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A story about a pathetic man's downfall


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43 minutes ago, 4th&Five said:

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Oooohhh, that alludes to something.

Apparently, in her original suit, the defamatory statements were made in 2019 during the Trump presidency, which exposes those claims to operation of the Westfall Act.  Then, that suit was amended during the appeal to include statements Trump made in 2022, out of office, that are not subject to the Westfall Act.

So, the current verdict doesn't appear to be subject to some form of reversal due to operation of the Westfall Act.  That's very nice.

But the 2019 claims were on appeal on application of the Westfall Act until just before the trial on the 2022 claims, and were sent back to the trial court.  So that's still pending and what she would apparently add the latest round to.

Otherwise, I was seriously wtf'ing about amending the lawsuit when a judgment has just been entered on a jury verdict.

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1 minute ago, safe sex said:

Please write out your post again, but not for lawyers.

There's not really any way to simplify it.

As a general proposition, you can't "reopen" or amend a lawsuit on which judgment has been entered as would be the case here.

There were some pieces of the lawsuit that didn't go to trial last month and they still remain pending, as more or less a separate lawsuit.  It's that one that would be amended.

But the important part, really, is that the recently entered verdict can't be attacked by the Westfall Act, which holds that federal officials have immunity/can't be sued for actions undertaken while in office.  https://en.wikipedia.org/wiki/Federal_Employees_Liability_Reform_and_Tort_Compensation_Act_of_1988

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10 minutes ago, TwiceHorn said:

There's not really any way to simplify it.

As a general proposition, you can't "reopen" or amend a lawsuit on which judgment has been entered as would be the case here.

There were some pieces of the lawsuit that didn't go to trial last month and they still remain pending, as more or less a separate lawsuit.  It's that one that would be amended.

But the important part, really, is that the recently entered verdict can't be attacked by the Westfall Act, which holds that federal officials have immunity/can't be sued for actions undertaken while in office.  https://en.wikipedia.org/wiki/Federal_Employees_Liability_Reform_and_Tort_Compensation_Act_of_1988

So, talk to me like I have serious mental deficits and have been making my way through life on a combination of false bravado and glib humor. Did Trump fuck himself royally in his own prolapsed rectum by renewing the defamation out of office?? It seems like he may have... <littlegirlcrossingherfingerssohard.gif>.

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8 minutes ago, safe sex said:

The Westfall of it all was the confusing thing there. Thanks.

Some further clarity on this after digging around some more.

Carroll filed a first lawsuit, based on the 2019 defamatory statements while Trump was in office.  Trump's DOJ moved to apply the Westfall Act, and Kaplan refused, provoking the appeal.

Carroll then filed a second lawsuit, based on 2022 defamatory statements when Trump was not in office.  That lawsuit was also amended to include civil sexual assault claims when NY amended its sexual assault statute of limitations and gave those whose claims were barred under the shorter limitations period, like Carroll for her 25 year old claims, a year to file their claims.

It's the second lawsuit that we had the trial on.  The first one was still hanging out there on appeal.  Curiously, the Biden DOJ took and supported the Trump position on the Westfall Act instead of dismissing the appeal (probably not that curious as it favors federal employees generally and possibly Biden in particular).  That one just came back to the trial court during the trial.

So, there's a second lawsuit out there concerning the 2019 defamation that can be amended to include the latest rounds of heinous bullshit from Trump.  

There's not going to be much in the way of compensatory damages, but punitives could get interesting because he clearly has not been punished or deterred sufficiently.

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7 hours ago, longhornmatt said:

There were actually about 500 people on the list.  Colbert and Kimmel were on it, too.   The best part is that Jimmy Fallon apparently wasn’t listed, so now he has to cope with the realization that he’s the only late night host whose jokes are so hacky they don’t even offend Russia.

They also had former Austin D5 City Councilman, Congressman Greg Cesar on the list, so I'm thinking Matt Mackowiak has some influence here.

Edited by Bozo_Casanova
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Looks like Jack Smith is looking for any connection between the documents he stole and the countries he  conducted  business with during his time as POTUS:

https://www.nytimes.com/2023/05/22/us/politics/trump-records-foreign-deals.html

Federal prosecutors overseeing the investigation into former President Donald J. Trump’s handling of classified documents have issued a subpoena for information about Mr. Trump’s business dealings in foreign countries since he took office, according to two people familiar with the matter.

It remains unclear precisely what the prosecutors were hoping to find by sending the subpoena to Mr. Trump’s company, the Trump Organization, or when it was issued. But the subpoena suggests that investigators have cast a wider net than previously understood as they scrutinize whether he broke the law in taking sensitive government materials with him upon leaving the White House and then not fully complying with demands for their return.

The subpoena — drafted by the office of the special counsel, Jack Smith — sought details on the Trump Organization’s real estate licensing and development dealings in seven countries: China, France, Turkey, Saudi Arabia, Kuwait, the United Arab Emirates and Oman, according to the people familiar with the matter. The subpoena sought the records for deals reached since 2017, when Mr. Trump was sworn in as president.

The Trump Organization swore off any foreign deals while he was in the White House, and the only such deal Mr. Trump is known to have made since then was with a Saudi-based real estate company to license its name to a housing, hotel and golf complex that will be built in Oman. He struck that deal last fall just before announcing his third presidential campaign

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3 minutes ago, StassneyHorn said:

Have y’all figured out if he’s paying to fuck this Cleo chick?

I don’t really care.  Last time I interacted with him in person was actually at Brisket’s house 6 or 7 years ago.  Maybe I bumped into him at a blowu game, but those memories are a little fuzzy.

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3 hours ago, TwiceHorn said:

Oooohhh, that alludes to something.

Apparently, in her original suit, the defamatory statements were made in 2019 during the Trump presidency, which exposes those claims to operation of the Westfall Act.  Then, that suit was amended during the appeal to include statements Trump made in 2022, out of office, that are not subject to the Westfall Act.

So, the current verdict doesn't appear to be subject to some form of reversal due to operation of the Westfall Act.  That's very nice.

But the 2019 claims were on appeal on application of the Westfall Act until just before the trial on the 2022 claims, and were sent back to the trial court.  So that's still pending and what she would apparently add the latest round to.

Otherwise, I was seriously wtf'ing about amending the lawsuit when a judgment has just been entered on a jury verdict.

Confused Dogs GIF by MOODMAN

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17 hours ago, TwiceHorn said:

He fucked himself in 2022 by defaming her again, out of office, so the Westfall Act could not apply.

He fistfucked himself again this year by doing it again after the verdict.

So, yeah, he's going goatse.

oh, so you are capable of talking like us. you gotta pretend like you're Joe Bauers and you're having to explain to President Camacho and all his staff how electrolytes are in fact NOT what plants crave

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17 minutes ago, Gil Bang said:

oh shit

 

 

I like how Big Brain Law here just put in writing on an official correspondence to the United States Attorney General that the Biden family is being treated fairly. Not unfairly favored, they're being treated fairly.

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9 minutes ago, GopherRock said:

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CSB: I recently actually had to contact another attorney to let him know that some asshole was signing his name to stupid letters.  They were trying to bully my client so they chose a random attorney's name off the internet and signed the letter as coming from them.  

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1 hour ago, Longhornfan1024 said:

CSB: I recently actually had to contact another attorney to let him know that some asshole was signing his name to stupid letters.  They were trying to bully my client so they chose a random attorney's name off the internet and signed the letter as coming from them.  

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Is this by any chance something that can get you arrested?

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