Massholya
Golden Hoya (over 1000 posts)
Posts: 1,941
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Post by Massholya on Aug 16, 2023 11:58:21 GMT -5
What are the odds that Trump took the time to actually read any of this report? 100 pages?! I would be surprised if he ever read anything that long in his entire life.
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SSHoya
Blue & Gray (over 10,000 posts)
"Forget it Jake, it's Chinatown."
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Post by SSHoya on Aug 16, 2023 12:00:02 GMT -5
What are the odds that Trump took the time to actually read any of this report? 100 pages?! I would be surprised if he ever read anything that long in his entire life. C'mon, man. He's an Ivy Leaguer and stable genius! 😀 Let's see how he stage manages his surrender in Fulton County. Could be wild!
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SSHoya
Blue & Gray (over 10,000 posts)
"Forget it Jake, it's Chinatown."
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Post by SSHoya on Aug 16, 2023 12:11:38 GMT -5
I contacted a former DOJ colleague from the Constitutional and Specialized Torts (Bivens) Section, now retired, but continues to teach on contract at the Attorney General's Advocacy Institute on the campus of USC, Columbia, SC and the Federal Law Enforcement Training Center, Glynco, GA. Here is his much more complete analysis of the removal issue which any Hoya lawyers here may find enlightening:
If a criminal prosecution is removed, the district court is obliged to follow 28 U.S.C. § 1455, which sets the bar for removal very high. Any grounds not stated in the notice of removal are waived. 28 U.S.C. § 1455(b)(2). The state court does not lose jurisdiction and may conduct further proceedings, including a trial. 28 U.S.C. § 1455(b)(3). And in some cases, the code encourages the district court to tell the criminal defendant to talk to the hand and to order "summary remand." 28 U.S.C. § 1455(b)(4). IMHO Congress recognizes that removing a state court prosecution if a total ramjet move, and it seeks to discourage it.
I don't remember if this case down on your watch in the Bivens shop, but the SCT has held it's not enough that the allegedly criminal conduct happened during federal employment. The federal officer has to convince the district court that he has a straight-face federal defense. Mesa v. California, 489 U.S. 121 (1989). "I didn't do it" or "state court is a bad forum for me" or "WITCH HUNT!!" doesn't cut the mustard. Back in the day, the classic answer to this question was a Supremacy Clause defense, as we saw with FBI Ruby Ridge sniper Lon Horiuchi and those Park Police officers who shot that fellow in Virginia a few years ago during a traffic stop. Mesa 489 U.S. at 124 (federal employee seeking to remove state court criminal prosecution must show "colorable claim of federal immunity.")
DJT tried to remove the New York state criminal case, and failed. The district court ruled (correctly I think) that making hush money payments to a porn star, and laundering the money through his privately-held company (the better to claim phony tax deductions and violate federal campaign financing laws) was not "reasonably necessary to the performance of his Article II duties." But what about the Georgia case? Trump, Meadows, Clark and the rest of those working for the federal government can argue that as high ranking officials in the executive branch they were charged with ensuring the integrity of elections, especially presidential elections. "We received reports of election fraud, and we looked into them." Is that something "reasonably necessary to the performance of their federal duties?" My take is that they went far beyond "investigating" or "verifying" the results. Expert after expert (many of them Republicans, like the Secy. of State) debunked the ridiculous allegations percolating up from a variety of crackpots. DJT and his henchmen knew they lost fair and square. Yet they tried to overturn the results, and to fix the election. That's not reasonably necessary to the performance of their federal duties. That's a violation of federal and state criminal law.
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hoyajinx
Golden Hoya (over 1000 posts)
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Member is Online
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Post by hoyajinx on Aug 17, 2023 13:43:58 GMT -5
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DanMcQ
Moderator
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Post by DanMcQ on Aug 17, 2023 14:29:44 GMT -5
Predictable outcome for FPOTUS Dog Whistle...
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SSHoya
Blue & Gray (over 10,000 posts)
"Forget it Jake, it's Chinatown."
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Post by SSHoya on Aug 18, 2023 14:44:29 GMT -5
Donald Trump and 18 other accomplices were indicted for conspiring to overturn the election results in Georgia. They’ll have their day in court, and we should expect the Fulton County District Attorney to present a clear case for their criminality.
But really, this goes way beyond Trump and 18 others. This is a conspiracy that morally indicts every member of the GOP.
It involves senators, congressmen, congressional staffers, the RNC, big money donors – this is corruption that goes right to the core of the Republican Party. And that’s ultimately why Republicans are defending it. Wondering why even Trump’s opponents are defending him? That’s why.
People are already trying to compare this case to Watergate. But the difference here is that Nixon faced a reckoning from his own party. There were figures of moral conviction who ended up holding him accountable. Today, there is no major figure in the GOP, whether serving in Congress or running for President, who really wants to reckon with the criminal enterprise that is Donald Trump.
They still publicly claim that the 2020 election was stolen. They still clutch to crazed conspiracies about voter fraud. They still sound exactly like Trump and his 18 other accomplices.
In the court of public opinion, we must indict them all. And we have to hold them all accountable at the ballot box.
Of course, that doesn’t mean anything from a point of legal action. But in terms of how history remembers these people, and how our country is able to move forward from this dark political moment, it means everything.
And to hold them accountable, everyone from Trump to the RNC staffers who still push his lies, we must defeat them. If we’re going to maintain our constitutional republic, we have to.
-- Stuart Stevens, The Lincoln Project
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DanMcQ
Moderator
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Post by DanMcQ on Aug 18, 2023 19:54:47 GMT -5
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DanMcQ
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Post by DanMcQ on Aug 19, 2023 6:00:12 GMT -5
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SSHoya
Blue & Gray (over 10,000 posts)
"Forget it Jake, it's Chinatown."
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Post by SSHoya on Aug 19, 2023 6:02:34 GMT -5
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SSHoya
Blue & Gray (over 10,000 posts)
"Forget it Jake, it's Chinatown."
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Post by SSHoya on Aug 19, 2023 10:40:26 GMT -5
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DanMcQ
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Post by DanMcQ on Aug 21, 2023 12:18:04 GMT -5
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DanMcQ
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Post by DanMcQ on Aug 21, 2023 14:55:25 GMT -5
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SSHoya
Blue & Gray (over 10,000 posts)
"Forget it Jake, it's Chinatown."
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Post by SSHoya on Aug 21, 2023 15:55:47 GMT -5
At what point does any one of the judges hold Mango to account for his witness intimidation and threats?? ATLANTA — An Atlanta-area judge approved on Monday a $200,000 bond for former president Donald Trump, who is expected to surrender later this week on charges that he and 18 allies illegally conspired to try to overturn Trump’s 2020 election loss in Georgia. The bond agreement — known as a consent bond order — sets strict rules for Trump’s release. Trump is not allowed to communicate with witnesses or co-defendants about the case, except through his lawyers, and he is barred from intimidating witnesses or co-defendants. He is also forbidden from making any “direct or indirect threat of any nature against the community or to any property in the community,” including in “posts on social media or reposts of posts” by others on social media. “The defendant shall perform no act to intimidate any person known to him … to be a co-defendant or witness in this case or to otherwise obstruct the administration of justice,” the agreement says. www.washingtonpost.com/national-security/2023/08/21/trump-georgia-bond-election-2020/?itid=hp_alert
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SSHoya
Blue & Gray (over 10,000 posts)
"Forget it Jake, it's Chinatown."
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Post by SSHoya on Aug 22, 2023 13:10:28 GMT -5
Moronic MAGA GOPers don't know how to distinguish between Mango Campaign lawyers and Mango Administration lawyers. If Pat Cipillone, WH Counsel, had advised the moron to have a slate of "alternate" electors he'd have a better (yet still losing) argument. Instead, they relied upon the "crackpot lawyers" who are also RICO defendants, and not government officials. To bolster his proposition, Shafer provided new documents that underscore the Trump campaign’s close involvement in efforts to assemble a group of pro-Trump activists on Dec. 14, 2020 to sign documents claiming to be Georgia’s legitimate presidential electors. Those false electors were later used by Trump allies to attempt to foment a conflict on Jan. 6, 2021 and derail the transfer of power to President Joe Biden. www.politico.com/news/2023/08/22/trump-indictment-false-electors-00112229
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tashoya
Blue & Gray (over 10,000 posts)
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Post by tashoya on Aug 22, 2023 19:19:39 GMT -5
The dip$hit called down to Georgia looking for some votes to steal...
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SSHoya
Blue & Gray (over 10,000 posts)
"Forget it Jake, it's Chinatown."
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Post by SSHoya on Aug 23, 2023 8:14:29 GMT -5
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tashoya
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Post by tashoya on Aug 23, 2023 11:05:16 GMT -5
It's dicey because you just know he lies about his height, too. But, I'd definitely take the over and feel great about it.
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DanMcQ
Moderator
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Post by DanMcQ on Aug 23, 2023 19:33:02 GMT -5
Boom.
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prhoya
Blue & Gray (over 10,000 posts)
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Post by prhoya on Aug 24, 2023 11:59:10 GMT -5
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SSHoya
Blue & Gray (over 10,000 posts)
"Forget it Jake, it's Chinatown."
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Post by SSHoya on Aug 24, 2023 12:53:38 GMT -5
The orange chaos client continues the chaos. Wonder if Findling hasn't been paid. . . Former president Donald Trump’s shake-up of his Georgia-based legal representation included dropping one of his attorneys. Drew Findling is no longer part of the team, according to a person familiar with Trump’s legal strategy who spoke on the condition of anonymity to discuss the change. Findling and two other attorneys, Marissa Goldberg and Jennifer Little, had been trying to disqualify Fulton County District Attorney Fani T. Willis (D) from prosecuting Trump. Findling is known in the Atlanta area as the “billion-dollar lawyer” for this representation of famous hip-hop artists, including Cardi B. He has criticized Georgia’s anti-racketeering statute, which is broader than federal law. He did not respond to a request for comment. www.washingtonpost.com/national-security/2023/08/24/trump-surrender-fulton-county-jail-georgia-indictment/?itid=hp_live-ticker_p001_f007_1#link-4ZO64WXFOFCD5IOEKZ3RHVDR5Y
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