jerrymahoney

Just to note: LDF Files Amicus Brief Defending Full Enforcement of the Fourteenth Amendment in Trump v. Anderson (NAACP Legal Defense Fund) LDF’s amicus brief is not submitted on behalf of any party and does not address whether the Colorado Supreme Court’s ultimate determination was correct; rather, the brief responds to arguments that the Court should not apply the Fourteenth Amendment in this case. Drawing on its decades of experience litigating seminal cases under the Fourteenth Amendment, LDF highlights the importance of the Amendment to the continuing existence of our constitutional democracy and urges the Court to ensure that it is fully enforced. ... The plain text of the Fourteenth Amendment could not be clearer in banning government officials who engage in insurrections against the United States from again serving as officials of the United States. Yet, some urge the Court to ignore the provision entirely, claiming it is not the proper role of the Supreme Court to apply the plain language of the Fourteenth Amendment to this case. To maintain its own integrity, the Court must forcefully reject these arguments and avoid repeating its grave errors of the late 19th and early 20th centuries, when it refused to apply the Fourteenth Amendment fully and consistently, thereby denying Black Americans and other people of color equal citizenship and permitting the violent suppression of our democratic institutions. We unequivocally defend the Fourteenth Amendment and urge the Court use its power to honor it. https://www.naacpldf.org/press-release/ldf-files-amicus-brief-defending-full-enforcement-of-the-fourteenth-amendment-in-trump-v-anderson/

He now has some very competent attorneys who only work for him on upfront retainer basis

OK.

Yes. Well I would say that 5 Assoc. Justices might be OK to predict but the 3 Trump appointees and Roberts could go either way.

Presuming the 3 liberal block justices will sustain the Colorado Supreme Court ruling, then it will take 2 from the 6 member conservative block to join -- most likely Chief Justice Roberts and one of the others which would have to be one of the 3 Trump appointees presuming AJ's Thomas and Alito would say Hxxx No!

Trump’s appeal of $83.3M defamation verdict will cite alleged conflict due to prior Paul Weiss employment JANUARY 29, 2024, 10:00 AM CST Another issue (besides the withdrawn Habba letter) is whether the punitive damages will stand. Jurors awarded Carroll $18.3 million in compensatory damages for defamation and $65 million in punitive damages on Friday, Reuters reports. The issue is whether the punitive damages are excessive under the due process clause, according to an Election Law Blog post by University of California at Los Angeles law professor Rick Hasen. The leading case is State Farm v. Campbell, a 2003 U.S. Supreme Court decision that held a ratio of no more than 9-1 was appropriate in all except the most egregious cases. https://www.abajournal.com/news/article/trumps-appeal-of-83.3m-defamation-verdict-will-cite-alleged-conflict-due-to-prior-paul-weiss-employment

Retired conservative judge: ‘Trump disqualified himself’ from ballot - 01/30/24 10:29 AM ET Retired federal judge J. Michael Luttig filed an amicus brief with the U.S. Supreme Court on Monday arguing that former President Trump is disqualified to run for public office under Section 3 of the 14th Amendment. Luttig, a longtime conservative jurist on the 4th U.S. Circuit Court of Appeals, argued the Supreme Court justices, when they hear arguments next month in the case involving the Colorado Supreme Court decision to bar Trump from the ballot, should take a “textualist” approach to interpreting the constitution. “The ‘textualist’s touchstone’ is to give every constitutional provision its ‘fair meaning,’” Luttig wrote. “A narrow construction to promote judicial restraint is just as bad as an ‘unreasonably … enlarged’ construction. Scalia and Garner approvingly quote Justice Story that it is forbidden to narrowly construe a constitutional provision ‘as if it were subversive of the great interests of society, or derogated from the inherent sovereignty of the people.’” “Every provision of the Constitution is part of ‘the supreme Law of the Land,’” he continued, “not the inferior law of the land.” https://thehill.com/regulation/court-battles/4437135-retired-judge-luttig-trump-disqualified-himself-ballot/

Agreed. Unless the former Paul Weiss partner has more to non-anonymously say about his/her contentions.

So this is all moot unless the former Paul Weiss partner has more non-anonymous info. Ms. Habba is not involved in the appeal brief on the assault/defamation MAY 2023 verdict. And per CNN Senior Legal Analyst Elie Honig in your Newsweek link above: "Judge Kaplan's been on the bench for 30 years. They have their appeal issues. This ain't one of them."

E. Jean Carroll's lawyer threatens sanctions against Alina Habba after Trump lawyer pushes false conflict-of-interest story Jan 31, 2024, 12:35 AM GMT+7 "The purpose of the letter was simply to inquire as to whether there is any merit to a recently published New York Post story which reported on the alleged existence of such a relationship," (Habba) wrote. In her own letter earlier, Roberta Kaplan wrote that Trump and his attorney "have pushed a false narrative of judicial bias so that they could characterize any jury verdict against Trump as the product of a corrupt system," and quoted one of the judge's previous rulings to point out that such complaints had no effect in a courtroom. She also wrote that she may seek sanctions against Habba for the false accusation. https://www.businessinsider.com/carroll-lawyer-threatens-sanctions-trump-alina-habba-judge-mentor-2024-1

It was not a motion or appeal. On the docket, it is described as a LETTER addressed to Judge Lewis A. Kaplan from Alina Habba dated January 29, 2024

Trump lawyer backs off idea that E. Jean Carroll judge had conflict January 31, 20242:29 AM GMT+7Updated 2 hours ago NEW YORK, Jan 30 (Reuters) - A lawyer for Donald Trump on Tuesday backed off her suggestion that the judge who oversaw E. Jean Carroll's two successful civil defamation trials against the former U.S. president might have had a conflict of interest "The point of my January 29 letter was to verify whether the information contained in the New York Post article is accurate," she wrote. "Since Ms. Kaplan has now denied that there was ever a mentor-mentee relationship between herself and Your Honor, this issue has seemingly been resolved." https://www.reuters.com/legal/trump-attorney-claim-judges-conflict-utterly-baseless-carrolls-lawyer-says-2024-01-30/

I will surmise, from the available info, that there is a former partner at Paul Weiss who knew both Judge Kaplan and Robbie Kaplan during their time together at the firm who is now suggesting that their relationship was not so professionally benign as the parties, or at least Ms. Kaplan's team, is suggesting. Maybe someone with a grudge -- who knows? Judge Kaplan has as yet responded to the formal request. I will note to keep things on track that Ms. Kaplan is out gay and most likely was during her time at the firm.

Trump lawyer Alina Habba demands details from judge on ‘troubling’ allegations he mentored E. Jean Carrol’s attorney Published Jan. 29, 2024, 10:06 p.m. ET Donald Trump’s lawyer, Alina Habba, demanded Monday that the judge presiding over E. Jean Carroll’s defamation case against the former president provide “all of the relevant facts” related to an alleged conflict of interest he had with the advice columnist’s lead counsel. A jury awarded Carroll $83.3 million in damages from Trump last week, before The Post learned from sources that Manhattan federal Judge Lewis Kaplan was once "mentor” to Carroll’s lawyer Roberta Kaplan, when they both worked together in the early 1990s at the Paul, Weiss Rifkin, Wharton & Garrison law firm in Midtown. with Ms. Kaplan in any capacity — especially if there was a mentor/mentee relationship — that fact should have been disclosed before any case involving these parties was permitted to proceed forward,” Habba wrote in a letter to the judge. “Lew was like her mentor,” a former Paul Weiss partner told The Post about the dynamic between Lewis Kaplan and Roberta Kaplan when they worked together at the firm. https://nypost.com/2024/01/29/news/trump-lawyer-alina-habba-demands-details-from-judge-on-troubling-allegations-he-mentored-e-jean-carrols-attorney/

Anyone who just wants to look on Trump as a total buffoon should maybe consider that there is a whole network of well-financed arch-Conservatives who are lurking behind him and waiting if/when he is again elected POTUS: https://en.wikipedia.org/wiki/Project_2025

Make him pay big retainer upfront.

Yes. The U.S. Constitution states that the president must: Be a natural-born citizen of the United States. Be at least 35 years old. Have been a resident of the United States for 14 years. https://www.usa.gov/requirements-for-presidential-candidates

Trump rape accuser E. Jean Carroll says it would be disrespectful to the women being 'raped around the clock' at the border if she filed criminal charges against the president UPDATED: 07:53 GMT, 24 June 2019 E. Jean Carroll appeared on The Last Word With Lawrence O'Donnell to share her story on Friday night, detailing once more the allegations she had published earlier in the day in New York. ... But when asked if she planned to press charges, Carroll quickly said no because it would be disrespectful to the young migrant women crossing the border. 'I would find it disrespectful to the women down on the border who are being raped around the clock down there without any protection,' said Carroll. 'They're young women. These women have very little protection there and it would just be disrespectful.' ... https://www.dailymail.co.uk/news/article-7172145/E-Jean-Carroll-not-file-rape-charges-against-President-Trump-respect-migrant-women.html

Apart from stoking your grievance, why does it matter? Celebrities, politicians among those named in sex abuse suits filed under NY’s Adult Survivors Act Updated 10:24 AM GMT+7, November 28, 2023 NEW YORK (AP) — For a year, New York’s Adult Survivors Act suspended the usual legal deadlines to give sexual assault victims one last chance to file lawsuits over misconduct that occurred years or decades ago. By the time the law expired last week, more than 3,700 legal claims had been filed, with many of the last few coming against big-name celebrities and a handful of politicians. The list of the accused contained many familiar names from past #MeToo scandals and a few new ones. A huge number of claims were also made by former prisoners over alleged assaults in jails and prisons. https://apnews.com/article/sexual-abuse-lawsuits-new-york-celebrities-politicians-5952cd8f0213bd8ba34c47950511dfd6

The motion to exclude DNA came from Carroll, not Trump. ***** While DNA evidence was thrown out of the case, Trump's lawyers continued to fight for the chance to question Carroll about her comments insinuating she had DNA evidence to prove her sexual-assault claim. In 2021, Carroll tweeted about Trump's mounting legal issues, writing, "Cyrus Vance, the Manhattan District Attorney, has Trump's taxes. Fani Willis, the Georgia Prosecutor, has Trump's phone call. Mary Trump has her grandfather's will. And I have the dress. Trump is basically in deep <deleted>." She also acknowledged in her deposition that she publicly claimed to have Trump's DNA. https://www.businessinsider.com/trump-rape-case-lawyers-banned-from-speaking-about-dna-judge-rules-2023-3

On February 15 Judge Kaplan dismissed Trump's offer as an out-of-line delay tactic. Further, the judge argued that the presence of Trump's DNA would not conclusively prove whether a rape occurred as no sperm was detected. In late March, the judge prohibited any mention of DNA evidence at the trial. https://en.wikipedia.org/wiki/E._Jean_Carroll_v._Donald_J._Trump

Registering as a Sex Offender in Florida If you have been convicted of a sexual felony in the state of Florida, you will be required to register as a sex offender. This mandate is just one way that the state of Florida protects families and innocent children from any sexual predators. https://www.muscalaw.com/criminal-defense/sex-crimes/registration-as-a-sex-offender As for the National sex offender registry: IV. COVERED SEX OFFENSES AND SEX OFFENDERS SORNA refers to the persons required to register under its standards as “sex offenders,” and section 111(1) of SORNA defines “sex offender” in the relevant sense to mean “an individual who was convicted of a sex offense.” https://smart.ojp.gov/sites/g/files/xyckuh231/files/media/document/final_sornaguidelines.pdf

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.” https://www.cnbc.com/2023/02/15/judge-rejects-trump-offer-of-dna-sample-in-carroll-rape-defamation-case.html

Beats me, Mr. Interlocutor

Error in allowing and disallowing evicencce. Ms. Habba is not on the appeal.