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Posted (edited)
9 minutes ago, Captainant said:

Your ability to handwave and justify the kids glove treatment of trump, jones, and every other fascist in our justice system is breathtaking. Bravo.

Yes if we didn't cut the fascists a break, then we'd have to bring back debtor prisons, or something.

It's not kid gloves treatment, it's the treatment everyone gets.  I'm not justifying it, I'm telling you how it is.  If you want to have a debate about how it should be changed, we can do that.  But that's not what I'm doing.

And yeah, that's pretty much what you constantly advocate, a suspension of the rules when you find the defendant despicable.  And you want to call that the rule of law.

Edited by TwiceHorn
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Posted
5 minutes ago, Nice Guy Eddie said:

Unfortunately the bad people in this world can use our system and protections to their own benefit. 

The protections are there for everyone.  You can file bankruptcy, too! And put your assets in trust.  Or whatever these guys do.

Now, whether everyone is smart enough or wealthy enough to avail themselves of the protections is an entirely different matter and not one I am addressing here.

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Posted
3 minutes ago, TwiceHorn said:

Now, whether everyone is smart enough or wealthy enough to avail themselves of repeatedly abuse the protections is an entirely different matter and not one I am addressing here.

ftfy.

This ain't trumps first time doing shit like this in the courts. He's been playing fuck fuck games for literal decades and his developed behavior of "laws don't apply to me" wouldn't exist if we stopped bending over backwards to take his LIES seriously.

He is someone who is not bound by the legal system, and yet is protected by it.

Posted

He's simply explaining the legal rationale for what is happening/not happening with regard to Donald Trump.  I don't think he is trying to justify it, just laying out the process/procedures.  

What is beyond legal explanation though is the calendar.  Something we've discussed for well over a year on this thread.  How this all plays out, alongside the primaries and convention and general, is the paramount factor.  If this all plays out correctly, the stress of it on Trump's body-despite his demented mind-should be able to end his life prematurely.  And when we can move on to the next thing.  And the thing after that.  

 

 

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Posted
2 hours ago, gernblansten said:

In 1997 the family of Ron Goldman won a judgment for $33,500,000.00 against O.J. Simpson. The most recent article I found from  a year ago, OJ had paid $133,000.00 and due to interest the amount owed was $96,000,000.00. That's one example. Collecting civil judgments isn't just hard to do against Trump and Alex Jones. It's the same trying to collect against "normal" people, too. 

Except in this case corporate assets are already in control of an independent monitor preventing sale/transfer/etc so the state can actually execute on a judgement when appropriate 

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Posted
2 hours ago, Gatorubet said:

My lawyer knowledge is bankruptcy light,

A lot has changed since I've thought about this, but isn't there some sort of presumption that any transfer made within forty-five days of filing bankruptcy is fraudulent?

 

My wife is a BR lawyer (primarily).  I'll have to refresh my memory on this next time I think to ask her about it.  I don't think Trump would declare bankruptcy while he's campaigning.  

Posted
2 hours ago, TwiceHorn said:

The difficulties in collection encourage the parties to settle within the means available to them.

My advice way back when ordinarily was to think long and hard about settling with a fraud defendant (or one who is prone to fraudulent activities).  You'll just end up with a breach of settlement agreement case.

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Posted
35 minutes ago, dcbc said:

My advice way back when ordinarily was to think long and hard about settling with a fraud defendant (or one who is prone to fraudulent activities).  You'll just end up with a breach of settlement agreement case.

Yeah you get certified funds or a wire for a sum certain whenever you can. 

But blood out of a rock constrains everyone and there are flavors of that other than flat poor.  Not only are the fraudulent unlikely to make a future payment, they're actually unlikely to have any legitimate assets (always OPM) so sometimes take what you can get. 

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Posted
1 hour ago, dcbc said:

A lot has changed since I've thought about this, but isn't there some sort of presumption that any transfer made within forty-five days of filing bankruptcy is fraudulent?

 

My wife is a BR lawyer (primarily).  I'll have to refresh my memory on this next time I think to ask her about it.  I don't think Trump would declare bankruptcy while he's campaigning.  

Won’t the fines be levied against the Trump Org and not Trump himself? And the independent monitor can sell off physical real estate assets within the jurisdiction to pay off the fines, assuming cash assets aren’t enough. I’m pretty sure the only individual consequence from this case would be a ban from doing business in NY. 
 

And lol at the idea of Trump filing bankruptcy. His popularity hinges on the idea that he’s rich. He won’t give that up 

Posted
3 hours ago, gernblansten said:

I'm not sure what you think I'm exaggerating or what point you're trying to make, but I'm well aware of the limitations on collecting judgments. I don't see anywhere that I suggested OJ's homestead or retirement exemptions should be ignored and executed upon. The entire point is this isn't some novel Trump gaming the system situation. It's a common every day event. You can get civil judgments all day long and you have a piece of paper. That doesn't mean you're going to get your money. It's the same if the Defendant owing the judgment is Trump, Jones, Simpson, or Joe Smith with a net worth of $18,000.   

Simple gernblasten.  I’m an idiot who read your last line wrong - or not at all.    I’ll let myself out…

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Posted

The quote box was messed up here somehow.  But I was just responding to the mention of bankruptcy and judgments generally.  And no, Trump is unlikely to file individually.  But if his ilk doesn't care about a judicial finding that he raped someone, they'll warp space and time to screech that he filed the perfect bankruptcy.  It's a Chapter 1.  The alpha bankruptcy.  

7 minutes ago, Pig Bellmont said:

Won’t the fines be levied against the Trump Org and not Trump himself? And the independent monitor can sell off physical real estate assets within the jurisdiction to pay off the fines, assuming cash assets aren’t enough. I’m pretty sure the only individual consequence from this case would be a ban from doing business in NY. 
 

And lol at the idea of Trump filing bankruptcy. His popularity hinges on the idea that he’s rich. He won’t give that up 

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Posted
14 minutes ago, Pig Bellmont said:

 

And lol at the idea of Trump filing bankruptcy again. His popularity hinges on the idea that he’s rich. He won’t give that up 

The dudes declared bankruptcy 4-5 times so far selling gambling, steak, and football to Americans. He's shameless and his followers are gullible. He would do.it again and they wouldn't care

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Posted
21 minutes ago, Pig Bellmont said:

Won’t the fines be levied against the Trump Org and not Trump himself? And the independent monitor can sell off physical real estate assets within the jurisdiction to pay off the fines, assuming cash assets aren’t enough. I’m pretty sure the only individual consequence from this case would be a ban from doing business in NY. 
 

And lol at the idea of Trump filing bankruptcy. His popularity hinges on the idea that he’s rich. He won’t give that up 

Good question. Trump is a defendant personally as are Donny and Eric. I don't know if this statutory scheme puts them all on the hook or not. 

Actually sounds a bit like Engoron may be prepared to let the boys off the hook. 

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Posted (edited)
1 minute ago, TwiceHorn said:

Good question. Trump is a defendant personally as are Donny and Eric. I don't know if this statutory scheme puts them all on the hook or not. 

Actually sounds a bit like Engoron may be prepared to let the boys off the hook. 


I'd love to see the family split. We've already seen Ivanka and Melania disappear. "Sorry, pop ... the judge said you have to give up all your money and assets in New York but we get to keep ours. It's a shame but we have to move on."

Edited by Horn Under a Bad Sign
Posted
42 minutes ago, Pig Bellmont said:

And lol at the idea of Trump filing bankruptcy. His popularity hinges on the idea that he’s rich. He won’t give that up 

Typically fraud judgments are not dischargeable in bankruptcy so there wouldn't be much point in him doing so.

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Posted
16 minutes ago, DDD Dad said:

Typically fraud judgments are not dischargeable in bankruptcy so there wouldn't be much point in him doing so.

The point would be that Trump would shout from the roof tops about how unfairly he's being treated, witch hunt, yada yada yada, etc.  And then fundraise off of that.

Posted
22 hours ago, 'stache said:

Jan. 31 is pretty damn fast for a written decision. 

Didn’t this judge do like everyone else back in college and crank out a 100 page paper the day before it was due?  Slack ass mother fucker, get on with it already.

Posted
1 hour ago, TwiceHorn said:

Actually sounds a bit like Engoron may be prepared to let the boys off the hook. 

Yeah after his questioning of the state's argument yesterday it would be a shock if he didn't let them off.

Posted
1 hour ago, DDD Dad said:

Typically fraud judgments are not dischargeable in bankruptcy so there wouldn't be much point in him doing so.

Well, he's got the defamation judgment too.

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Posted
1 hour ago, Pig Bellmont said:

Won’t the fines be levied against the Trump Org and not Trump himself? And the independent monitor can sell off physical real estate assets within the jurisdiction to pay off the fines, assuming cash assets aren’t enough. I’m pretty sure the only individual consequence from this case would be a ban from doing business in NY. 
 

And lol at the idea of Trump filing bankruptcy. His popularity hinges on the idea that he’s rich. He won’t give that up 

Lol. His popularity is based on his hatred and racism and general indifference towards other human beings. He doesn't have to give that up.  See below. 

1 hour ago, VivaNaranja said:

The dudes declared bankruptcy 4-5 times so far selling gambling, steak, and football to Americans. He's shameless and his followers are gullible. He would do.it again and they wouldn't care

 

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Posted

I posted it before and csb/ and all that.  But I ran into her at some moderate commercial real estate developer who works in Austin and Houston years ago.  He was hosting her for something and it was some holiday party and she had just been elected the year before.  And, kinda like how women give a guy bonus credits on looks if he's a musician or a comic or actor or rich (unfair as that may be)...she was all dressed up and looking fit.  And funny and charming and wisely spoken and the Congressional pin and I wouldn't step out on my wife for her but she was legit attractive.  I had no idea who she was but we were both mixing a drink at the kitchen island and she was actually pretty cool.  

And now, she looks like the war criminal of McDonaldland.  

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Posted (edited)

One of Trumps co-defendants is accusing (without evidence) Fani of having an affair with the lead prosecutor.  Didn’t have that on my bingo card.

https://www.cnn.com/2024/01/12/politics/nathan-wade-fani-willis-da-georgia-election-subversion-case/index.html

Spoiler

Lead prosecutor in Georgia election subversion case under scrutiny over alleged affair with DA

Fulton County, GA CNN  —  none

When Nathan Wade was appointed lead prosecutor in the Georgia election interference case in 2021 to prosecute former President Donald Trump, some of his closest allies, lawyers in Cobb County where Wade practiced law, universally wondered, “Why him?”

Fulton County District Attorney Fani Willis had the largest staff of any judicial circuit in Georgia, including salaried lawyers with more experience as felony prosecutors. Wade had once been a prosecutor briefly, but mostly handled misdemeanors and never such a high-profile case.

More than two years later, questions are surfacing about Wade’s role. One of Trump’s co-defendants facing criminal charges over efforts to overturn the 2020 election has alleged in court papers that Wade is romantically involved with Willis and used money he billed the district attorney’s office for his work on the case to take her on lavish vacations.

While the filing didn’t include direct evidence of their romantic involvement, Willis was served this week with a subpoena to appear at a deposition in Wade’s divorce proceedings.

Pallavi Bailey, a spokesperson for Willis, told CNN that the office will respond to the allegations “through appropriate court filings.”

Wade has not responded to CNN’s requests for comment and was smiling as he walked into a scheduled Friday afternoon motions hearing regarding multiple matters related to the case.

Fulton County DA subpoenaed in divorce proceedings of lead prosecutor in Trump case

The situation has created a political firestorm for Willis, with Trump and his co-defendant arguing Wade, Willis and the entire district attorney’s office should be taken off the case. The allegations, if true, may not derail the prosecution, but multiple lawyers tell CNN that the appearance of a conflict of interest could hurt Willis’ chances of securing a conviction before a jury.

The judge overseeing the case said on Friday that he planned to hold a hearing on the allegations in early February.

Former DeKalb County District Attorney Robert James does not question Wade’s qualifications but does have concerns with Willis’ decision to bring him onto the case – if the allegations of an improper relationship hold up.

“If I had a personal relationship, I probably would have not done it,” James said in an interview with CNN, “not because there’s anything inappropriate about it, only because people will take it, twist it and make it look like there’s something inappropriate going on.”

“It’s, just politically, is not something that I think is wise,” James said.

Michael Moore, a former US Attorney in Georgia and a CNN legal analyst, said Willis should consider stepping away from the case given its high-profile nature.

Enter your email to sign up for CNN's "What Matters" Newsletter. 

“I’d tell her to get out of the case. I really think in this type of case with these allegations, this case is bigger than any one prosecutor,” Moore told CNN. “And I think probably to preserve the case to show what’s most important to her is the facts of the Trump case as opposed to her political career if you will at this moment.”

On Friday, the Republican chair of the House Judiciary Committee, Ohio Rep. Jim Jordan, sent a letter requesting that Wade turn over documents and communications pertaining to the Georgia investigation into Trump’s effort to overturn the 2020 election.

Republicans on the Judiciary Committee have long sought to undermine the credibility of Willis’ case. Her office has rebuffed previous demands from Jordan’s asking for documents.

An undisclosed contact with White House

The allegations against Willis and Wade came in a 127-page court filing this week from Michael Roman, a former Trump 2020 campaign official who was indicted over his role in the fake electors plot in Georgia.

Trump’s team is actively considering whether to join Roman’s motion, a move that would represent a formal endorsement of its allegations about both Wade and Willis, according to two sources familiar with the matter.

But there is no sign Trump is in a rush – he can amplify these allegations publicly with little legal risk while waiting to see how the DA’s team responds, the sources said. A Cobb County court has a hearing scheduled January 31 to address Roman’s motion to unseal documents in Wade’s divorce case.

Trump and his political allies are also seizing on entries in Wade’s expense reports that show previously undisclosed contact between Fulton County prosecutors and the Biden White House, claiming they are proof of a coordinated conspiracy to tank the former president’s reelection bid.

The expense reports were included as exhibits in Roman’s filing, showing a phone call with the White House counsel’s office in May 2022 and an “interview with DC/White House” in November 2022.

White House visitor logs from November 2022 show they do not contain any entries for Nathan Wade, according to a CNN review of those records.

Sources familiar with the matter tell CNN the contacts were routine, as Willis was gathering evidence and witnesses to testify before a special grand jury as part of her investigation at that time. One source said the discussions with the White House counsel’s office were about the process for contacting former Trump White House officials.

‘That’s ridiculous’

One line item stood out to multiple lawyers who reviewed Wade’s billing document included in the motion filed by Roman: On November 5, 2021, Wade billed the Fulton County DA for 24 hours in a day at $250 per hour.

“That’s ridiculous,” Fulton County criminal defense attorney Suri Chada Jimenez told CNN. “He could have billed 12 hours at $500 and that’s more credible and along with the rate of other lawyers.”

CNN has not been able to confirm what Wade did that day, but it was almost half a year before the special purpose grand jury was empaneled with investigative powers to spearhead exploring whether crimes were committed in Georgia by Trump and his associates.

Over the past two years, Wade has earned more than $650,000 for his work on the case, according to Roman’s filing which includes invoices from Wade’s firm. The filing alleges that Wade made more than other prosecutors in the DA’s office.

“Prosecutors must be held to the highest standard because unlike us poor defense lawyers they get to take away people’s liberty,” criminal defense attorney Scott Grubman told CNN. Grubman faced off against Wade as the former defense attorney for one-time Trump co-defendant Ken Chesebro, who struck a plea deal with Willis’ team last year.

Others who know Wade and spoke to CNN on conditions of anonymity now worry the allegations could taint Fulton prosecutors’ case against Trump.

“Now, you’ve made it that much harder at having a chance at securing any sort of conviction,” a lawyer who knows Wade personally told CNN. “It’s disappointing.”

Previous missteps

This is not the first criticism of missteps against Willis and Wade to surface in the high-profile case.

In 2022, Fulton County Superior Court Judge Robert McBurney, the judge who oversaw the initial investigation by Fulton prosecutors which lead to the historic state charges, disqualified Willis from pursuing charges against Georgia state Sen. Burt Jones, who also served as a pro-Trump fake elector. The judge’s decision came after Willis held a fundraiser for Jones’ Democratic political opponent and later informed the state Senator, he was a target of her probe.

In a court hearing on the issue, McBurney criticized Willis for hosting the fundraiser for a Democratic candidate running against one of the investigation’s potential targets.

“It’s a ‘What are you thinking?’ moment,” McBurney said. “The optics are horrific.”

And last year, multiple defendants in the election subversion case complained after they received an advertisement brochure mailer at their homes from Wade & Campbell, Nathan Wade’s Atlanta-based defense firm.

Fulton County Superior Court Judge Scott McAfee, who oversees the Fulton case, rejected requests from several defendants in the Georgia election subversion case to have a hearing about the brochure to try to force some type of punishment.

McAfee said the incident was “embarrassing” for prosecutors, but did not find proof it was intentional. “While presumably embarrassing on the part of Special Prosecutor Wade and his firm, this case should not be sidetracked by matters which facially lack merit,” McAfee wrote in his September 2023 order.

Who is Nathan Wade

Wade’s biography on the website of his Atlanta law firm Wade & Campbell describes him as a “former prosecutor and trial attorney” who is a “skilled negotiator who knows when to take a case to trial.”

He was appointed to oversee the 2020 election subversion investigation by Willis in late 2021, as their special purpose grand jury investigation was ramping up.

Wade & Campbell’s website says the partnership focuses on personal injury, contract litigation law, family and domestic law, and criminal defense. And says that Wade serves as Associate Municipal Court Judge and Pro Has State Court Judge in Cobb County.

Manny Aurora, a defense attorney who also worked with Grubman representing Chesebro before he negotiated a plea deal, told CNN he is more concerned by Wade’s “utter lack of experience” more so than the alleged affair and potential payments being made.

“The bigger concern (than the alleged affair and financial payments) is hiring an attorney to handle the biggest RICO case, possibly in the history of US jurisprudence, when that counsel has never handled a RICO case before,” Aurora told CNN.

John Floyd, a lawyer with deep expertise in racketeering cases, joined Willis’ team in 2021 to focus on the Trump case as well as others, including Willis’ gang indictment against the rapper Young Thug.

 

Edited by tx ind
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Posted
7 hours ago, VivaNaranja said:

The dudes declared bankruptcy 4-5 times so far selling gambling, steak, and football to Americans. He's shameless and his followers are gullible. He would do.it again and they wouldn't care

This chucklefuck could go broke selling pussy.

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Posted (edited)
16 minutes ago, Biff Tannen said:

@TwiceHorn Even you’ve got to admit this is a complete mockery of the justice system, no? 

You can't really tell anything from that.  

Chutkan slow-rolled a similar motion from the government where it was a lot bigger issue because of privilege assertions.  https://www.courtlistener.com/docket/67656604/147/united-states-v-trump/

The problem here is that when a defendant invokes advice of counsel, he waives all privilege as to advice from that counsel and the government may be entitled to interview them again, without privilege assertion.  Smith has already pierced privilege in the Mar A Lago case, he had not in the January 6 case.  There was a more compelling reason to grant such a motion early in DC because of the number of counsel whose privilege would then be waived.

Also, it's not nearly as clear that Trump would invoke advice of counsel in the Mar A Lago case.  For one, it doesn't provide much of a defense, and second, possibly more important, I don't think he got any exculpatory advice from anyone except maybe Tom Fitton, who isn't a lawyer in the first place.

Does it look good for a March trial date?  Nah.  But not sure that was realistic in the first place.

Edited by TwiceHorn
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Posted
20 minutes ago, TwiceHorn said:

Does it look good for a March trial date?  Nah.  But not sure that was realistic in the first place.

the big lebowski dude GIF

Trumps ability to indefinitely delay justice does make me question the how realistic it is that he will face any meaning consequence. 

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Posted (edited)
29 minutes ago, Captainant said:

the big lebowski dude GIF

Trumps ability to indefinitely delay justice does make me question the how realistic it is that he will face any meaning consequence. 

Realistically, Aileen Cannon aside, to have a trial date in less than a year in the Mar A Lago case would have been a challenge given the role of classified information and CIPA.  It would take a firm, smart, and experienced judge to keep an early trial setting on track.

And, first trial settings from most judges are aspirational more than realistic almost any time.

Chutkan, who seems to be firm, smart, and experienced is not going to be able to stick to her first trial date, either, for different reasons.

This particular motion has little or nothing to do with the trial date.

I like Joyce Vance a lot, but she's being pretty hysterical here, especially with the "ever."

NB this is not a defense of Cannon, it's some perspective on a matter where there is a seeming total perspective vortex.

Edited by TwiceHorn
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Posted
1 hour ago, Biff Tannen said:

@TwiceHorn Even you’ve got to admit this is a complete mockery of the justice system, no? 

I think Twice is a very sophisticated AI that was programmed to be a very good and thoughtful poster on all issues except Aileen Cannon.

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Posted
21 minutes ago, wildcat09 said:

I think Twice is a very sophisticated AI that was programmed to be a very good and thoughtful poster on all issues except Aileen Cannon.

Well, some of the things speculated about her are fucking ridiculous.  Joyce Vance, above, would be Exhibit A.  Possibly ever.  Goddam Joyce, get a grip.

Posted
1 hour ago, tx 3 putt said:


any dildo that didn’t think cannon was ready to tank this case for trump needs to be cunt punched

My man, that is one hell of a mixed metaphor.



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