jerrymahoney

UPDATED WED, FEB 15 202311:52 AM EST < The judge noted that Carroll would not be entitled now to get a DNA sample from Trump, because the process of exchanging evidence, known as discovery, is completed. < “Her counsel have had plenty of opportunities in both of the two related cases to move to compel Mr. Trump to submit a DNA sample,” Kaplan wrote. “Had they done so, they almost certainly would have gotten it. But Ms. Carroll’s counsel never moved to compel Mr. Trump to submit a DNA sample. They obviously decided to go to trial without it.” The Carroll team had 3 years to 'compel' Trump to submit DNA but did not do so. So maybe they were the ones who didn't want the DNA because at best the results would be inconclusive. And it was the Carroll team who provided the motion that DNA not not to be discussed in any way at the trial. And was not. https://www.cnbc.com/2023/02/15/judge-rejects-trump-offer-of-dna-sample-in-carroll-rape-defamation-case.html This is the kind of info the Carroll motion had omitted from the trial: 5. The Donna Karan blazer dress she claims to have worn during the alleged incident was not even available at the time of her claims. Trump Attorney Boris Epshteyn told reporters, “She said, ‘This is the dress I wore in 1994.’ They went back, they checked. The dress wasn’t even made in 1994.” https://twitter(dot)com/OwenGregorian/status/1751608969724850669

And you called out an ultra leftist magazine for publishing a rightwing pearl clutching job.

How eviscerating in 3 words. https://en.wikipedia.org/wiki/Elie_Honig

So as to multiple questions how any of this could affect a fair trial: THE LAW FEB. 2, 2024 Fani Willis Has Problems (Upon Problems) By Elie Honig, a former federal and state prosecutor and a contributor to CAFE After these allegations surfaced, Willis somehow made it worse still. Prosecutors love to proclaim that “we do our talking in court” (preferably accompanied by a dramatic lowering of the sunglasses over the eyes). This is more than a catchphrase. It’s an affirmation of the core duty to protect the defendant’s liberty interests and the integrity of our criminal process. Indeed, under the Georgia Rules of Professional Conduct (and pretty much every other professional code), prosecutors must “refrain from making extrajudicial comments that have a substantial likelihood of heightening public condemnation of the accused.” Yet Willis did just that. Days after Trump’s co-defendant filed the motion relating to Wade, Willis responded not in a court filing but in a speech from the pulpit of a historic Black church on Martin Luther King Jr. Day with the cameras rolling. Willis told the assembled congregation (and the general public) that the defendants had raised allegations about Wade — criminal defendants are entitled to make motions, by the way — because of Wade’s race. These public comments by the district attorney are anathema to prosecutorial ethics and fair practice. Willis, who is enormously popular in Fulton County — she received over 71 percent of the Democratic primary vote in 2020, then ran unopposed in the general election — publicly calls the defense teams in her highest-profile case racist. What could outrage a potential jury pool more than that? Various judges have slapped pretrial gag orders on Trump in his other cases to prevent him from making inflammatory public statements outside of court that could prejudice the jury pool. Now Willis has done exactly that. https://nymag.com/intelligencer/2024/02/fani-willis-has-problems-upon-problems.html

Maybe not to those who actually matter meaning the black legal community: Late last year, the digital publication The Root named Ms. Willis No. 1 on its list of the 100 most influential Black Americans, and feted her at a ceremony at the Apollo Theater in Harlem. Then, after the allegations emerged last month, The Root published an article criticizing Ms. Willis for poor judgment, even as it said that Black people in high-profile positions were held to harsher standards than their white counterparts. “We all love Willis here at The Root, which is why she got the top spot at last month’s The Root 100 ceremony,” the article stated. “But she absolutely should’ve known better than to put herself in this position.” https://archive.is/v1Heh

US Embassy received passport application 12 DEC Received the approval notice New passport dated passport dated 21 DEC 2023 Received new passport 05 JAN 2024

Go ahead. And then you ask 4.

The only evidence that matters is the evidence that is admitted at trial. FEDERAL JURY INSTRUCTIONS IN CIVIL CASES COURT’S PRELIMINARY INSTRUCTION “B” WHAT IS EVIDENCE The evidence you are to consider in deciding the facts of the case are: First, the sworn testimony of any witness; and Second, the exhibits that are admitted in evidence; and Third, any facts to which the parties agree. https://www.hid.uscourts.gov/cms/assets/c469aec9-f838-4845-ac11-44df5700d995/JMS August 7 2023 Civ Jury Instrs.pdf

2022 Georgia Code Title 16 - Crimes and Offenses Chapter 10 - Offenses Against Public Administration Article 2 - Obstruction of Public Administration and Related Offenses § 16-10-20. False Statements and Writings, Concealment of Facts, and Fraudulent Documents in Matters Within Jurisdiction of State or Political Subdivisions Universal Citation: GA Code § 16-10-20 (2022) A person who knowingly and willfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact; makes a false, fictitious, or fraudulent statement or representation; or makes or uses any false writing or document, knowing the same to contain any false, fictitious, or fraudulent statement or entry, in any matter within the jurisdiction of any department or agency of state government or of the government of any county, city, or other political subdivision of this state shall, upon conviction thereof, be punished by a fine of not more than $1,000.00 or by imprisonment for not less than one nor more than five years, or both.

Go ahead.

To be clear: nothing in the current accusations impacts Trump's right to a fair trial. My feeling is that Wade needs to resign to defuse the PR issue, however. If he could be replaced. I would say only the mechanics of the charges in the Georgia Trump trial are in play. But the greatest chance for any criminal sanctions may come from the Fulton County Auditor “To date, Fulton District Attorney Fani Willis has been non-responsive to the requests for information which I made of her in my capacity as Chair of the Audit Committee of Fulton County on January 19, 2024,” Ellis said in a statement given to the DCNF. “Despite multiple follow-up requests for this information which should be made available for public review and consumption, the District Attorney has provided no response to our County Auditor or me as to when this information will be provided.” https://dailycaller.com/2024/02/02/fani-willis-still-hasnt-responded-to-commissioners-request-for-information-relating-to-alleged-misuse-of-funds/

In a reply filed Friday afternoon, Merchant said she needs to question Willis and Wade at the upcoming hearing on grounds they may not have been truthful about when the relationship began and whether they had lived together. Her filing infers that Willis’ and Wade’s personal relationship began in 2019, two years before he was appointed special prosecutor. Even though Wade, in his affidavit, said he had never “cohabitated” with Willis, Merchant’s reply said she has witnesses who will testify that they lived together for a period of time at her Fulton County home and later at an apartment in East Point and a safe house for Willis in Hapeville. https://www.ajc.com/politics/breaking-fulton-special-prosecutor-admits-personal-relationship-with-da-in-trump-case/

This topic is the NY case, not Georgia.

The government has to prove guilt in a criminal case; the defendant does not have to prove he is innocent.

US Supreme Court attorneys make about $1000 per hour and in every case there is a winner and loser. And every lawyer know that, regardless of the results today, with another case with the same lawyer, the results may be the reverse. So they are not smug.

The Florida Judge is a Trump appointment; the DC Judge is an Obama appointment. I have said many times: I don't care about the outcome of any of the Trump criminal cases as long as he is not again President

Beats me.

How lawyers in the Trump ballot case are training for the Supreme Court arguments By Joan Biskupic, CNN Senior Supreme Court Analyst Published 4:30 AM EST, Fri February 2, 2024 Lawyer Jason Murray, taking the lead next week in the Supreme Court battle to keep Donald Trump off presidential ballots, has never argued before the justices. Jonathan Mitchell, representing Trump, is a well-known conservative advocate with some experience at the court – yet none in a case close to this magnitude. As of Friday, both men will move their operations to Washington and tap into a sophisticated network of lawyers who’ve stood many times in the well of the courtroom and are positioned to channel the justices. Murray and Mitchell will engage in multiple “moot courts,” separately honing their cases before attorneys who fire questions designed to simulate the justices and their intensity. https://edition.cnn.com/2024/02/02/politics/lawyers-prepare-supreme-court-arguments-trump-ballot-case

That info could be obtained from a just reasonable Google search., Or even a photo (hint: one of the lawyers sitting next to Trump has won 4 cases at the US Supreme Court as a state solicitor.)

You mean you are writing all this stuff and you don't know?

That is your opinion. The law community is very collegial -- big time trial adversaries during the week can play golf together on the weekends.

Some left; some are still on. I see the big-time lawyers who are paid upfront in a no-lose proposition. If they lose it's like well what-a-ya expect? And if they get him off he/she is then always the one that got Trump off.

My answer is that I don't know what Wade said to Willis or Willis said to Wade. Or Willis overheard Wade talking to someone else or Wade hearing Willis talking to someone else. There's gonna be a hearing next week which Wade and Willis may or not show up. Maybe there will then be some answers. But in the meantime Fani Willis Still Hasn’t Responded To Commissioner’s Request For Information Relating To Alleged Misuse Of Funds Fulton County District Attorney Fani Willis did not respond to a request for information from a Fulton County commissioner relating to allegations she misused county funds as of late Friday night. Fulton County Commissioner Bob Ellis said Willis had not responded to his Jan. 19 request for information about whether or not county funds were “misused” by Willis. Ellis set a Friday deadline for Willis to respond, according to a letter provided to the Daily Caller News Foundation. “Given that the majority of the Audit Committee is made up of Fulton County citizens, the lack of a response by the District Attorney is an affront to not only the Board of Commissioners but also to all Fulton County residents,” Ellis said. https://dailycaller.com/2024/02/02/fani-willis-still-hasnt-responded-to-commissioners-request-for-information-relating-to-alleged-misuse-of-funds/ ADDENDUM Updated 6:36 AM GMT+7, February 3, 2024 Anthony Michael Kreis, a Georgia State University law professor who’s been following the case, said this was “as strong a response as she could have made,” noting that the filing acknowledged the relationship, explained the timing and addressed the financial issues. “I’m just left with the question of why did they not respond sooner,” he said. “As a legal matter, I think it’s done. As a political matter, it still seems a little messy.” https://apnews.com/article/fani-willis-nathan-wade-trump-indictment-493165c4614761d4b965923696134c09

As I ran out of time, this is the kinda stuff that happens: < The state said it did not alert the court to these relationships as potential conflicts because they constitute no legal conflict and “until Roman’s motion was filed, the private lives of the attorney participants in this trial was not a topic of discussion.” < (Merchant's) filing infers that Willis’ and Wade’s personal relationship began in 2019, two years before he was appointed special prosecutor. Even though Wade, in his affidavit, said he had never “cohabitated” with Willis, Merchant’s reply said she has witnesses who will testify that they lived together for a period of time at her Fulton County home and later at an apartment in East Point and a safe house for Willis in Hapeville. < The response notes that two sets of defense lawyers in the case have personal relationships: Amanda Clark Palmer, who represents Ray Smith, and Scott Grubman, who had represented Kenneth Chesebro; and Frank and Laura Hogue, the husband-and-wife legal team that represented Jenna Ellis. < (Grubman quickly responded on social media that he and Clark Palmer have never jointly “made a decision to charge someone with a crime,” nor has he been in a position “to direct lucrative publicly funded contracts” Clark’s way.) https://www.ajc.com/politics/breaking-fulton-special-prosecutor-admits-personal-relationship-with-da-in-trump-case/ So now, what might have amounted to little or nothing if there was more up-front disclosure, is a problem of false statements in an affidavit filed IN THE SUPERIOR COURT OF FULTON COUNTY STATE OF GEORGIA

And you're the Interlocutor.