Update on Trump Legal Cases

[BackInTex]

However, I would think it means he's not inclined to grant the Willis disqualification motion, because that would severely compromise the state's ability to take further action on this decision. (A newly appointed special DA would have to make that decision.)

If the judge is basing his decisions on purely legal grounds, why would he consider what that decision has to do with the state's ability to do anything?
Are we admitting that justice is not truly blind to politics, or what?

No, this would be a purely legal decision, based on principles of judicial fairness. The state has no automatic right of appeal in this case. Instead, they have 10 days to file a request with Judge McAfee for a "certificate of immediate review," which would allow them to do so. Judge McAfee indicated he would be favorably inclined to issue such a certificate The state then has 10 days to file their notice of appeal with the Court of Appeals, which has the discretion whether or not to hear the appeal. The state's ability to consider its options would be severely hampered if Willis were disqualified now. The judge didn't have to issue the order today. He could have done so last month or next week.

The state has been embarassed enought by this farce. They won't appeal.

[flockofseagulls104]

If the judge is basing his decisions on purely legal grounds, why would he consider what that decision has to do with the state's ability to do anything?
Are we admitting that justice is not truly blind to politics, or what?

No, this would be a purely legal decision, based on principles of judicial fairness. The state has no automatic right of appeal in this case. Instead, they have 10 days to file a request with Judge McAfee for a "certificate of immediate review," which would allow them to do so. Judge McAfee indicated he would be favorably inclined to issue such a certificate The state then has 10 days to file their notice of appeal with the Court of Appeals, which has the discretion whether or not to hear the appeal. The state's ability to consider its options would be severely hampered if Willis were disqualified now. The judge didn't have to issue the order today. He could have done so last month or next week.

The state has been embarassed enought by this farce. They won't appeal.

There's more real evidence against Willis and Wade than against all the defendants in their sham rico case put together.

[silverscreenselect]

1) Judge Cannon in Florida held arguments today on two of Trump's motions to dismiss the classified documents case. She denied one motion in which Trump claimed that the espionage statute he was being prosecuted under was too vague. (Dozens of cases have been successfully prosecuted under that statute.) She took another motion under advisement where Trump claimed he had the authority to label the classified documents as his "personal" documents. Other Trump motions were not argued in today's hearing.

2) Manhattan DA Bragg has notified the court in the hush money case that his office is willing to postpone the trial for what he recommends as 30 days. The Justice Department last week provided Trump with 100,000 pages of documents regarding the federal prosecution of Michael Cohen. Trump had subpoenaed those records in January but the material was just turned over this week. Trump is asking for at least a 90-day postponement or an outright dismissal of charges.

[Pastor Fireball]

Judge Scott McAfee just ruled that DA Fani Willis is permitted to remain on the Georgia RICO case, provided that Nathan Wade leaves.

[silverscreenselect]

Judge McAfee issued his long-awaited decision today. He's giving Willis a choice which is not really a choice. Either her entire office is removed from the case (which would effectively end the prosecution, since the chances of a replacement DA being appointed are very slim), or she removes Nathan Wade from the case.

1) The judge found no actual conflict of interest. The defense failed to prove any significant financial benefit to Willis and noted that her actions in trying to speed the case up militated against a finding when was trying to milk the case so Wade could get a higher fee. He also found no actual prejudice to any defendant resulting from Willis' actions.

2) Nonetheless, he found an appearance of impropriety. He was unwilling to make a finding of whether or not their relationship started before Wade was appointed but found problems with everyone's credibility in that regard. He referred to an "odor of mendacity" in the case. Because Georgia law is somewhat unclear here, he decided he had to take some action but not necessarily disqualify the entire DA's office, he came up with this choice. He felt that as long as Wade remained on the case, reasonable people might feel that there was still a romantic relationship or some exchange of benefits. So, the DA could continue if Wade left. He added that other entities like the State Bar may want to take other action in the case.

3) Similarly, he was troubled by Willis' speech on MLK Day before a black church in which she claimed that the motion to disqualify Wade was brought because he was black and the other special prosecutors appointed were white. But he didn't find that sufficient to warrant disqualification.

So the case will proceed, Wade will step down, and a replacement will be named. The other two special attorneys Willis hired have more experience at RICO cases, so their input will continue. Wade's position was more a managing attorney for the entire case. My guess is that Willis was probably preparing for this eventuality in terms of getting Wade to sum up what he had been doing so a replacement can step in as soon as possible. Some of the commentators have suggested the DA may personally recuse herself from the case, and I think that's a definite possibility.

[flockofseagulls104]

Once again, the issue of Willis's and Wade's meetings with the biden administration is carefully IGNORED. Fulton County's corruption sidestepped once again. Perhaps the rino republicans will grow a spine and do something to stop this fiasco. Not holding my breath.

[BackInTex]

Once again, the issue of Willis's and Wade's meetings with the biden administration is carefully IGNORED. Fulton County's corruption sidestepped once again. Perhaps the rino republicans will grow a spine and do something to stop this fiasco. Not holding my breath.

The corruption is rampant, but know way they'd ever conspire to rig an election. No way.

[flockofseagulls104]

Once again, the issue of Willis's and Wade's meetings with the biden administration is carefully IGNORED. Fulton County's corruption sidestepped once again. Perhaps the rino republicans will grow a spine and do something to stop this fiasco. Not holding my breath.

The corruption is rampant, but know way they'd ever conspire to rig an election. No way.

Wade has resigned. It is so disappointing that we will not have him to seek justice for us and preserve our democracy anymore.

But at least we will still have Fani seeking justice for us poor citizens of Georgia. Whatever justice means anymore. And whatever they define as preserving our democracy.

[silverscreenselect]

But at least we will still have Fani seeking justice for us poor citizens of Georgia. Whatever justice means anymore. And whatever they define as preserving our democracy.

You have no idea what evidence Willis and Jack Smith have against Trump and the others but you are convinced they have no case. Based on what? Trump's denials?

[flockofseagulls104]

But at least we will still have Fani seeking justice for us poor citizens of Georgia. Whatever justice means anymore. And whatever they define as preserving our democracy.

You have no idea what evidence Willis and Jack Smith have against Trump and the others but you are convinced they have no case. Based on what? Trump's denials?

Neither do you. But I know your conviction is based on your TDS. And I know what all their motives are in bringing these unprecedented and politically convenient indictments. Pretty obvious, especially in James case. She told everyone unambiguously.

[silverscreenselect]

Donald Trump has filed a notice with the appeals court in New York that would hear his appeal in the $450+ million civil fraud suit judgment against him. He has notified the court that he can't post the bond in this case because 30 underwriters have turned him down. He has asked the court to delay the posting of the bond until the appeal is over, saying that the value of his properties far exceeds the amount of the bond. Unless the court grants Trump's request, the State of New York can begin levying on Trump's New York properties next Monday to satisfy the judgment. This would include Trump Tower but not include Mar-a-Lago, which is beyond the New York court's jurisdiction. If any property is seized, it would be sold at auction. The existing mortgage holders would be paid first, followed by the State of New York. Any remaining money would go back to Trump. Although there are several other NYC buildings that bear his name, he doesn't own many of them. Trump does not actually own the Trump International Hotel in New York; he owns the parking garage, some kitchen space, and one unit in the building. He also does not own the 40 Wall Street Trump Building; he has a ground lease there.

[silverscreenselect]

Judge McAfee issued his long-awaited decision today. He's giving Willis a choice which is not really a choice. Either her entire office is removed from the case (which would effectively end the prosecution, since the chances of a replacement DA being appointed are very slim), or she removes Nathan Wade from the case.

Trump and his co-defendants have asked Judge McAfee for a "certificate of immediate review" from this decision. Normally, parties are not allowed to file what are called interlocutory appeals, meaning appeals on decisions that don't finally resolve a case. The reason being that endless appeals on pre-trial motions would prevent many cases from going to trial for years. The judge can issue a certificate of immediate review which would allow the defense to seek an appeal with the Court of Appeals. That could delay the case for several months, even if the Court of Appeals does eventually decide not to hear the case. (Willis also has the right to seek a certificate for immediate review of the part of the judge's decision that required her to remove Wade, but it's highly doubtful she will do so.)

It's worth noting that in his opinion dismissing six counts of the indictment last week, the judge indicated he would be inclined to issue a certificate if asked. He made no such indication in this decision.

[Pastor Fireball]

Donald Trump has filed a notice with the appeals court in New York that would hear his appeal in the $450+ million civil fraud suit judgment against him. He has notified the court that he can't post the bond in this case because 30 underwriters have turned him down. He has asked the court to delay the posting of the bond until the appeal is over, saying that the value of his properties far exceeds the amount of the bond. Unless the court grants Trump's request, the State of New York can begin levying on Trump's New York properties next Monday to satisfy the judgment. This would include Trump Tower but not include Mar-a-Lago, which is beyond the New York court's jurisdiction. If any property is seized, it would be sold at auction. The existing mortgage holders would be paid first, followed by the State of New York. Any remaining money would go back to Trump. Although there are several other NYC buildings that bear his name, he doesn't own many of them. Trump does not actually own the Trump International Hotel in New York; he owns the parking garage, some kitchen space, and one unit in the building. He also does not own the 40 Wall Street Trump Building; he has a ground lease there.

Wow, it's almost as if he isn't actually a billionaire and that his bloviating about his wealth was the original "Big Lie"! Who ever could have seen that coming, besides everybody?

[silverscreenselect]

Trump and his co-defendants have asked Judge McAfee for a "certificate of immediate review" from this decision. Normally, parties are not allowed to file what are called interlocutory appeals, meaning appeals on decisions that don't finally resolve a case. The reason being that endless appeals on pre-trial motions would prevent many cases from going to trial for years. The judge can issue a certificate of immediate review which would allow the defense to seek an appeal with the Court of Appeals. That could delay the case for several months, even if the Court of Appeals does eventually decide not to hear the case. (Willis also has the right to seek a certificate for immediate review of the part of the judge's decision that required her to remove Wade, but it's highly doubtful she will do so.)

Judge McAfee has issued the certificate of immediate review requested by the defense in this case. The defense now has 10 days to file its notice of appeal, and the Court of Appeals has 45 days to decide whether to hear the appeal. The burden is on the defense to show that the case merits immediate review. If they decide to hear the appeal, it will proceed as any other appeal with both sides filing briefs. If they decide not to hear the appeal, the defense can then appeal to the Georgia Supreme Court. However, the Georgia Supreme Court has only limited jurisdiction to hear cases, and it doesn't appear that this decision falls within the parameters of Supreme Court jurisdiction.

Of note, Judge McAfee in his order did not stay other proceedings in the Trump case pending this appeal. So, unless the Court of Appeals issues a stay, other proceedings like discovery and any other motion filings will continue as before. Also, the Court of Appeals normally would not make its own determination of factual issues. So the judge's ruling that there was no actual conflict of interest would not be subject to review in most cases. All the Court of Appeals could do is to decide if Judge McAfee applied the correct legal standard.

[silverscreenselect]

Letitia James has filed the $450+ million fraud judgment against Trump in Westchester County, NY, indicating that she plans to levy against Trump's 370-acre estate known as Seven Springs, which is located in the county. That filing means that she has placed a blanket lien against all properties owned by Trump in the county. The Seven Springs property includes a 50,000 square foot main house and the Trump National Golf Club.

Unless Trump comes up with an appeal bond or gets the appeals court to grant him some relief, James could start proceedings against the property Monday.

[flockofseagulls104]

Completely disgusting.

These attacks on political opposition will be business as usual and completely unleashed if the dems and swamp are allowed to retain power. It will not be limited to trump. They will go after anyone and everyone with all the power of the federal government. They have already done that to people I know through my Election Integrity work, and most of us are wary. This is not America. This is third world stuff.

[wbtravis007]

Completely disgusting.

These attacks on political opposition will be business as usual and completely unleashed if the dems and swamp are allowed to retain power. It will not be limited to trump. They will go after anyone and everyone with all the power of the federal government. They have already done that to people I know through my Election Integrity work, and most of us are wary. This is not America. This is third world stuff.

Oh no! Thoughts and prayers are with your friend who lives in South Texas. I’m sure hoping that he or she isn’t one of the personal acquaintances or yours that are facing the crushing power of the federal government.

Stay safe, flock!

[silverscreenselect]

They will go after anyone and everyone with all the power of the federal government. They have already done that to people I know through my Election Integrity work, and most of us are wary.

Flock, you need to associate with a better class of people. Avoid hanging around prisons for a start.

[silverscreenselect]

Just the other day this defeated looking man came up to me and said: "Mr. President I need your help. I’m in crushing debt. I’m completely wiped out.” I told him: “Donald, I’m sorry. I can’t help you."

[silverscreenselect]

While that was going on, we were writing responsive briefs, we were still doing the case in a way that it needed to be done. I don’t feel like we’ve been slowed down at all. I do think there are efforts to slow down this train, but the train is coming. We’re not going to miss or skip a beat because of all the noise or distraction on one case. We’re going to continue to do our work.

We may ask for [an August trial] date again, but we do understand a case has to go through the steps and go through the process. I’m also realistic that one of the defendants has multiple cases going on and some of them have trial dates that are ahead of ours. So, I’m always going to be respectful of sister jurisdictions.

I hear the train a-comin', it's rolling 'round the bend
And I ain't seen the sunshine since I don't know when
I'm gonna be stuck in Georgia State prison, and time keeps draggin' on
But that train keeps a-rollin' on down to Reidsville.

[flockofseagulls104]

The trainwreck is on the other track

[jarnon]

Trump got loans on more favorable terms than if he had applied for them honestly. It doesn’t matter that he repaid the loan as required. When some people pay less for loans due to their fraud, banks have to charge the rest of us more to break even. He’s lucky that he just has to pay a penalty. He could have been charged with a federal crime: bank fraud (18 U.S.C. §1344).

[flockofseagulls104]

Trump got loans on more favorable terms than if he had applied for them honestly. It doesn’t matter that he repaid the loan as required. When some people pay less for loans due to their fraud, banks have to charge the rest of us more to break even. He’s lucky that he just has to pay a penalty. He could have been charged with a federal crime: bank fraud (18 U.S.C. §1344).

To break even? Did they lose any money I am not aware of? Oh, they could have made more? Too bad they didn't do their due diligence or refuse the loan. That was totally in their power. They didn't have Engoron's vision of valuing Mar A Lago at 18 million. Silly banks.
Still that is no excuse for fining him half a billion dollars. That is pure political spite. And then giving him less than a month to raise that much money in order to even allowed to appeal this unfair and political arbitrary punishment? This is garbage, this is completely fucked up. These low life partisan flunkies are trying to ruin him, and you know it.

[tlynn78]

Trump got loans on more favorable terms than if he had applied for them honestly. It doesn’t matter that he repaid the loan as required. When some people pay less for loans due to their fraud, banks have to charge the rest of us more to break even. He’s lucky that he just has to pay a penalty. He could have been charged with a federal crime: bank fraud (18 U.S.C. §1344).

Oh, those poor banks. Jesus Christ.

[jarnon]

Trump got loans on more favorable terms than if he had applied for them honestly. It doesn’t matter that he repaid the loan as required. When some people pay less for loans due to their fraud, banks have to charge the rest of us more to break even. He’s lucky that he just has to pay a penalty. He could have been charged with a federal crime: bank fraud (18 U.S.C. §1344).

Oh, those poor banks. Jesus Christ.

The banks are doing just fine. When they charge one borrower less, they have to charge other borrowers more to cover their expenses (paying interest to their depositors, operating expenses, and occasional loan defaults). That’s why the victim of this crime is the people of New York as a whole.