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Cairn Horn88

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17 minutes ago, Red Five said:

I like how in every re-defamement, he keeps saying that he has no idea who she is. Dude how much time did you spend in that courtroom? If you don't know who she is at this point you should probably see a doctor.

I don't understand what is even going on anymore. He's supposedly being held accountable for the defamement but now he can just continue to do it? At what point does this just become something that he simply cannot do anymore? Do the punishments get worse for each subsequent case? 

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28 minutes ago, Red Five said:

I like how in every re-defamement, he keeps saying that he has no idea who she is. Dude how much time did you spend in that courtroom? If you don't know who she is at this point you should probably see a doctor.

Maybe his mind is actually so far gone that he really doesn't know who she is and he keeps defaming her because he can't remember that he's already lost 2 lawsuits for that.

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Well it seems like 16.5X seems to be roughly the escalator for each subsequent defamation lawsuit so maybe:

 

Carroll #1-  5 million

Carroll #2-  83.3 million

Carroll #3-  1.37 billion??

Edited by Horn Dog
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22 hours ago, Biff Tannen said:

 

His plan has to be to win the election and somehow make this all go away right?  Why would he keep doing this over and over?

Because he can't exist in a reality where he is not the smarted person in the room.  To stop would be to admit he's been wrong about EVERYTHING to himself and his supporters and his ego won't let him do that.  And yeah, its generally worked out for him to this point, so why stop now?

If he wins the election, I think you'll see him take a big fucking hatchet to the justice department, fill it with cronies and yes men, and then use them to target the states that have cases against him for leverage.

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2 minutes ago, Goredho said:

Because he can't exist in a reality where he is not the smarted person in the room.  To stop would be to admit he's been wrong about EVERYTHING to himself and his supporters and his ego won't let him do that.  And yeah, its generally worked out for him to this point, so why stop now?

If he wins the election, I think you'll see him take a big fucking hatchet to the justice department, fill it with cronies and yes men, and then use them to target the states that have cases against him for leverage.

if he wins the election it's going to be war because he's going to do some shit like the purge or something. 

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3 minutes ago, Goredho said:

Because he can't exist in a reality where he is not the smarted person in the room.  To stop would be to admit he's been wrong about EVERYTHING to himself and his supporters and his ego won't let him do that.  And yeah, its generally worked out for him to this point, so why stop now?

If he wins the election, I think you'll see him take a big fucking hatchet to the justice department, fill it with cronies and yes men, and then use them to target the states that have cases against him for leverage.


DoJ and the entire govt

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1 minute ago, The Hot Dog Buffet said:

Maybe his mind is actually so far gone that he really doesn't know who she is and he keeps defaming her because he can't remember that he's already lost 2 lawsuits for that.

“He’s a bullshitter.”  — Barack Obama

Obama summed it up neatly and succinctly. If you have any life experience at all, you’ve known at least one of them. Someone who exaggerates and fabricates all the time. Combine that with his narcissism and immaturity and perpetual victimhood and general unhinged bitchassedness and you have the spoiled-brat-snake-oil-salesman-turned-POTUS Donald Trump.

He knows who she is. He can’t remember his forced penetration of her because he’s done it so many times before to other women that he can’t distinguish one victim from the other. He doesn’t think there’s anything wrong with doing that because, as he’s told us more than once, he thinks that’s the way things work, “unfortunately or fortunately.” He said that. Maybe it’s fortunate that stars like him can just grab women by their genitals. That’s just the way it’s been for “millions of years.” Aw, shucks. 

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4 minutes ago, PenelopeWitherspoon said:

Hot off the presses...

https://thehill.com/regulation/court-battles/4524017-trump-new-york-hush-money-trial-immunity/

He wants to delay the Hush Money case until Presidential immunity is decided.  He really believes that the President should be able to get away with murder.  

Wait, he wasn't President when he, sigh, paid off that porn star. Not that paying off porn stars falls within presidential duties anyway, but that happened prior to the election.

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2 hours ago, C-Man said:

 

Probably what Twice says but the name of the law firm (Akerman) immediately jumped out at me. At first, I assumed it was talking about The Ackerman, who is a HUGE partner with Chubb. Ackerman is basically their crisis management firm who handles investigations, deep, deep, deep background checks, high risk security situations (guarding against K&R and other shit like that). Then I realized that there's also a law firm that is spelled a little differently so who knows?

Akerman is what used to be known as Akermen, Senterfitt & Eidson.  I think they were originally based in Orlando, Florida but have grown to be a large national firm.  I interviewed with them when I was in law school and have a couple of former classmate friends who I think are still there.

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1 hour ago, Horn Dog said:

Well it seems like 16.5X seems to be roughly the escalator for each subsequent defamation lawsuit so maybe:

 

Carroll #1-  5 million

Carroll #2-  83.3 million

Carroll #3-  1.37 billion??

I'll be in my bunk.

Still waiting to hear from E. Jean Carroll's lawyers.

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1 hour ago, Red Five said:

Question. If we learn that Dotard has been selling off those classified documents (which, come on, of course he has) to, say, North Korea, would that qualify as treason?

EXCREMENT PRIVILEDGESZ!!!

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There's a bit of weirdness here in that the two Carroll trials addressed three "sessions" of defamation. 

Carroll II, the one tried first, addressed only post-presidency defamation and sexual assault 

Carroll I, tried second because of appeals, addressed both the original defamation that occurred when Trump was President, as well as "further defamation" after the verdict in Carroll II, mostly in terms of punitive damages. 

It's kind of hard to determine the value of further defamation other than as grounds for punitive damages, but punitives can be only a limited multiple of economic damages. 

3 minutes ago, Pig Bellmont said:

No because treason is constitutionally very narrow. 
 

https://www.nbcnews.com/think/amp/ncna848651

Thank you. That's a great article, leave it to Vladeck to set the record straight. 

But it does raise the offense level under applicable other statutes. 

Edited by TwiceHorn
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12 minutes ago, TwiceHorn said:

It's kind of hard to determine the value of further defamation other than as grounds for punitive damages, but punitives can be only a limited multiple of economic damages. 

Well, kinda yes, kinda no.  The SCOTUS has suggested that it be limited to a multiple of economic damages, but in cases where nominal damages are found, the other factors (like repeated egregious conduct, for example) can be in the driver's seat when it comes to setting the amount.

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22 minutes ago, TwiceHorn said:

That's a great article, leave it to Vladeck to set the record straight. 

But it does raise the offense level under applicable other statutes. 

Yes, that's a good article.  I have one thought regarding this statement:

Quote

And “levying war” against the United States requires active and direct participation in an armed conflict, not just “un-American” speech or insufficient patriotism.

"Armed conflict" in my mind is not a sufficient umbrella to define war.  For instance, what if a foreign country were to intentionally and maliciously cripple some of our defense systems via hacking, EMP, etc.?  That would seem an act of modern warare, and if so, any American who assisted should be considered treasonous, no?

Random musings on a Monday . . .

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13 minutes ago, jimmyjazz said:

Yes, that's a good article.  I have one thought regarding this statement:

"Armed conflict" in my mind is not a sufficient umbrella to define war.  For instance, what if a foreign country were to intentionally and maliciously cripple some of our defense systems via hacking, EMP, etc.?  That would seem an act of modern warare, and if so, any American who assisted should be considered treasonous, no?

Random musings on a Monday . . .

Yeah I think that's probably a valid interpretation. Especially now that congress has effectively punted declaring wars. 

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6 minutes ago, TwiceHorn said:

Yeah I think that's probably a valid interpretation. Especially now that congress has effectively punted declaring wars. 

Or, the Supreme Court may just decide "treason" is a dead letter.

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4 hours ago, Red Five said:

I like how in every re-defamement, he keeps saying that he has no idea who she is. Dude how much time did you spend in that courtroom? If you don't know who she is at this point you should probably see a doctor.

 

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4 hours ago, Red Five said:

Question. If we learn that Dotard has been selling off those classified documents (which, come on, of course he has) to, say, North Korea, would that qualify as treason?

For anyone but Trump? Sure 

Trump sold secrets. Do you think his followers will care? No. Do you think Fox News will care? No. CNN will bring on Ted Cruz and ask for his reaction to Trumps tweet about a perfect sale. Democracy left the building once he wasn’t convicted by the senate for asking a foreign country to investigate his political rival. Half the country is not on Team Democracy. Trump will never be held accountable for shit as long as he’s alive because our court system wasn’t built to hold rich people accountable. Poor people go to jail. Rich people appeal/delay until the other side gets tired. 

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True. Our system has always been that way re rich vs poor people.

But those in power used to have to actually deal with disgrace. See Nixon, Richard Milhous. To me, that’s what’s changed. There used to be some sort of line that couldn’t be crossed. But not anymore.

I don’t get it. We tolerate shit from this asshole that I wouldn’t tolerate from a 7 year old.

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I know we berate these people for being in the service of Trump.  And we all know what the right thing to do in a situation like this.  But it's easy for us to say that when we don't see the level of insanity up close and personal of Trump supporters.  We just laugh at clips of them being interviewed.  Folks like Butler know what SS agents and ex-military that surround Trump can actually do to dissenters.  Never mind the pack of 25 million gun-toting loyalists with absolutely nothing to lose.  I don't fault him for taking his sweet time to weigh his options.  But one pro tip, when they send you to pick out new windows for Mar-a-Lago at a famous Moscow glass-maker's.  Hang back in 'Murica and take your chances. 

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57 minutes ago, Horn Under a Bad Sign said:


I feel a bit worried for Brian Butler's safety. 

Yes.   He may have more information than the article mentions but loading some bankers boxes on to the play seems like not that much.

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https://www.thedailybeast.com/e-jean-carrolls-lawyers-foil-trumps-quiet-attempt-to-stall-dollar91-million-payment?ref=home?ref=home

 

Quote

When Donald Trump posted the $91.6 million bond on Friday allowing him to appeal the E. Jean Carroll decision without paying her immediately, it set off an interesting scramble to unpack why Federal Insurance Company—a subsidiary of Chubb Insurance Company—would lend to a notoriously unreliable borrower.

But there was also some fine print in the bond that would have, curiously, given Trump an additional 30 days to come up with the money—as well as another 30 days for FIC to come up with the money if Trump failed to pay. That meant Trump had found a way to unilaterally stall paying up, pending the consent of the court.

 

Quote

It looked like just the latest way Trump had, like Darth Vader before him, altered the deal. And for three days, it seemed as if Trump had gotten away with a minor tweak in court paperwork that would have created a two-month delay in having to pay a cent to the journalist he defamed—even if he lost the rape defamation case on appeal.

But over the weekend, Carroll’s attorney spotted the odd jumble of legalese and pressured Trump’s legal team to give up the ploy for extra time. On Monday, she alerted U.S. District Judge Lewis Kaplan of the new deal. And in a sign of just how interested he is, the judge immediately responded in a handwritten note scribbled over her letter to the court.

 

 

Quote

“The parties shall submit revised documentation promptly,” the judge wrote back.

According to Neil Pedersen, who runs an eponymous appellate bond agency in Manhattan, Trump’s extension on paying up was “not standard.”

The episode is merely the latest example of the many twists and turns that continue to unfold as Carroll fights to punish the man who keeps denyingthat he sexually attacked her in the dressing room of a Manhattan department store—even though one federal jury concluded he did it and a second federal jury fined him to stop his lies about the assault.

 

Spoiler

It also adds a degree of intrigue to the relationship that Trump has developed with an insurance company that’s led by a financier he once appointed to a government board.

Federal Insurance Company swooped in last week to provide a last-minute lifeline to the real estate tycoon, whose cascading legal troubles have suddenly threatened his wealth and well-being. Faced with the prospect of handing over $83 million after losing a defamation trial to a woman he despises and continues to slander, Trump managed to secure what amounts to an expensive loan to hold off on her payday while he appeals the trial verdict.

Trump is navigating a relatively obscure corner of the legal world, one that rarely makes headlines or gets media scrutiny. In the simplest terms, Carroll is owed a ton of money, and this outside company guaranteed that Trump is good for it while he fights the judgment—and it’ll pay if he’s not.

Surety firms that are in the business of fronting money for legally imperiled people and companies typically give themselves a certain amount of time to make good on their promise—in some cases as short as 10 days, Pedersen said.

“Companies try to insert certain things to give them a little breather if they have to pay the judgment,” Pedersen said.

But Trump and FIC got together and ironed out a deal that showered them with a lot of leeway: If Trump loses the case, he would have 30 days to pay Carroll. And if he doesn’t, the company has up to an extra 30 days to do it for him. Stretched to the maximum, Carroll could win her historic case and still be forced to wait another 60 days for her money—a whopping sum that would have earned $3 million if it were invested in the S&P 500 stock market index during a similar time period at the start of the year.

N. Alex Hanley, an expert in how companies appeal enormous judgments, thinks the potential two-month gap doesn’t sound all that odd, given the immense amount of money in question and the huge players involved.

“These corporations are big battleships that take a long time to turn around,” he told The Daily Beast.

But others felt that the agreement put Carroll at a severe disadvantage.

“From what I can see, there’s no basis for it. If you have to pay, there’s no reason to give Trump another 30 days. There’s no reason to give a company with billions upon billions of assets a 30-day grace period,” Pedersen told The Daily Beast.

Still, all of the insurance and surety experts interviewed for this story read the situation as a cautious company trying to buy time—particularly given the track record of the man at the center of the storm.

“Especially with somebody like Trump,” said Tom Gober, a forensic accountant and certified fraud examiner with extensive experience in the insurance industry.

The executives at FIC knew they were taking on a huge risk by fronting the money for Trump. His foray into the gambling world ended in disaster with four entities—the Trump Taj Mahal, Trump Plaza, Trump Castle, and Trump Hotels and Casino Resorts—going into corporate bankruptcy. He just lost a bank fraud trial that barred him from doing business in the global financial capital of New York. And he’s poised to return to the White House, where he’s threatened to become a dictator “on day one” and be beyond the reach of the law.

As such, the insurance company likely saw the need to give itself extra time now to chase after him for any cash it might have to turn over to Carroll if he eventually loses the case.

“They’d have 60 total days to try to squeeze blood from a turnip,” Gober said. “Knowing all of the public record being what it is on Trump’s false statements and times he hasn’t paid his bills, all of that, it wouldn’t surprise me. I’m sure the surety company would like as much time as they can justify. Plus it gives them time. They earn interest on that money before they have to pay it out. They’d much rather not have to make the payment.”

This odd arrangement has some financial and legal sleuths taking a closer look at the angel who came to Trump’s rescue.

FIC’s parent company, Chubb, is led by Evan G. Greenberg. While president, Trump appointed Greenberg to the U.S. Trade Representative’s advisory committee for trade policy and negotiations in 2018. He’s also the son of Hank Greenberg, the former CEO of insurance supergiant AIG, whose profile became synonymous with the 2008 Great Recession and was once deemed by then-respectable journalist Matt Taibbi as one “who perhaps more than anyone else was responsible for the galactic balance-sheet goat-f*ck that caused AIG's implosion in the first place.”

While speaking in 2019 before a crowd at The Economic Club of Washington, D.C., the younger Greenberg asserted that he only knew Trump “from a distance” and “you know, in business.” That gap is closing now that Greenberg’s company is on the hook for $91 million from a man who’s often made a mockery of his lenders.

The initial 60-day window would have given the company more time to harangue Trump with the $83 million bill, something Hanley called “the ideal scenario for a surety.”

“If there’s the ability of the judgment debtor to pay the claim, it makes closing the bond far simpler. Otherwise, the company will make the payment to the judgment creditor, they’ll have to issue a satisfaction of judgment, then they’ll go get the money back from Trump,” Hanley said.

But Carroll’s lawyer, Roberta Kaplan, blew that up on Monday when she knocked it down to 15 days for the first phase and 15 days for the second phase, keeping the surety company on the hook at the front end and Trump responsible for the inevitable bill. Judge Kaplan, who is not related to her, will have to weigh in as well.

The only thing that matters now is whether Carroll can convince a panel of judges at the 2nd Circuit Court of Appeals that her damages-only New York City trial in January holds up to scrutiny. And if it does, then Trump will have to pay up—and fast.

“I suppose it’s more onerous to him,” Hanley said.

Making matters more absurd is that Trump will have to repeat this high-wire act later this month, as he tries to fight off the $464 million judgmentissued by a New York state judge who concluded Trump and his top lieutenants had engaged in outright bank fraud by lying about the tycoon’s net worth and the most mundane statistics in his real estate portfolio.

 

 

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19 hours ago, Red Five said:

Question. If we learn that Dotard has been selling off those classified documents (which, come on, of course he has) to, say, North Korea, would that qualify as treason?

They'll get him on sales tax charges.There will be mild fine. He will say it's the weaponization of the Justice Department.  People will send him money.

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14 hours ago, Macanudo said:

Yes.   He may have more information than the article mentions but loading some bankers boxes on to the play seems like not that much.

Knowledge of their wanting information about how to delete footage from security cameras is another nice, little nugget.

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21 hours ago, Red Five said:

Question. If we learn that Dotard has been selling off those classified documents (which, come on, of course he has) to, say, North Korea, would that qualify as treason?

Quote

 

Article III, Section 3, Clause 1: Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the testimony of two Witnesses to the same overt Act, or on Confession in open Court.


 

One could argue that we are still at War with North Korea as we only signed an armistice..... so I guess it would only take 2 folks to corroborate that he did it, but then congress would have to vote to convict I believe.

In addition, North Korea is an enemy state in other ways in their actions, the fact that they consider themselves our enemy, and they show signs of aggression towards neighbors we are bound to protect by treaty.

To which, Trump would definitely be giving aide or comfort to them if passing along secrets.

 

But even a democratically controlled house and Senate that would vote to convict of treason (I assume by majority vote in this instance) would likely be overturned by the conservative court for .... reasons.....

 

My guess is that they would say we weren't at war, or 'active war', with NK so it doesn't count.

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FIC’s parent company, Chubb, is led by Evan G. Greenberg. While president, Trump appointed Greenberg to the U.S. Trade Representative’s advisory committee for trade policy and negotiations in 2018. He’s also the son of Hank Greenberg, the former CEO of insurance supergiant AIG, whose profile became synonymous with the 2008 Great Recession and was once deemed by then-respectable journalist Matt Taibbi as one “who perhaps more than anyone else was responsible for the galactic balance-sheet goat-f*ck that caused AIG's implosion in the first place.”

image.png.545b2868740773b2829651986349357e.png

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I would like to think btw, that if it comes out that Dotard was/is selling those documents, that it could actually really be the end for him. It wouldn't cause a bunch of his supporters to switch their votes to Biden, but I think enough would stay home to turn the election into a landslide.

The fact that y'all are gonna call me things like naive and adorable for saying that is pretty depressing. 

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14 minutes ago, Red Five said:

I would like to think btw, that if it comes out that Dotard was/is selling those documents, that it could actually really be the end for him. It wouldn't cause a bunch of his supporters to switch their votes to Biden, but I think enough would stay home to turn the election into a landslide.

The fact that y'all are gonna call me things like naive and adorable for saying that is pretty depressing. 

I would like to think the same thing. I'm right there with you. 

And, like you, I'm nowhere near willling to predict that would happen. Trump has been connected to the Russians and seems a lapdog to Putin. Can you imagine any other president or public figure maintaining a tenth of the support Trump gets for doing the same thing. We all know all the other shit: Ukraine, Jan. 6, Covid, Sexual Assault, constant lying, stolen national secrets...

Probably Trump's luckiest iteration ever was Fake News. The concept immediately short circuits any charge of reality attempting to penetrate the minds of his flock. 

Even more sadly, people who beileve the news aren't moved to recognize what's going on. "They're all so polarized. It's both sides' fault."

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6 minutes ago, RomaVicta said:

I would like to think the same thing. I'm right there with you. 

And, like you, I'm nowhere near willling to predict that would happen. Trump has been connected to the Russians and seems a lapdog to Putin. Can you imagine any other president or public figure maintaining a tenth of the support Trump gets for doing the same thing. We all know all the other shit: Ukraine, Jan. 6, Covid, Sexual Assault, constant lying, stolen national secrets...

Probably Trump's luckiest iteration ever was Fake News. The concept immediately short circuits any charge of reality attempting to penetrate the minds of his flock. 

Even more sadly, people who beileve the news aren't moved to recognize what's going on. "They're all so polarized. It's both sides' fault."

The trick would be getting this information into people's brains. "He sold our secrets to our enemies."

I can hear various relatives of mine right now. "Oh, something about handling documents? I don't really know. I think they charged Biden and Pence with the same thing? Politics as usual." 

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