You Will Anyway: A Lawyer Weighs in on Trump Legal Cases

Tuesday, November 1, 2016

A Lawyer Weighs in on Trump Legal Cases

First: Donald Trump has been sued civilly by a woman who claims he raped her when she was 13. I am prepared to believe the very worst about Trump, and I don't know whether this is true or not, but I am more than usually skeptical based on the lawsuit's provenance. The case is not "going to trial" in December. It has been set for a completely routine early status conference in December that will lead to more complete schedules. As far as I can tell, no discovery has been conducted by either side. The case is an allegation against Donald Trump. The fact that I hate Donald Trump does not mean that the allegation is or is not true.

Second: Trump is also facing a civil suit accusing him of RICO violations. I wrote about the case months ago and dismissed the Trumpalo narrative that the judge — attacked by the Trump campaign for his ethnic background — was treating Trump unfairly. The case (and its companion case) accuse Trump of defrauding victims of the scamtastic Trump University. Here, there has been discovery, and the RICO charge survived summary judgment. That means that the judge found that the plaintiffs supplied some evidence which, if accepted as true, would be legally sufficient to support a RICO claim. RICO claims are usually bullshit, and even though this one survived the very low bar of summary judgment, I think it's still styled as a RICO more for public relations purposes than out of merit. Styling something as a RICO claim (rather than, say, a fraud claim) is attention-getting and emotive but rarely substantive. It is not accurate, as some are saying carelessly, that Trump is "charged with racketeering." This is a private civil suit. It may or may not go to trial when scheduled in late November; continuances of such trials are more the rule than the exception.

Popehat

If you want to follow up on references, links are embedded in the article.

And I bet that's a first. May not be a first that a president raped a 13-year-old child, but these types of things used to be kept under wraps. Which I am not saying is a good thing. I have to wonder what presidents got away with before the internet and anonymous leaks were as plentiful as sunny days in Arizona.

...but hey, do what you want...you will anyway.

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"It takes only a bit of knowledge of history to realize how dangerous it is to think that the people who run the country know what they are doing." -- Howard Zinn

"It’s not about not having something to hide; it’s about having something to lose. What we lose when we’re under observation is our humanity...Rights are inherent to our nature, they’re not granted by governments, they’re guaranteed by governments. They’re protected by governments." -- Edward Snowden

"Terrorism is the willingness to kill large numbers of people for some presumably good cause.” -- Howard Zinn

"What we have is a foreign policy which is essentially a marketing strategy for selling weapons." -- Jill Stein

"We should always remember that the danger to societies from security services is not that they will spontaneously decide to embrace [Stasi style] mustache twirling and jackboots to bear us bodily into dark places, but that the slowly shifting foundation of policy will make it such that mustaches and jackboots are discovered to prove an operational advantage toward a necessary purpose.” ~ Edward Snowden

"America: just a nation of two hundred million used car salesmen with all the money we need to buy guns and no qualms about killing anybody else in the world who tries to make us uncomfortable." ~ Hunter S. Thompson

"Let me issue and control a nation's money and I care not who writes the laws." ~ Mayer Rothschild

"News is what somebody does not want you to print. All the rest is advertising." ~ LACUNA

"What matters in journalism isn't politics, which are as universal and inescapable as breathing. What matters -- along with a fundamentally adversarial attitude toward government, without which "journalism" is simply public relations -- is integrity, transparency, evidence, coherence, and principle. These are the principles on which we should evaluate the quality of journalism, and their absence is why some journalists are so desperate to get you to focus on something else." ~ Barry Eisler

"There is no inverse relationship between freedom and security. Less of one does not lead to more of the other. People with no rights are not safe from terrorist attack." ~ Molly Ivins

"The brain of our species is, as we know, made up largely of potassium, phosphorus, propaganda, and politics, with the result that how not to understand what should be clearer is becoming easier and easier for all of us." ~ James Thurber

"The highest patriotism is not a blind acceptance of official policy, but a love of one's country deep enough to call her to a higher plane....When you hold up your arm and swear to uphold the Constitution, you don’t say, 'Except in wartime.'" -- George McGovern

"I’ll believe that corporations are people when Texas executes one." ~ Bill Moyers

"When did hope become a political dynamic? Hope is right below wishful thinking and right above performing a rain dance on the scale of activity." ~ Rich Hall

Life, as Explained in "Rosencrantz & Guildenstern Are Dead"

GUILDENSTERN: What a fine persecution---to be kept intrigued without ever quite being enlightened.

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ROSENCRANTZ : The only thing that makes it bearable is the irrational belief that somebody interesting will come on in a minute.

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GUILDENSTERN: But for God's sake what are we supposed to do?!

PLAYER: Relax. Respond. That's what people do. You can't go through life questioning your situation at every turn.

GUILDENSTERN: But we don't know what's going on, or what to do with ourselves. We don't know how to act.

PLAYER: Act natural. You know why you're here at least.

GUILDENSTERN: We only know what we're told, and that's little enough. And for all we know it isn't even true.

PLAYER: For all anyone knows, nothing is. Everything has to be taken on trust; truth is only that which is taken to be true. It's the currency of living. There may be nothing behind it, but it doesn't make any difference so long as it is honoured. One acts on assumptions.

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GUILDENSTERN : We act on scraps of information... sifting half-remembered directions that we can hardly separate from instinct.

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PLAYER: Life is a gamble, at terrible odds-if it was a bet you wouldn't take it.