The Trump Card...

Pilgrim

Veteran Expediter
Retired Expediter
Levin is making a valid point based on the opinions of other legal experts. To attack the messenger is a lame way to avoid the substance of the argument, which explains why the 8th Amendent definitely applies in this case. So far there's been no substantive counter-argument as to why it doesn't.

"In “Stalinist $370M judgment against Trump should be vacated immediately,” Arthur Fergenson, senior counsel with Ansa Assuncao LLP, explains both the “Stalinist” nature and 8th Amendment violation of Judge Arthur Engoron’s onerous decree:
Professor Jonathan Turley called the $370 million judgment confiscatory, extreme and abusive. Professor Steven Calabresi termed it a travesty and an unjust political act. The subhead for his online commentary employed the term ‘Stalinist.’ Both law professors are right.
“Because the judgment does not relate to any loss, the $370 million is not, properly understood, violative of the prohibition against grossly excessive punitive damages. It does fall, however, directly within the excessive fines clause of the Eighth Amendment to the United States Constitution.”
As Levin, Fergenson, Turley, Calabresi and a host of other constitutional experts have noted, the fine is extraordinary, not only because of its unprecedented size, but also because it punishes Trump for a fraud conviction, in which no one was actually defrauded."

 
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ATeam

Senior Member
Retired Expediter
Levin is making a valid point based on the opinions of other legal experts. To attack the messenger is a lame way to avoid the substance of the argument, which explains why the 8th Amendent definitely applies in this case. So far there's been no substantive counter-argument as to why it doesn't.
In any major case, legal experts rise on both sides of the issue. That's what lawyers do. They pick a side and argue for it. If they are on the losing side, that does not make them non-experts. It does make their argument wrong. The experts could do as fine of a job arguing one side as the other. In the end, it's not about the expert, it's about the law, as determined by a judge and/or jury.

You can repeat an expert's words all you want. It's the outcome that matters.
 
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Pilgrim

Veteran Expediter
Retired Expediter
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ATeam

Senior Member
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muttly

Veteran Expediter
Retired Expediter
Testimony begins at 2pm today. This would give TWO corroborating witnesses along with the cell phone data contradicting statements made by Wade and Willis under oath in court.
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ATeam

Senior Member
Retired Expediter
Testimony begins at 2pm today. This would give TWO corroborating witnesses along with the cell phone data contradicting statements made by Wade and Willis under oath in court.
This source you are citing, Phil Holloway; I have added him to the list of people I follow on Twitter. While he is clearly on the conservative side of the political spectrum, his comments are clear and logical.
 
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ATeam

Senior Member
Retired Expediter
Shame on Letitia James

After delivering a devastating blow to Trump by winning the massive civil fraud case she brought against him, NY AG James has taken up taunting Trump on Twitter (X) by posting daily reminders of the $112,000 dollars in interest that is accruing every day on the judgment Trump was ordered by the court to pay.

This is unprofessional and unhelpful. I can understand the impulse James has to do this. Trump trolled and insulted her in vicious ways, non-stop since James brought this case forward years ago. But that is not an excuse for her to do this. She is an elected official and the state's top prosecutor. Her behavior should be more dignified and respectful than what Trump showed her.

 

muttly

Veteran Expediter
Retired Expediter
Shame on Letitia James

After delivering a devastating blow to Trump by winning the massive civil fraud case she brought against him, NY AG James has taken up taunting Trump on Twitter (X) by posting daily reminders of the $112,000 dollars in interest that is accruing every day on the judgment Trump was ordered by the court to pay.

This is unprofessional and unhelpful. I can understand the impulse James has to do this. Trump trolled and insulted her in vicious ways, non-stop since James brought this case forward years ago. But that is not an excuse for her to do this. She is an elected official and the state's top prosecutor. Her behavior should be more dignified and respectful than what Trump showed her.

James has been “trolling” Trump even before she was elected. Her unprofessionalism has been on display ever since.
Also, wondering how James posting daily money totals on X is playing with the SCOTUS who may eventually get this appeal. They might want to send a clear message in their ruling that this selective prosecution, extremely excessive penalty, and then the prosecutor spiking the football daily on a defendant that still has rights to appeal, has no place in our criminal and judicial system.
 
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ATeam

Senior Member
Retired Expediter
Also, wondering how James posting daily money totals on X is playing with the SCOTUS who may eventually get this appeal.
So am I. In that regard, James's taunting of Trump seems short-sighted and irresponsible. She worked hard to win this case. It makes no sense to me that she is now taunting Trump in the hearing of future judges or justices she may have on appeal. Her taunting is not illegal and it does not change the facts of the case that was completed. And it does not change the ruling and Trump's obligation to pay. But it seems just stupid to me to taunt a plaintiff like a child when the bigger matter will almost certainly be considered by a very serious higher court. This taunting undermines Jame's credibility as a professional.
 

ATeam

Senior Member
Retired Expediter
Maybe the Fulton County RICO Case Can Get Back on Track Now

We've watched a dust-up in recent weeks where Fani Willis critics hoped to see her disqualified from the above-mentioned case. Short story, the defendants failed to produce evidence sufficient to justify disqualification. No bombshell. Dud instead. The judge is unlikely to disqualify Willis from the case.

Remember, a financial conflict of interest must be shown to disqualify Willis. While the Willis/Wade romance qualifies them for the stupid couple of the year award, no evidence of a financial conflict of interest has been shown; at least not in a way that meets the rules of evidence. The defendants' case did not grow stronger today. They put a witness on the stand who had nothing substantive to offer.

Today's hearing was an evidentiary hearing. Closing arguments will be heard on Friday.
 
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muttly

Veteran Expediter
Retired Expediter
Witness Bradley’s testimony strains credulity. He wasn’t being truthful on the stand. We now have three lawyers that went on the witness stand, and under oath lied to the court. How is that not a fireable offense for both prosecutors Wade and Willis from a case that the defendants are accused of doing the same thing? The judge would have to condone lying under oath from the prosecutors in his courtroom. No one’s above the law.
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muttly

Veteran Expediter
Retired Expediter
He makes a good point. The judge is bound to protect the due process rights of the defendants.
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Pilgrim

Veteran Expediter
Retired Expediter
Witness Bradley’s testimony strains credulity. He wasn’t being truthful on the stand. We now have three lawyers that went on the witness stand, and under oath lied to the court. How is that not a fireable offense for both prosecutors Wade and Willis from a case that the defendants are accused of doing the same thing? The judge would have to condone lying under oath from the prosecutors in his courtroom. No one’s above the law.
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Bradley was the poster boy for an "uncooperative witness" on a hot seat, but his hedging and claims of speculation could not save him from his "absolutely" response in that text message. If he had texted something more vague like "probably" he might have gotten away with it, but Merchant had him dead to rights and he knew it. He screwed up and couldn't take it back.

The judge will consider the entire body of evidence showing the appearance of impropriety, not just Bradley’s two hours of half truths and memory loss. He has yet to rule on releasing the contents of the Wade-Willis texts; that will come Friday and could seal the deal. He knows what's in them. That could also be the day he disqualifies Willis and her office from the case. The appearance of impropriety is overwhelming.
 
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muttly

Veteran Expediter
Retired Expediter
Bradley was the poster boy for an "uncooperative witness" on a hot seat, but his hedging and claims of speculation could not save him from his "absolutely" response in that text message. If he had texted something more vague like "probably" he might have gotten away with it, but Merchant had him dead to rights and he knew it. He screwed up and couldn't take it back.

The judge will consider the entire body of evidence showing the appearance of impropriety, not just Bradley’s two hours of half truths and memory loss. He has yet to rule on releasing the contents of the Wade-Willis texts; that will come Friday and could seal the deal. He knows what's in them. That could also be the day he disqualifies Willis and her office from the case. The appearance of impropriety is overwhelming.
Didn’t know he might be ruling on releasing the contents of Wade and Willis texts or knew what was in them. If so, then it’s game, set and match.
 
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ATeam

Senior Member
Retired Expediter
Shame on Letitia James

After delivering a devastating blow to Trump by winning the massive civil fraud case she brought against him, NY AG James has taken up taunting Trump on Twitter (X) by posting daily reminders of the $112,000 dollars in interest that is accruing every day on the judgment Trump was ordered by the court to pay.
James may have gotten the message from those who criticized her trolling Trump like this. She has not posted an interest-due update since 2/25/24. Still, it's regrettable that she did this at all. It did not help her or anyone else.
 
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