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A federal judge will allow E. Jean Carroll to amend her original defamation lawsuit against former President Donald Trump to include comments he made at a CNN town hall.
Carroll, a former magazine columnist, asked the judge for permission to amend the initial November 2019 lawsuit so she could try to seek additional punitive damages after Trump repeated statements a federal jury found to be defamatory. Last month, a jury found in favor of Carroll in her second civil lawsuit, which went to trial. The jury found that Trump sexually abused Carroll and defamed her by denying the attack, saying she wasn’t his type and calling her allegations a hoax.
One day later Trump appeared at the CNN Republican presidential town hall and said, “I have no idea who this woman – this is a fake story, made up story.” He called Carroll a “whack job” and went on a tangent about her ex-husband and pet cat.
This story is breaking and will be updated.
"Choose your leaders with wisdom and forethought. To be led by a coward is to be controlled by all that the coward fears… To be led by a liar is to ask to be told lies." -Octavia E. Butler
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Lt Root Beer of the Mighty 699th. Fogbow s titular Mama June in Fogbow's Favourite Show™ Mama June: From Not To Hot! Fogbow's Theme Song™ Edith Massey's "I Got The Evidence!" https://www.youtube.com/watch?v=C5jDHZd0JAg
Maybenaut wrote: ↑Tue Jun 13, 2023 4:13 pm
Maybe bob or chancery will correct me, but I thought that depositions in criminal trials were the exception rather than the rule, and potential witnesses are deposed only when there is some need to preserve their testimony (like they have a terminal illness, for example), and only by order of the court after a showing of extraordinary circumstances.
The difference between civil and criminal trials has to with due process and the right to confrontation.
IANACrL, but I have the same understanding.
One thing that I learned only relatively recently is that criminal defense lawyers hire investigators to interview witnesses, not only for the sake of efficiency, but to avoid the risk of becoming witnesses themselves. Dunno how strictly they isolate themselves from witnesses; I suppose it depends on lots of things.
I think the largest factor is how much money the client has. As a military criminal defense lawyer (the functional equivalent of the public defender), I had to interview witnesses myself. Even though NCIS/CGIS/AFOSI/Army CID all claim that they are only interested in the truth and work equally for the prosecution and the defense, it isn’t true.
"Hey! We left this England place because it was bogus, and if we don't get some cool rules ourselves, pronto, we'll just be bogus too!" -- Thomas Jefferson
So, after all that, "dozens" turned up. "Dozens." You people afraid of trouble from Trump can relax. This idiot couldn't draw a fart at a bean tasting competition.
True, Suranis. I'm super happy there wasn't any trouble, but since J6 these folks have known they are on LE's radar and T**** will do nothing to help them. So to go there just to get arrested (many again) with no result (on J6, the electoral college results were still finalized) takes an exceptional level of stupid.
BONUS: This just in... Foggy was in Miami all this time! He was hiding this from us. Maybe he drove down overnight, picked up his pal Amy Kremer in Atlanta, and headed to the courthouse.
Lt Root Beer of the Mighty 699th. Fogbow s titular Mama June in Fogbow's Favourite Show™ Mama June: From Not To Hot! Fogbow's Theme Song™ Edith Massey's "I Got The Evidence!" https://www.youtube.com/watch?v=C5jDHZd0JAg
Through one of his attorneys, Trump, who was wearing a dark suit and classic red tie, entered a plea of “not guilty” and sat at quietly a table “with his hands folded,” [CBS' Scott] MacFarland reported.
You call that a fashion report?
Yeh! Like what dark color is the suit? Black, grey, brown?
"Mickey Mouse and I grew up together." - Ruthie Tompson, Disney animation checker and scene planner and one of the first women to become a member of the International Photographers Union in 1952.
AndyinPA wrote: ↑Tue Jun 13, 2023 3:53 pm
Pathetic.
I think today is actually a tragic day, particularly for our country.
The tragedy occurred when he was elected. This day, to me, is a good day. It shows the federal legal system working as it should.
"Mickey Mouse and I grew up together." - Ruthie Tompson, Disney animation checker and scene planner and one of the first women to become a member of the International Photographers Union in 1952.
raison de arizona wrote: ↑Tue Jun 13, 2023 4:38 pm
Seen reporting that the amount of tfg supporters number in the "dozens."
Oliya Scootercaster 🛴 @ScooterCasterNY wrote:
Trump GREETING FANS inside and outside of Versailles Restaurant in Miami after his arraignment. #HappeningNow
NBC News @NBCNews wrote:
Supporters sing 'Happy Birthday' to former President Trump, who turns 77 tomorrow, during a visit to a Miami restaurant after pleading not guilty to federal charges. https://nbcnews.to/43DT6VG
He had to go to a restaurant because half the staff at Mar-A-Lardo are on the witness list and he can no longer talk to them.
"Let us tenderly and kindly cherish, therefore, the means of knowledge. Let us dare to read, think, speak, and write."
John Adams
So, I guess federal cases must be different from state cases. I appreciate the lawyers weighing in and correcting me on this. I had been familiar that depositions are often used in criminal cases but didn't realize it was mostly for state level cases.
Shizzle Popped wrote: ↑Tue Jun 13, 2023 5:27 pm
He had to go to a restaurant because half the staff at Mar-A-Lardo are on the witness list and he can no longer talk to them.
About that... He's still hanging out with naughty Nauta. Good one, Judge
“Remember, democracy never lasts long. It soon wastes, exhausts, and murders itself. There never was a democracy yet that did not commit suicide.” —John Adams
There is no way Trump will let Nauta out of his sight. I bet Nauta doesn't even have access to a cell phone anymore. He probably has no way to contact a lawyer of his own that would be obligated to advise him of what is in his best interest
"It actually doesn't take much to be considered a difficult woman. That's why there are so many of us."
@hugolowell
New: Trump lawyers and his co-defendant Walt Nauta’s lawyer interviewed prospective defense attorneys together at Doral. Trump also had dinner with his own lawyers, Nauta and Nauta’s lawyer last night at BLT Prime.
Interesting. They are separate defendants with separate exposure. I can't imagine them working together as they certainly have conflicting interests.
It's not at all uncommon for the lawyers for jointly-indicted defendants to consult on strategy and to cooperate on trial preparation.
TFG is always late for everything. He’s hours late for rallies, events, and even his own stupid press announcements. He was on time for both arraignments.
Obviously he can be on time, but is usually too much of an inconsiderate jerk to care about anyone else. I hope it eats at him that he knows he can’t control this situation and that he is just another indicted loser.
Tucker Episode 3 went up half an hour ago, it's about the Indictment. The best part is midway through, he absolutely devastates Mike Pompeo over and over and over.
Lt Root Beer of the Mighty 699th. Fogbow s titular Mama June in Fogbow's Favourite Show™ Mama June: From Not To Hot! Fogbow's Theme Song™ Edith Massey's "I Got The Evidence!" https://www.youtube.com/watch?v=C5jDHZd0JAg
orlylicious wrote: ↑Tue Jun 13, 2023 7:04 pmTucker Episode 3 went up half an hour ago, it's about the Indictment. The best part is midway through, he absolutely devastates Mike Pompeo over and over and over.
Maybenaut wrote: ↑Tue Jun 13, 2023 4:13 pm
Maybe bob or chancery will correct me, but I thought that depositions in criminal trials were the exception rather than the rule, and potential witnesses are deposed only when there is some need to preserve their testimony (like they have a terminal illness, for example), and only by order of the court after a showing of extraordinary circumstances.
The difference between civil and criminal trials has to with due process and the right to confrontation.
IANACrL, but I have the same understanding.
One thing that I learned only relatively recently is that criminal defense lawyers hire investigators to interview witnesses, not only for the sake of efficiency, but to avoid the risk of becoming witnesses themselves. Dunno how strictly they isolate themselves from witnesses; I suppose it depends on lots of things.
I think the largest factor is how much money the client has. As a military criminal defense lawyer (the functional equivalent of the public defender), I had to interview witnesses myself. Even though NCIS/CGIS/AFOSI/Army CID all claim that they are only interested in the truth and work equally for the prosecution and the defense, it isn’t true.
As an attorney, I always like to be at the witness interview to get a sense of the person and what kind of witness they would make. I always attempt to have a third party (like an investigator or paralegal) present is mainly for insurance in case the witness changes their testimony at trial. It can be useful if the witness tells you in an interview that "the light was red," but testifies at trial that, "the light was green." The witness may admit that he told two different stories (which may impact credibility), but if the witness denies having told you that, "the light was red," you can put your investigator/paralegal on the stand to confirm what the witness told you in the earlier interview. By having a second person present, you avoid the "lawyer as a witness" problem.
Tom Ryan @tomryanlaw wrote:
Dear 'Zona Litigation Disaster Tourists,
Now that you know about Dec Actions, let’s dive into another issue re the Trump indictment saga that most of the media is getting wrong. It’s the Judicial Canons & recusal as applied to Judge Cannon. 1/
The Code of Conduct for United States Judges, called the Canons, applies to all federal court judges - unfortunately, not the U.S. Supreme Court (think the grifting Clarence Thomas). 2/
These Canons apply to Judge Aileen M. Cannon, who was appointed by former Pres. Trump, & confirmed in 2020 as one of the youngest, least experienced, judges on the U.S. District Courts. 3/
► Show Spoiler
Judge Cannon toiled away in Palm Beach in relative anonymity until she blew the Mar-a-Lago search warrant case; resulting in her being slapped down by a very conservative 3 judge panel of 11thCircuit Appellate Court, 2 of the 3 judges being Trump appointees. 4/
Here’s where the MSM goes off the rails. They keep discussing her overturned ruling in the search warrant case as grounds for Judge Cannon to be replaced on the Trump case. 5/
A judge’s earlier ruling is NEVER grounds to get a new federal judge. The system worked as Judge Cannon got reversed. Only if she shows a definite bias towards Trump in future rulings will her rulings play a role in the analysis. 6/
After a federal judge is assigned to a case, a party has no way to get another judge assigned in normal circumstances. It’s Judge Cannon’s case now. What can be done, if anything? 7/
There is an argument that after the 11th CCA ruling, Judge Cannon might lean over backwards to be fair to the government. Judges do not like getting reversed. Is that Judge Cannon? No one knows. Is there some authority somewhere that helps here? 8/
The Canons tell us whether Judge Cannon should recuse herself or be removed by a supervisory judge or a motion for recusal. on 3(c)(1):
“A judge shall disqualify himself or herself in a proceeding in which the judge’s impartiality might reasonably be questioned. . .." 9/
Confidence in the judiciary is paramount in our system of justice. Many feel Judge Cannon is biased i.e., in the bag for Trump. Many think she is an unqualified judge. Judge Cannon’s “impartiality” is being questioned. But is it being “reasonably” questioned. 10/
Is reasonableness in the eyes of law school ethics professors steeped in the words and nuances of the Canons? Or, in the eyes of lawyers? Or, in the eyes of the public writ large? 11/
Look, because we have lots of federal district court judges, replacing any one of them on a case where not doing so risks confidence in the judiciary and our system makes it the thing to do. How? 12/
Judge Cannon should recuse herself with a brief order that Canon 3(c)(1) says her recusal is required, even though she is unbiased. This is because her “impartiality might reasonably be questioned” by the public and the good of the system comes first. 13/
If Judge Cannon does not do that, the Chief judge of her District Court could, although that is unlikely. 14/
It is also unlikely that Jack Smith's team will file a recusal motion absent very goofy legal rulings by Judge Cannon of the type she made in the Mar-a-Lago case. 15/
To sum up: Judge Cannon’s prior bad ruling is not why she has to go. Say that her impartiality is reasonably questioned which is why. In the meantime, let's all hope she will act like a mature, thoughtful, well prepared, unbiased United States District Court Judge. END
“Remember, democracy never lasts long. It soon wastes, exhausts, and murders itself. There never was a democracy yet that did not commit suicide.” —John Adams