Falsehoods Unchallenged Only Fester and Grow
https://thefogbow.com/forum/
Actually, Donald, I think probably most of the women you attacked, you had no idea who any of them were. You explained that to Billy Bush, remember?“... I have no idea who she is – it’s ridiculous,” he said.
Litman clerked for Justice Thurgood Marshall, was a federal prosecutor, including United States Attorney for WDPa, and is now a law professor. And his tweets are generally thoughtful.Harry Litman
@harrylitman
Trump was out maneuvered from the time of the deposition. If tech Apina had been smarter, they could’ve got some questions in that they would have been able to use now to some mitigation
4:30 AM · May 4, 2023
Patrick Grannan
@magrampip
How ? Any self serving statements from the deposition he wanted to offer would be hearsay and inadmissible if offered by Trump. Carroll can offer them as party admissions (not hearsay). That doesn't work for Trump.
As the deponent, isn’t it true that Trump couldn’t have gotten any questions in? IANACivL, so I don’t know much about depositions. But I was under the impression that only the other side asks questions during the deposition, and the deponent’s lawyer is there to make a record of objections.chancery wrote: ↑Thu May 04, 2023 2:57 pm https://twitter.com/harrylitman/status/ ... 105580544Litman clerked for Justice Thurgood Marshall, was a federal prosecutor, including United States Attorney for WDPa, and is now a law professor. And his tweets are generally thoughtful.Harry Litman
@harrylitman
Trump was out maneuvered from the time of the deposition. If tech Apina had been smarter, they could’ve got some questions in that they would have been able to use now to some mitigation
4:30 AM · May 4, 2023
Patrick Grannan
@magrampip
How ? Any self serving statements from the deposition he wanted to offer would be hearsay and inadmissible if offered by Trump. Carroll can offer them as party admissions (not hearsay). That doesn't work for Trump.
So what is he talking about here? It doesn't make any sense, for the reasons stated in the reply.
Actually, any and all sides can ask questions during a deposition. One party will schedule it but then anyone can participate in questioning the deponent.Maybenaut wrote:As the deponent, isn’t it true that Trump couldn’t have gotten any questions in? IANACivL, so I don’t know much about depositions. But I was under the impression that only the other side asks questions during the deposition, and the deponent’s lawyer is there to make a record of objections.
I have a theory that the whole UK trip was because he planned on gate crashing the coronation.Greatgrey wrote: ↑Thu May 04, 2023 9:22 am He says “confront”, not “testify”. Looks like he wants to cause a scene.
https://www.standard.co.uk/news/politic ... 78788.html
Trump cutting Ireland trip short to ‘confront’ accuser in New York case
Former US president Donald Trump has said he is cutting his trip to Ireland short so he can return to “confront” his accuser in a New York civil rape case, which he described as a “political attack”.
Mr Trump said he would “probably attend” the hearing as he spoke to reporters while golfing at his resort outside the village of Doonbeg, Co Clare.
His visit to Scotland and Ireland has coincided with the second week of a civil trial in Manhattan over accusations, denied by Mr Trump, that he raped former magazine columnist E Jean Carroll in a department store dressing room in 1996.
Mr Trump said he has been “falsely accused”.
“I’m going back to New York. I was falsely accused by this woman, I have no idea who she is – it’s ridiculous,” he said.
Realist is correct. However, except when needed to preserve testimony for trial, it's quite rare for the witness's own counsel to ask questions at the witnesses's deposition. You can't use the testimony at trial (for the reasons stated in the twitter thread above), and it's an accepted rule of thumb that you're more likely to open doors and injure your position. And I've seen that happen. Very rarely it's appropriate to correct some inadvertent misstatements or add context, but usually not.realist wrote: ↑Thu May 04, 2023 4:17 pmActually, any and all sides can ask questions during a deposition. One party will schedule it but then anyone can participate in questioning the deponent.Maybenaut wrote:As the deponent, isn’t it true that Trump couldn’t have gotten any questions in? IANACivL, so I don’t know much about depositions. But I was under the impression that only the other side asks questions during the deposition, and the deponent’s lawyer is there to make a record of objections.
Purposes are for discovery, or trial use such as testimony at trial, or even for impeachment.
Many times attorneys will even designate the depo for trial testimony, rather than a discovery depo. A witness can't make the trial, for instance or has died in the interum, etc.
Thanks! Don’t know nuthin ‘bout civil procedurerealist wrote: ↑Thu May 04, 2023 4:17 pmActually, any and all sides can ask questions during a deposition. One party will schedule it but then anyone can participate in questioning the deponent.Maybenaut wrote:As the deponent, isn’t it true that Trump couldn’t have gotten any questions in? IANACivL, so I don’t know much about depositions. But I was under the impression that only the other side asks questions during the deposition, and the deponent’s lawyer is there to make a record of objections.
Purposes are for discovery, or trial use such as testimony at trial, or even for impeachment.
Many times attorneys will even designate the depo for trial testimony, rather than a discovery depo. A witness can't make the trial, for instance or has died in the interum, etc.
Some more context for this development:
Adam Klasfeld
@KlasfeldReports
E. Jean Carroll rests her case.
Before that moment
A federal judge sustained an objection to the admission of a piece of evidence E. Jean Carroll's team wanted to introduce into evidence.
The judge says Carroll can try introducing it again "in the event that Mr. Trump, for any reason, testifies in this case."
From that remark, it would seem that door appears to be open.
Tacopina says the defense rests.
But the door doesn't yet appear to be closed.
Tacopina informed the judge that Trump waived his right to testify. [emphasis added]
Judge Kaplan gave Trump a deadline of 5 p.m. ET on Sunday to *ask* to reopen the case for the purpose of testifying.
Kaplan won't say he'll grant such a request.
Kaplan said (not in these words) he has made that allowance in light of reports of Trump's remarks at the press conference in Ireland.
On Judge Kaplan propping the door ever-so-slightly ajar for Trump to testify:
This is widely, and almost certainly accurately, being interpreted as calling Trump on his bluff about wanting to “confront” Carroll, and preempting spin that the court wouldn’t let him.
In brief:
Tacopina repeatedly said Trump won’t testify, and on Sunday, we’ll see if that status quo, as widely expected, becomes definitive and official.
And I've seen it happen way to often, and even with very experienced litigators. Sometimes they just can't help themselves, even though they know better. And then of course there are those who don't know better.chancery wrote:Realist is correct. However, except when needed to preserve testimony for trial, it's quite rare for the witness's own counsel to ask questions at the witnesses's deposition. You can't use the testimony at trial (for the reasons stated in the twitter thread above), and it's an accepted rule of thumb that you're more likely to open doors and injure your position. And I've seen that happen. Very rarely it's appropriate to correct some inadvertent misstatements or add context, but usually not.
On Judge Kaplan propping the door ever-so-slightly ajar for Trump to testify:
This is widely, and almost certainly accurately, being interpreted as calling Trump on his bluff about wanting to “confront” Carroll, and preempting spin that the court wouldn’t let him.
In brief:
I had it happen frequently. Usually when opposing counsel thought you damaged his case. Then he (it was always a he) would start asking questions and when I objected would say how can you stop me? So, on occasion, I did it myself. Even litigated it once when I introduced the deposition testimony I had elicited and opposing counsel raised a big stink. Judge ruled there was nothing in the civil rules that prohibited an opposing party from asking questions.realist wrote: ↑Thu May 04, 2023 7:19 pmAnd I've seen it happen way to often, and even with very experienced litigators. Sometimes they just can't help themselves, even though they know better. And then of course there are those who don't know better.chancery wrote:Realist is correct. However, except when needed to preserve testimony for trial, it's quite rare for the witness's own counsel to ask questions at the witnesses's deposition. You can't use the testimony at trial (for the reasons stated in the twitter thread above), and it's an accepted rule of thumb that you're more likely to open doors and injure your position. And I've seen that happen. Very rarely it's appropriate to correct some inadvertent misstatements or add context, but usually not.