The Trump Card...

ATeam

Senior Member
Retired Expediter
Colorado 14th Amendment Rulings Appealed by BOTH Parties

When Colorado state court judge Wallace ruled in Trump's favor and ordered the CO Secretary of State to include Trump on the ballot, Trump rightly said this was a major victory for him. And the plaintiffs said they would appeal.

Now, news is breaking that BOTH Trump and the plaintiffs have appealed Judge Wallace's rulings to the state supreme court.

While it seems odd that Trump would appeal a case he clearly won, it is not odd when you understand the full scope of the case and the rulings. The judge actually made 10 rulings. Nine of them were in favor of the plaintiffs. The "big one," the one that kept Trump on the ballot, was the sole Trump win in this case.

Below, is a chart that shows the rulings as they currently stand. (Source) With both parties now appealing, all of these rulings will be reviewed by the state Supreme Court, and we'll soon learn how that court rules.

What is the likely outcome? Based on what my favorite and usually correct legal experts say, all rulings for the petitioners will be upheld by the State Supreme Court, and the sole ruling that gave Trump a win, and kept him on the ballot, will be reversed. While we of course don't know what the outcome will be, it's the outcome I believe to be most likely.

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Pilgrim

Veteran Expediter
Retired Expediter
Colorado 14th Amendment Rulings Appealed by BOTH Parties
Based on what my favorite and usually correct legal experts say, all rulings for the petitioners will be upheld by the State Supreme Court...
Just out of curiosity, which legal experts are saying this?
 
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ATeam

Senior Member
Retired Expediter
Truth Social Troubles

Trump filed suit against 20 media companies claiming defamation. He says the company did not lose $73 million as these news outlets reported. And he says (perhaps correctly) that the company suffered substantial harm because of the false reports.

The company lost only $31 million during the time period in question. Some of the outlets have corrected the figure they previously reported. While Trump may have a legitimate defamation point to make in court, his filing (not the media reports) still says this:

"Digital World has until September 8, 2024 to consummate a business combination. It is uncertain that Digital World will be able to consummate a business combination by this time. If a business combination is not consummated by this date, there will be a mandatory liquidation and subsequent dissolution of Digital World. Additionally, Digital World has incurred and expects to incur significant costs in pursuit of its acquisition plans. Digital World lacks the financial resources it needs to sustain operations for a reasonable period of time, which is considered to be one year from the date of the issuance of the financial statements. As a result, these factors raise substantial doubt about Digital World’s ability to continue as a going concern." (Source)

Truth Social is in deep financial trouble. Per their own report, there is "substantial doubt" about its "ability to continue as a going concern."
 
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ATeam

Senior Member
Retired Expediter
Just out of curiosity, which legal experts are saying this?
Andrew Weismann, Laurence Tribe, Neal Katyal, Michael Luttig (conservative retired judge), and others.

I do not have exact quotes. It is my sense from listening to these experts' analyses over the last few days that the nine findings for the plaintiffs (chart above) will be upheld by the CO Supreme Court.

By listening to these experts, I learned the difference between a finding of fact and a point of law. Appeals courts give great deference to the findings of fact that come out of a lower-court trial where evidence is presented and both sides are argued. Unless there is obvious error, appeals courts generally do not reverse findings of fact.

The "officer" ruling is a point of law on which the judge committed reversible error, these experts say. The higher court is likely to reverse the "officer" ruling because it is not legally sound. If that happens, the effect would be to disqualify Trump from the CO presidential ballot.

The appeals have been filed. Arguments are scheduled for Dec. 6. Having read the brief, Luttig (a retired US appeals court judge) said, "This is the most powerful, most compelling brief on a question of (profoundly important) constitutional law that I have ever read. There is simply no answer to the constitutional case made by @CREWcrew." Tribe calls it "bulletproof" and says it "comes as close to being irrefutable as a legal argument can get."

Lower-court Judge Wallace agreed with these experts and the plaintiffs in nine out of 10 rulings she made. I'm watching with great interest to see what the CO Supreme Court decides about her "officer" ruling. However the higher court rules, their ruling is likely to be appealed to the US Supreme Court ... which is exactly what the plaintiffs, Luttig, Tribe and others want.

They believe the case for excluding Trump on 14th amendment grounds is strong, and that the US Supreme Court will so rule. That would make this the law of the land and thereby establish that Trump's crimes render him ineligible to be on any presidential ballot in any state.

Expecting Trump's usual ineffective legal arguments, and since the experts I listen to usually turn out to be right, I have not dug deep to find commentary on the brief Trump's filed. If you are interested, you can read it here.
 
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Ragman

Veteran Expediter
Retired Expediter
Donald Trump is Not Well

Normal people don't talk like this. Healthy people don't talk like this. Stable people do not talk like this.

View attachment 23340
Unfortunately, America has a very serious problem.
There is a good chance this deranged person could once again become the President, only this time he has promised to do unrepairable damage to the country. The problem is not him, he can be stopped. The problem is the cancer he has unleashed upon us..... the Maga millions that adore and cherish the ground he walks on as if he was the Second Coming.
 
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ATeam

Senior Member
Retired Expediter
Unfortunately, America has a very serious problem.
There is a good chance this deranged person could once again become the President, only this time he has promised to do unrepairable damage to the country. The problem is not him, he can be stopped. The problem is the cancer he has unleashed upon us..... the Maga millions that adore and cherish the ground he walks on as if he was the Second Coming.
Cancer does not exist by itself. It develops in the cells of a body. Once cancer (authoritarianism/fascism in this analogy) develops, one of two things happen. The cancer is eradicated by the body's immune system and treatment, or it spreads to kill additional tissue and possibly the body (American democracy) itself. Either way, cancer has no future. By its very nature, cancer is doomed to die.

At present, this cancer is most developed in the Republican Party, and we're seeing it kill Republican entities. Examples include state Republican Party organizations where infighting, corruption and incompetency lead to weakness if not full collapse. Another example is the House Republican caucus that has been far more dysfunctional and ineffective than the Democratic caucus when they had the same thin majority.

I have said before that we are witnessing the demise of the Republican Party. This demise is not pretty and it is not instant, but it seems to me that the Republican Party will die from this cancer, not the nation as a whole. And once that cancer has run its course, the nation can recover to live healthy once again.
 
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Ragman

Veteran Expediter
Retired Expediter
Cancer does not exist by itself. It develops in the cells of a body. Once cancer (authoritarianism/fascism in this analogy) develops, one of two things happen. The cancer is eradicated by the body's immune system and treatment, or it spreads to kill additional tissue and possibly the body (American democracy) itself. Either way, cancer has no future. By its very nature, cancer is doomed to die.

At present, this cancer is most developed in the Republican Party, and we're seeing it kill Republican entities. Examples include state Republican Party organizations where infighting, corruption and incompetency lead to weakness if not full collapse. Another example is the House Republican caucus that has been far more dysfunctional and ineffective than the Democratic caucus when they had the same thin majority.

I have said before that we are witnessing the demise of the Republican Party. This demise is not pretty and it is not instant, but it seems to me that the Republican Party will die from this cancer, not the nation as a whole. And once that cancer has run its course, the nation can recover to live healthy once again.
I hope you are right, for our childrens sake, as I don't think I will be on this side of the dirt long enough for recovery.
 
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muttly

Veteran Expediter
Retired Expediter
Donald Trump is Not Well

Normal people don't talk like this. Healthy people don't talk like this. Stable people do not talk like this.
Is it the name calling that isn’t liked? Trump has been called names like Knotsie, Fashist, and an existential threat to Democracy if elected. How is that any different than what Trump has said?
 
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ATeam

Senior Member
Retired Expediter
Role Model Trump?

"The number 1 hurdle for Donald Trump is that I’ve never met a mom, or a dad— a grandpa, or a grandma that have told me they want their son, daughter, or grandchild to grow up to be like him”

Bob Vander Plaats, Iowa evangelical leader
 

ATeam

Senior Member
Retired Expediter
New York Appeals Court Reinstates Trump Gag Order

Now that the appeals court has upheld the gag order (unanimous decision), Judge Engoron's hand and confidence are strengthened in enforcing it.

 
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muttly

Veteran Expediter
Retired Expediter
Back in the day OJ Simpson’s lawyer Johnny Cochran used to accuse the prosecution, judge, and police of railroading his defendant. And he said it before, during, and after the trial.
 
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ATeam

Senior Member
Retired Expediter
This One's Big

Almost every week, there are court rulings of various types regarding Donald Trump. Many are of minor consequence or about procedures. One that was announced today by the DC US Court of Appeals is "enormously consequential," as one legal expert put it (Honig).

It's about the presidential immunity claims Trump has raised. The issue is settled now, and not in Trump's favor. Because it is a appeals court ruling, it can be referenced by the lower courts. It is especially noteworthy that the finding will be persuasive in Trump's civil AND criminal cases. A major question has been answered that frees plaintiffs, prosecutors, and all courts to move ahead.

The key finding is: The Trump activities of Jan 6 that are in question lie outside the scope of his official duties as president.

 
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