New York State Investigations of Trump and Related

[Reality Check]

I think we all knew that was coming.

[realist]

"Prosecute our appeal?" Is that a real thing?

Yes. It is very common usage.

: to follow to the end : pursue until finished prosecute a war
2 : to engage in : perform
3a : to bring legal action against for redress or punishment of a crime or violation of law
b : to institute legal proceedings with reference to prosecute a claim

[bob]

"Prosecute our appeal?" Is that a real thing?

Yes. It is very common usage.

The Latin scholars can provide further enlightenment, but prosecute comes from the Latin prosequi, "to pursue."

[Gregg]

"Prosecute our appeal?" Is that a real thing?

It's an old Taft Law School trick.

[Sam the Centipede]

"Prosecute our appeal?" Is that a real thing?

It's an old Taft Law School trick.

~ ~~ ~~ ~ wibbly wobbly dream music ~ ~~ ~~ ~
In a nonexistent courtroom nowhere a Taft Law Skool's alumna plies her trade:
"Dr. Taitz, will you be appealing?"
"Well, your honor, give me false eyelashes, a large tub of moisturizer, ten minutes with a mirror and turn the lights down … oh … er … no"

[raison de arizona]

Waiting on a link to this one, she's usually amusing.

Update: Former president Trump has, through his attorney, asked the New York State appeals court to stay the $10,000 a day contempt fine pending the outcome of his appeal of that contempt order.

This is tied to NY AG Letitia James' on-going civil investigation into Trump.

[RTH10260]

similar to above

Since the judge issued his written order on Tuesday, the $10,000 per day penalty has been lapsing, and Trump tried to cure it on Wednesday by submitting two affirmations: one by the former president and another by his lawyer.

On Friday, the attorney general’s office was not satisfied and opposed lifting the contempt order. Judge Engoron held a virtual hearing on the matter earlier today and reached the same conclusion, formalizing his findings in a written ruling.

“Furthermore, Mr. Trump’s personal affidavit is completely devoid of any useful detail,” Engoron wrote. “Notably, it fails to state where he kept his files, how his files were stored in the regular course of business, who had access to such files, what if any, the retention policy was for such files, and, importantly, where he believes such files are currently located. It similarly fails to state if he turned over his personal electronic devices for imaging and searching.”

Engoron ordered the submission of a so-called “Jackson affidavit,” swearing to those details. The precedent for such an order comes from a case captioned Jackson v City of New York, an 1992 state appellate ruling mandating such a detailed affidavit.

His written opinion followed a virtual conference earlier on Friday.

Update—April 29 at 7:14 p.m. Eastern Time: This story has been updated to include comment by Trump’s attorney Alina Habba.

in https://lawandcrime.com/high-profile/mr ... subpoenas/

[raison de arizona]

BREAKING: Trump now claims he’s lost FOUR of the cell phones subpoenaed by the NY AG. Trump is still being fined $10,000 per day for defying the AG’s subpoenas - $100,000 and counting.

[RTH10260]

Judge Lifts Contempt Order Against Trump in Civil Inquiry
The former president must pay a $110,000 fine that accumulated during the two-week contempt and meet other conditions or the order will be reinstated, a judge said.


By Jonah E. Bromwich and Ben Protess
May 11, 2022 Updated 1:19 p.m. ET

Donald J. Trump was released from a judicial order holding him in contempt of court on Wednesday, ending an embarrassing two-week period for the former president, whose business practices are under civil investigation by the New York state attorney general.

A New York State judge, Arthur F. Engoron, held Mr. Trump in contempt late last month after finding that he had failed to comply with the terms of a December subpoena sent by the attorney general, Letitia James, requesting documents from his personal files. The judge ordered Mr. Trump to pay $10,000 a day until he complied, leading to a $110,000 penalty.

On Wednesday, Justice Engoron withdrew the contempt order, but set a few conditions, including requiring Mr. Trump to pay the fine. The judge ruled that if Mr. Trump and his company did not meet the conditions by May 20, he would reinstate the contempt order and retroactively apply the $10,000-a-day fine.

In an effort to cooperate with the judge’s original contempt order, lawyers for Mr. Trump filed a number of recent court documents attesting to a thorough search of his records. An outside company also assured the judge that it had reviewed a vast number of files — more than 1,300 boxes — including Mr. Trump’s hard-copy calendars, records in file cabinets at the Trump Organization’s offices in Midtown Manhattan and boxes of documents at off-site storage facilities.

The sweeping search for evidence in Mr. Trump’s records did not appear to turn up much information. Mr. Trump’s lawyers asserted that they did not locate any new records responsive to the subpoena from Ms. James.

Still, the battle over the records — and the contempt order against Mr. Trump — set the stage for Ms. James to potentially take legal action against the former president.



https://www.nytimes.com/2022/05/11/nyre ... james.html

[Gregg]

He can make a tower log disappear?

I'll just need a copy of that transfer order... for the file.

[Kendra]

https://www.cbsnews.com/news/trump-pays ... -new-york/

Donald Trump has paid the $110,000 fine levied after he was held in contempt by a New York judge. He has not yet filed more than a dozen affidavits due today to purge the contempt finding, but a source with his legal team confirmed to CBS News that they intend to.

Trump was held in contempt April 25 after failing to comply with a subpoena requiring he turn over documents to investigators conducting a sprawling civil financial fraud probe for New York Attorney General Letitia James. The subpoena sought documents related to Trump's personal finances, as well as information related to the financing of several properties. Trump was fined $10,000 per day through May 6, the date of his most recent attempt to satisfy Judge Arthur Engoron's demands.

In response to the May 6 filing, Engoron halted the fine and suspended the contempt finding, but said he was still unsatisfied with Trump's explanation of how he and his attorneys managed to find zero documents that complied with the subpoena.

[Gregg]

So he's not turning over any of the documents, he's just swearing under oath that they're "lost, destroyed or otherwise unavailable".

Why didn't Nixon think of that?

[Slim Cognito]

trump has a long history of shredding anything and everything once authorities ask for it. It's worked this far.

[raison de arizona]

trump has a long history of shredding anything and everything once authorities ask for it. It's worked this far.

IIRC he “lost” four phones as well.

[Ben-Prime]

So he's not turning over any of the documents, he's just swearing under oath that they're "lost, destroyed or otherwise unavailable".

Why didn't Nixon think of that?

Weren't these supposed to be the more detailed type of affidavit explaining what search measures and techniques were used, or something? It's still nothing, just ... less nothing, I guess?

[Gregg]

I thought he just had to swear under oath "I lost all the papers and records I generated running my ginormous yuge company like you never seen before" because I used a waste can for a filing system and the maid accidently threw everything out"

P.S. "Michael Cohen did it, or so I heard, I never really knew him very much, he used to get coffee I think"

[Kendra]

https://lawandcrime.com/lawsuit/federal ... y-general/

A federal judge on Friday ruled against former President Donald Trump is his quest to shut down an ongoing investigation by New York Attorney General Letitia James (D) into the Trump Organization.

“In sum, the Court concludes that Plaintiffs could have raised the claims and requested the relief they seek in the federal action in the New York proceeding and that there is an identity of claims. Because all three requirements of res judicata are satisfied, even if Younger abstention were inappropriate, the Court would grant Defendant’s motion to dismiss Plaintiffs’ complaint for failure to state a claim under Rule 12(b)(6),” U.S. District Judge Brenda K. Sannes wrote, tossing the case.

Before Judge Sannes dismissed plaintiff Trump’s case without prejudice, she recounted the litany of alleged constitutional violations as follows:

[Volkonski]

[RTH10260]

Dang - that's the wet dream of Orly Taitz - having a president at the laquered table for deposition

Thanks Obama!

[sad-cafe]

Speaking of Oily,

have we missed postings from Orlylicious?

[MN-Skeptic]

Speaking of Oily,

have we missed postings from Orlylicious?

I haven’t seen him here lately, but he does post occasionally on Twitter. He posted this in the past couple of hours, so he’s at least alive and well.

[Ben-Prime]

Okay, but shouldn't it be one of them at 9 hours, one at 7, one at 5, one at 3? I mean, that's how a pyramid works, right?
...
...
I'll see myself out.

[humblescribe]

Okay, but shouldn't it be one of them at 9 hours, one at 7, one at 5, one at 3? I mean, that's how a pyramid works, right?
...
...
I'll see myself out.

Dunno about that, but Dr Pepper is 10, 2, and 4.

[realist]

FYI the reason 7 hours is mentioned.

FRCP Rule 30. Depositions by Oral Examination

(d) Duration; Sanction; Motion to Terminate or Limit.

(1) Duration. Unless otherwise stipulated or ordered by the court, a deposition is limited to 1 day of 7 hours. The court must allow additional time consistent with Rule 26(b)(1) and (2) if needed to fairly examine the deponent or if the deponent, another person, or any other circumstance impedes or delays the examination.

https://www.law.cornell.edu/rules/frcp/rule_30

The longest deposition I participated in in my career lasted 23 days (full days) and direct examination was never even completed.

[Tiredretiredlawyer]

Realist:
The longest deposition I participated in in my career lasted 23 days (full days)....