Comments on: Trump and the New York show trial

By: Trump: The Process Is The Punishment | Stately McDaniel Manor

Trump: The Process Is The Punishment | Stately McDaniel Manor — Fri, 06 Oct 2023 22:16:14 +0000

[…] Go here to see legal scholar Alan Dershowitz’s podcast on this topic. Dershowitz, also no Trump fan, is an avowed d/S/C, but he, like McCarthy, understands the necessity of the rule of law and defending and upholding the Constitution. In that podcast he explains why the New York law is unconstitutional, why it deprives its victims of due process. How could such a law exist? Because New York is, for all intents and purposes, a Stalinist state. […]

By: Cappy

Cappy — Fri, 06 Oct 2023 13:22:53 +0000

Mission accomplished!

By: AesopFan

AesopFan — Fri, 06 Oct 2023 06:57:15 +0000

@ Neo – as usual, the Left has set up a “heads we win (no protests to impede us), tails you lose (protests allow us to arrest you)” situation — which is one of the reasons they have reached their position of dominance.
A Gramscian “march” through the institutions of society implies a much more straight-forward process than the one we have increasingly observed.

By: neo

neo — Thu, 05 Oct 2023 20:21:41 +0000

ama:

It is also my opinion that the left is hoping for some sort of protest or reaction that will allow them to arrest and imprison a whole bunch more people on the right.

By: ama

ama — Thu, 05 Oct 2023 20:04:14 +0000

I know I am commenting on an old post- but- as always, we are outraged, but what do we do? I suspect the left is agitating the right deliberately to incite protests and demonstrations so they can hijack them into J6 events. And done of us want to end up in a DC gulag- something that is incredibly outrageous and no one is doing anything about.

By: Cap'n Rusty

Cap'n Rusty — Wed, 04 Oct 2023 00:31:40 +0000

I assume Judge Engoron took Property in his first year at New York University law school. That’s where lawyers learn that the fair market value of any property is what a willing buyer will offer and a willing seller will accept.

By: Geoffrey Britain

Geoffrey Britain — Wed, 04 Oct 2023 00:13:40 +0000

In political show trials, law does not constrain the prosecution and no amount of contrary evidence, no amount of facts, logic and reason can stay a guilty verdict. Trump was found guilty long before the trial commenced, they simply haven’t announced it yet. Clearly, some here have not yet accepted much less reflected upon the fact that the rule of law in America is dead and buried.

By: Ray

Ray — Tue, 03 Oct 2023 22:10:06 +0000

New York Supreme Court Justice Arthur Engoron said, no victim of Trump’s fraud “lodged a complaint” or “otherwise claimed damages.” How can you have a fraud with no one claiming to be defrauded?

By: Chad King

Chad King — Tue, 03 Oct 2023 21:40:16 +0000

Perhaps I’m mistaken, but I seem to recall that “fraud” is a difficult tort to prove. In fact, almost every new lawyer is schooled on this point by a more experienced lawyer shortly after graduation from law school. Under NY law, there are five “elements” to fraud: (1) a material misrepresentation; (2) that the accused fraudster knew to be untrue; (3) intended to defraud the plaintiff; (4) reasonably relied upon by the plaintiff; and (5) which resulted in damage to the plaintiff. Each element must be proved.

A material misrepresentation is just the starting point. Leaving aside whether Trump knew his statements were untrue or whether he intended to defraud the banks, no bank could reasonably rely upon the word of a borrower about the value of the collateral–so they have a problem with the fourth element. And I’ve read that Trump never defaulted on the loans allegedly procured through “fraud,” so the fifth element is also tough to prove.

Trump is, and as far back as I remember has been, a consummate blowhard and BSer. Without reasonable reliance and damages, I doubt that many contingency firms would take this case. Just goes to show the mischief that a political hack with an unlimited budget can create when they are accountable to no one.

By: Skip

Skip — Tue, 03 Oct 2023 21:03:22 +0000

For a not legal mind, to me this judge is judge, jury and executioner.
So much for being innocent UNTIL found guilty. It’s a Kangaroo Court that James said she was going after Trump before she was running for AG.