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Post by aj2hall on Mar 28, 2024 21:05:14 GMT
www.nytimes.com/2024/03/28/us/trump-georgia-hearing.htmlTrump’s Defense Team Argues First Amendment Prohibits Georgia Charges Fulton County prosecutors say Donald J. Trump’s comments about the 2020 election were meant to advance a broad criminal scheme to overturn the election results. Donald J. Trump’s lead defense lawyer in Georgia argued in court on Thursday that the former president’s criminal indictment should be dismissed because it was based on comments that Mr. Trump had made about the 2020 presidential election that were protected by the First Amendment.
The lawyer, Steven H. Sadow, said that Mr. Trump’s comments, writings and internet posts after the November 2020 election amounted to political speech, which courts have considered sacrosanct under the First Amendment.
“Take out the political speech, no charges,” Mr. Sadow said at the hearing in a courtroom in downtown Atlanta.
Fulton County prosecutors pushed back, arguing that Mr. Trump’s statements were part of a broad conspiracy to illegally overturn his election loss. The scheme is outlined in a sweeping racketeering indictment that was handed up in August and that named Mr. Trump alongside 18 co-defendants. Four of the co-defendants have since pleaded guilty.
The argument that First Amendment grounds should block Mr. Trump from being prosecuted criminally for efforts to overturn the 2020 election results has previously been rejected by a U.S. District Court judge, Tanya Chutkan, in a separate federal prosecution that is unfolding in Washington, D.C.
Georgia prosecutors noted the earlier ruling in court on Thursday. They also argued that Mr. Trump’s comments should not be considered on their own, but as part of a series of actions aimed to advance crimes including racketeering.
Mr. Trump’s statements were “employed as part of the pattern of criminal conduct in numerous ways, so there’s nowhere to go,” said Donald Wakeford, a prosecutor in the Fulton County district attorney’s office.
Scott McAfee, the presiding judge in the case, did not make a ruling from the bench on Thursday.
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Gem Girl
Pearl Clutcher
......
Posts: 2,686
Jun 29, 2014 19:29:52 GMT
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Post by Gem Girl on Mar 28, 2024 21:20:26 GMT
The lawyer, Steven H. Sadow, said that Mr. Trump’s comments, writings and internet posts after the November 2020 election amounted to political speech, which courts have considered sacrosanct under the First Amendment. Another wonderful day to be Sadow. They never even tried to deny TFG's guilty, but this is a ludicrous argument. I suppose every word the Orange One says is political speech, and by this reasoning, he can commit any crimes he wants as long as he talks about them. SMH
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Post by revirdsuba99 on Mar 29, 2024 17:19:57 GMT
Shipley a Jan6 defense lawyer.. yes all should have access to a lawyer, but lawyers should support the law and truth!
Bill Shipley, who represents a number of Jan. 6 defendants, said that Trump's New York business fraud trial could result in a hung jury thanks to his attending the wake of officer Jonathan Diller, who was shot and killed while conducting a traffic stop Monday.
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Post by aj2hall on Mar 29, 2024 22:01:02 GMT
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Post by revirdsuba99 on Mar 29, 2024 23:44:53 GMT
A hidden little gem..... A lawsuit that was launched in 2020 against then-President Donald Trump and his administration accusing them of unconstitutionally clearing racial justice protesters at Lafayette Square Park by using chemical irritants, including tear gas, before Trump used the area for a photo op holding a bible, could come back to haunt the former president. The lawsuit in question, Buchanan v. Trump, ended up being settled with the government. But damage claims against Trump and other officials present at the square that day, like former Attorney General Bill Barr, still remain, Law&Crime reported. The damage claims were ultimately thrown over laws that protect federal officials from civil lawsuits. A report was then released by U.S. Interior Department’s inspector general finding that the park was cleared to make way for Trump's photo op. However, the report also found the use of chemical irritants had been inconsistent with acceptable practices and also found that protesters did not know that police had previously ordered them to leave. "With that finding made and their lawsuits at a seeming standstill, the Buchanan plaintiffs had one avenue left: A new amended complaint approved by a judge," Law&Crime's report stated. "And that is exactly what’s unfolded quietly in the background of Trump’s many other pressing legal dramas in recent weeks and months. Though the merits of the plaintiff’s amended claims have yet to be decided, a judge has granted the parties the right to serve Trump." Speaking to Law&Crime, a lawyer from the firm representing the Buchanan plaintiffs said the new claim will be file before mid-April. "We anticipate filing our claims against Mr. Trump by April 12, as the Court directed in granting our motion to amend in part. Our clients look forward to seeing Mr. Trump in Court and holding him accountable for his and others’ attacks on the rights of peaceful protesters in Lafayette Square," said Lee Crain, a partner at Gibson Dunn. lawandcrime.com/high-profile/the-trump-docket-a-forgotten-legal-battle-is-about-to-rear-its-ugly-head/
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Post by revirdsuba99 on Mar 31, 2024 0:09:36 GMT
He has now posted pictures of the hush money judge's DD. When Trump posted the article to his social media platform, which recently went public, two photos of the judge's daughter were prominently displayed on the former president's profile.www.rawstory.com/trump-posts-pics-of-judges-daughter/
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Post by Lurkingpea on Mar 31, 2024 0:11:46 GMT
He has now posted pictures of the hush money judge's DD. When Trump posted the article to his social media platform, which recently went public, two photos of the judge's daughter were prominently displayed on the former president's profile.www.rawstory.com/trump-posts-pics-of-judges-daughter/Can she file something to get him to stop since no one else seems to be doing anything?
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Post by revirdsuba99 on Mar 31, 2024 0:20:39 GMT
Lurkingpea Somewhere someone mentioned that NY has fairly strong stalking laws. *** In New York, it is a crime when a person intentionally, and for no legitimate purpose, engages in conduct at a person and they know that conduct is likely to cause that person reasonable fear for their safety," Christian said. "That's called stalking in the fourth degree." Christian's analysis arrived just one day after a federal judge made the rare decision to take to the airwaves and warn about the danger Trump's social media threats pose. While Trump has not violated Merchan's gag order, which does not bar the former president from speaking out against the judge or his family, Christian — and a number of prosecutors and federal judges — say they're deeply concerned about the consequences. "Donald Trump named her," said Christian. "He has targeted her four times publicly. ... I'm putting it out there for any law enforcement." Merchan's daughter may find herself in a more precarious situation because, as an adult woman, she presumably does not live with her father and will not benefit from protections the court places on his home, noted Christian's co-panelist, MSNBC Lisa Rubin. Christian noted Merchan's daughter has no connection to the charges, levied by Manhattan District Attorney Alvin Bragg,...... www.rawstory.com/trump-hush-money-judge/
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Post by revirdsuba99 on Apr 1, 2024 21:11:42 GMT
I have come to a conclusion... Tighten the gag order. Let him know he will be held accountable. Violation = jail!!
Put him in jail to sit... Let his followers protest however they choose. Authorities will be prepared. Better we see now what they will do to prepare us for November!!!!
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Post by aj2hall on Apr 2, 2024 0:26:49 GMT
Happy to see this but it never should have been necessary in the first place. www.nytimes.com/2024/04/01/nyregion/trump-gag-order-juan-merchan.htmlGag Order Against Trump Is Expanded to Bar Attacks on Judge’s Family Donald Trump had in recent days targeted the daughter of Juan Merchan, the judge overseeing his criminal trial in Manhattan, in blistering social media posts. The New York judge overseeing Donald J. Trump’s upcoming criminal trial expanded an existing gag order on Monday to bar the former president from attacking the judge’s family members, who in recent days have become the target of Mr. Trump’s abuse.
And although the ruling issued on Monday still does not apply to the judge or the district attorney, Justice Merchan, granting a request from Mr. Bragg’s office, amended the gag order so that it does now cover their families.
In his ruling, the judge cited recent attacks against his daughter, and rejected Mr. Trump’s argument that his statements were “core political speech.”
“This pattern of attacking family members of presiding jurists and attorneys assigned to his cases serves no legitimate purpose,” Justice Merchan wrote. “It merely injects fear in those assigned or called to participate in the proceedings, that not only they, but their family members as well, are ‘fair game’ for defendant’s vitriol.”
In a court filing on Monday, Mr. Bragg’s office asked the judge to warn Mr. Trump that he will be punished if he ignores the order, in stark language that seemingly underscored the state’s concern about the former president’s words.
“Defendant’s dangerous, violent and reprehensible rhetoric fundamentally threatens the integrity of these proceedings and is intended to intimidate witnesses and trial participants alike — including this court,” Mr. Bragg’s office wrote.
And in his ruling on Monday, Justice Merchan focused on his concerns about the impact of Mr. Trump’s statements on the upcoming trial.
“It is no longer just a mere possibility or a reasonable likelihood that there exists a threat to the integrity of the judicial proceedings,” the judge wrote. “The threat is very real.”entitlement to instigate fear and even physical harm
BREAKING: Manhattan District Attorney Alvin Bragg brings down the hammer on Donald Trump, slams his attacks on the hush money trial judge's daughter, and demands that the gag order be expanded to protect her.
Bragg really didn't hold back this time...
"Defendant’s dangerous, violent, and reprehensible rhetoric fundamentally threatens the integrity of these proceedings and is intended to intimidate witnesses and trial participants alike— including this Court," writes prosecutor Matthew Colangelo in the new filing.
The gag order has been getting more and more media attention as Trump has escalated his attacks on Judge Juan Merchan and his innocent daughter. The order bars Trump from attacking court staff, prosecutors, jurors, and witnesses — but clearly it doesn't go far enough.
Bragg is asking the judge to clarify and/or expand the existing gag order to protect the judge's family as well as Bragg's.
Prosecutors were able to cite over a half-dozen Truth Social posts from Trump over the past week, including a disgusting smear attack against the judge's daughter for supporting progressive causes.
"This issue is not complicated. Family members of trial participants must be strictly off- limits," Colangelo writes.
"Defendant’s insistence to the contrary bespeaks a dangerous sense of entitlement to instigate fear and even physical harm to the loved ones of those he sees in the courtroom," he goes on.
"This Court should immediately make clear that defendant is prohibited from making or directing others to make public statements about family members of the Court, the District Attorney, and all other individuals mentioned in the Order," he adds.
Additionally, prosecutors want the judge to formally warn Trump that "continued harassing or disruptive conduct" will make him lose access to the names of trial jurors — since he clearly cannot be trusted with the information.
The time for action is now.
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Post by revirdsuba99 on Apr 2, 2024 2:38:02 GMT
"The company that underwrote Trump's bond tonight in the NY Attorney General's civil fraud case, Knight Specialty Insurance Co., is owned by Don Hankey, the so-called 'king of subprime car loans.' But that's not all," wrote Rubin......
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Post by revirdsuba99 on Apr 2, 2024 16:00:31 GMT
Updated gag order violation already??
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Post by revirdsuba99 on Apr 2, 2024 19:17:49 GMT
It's official, John Eastman has been disbarred in California! A onetime attorney for former President Donald Trump cannot practice law in California after a judge's ruling recommended disbarment, according to state records and reports. A bold red message on the State Bar of California alerts viewers John Eastman is "Not Eligible to Practice Law," the progressive news site Democracy Docket was among the first to report Tuesday. The status update comes with a hefty consumer alert warning would-be clients that Eastman was been charged with a felony in Georgia, where Fulton County District Attorney Fani Wills has accused the lawyer, Trump and more than a dozen others with election racketeering. www.rawstory.com/john-eastman-law-license/
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Post by aj2hall on Apr 2, 2024 21:29:40 GMT
no one is above the lawIf our country is truly based on the principle that no man is above the law, then Trump can't be above the law either.
replying to
Trump's rhetoric about ongoing court cases has been deemed so potentially dangerous, so many times, that a variety of judges have found it necessary to impose limits on what he can say.
Just because it keeps happening doesn't make it any less remarkable.www.msnbc.com/rachel-maddow-show/maddowblog/gag-order-trump-didnt-leave-ny-judge-much-choice-rcna145980On gag order, Trump didn’t leave N.Y. judge with much of a choice. Donald Trump went after Judge Juan Merchan’s daughter — publicly and repeatedly. The result, not surprisingly, was a revised gag order.
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Post by Scrapper100 on Apr 3, 2024 17:15:54 GMT
Will he ever actually face any consequences for ignoring the gag order? I mean anyone else would already have been in jail for at least an overnight stay. He isn’t going to stop as he knows he will just continue to get slapped on the wrist.
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Post by revirdsuba99 on Apr 3, 2024 18:02:41 GMT
TFG bond documents REJECTED!!! Returned with instructions to his lawyers what they need to correct!! Only the best!!!
Documents related to Donald Trump's $175 million bond were "returned for correction" after his lawyers reportedly forgot to attach a financial statement. *** The court has returned the documents listed below for the following reasons: Please include a current financial statement and Power of Attorney," the instructions said. "Additionally, please list the name of the Attorney-in-Fact under the signature line on the Undertaking. Please use the 'Refile Document' link for Doc. No. 1707 to resubmit the corrected filing. Thank you and have a great day."
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Post by revirdsuba99 on Apr 3, 2024 20:13:14 GMT
It seems that TFG is not getting the same support from his GOP buddies with his cases dealing with SCOTUS. They submitted an Amicus brief for the Colorado case to block him from the ballot case. It was signed by 41 Republican senators and 136 members of the House. His Immunity case goes before SCOTUS April 25 and his GOP buds did file an amicus brief, only this time ONE senator and and 26 from the House signed this. It appears they are not so much in lockstep with TFG or any president having immunity!! www.rawstory.com/trump-presidential-immunity-2667674275/
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Post by aj2hall on Apr 3, 2024 22:09:49 GMT
judge denied bid to delayNew: Justice Merchan denies Trump’s bid to stave off criminal trial in New York based on presidential immunity. Merchan says that Trump’s motion is denied as untimely.
“The court finds that the defendant has myriad opportunities to raise the claim of presidential immunity well before March 7, 2024”—the date when Trump filed his immunity motion.
Because he finds that Trump’s motion is denied as untimely, Justice Merchan says that he need not address the question of whether presidential immunity “precludes the introduction of evidence of purported official presidential acts in a criminal proceeding.”
Recall: While Trump has argued in other cases that he is “absolutely” shielded from standing trial, his NY motion was slightly different.
He claimed that presidential immunity prohibited the use of certain evidence at trial—namely, official communications during his Presidency.
Trump also argued that Merchan should delay the trial until SCOTUS weighs in on presidential immunity in the DC election interference case.
But Merchan didn’t reach the merits of the presidential immunity arguments bc he found that Trump’s motion should be denied as untimely.
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Post by revirdsuba99 on Apr 4, 2024 5:06:16 GMT
Uh oh... A legal analyst is clearing things up when it comes to a recent filing in Donald Trump's civil fraud case. Earlier in the day, Raw Story reported that documents related to Donald Trump's $175 million bond in that case were "returned for correction" after his lawyers reportedly forgot to attach a financial statement. But legal eagle Lisa Rubin had something else in mind. "Today, I learned that the court filing reflecting Trump’s bond in the civil fraud case was 'returned for correction' and specifically, for the inclusion of a current financial statement and power of attorney. But all is not what it seems," Rubin said Wednesday. "The financial statement that is missing does not seem to be Trump’s. Rather, the court appears to be demanding these documents from Knight Specialty Insurance Co. to ensure that company is sufficiently capitalized and authorized to post the bond."Rubin added that, "As of tonight, those documents do not appear on the docket." "But you know who likely DOES have all of those details? Retired federal judge Barbara Jones, the court-appointed monitor in the case. Under a 3/21/24 order, the Trump Org must give her advanced notice of their efforts to secure surety bonds," the analyst added. The information she is entitled to includes “any financial disclosures requested or required, any information provided in response to such requests, any representations made by the Trump Org. in connection with acquiring such bonds.'" www.rawstory.com/trump-lisa-rubin-evidence/
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Post by onelasttime on Apr 4, 2024 18:04:05 GMT
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Post by revirdsuba99 on Apr 4, 2024 19:23:41 GMT
Conflicts for TFG, who surely try to get the hush money trial delayed... Because... Lawyers for the co-founders of Donald Trump's social media company will depose the former president later this month in regards to the dispute over who owns the Trump Media & Technology Group.As Reuters points out, the deposition will take place on April 15th, which is the same day jury selection is scheduled to begin for his New York hush money criminal trial. Depositions are sometimes rescheduled due to scheduling conflicts. *** Speaking on CNBC's Squawk Box this Thursday, IAC and Expedia Chairman Barry Dille said Trump Media is “a scam,” and people buying its stock are “dopes." “I mean, it’s ridiculous,” Diller said. “The company has no revenue.” “It’s a scam, just like everything he’s ever been involved in is some sort of con,” he said of Trump. www.rawstory.com/trump-media-2667697254/
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Post by revirdsuba99 on Apr 4, 2024 19:43:26 GMT
So... AG James wants proof the bonding company has funds to cover the full amount and has filed for the info. New York Attorney General Letitia James submitted a filing on Thursday asking for proof that the company covering Donald Trump's $175 million bond in his fraud case is actually "financially sound." James told the New York City civil court — where Trump was found liable for damages upwards of $464 million — that she had serious concerns about Knight Speciality Insurance Company's agreement with the former president. *** The filing said she, “Hereby takes exception to the sufficiency of the surety,” noting the Knight Specialty Insurance Company is trying to operate “without a certificate of qualification.” In New York, state regulators are required to meet certain standards, guaranteeing they are “solvent, responsible and otherwise qualified to make policies or contracts of the kind required.” Since the company is out of California, New York doesn't have that information. James explained in her filing that the company must prove that they are financially able to cover Trump's hefty sum if he loses the appeal. www.rawstory.com/trump-bond-2667696958/
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Post by revirdsuba99 on Apr 4, 2024 19:57:02 GMT
McAfee made another ruling today too. Former Georgia Republican Chair David Shafer's motion was denied Thursday after he asked Fulton County Superior Court Judge Scott McAfee to strike specific phrases from his indictment. *** The three phrases — "duly elected and qualified presidential electors," "false Electoral College votes," and "lawful electoral votes" — all had to do with the fake electors that conspired to make Donald Trump win Georgia's 2020 presidential election, according to 11 Alive. ***In his 3-page ruling, McAfee concluded, "Because the Court finds no legal basis to strike this language, the Defendant's claim that certain counts must be dismissed also fails, and the motion is denied." www.rawstory.com/denied-trump-co-defendant-loses-bid-to-have-electors-stricken-from-indictment/
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Post by revirdsuba99 on Apr 4, 2024 19:58:29 GMT
His followers are posting about a civil war to come after the above ruling...
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Post by aj2hall on Apr 4, 2024 21:52:28 GMT
Rulings have not gone his way this week and his stock is tanking. This seems like a good analogy
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Post by onelasttime on Apr 4, 2024 22:13:17 GMT
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Post by revirdsuba99 on Apr 4, 2024 22:37:01 GMT
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Post by aj2hall on Apr 4, 2024 22:43:18 GMT
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Post by aj2hall on Apr 4, 2024 22:47:57 GMT
If Trump and the bond company did everything legally and have nothing to hide, James’ request should not be a big deal. Seems like she’s taking the prudent step to make sure the company has the money to back it the bond. Eric and Donald seem to think everyone should just take them at their word. Like Trump’s statement that he had the cash on hand to pay the bond.
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Post by revirdsuba99 on Apr 4, 2024 22:49:08 GMT
The rest of the "x" above
Please note that Cannon is still holding on to have the PPA in the jury charges .. many are thinking that may push Smith to possible going to the 11th Circuit..
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