” includes politically weaponized ones, which they all are.
 
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Pilgrim

Veteran Expediter
Retired Expediter
Could be a standard form cover sheet with choices on it. But they checked box because they knew there wasn’t a choice per statute.
This was obviously part of the process that Trump was stuck with. The Democrat state of NY is prosecuting him with a highly biased AG before a bench trial conducted by a judge who has openly expressed bias against Trump. Quoting Engoron:

“If Ms. James has a thing against him, OK, that’s not in my understanding [of] unlawful discrimination. He’s just a bad guy she should go after as the chief law enforcement officer of the state.”

At this point all Trump can hope for is to use the trial to score political points and minimize the financial penalties on the basis of a glaring lack of aggrieved parties. There were no victims of fraud who suffered financial damages, so the $250M figure that AG James is requesting is beyond outrageous. The punishment should fit the crime, and if the final verdict is anywhere near that amount it will be reversed on appeal.
 
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ATeam

Senior Member
Retired Expediter
At this point all Trump can hope for is to use the trial to score political points and minimize the financial penalties on the basis of a glaring lack of aggrieved parties. There were no victims of fraud who suffered financial damages, so the $250M figure that AG James is requesting is beyond outrageous. The punishment should fit the crime, and if the final verdict is anywhere near that amount it will be reversed on appeal.
The presence or absence of victims does not make fraud fraud. Fraud is a crime in itself. A person can be arrested for it not because there were victims, but because fraud was committed. Someone can commit fraud by running an email scam. That act is fraud, even if no one fell for the scam and no people where harmed.
 
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ATeam

Senior Member
Retired Expediter
Interesting Questions RE Bench Trial
  • Did Trump intentionally request a bench trial as the paperwork indicates?
  • Did his attorneys request a bench trial as the paperwork indicates but without asking or telling Trump?
  • Did Trump and his attorneys actually want a jury trial but got a bench trial instead because they mistakenly checked the wrong box?
Legal-expert commentators are astounded that Trump and/or his legal team requested a bench trial. Some say it is legal malpractice for Trump's attorneys to decline a jury trial and choose a bench trial instead. The answers to the above questions are available. The people who completed and signed off on the form know exactly what happened. But if they say nothing, we're all left to wonder.

I don't believe for one second that a mistake was made on the paperwork. With Trump hiring "the best people" for his legal team, and the high stakes associated with this trial, there is no way the form would have been submitted without being proofread multiple times. The box that was checked was intentionally checked. Trump got a bench trial because that's exactly what he and/or his legal team (and also the AG) asked for.
Above, I said, "I don't believe for one second that a mistake was made on the paperwork ..." That was true when I said it. It is not true now. Additional info leads me to believe Trump did not have a choice of a jury trial. New York law does not allow jury trials in cases like this. Judge Engoron himself confirms this.

"A jury trial probably would not have been available under New York Executive Law 63(12), the statute under which the case was brought. That's because the lawsuit only seeks injunctive and equitable relief, and instead of money damages, it seeks the disgorgement of 'ill-gotten gains.'

"The Seventh Amendment protects the right to a jury trial in civil cases involving large cash damages, but New York State precedent holds that disgorgement is equitable.

"Engoron remarked that 'in any event, the remedies sought are all equitable in nature, mandating that the trial be a bench trial, one that a judge alone decides.' Trump's attorney Alina Habba thanked the judge later in the proceedings for making that comment."
(Source)
 
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ATeam

Senior Member
Retired Expediter
Disgorgement

Attorney General James is seeking $250 million for the fraud Trump committed. But these are not damages, it is called disgorgement. There is a very important difference between the two. I'm not going to claim to understand the nuances. I'm only learning the word "disgorgement" today. But it appears this distinction will become increasingly important as the trial proceeds.

Former Trump attorney Michael Cohen has suggested the $250 million is only a base number. He thinks the disgorgement amount will be over $600 million.
 
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ATeam

Senior Member
Retired Expediter
Trump Appeals Judge's Finding of Fraud

To no one's surprise, Trump appealed Judge Engoron's ruling that Trump committed fraud. I'm glad Trump quickly filed this appeal. Now the higher court can move quickly to uphold the ruling and Trump can be held accountable. Yes, the higher court could find in Trump's favor and reverse Judge Engoron. But I don't think that is likely.

 
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Pilgrim

Veteran Expediter
Retired Expediter
Apparently Trump could've been denied a jury trial even if he had requested one.

"Trump's legal team did not request a jury for his fraud trial in New York. But even if they had, it wouldn't have guaranteed a Jury...
Even if the Trump legal team did formally request a jury, that does not mean their request would have been granted. In addition to
confirming that neither side sought a jury trial, Judge Arthur Engoron also explained in court that state law does not allow for juries when suits seek not only money but a court order setting out something a defendant must do or not do."

 

muttly

Veteran Expediter
Retired Expediter
Do you mean to tell me, they are not.
Maga is complaining about just the thing you are saying.
Just read some of the comments posted right here on EO.
Most of it is utter nonsense.
That’s false.The jury trial wasn’t available to him because the statute doesn’t allow it.
What is nonsense is the amount of legal “experts” gaslighting their audiences on Fake News falsely claiming that the lawyer screwed up.

IMG_4750.jpeg
 
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muttly

Veteran Expediter
Retired Expediter
Disgorgement

Attorney General James is seeking $250 million for the fraud Trump committed. But these are not damages, it is called disgorgement. There is a very important difference between the two. I'm not going to claim to understand the nuances. I'm only learning the word "disgorgement" today. But it appears this distinction will become increasingly important as the trial proceeds.

Former Trump attorney Michael Cohen has suggested the $250 million is only a base number. He thinks the disgorgement amount will be over $600 million.
I'm sure they'll pull that number out of their....too.
 
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ATeam

Senior Member
Retired Expediter
That’s false.The jury trial wasn’t available to him because the statute doesn’t allow it.
What is nonsense is the amount of legal “experts” gaslighting their audiences on Fake News falsely claiming that the lawyer screwed up.
This is not gaslighting. Gaslighting is "1. the use of psychological manipulation to undermine a person’s faith in their own judgment, memory, or sanity. 2.the practice of deceiving people through the repetition of a constructed false narrative." (Dictionary.com)

It was a surprising error made by several of the legal experts I regularly listen to. One of my favorites is Neal Katyal. He made the error too. I listen to him because he is almost always right. When he says an appellate court will rule in a certain way, that turns out to be true. When he says a certain argument made in court is flawed, that too turns out to be how the judge rules. I have been listening to him for years and this is the first time I have seen him make a mistake like this.

That was a surprise. But I'm not going to dismiss the man because of a single error. He knows the law better than me, and I will continue to weigh his views above most others who are talking on TV. As a practicing attorney, he has argued 41 cases before the US Supreme Court in the last decade. People would hire him to do that if they did not deem him competent.

If he makes another error, I'll acknowledge that, just as I'm acknowledging this one. He is to me not an idol, and I am not his fan boy. Katyal is a competent attorney who, almost always, explains things well.
 
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