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TwiceHorn

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TwiceHorn last won the day on June 9 2022

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  1. Well if they spend a lot of effort "seizing" a multi million dollar property and get 10k out of it that tends to suck.
  2. One of the kind of unfortunate things about execution in most states is that the judgment creditor rarely/never takes possession of the executed-upon property. The sheriff or other official seizes it for a "Sheriff's sale," which is quite similar to a foreclosure auction. So the judgment creditor doesn't have a lot of control over things. A lot of things can go wrong to prevent it from turning into a lot of liquid cash in a hurry.
  3. There's nothing wrong with this per se. Jury instructions will have to be done regardless. But this evidences that she has no understanding whatsoever of the interplay between the PRA and 18 USC 793,which is none. She is trying to manufacture nuances where there are none, much like she did earlier because she's a fuckin dumbass. She has at least one clerk to help her make sense of this because she can't figure it out on her own and still fucks it up.
  4. It's more that than anything else.
  5. She is officially dumb as fuck.
  6. The only place that works is in a petition for bankruptcy. In most cases, the judgment creditor plaintiff is entitled to pursue whatever post-judgment remedies the law provides to collect whatever percentage of the judgment it can. That would include verifying that the judgment creditor/defendant is too poor to pay. For example, In a shitass consumer loan or credit card debt suit, where it is highly likely the defendant doesn't have a pot to piss in, the creditor may seek a "writ of execution" in which the sheriff or constable goes to the defendant's home, gains lawful entry, and surveys the property to see if the defendant has any obviously non-exempt property (up to 60k personal in Texas and the homestead). Usually that writ comes back, sorry ain't got shit. But the plaintiff can keep after them if they want.
  7. I am referring to attempting to execute the judgment pending appeal if Trump doesn't secure a bond. Many or most plaintiffs won't do it unless they're holding a bloody stump and really need the money, or just to fuck with the defendant. This situation is to be differentiated from that in which either a) there is no appeal or b) the appeal is concluded with the judgment still at least partially affirmed. In that case, the plaintiff is free to execute regardless of motive. Also to be differentiated from the situation in which a bond is posted and the appeal concludes affirming all or part of the judgment in favor of plaintiff, in which case the court releases the proper amount of the bond to the plaintiff. It's just that interregnum where the judgment could get reverse partially or entirely that poses a risk for plaintiffs.
  8. This is a principle of general application. Unless my client direly needed a portion of the judgment amount, say less than half, and the execution was going to be easy, I would advise holding their water until the appeal is concluded. But commence diligence on asset "tracing." The NY AG doesn't need the money. They'd mostly be doing it to fuck with Trump. And that is a recipe for being on the wrong end of a wrongful execution suit, if the judgment is reversed.
  9. So only asking for a stay of the monetary portion. Good luck with that. About the only reason for the appeals court to do that is that the judgment is so obviously infirm that it will clearly be reversed in whole or in part. Seems unlikely but may offer a preview.
  10. Certainly a possibility. However, many or most plaintiffs are motivated to wait out an appeal before attempting to execute on a judgment if there is any possibility of reversal or alteration of the judgment. They have to weigh that against the possibility of the defendant wasting or hiding assets, for which there are other remedies. I suspect trump may ask the appeals court to stay the non-monetary portions of the judgment pending appeal because that is the most immediate threat. That would be a legally plausible thing to do.
  11. There are, or have been, reasonably effective judicial means for reviewing government decisions and actions with potential First Amendment or other constitutional concerns done under the guise of national security. I am not terribly worried about government overreach here.
  12. Yeah I want to read that motion. Wahhh, Wahhh, we can't get a bond, so please give us an exception to the rules so we don't have to. That said, that the big billionaire can't get a bond and is having to tell it publicly is beautiful.
  13. Yeah incompetent to stand trial means generally put in a facility and force-fed drugs until sufficiently competent to stand trial. Not sure how that works exactly in the state system, but in federal means incarceration in one of the handful of prisons with hospital facilities indefinitely until "sane." See, e. g. Kellye SoRelle.
  14. I'll say this. Joe looks like an older fella slowing down a bit. Dotard looks like a stroke victim or someone with neuropathy or something causing ataxia.
  15. Just finished myself. I didn't binge it, an episode every few days. I think that kept it from being boring. I really quite enjoyed it.
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