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jerrymahoney

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Everything posted by jerrymahoney

  1. No. Just Rules of Appellate Procedure and Rules of Federal Evidence.
  2. Right. He said that the verdict last MAY has already determined liability for defamation. So if that one gets tossed, then likely the one today will be tossed.
  3. I just try to point out the legal options available to him. I never say that he's going to win. And with the Supreme Court going into high gear next month, that is the only predicament where I really hope he loses.
  4. So if I said the appeal is based on rules of evidence and not the amount of damages that would have sufficed, huh?
  5. That if the first trial (the NY State Victims trial) is reversed on appeal, so will be the verdict arrived today.
  6. Before the second trial got underway, the judge ruled that Carroll was telling the truth about the assault, and that Trump's statements denying her claims were defamatory. The jury was tasked only with deciding what damages Carroll was entitled to receive. https://www.cbsnews.com/news/trump-e-jean-carroll-trial-closing-arguments-courtroom/
  7. You are getting now into rules of Federal Appellate Procedure so that may not be the case.
  8. Sure. In a civil trial, it stands until there is a reversal if any. But the damage award goes into escrow until the appeal is resolved.
  9. If the appeals court affirms the lower court's judgment, the case ends, unless the losing party appeals to a higher court. The lower court decision also stands if the appeals court simply dismisses the appeal (usually for reasons of jurisdiction). https://www.americanbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/appeals/ But as in this case and the prior case, if the appeal is accepted by the court, the damage award goes into escrow account of the court either in cash or via a bond.
  10. I'm no Trump apologist. He probably should have shut up. But he didn't. As far as next stages of the litigation, that really doesn't matter. Again, if he succeeds in the current appeal, then the judgments in both of Judge Kaplan's trials could be tossed.
  11. No problem. You can have your cahoots over today's verdict. I'm just trying to explain how the US justice system works -- and the motion not to delay the trial until the appeal already underway is decided may be sufficient grounds for appeal this case right there.
  12. Trump filed a motion last year in the case decided today to pause the trial until the appeal was decided on last years defamation and sexual assault verdict. Motion denied. So if -- and I mean IF -- Trump does well on the case currently on appeal, both verdicts could be tossed.
  13. REDUX Trump claimed — and still does — Carroll was lying and made up the accusation to sell her book. But U.S. District Judge Lewis Kaplan, an appointee of former President Clinton who oversaw the trial, already ruled Trump defamed Carroll. The jury merely considered the issue of damages. Within minutes, Trump vowed to appeal the verdict, as he did with the trial last year. “Absolutely ridiculous! I fully disagree with both verdicts,” Trump wrote on Truth Social. https://thehill.com/regulation/court-battles/4431528-donald-trump-e-jean-carroll-defamation-trial-verdict/ He can post a bond if he can get it. But there may be some complications as the verdict today is predicated on the liability decision last year that is already under appeal.
  14. He can post a bond if he can get it. But there may be some complications as the verdict today is predicated on the liability decision last year that is already under appeal.
  15. Trump claimed — and still does — Carroll was lying and made up the accusation to sell her book. But U.S. District Judge Lewis Kaplan, an appointee of former President Clinton who oversaw the trial, already ruled Trump defamed Carroll. The jury merely considered the issue of damages. Within minutes, Trump vowed to appeal the verdict, as he did with the trial last year. “Absolutely ridiculous! I fully disagree with both verdicts,” Trump wrote on Truth Social. https://thehill.com/regulation/court-battles/4431528-donald-trump-e-jean-carroll-defamation-trial-verdict/
  16. From the Wikipedia link above: On October 7, 2016, one month before the United States presidential election, The Washington Post published a video and accompanying article about then-presidential candidate Donald Trump and television host Billy Bush having "an extremely lewd conversation about women" in September 2005.
  17. Regardless of the above, that is all about the jury verdict in the NY State Assault victims case in Ms. Carroll's favor. Water under the bridge. There is an appeal now in the first level NY State Court of appeals and that no-date may not even figure in Trump's appeal.
  18. So then how come two professional journalists like Carol Martin and Lisa Birnbach also could not remember the date -- what was their trauma?
  19. Georgia is one of the four states (Georgia, Nebraska, Nevada, Utah) whose governor does not have the authority to grant clemency, although the governor retains indirect influence by virtue of his power to appoint board members. https://en.wikipedia.org/wiki/Georgia_State_Board_of_Pardons_and_Paroles
  20. I don't care what is your view or anyone else's. I look at that case like I am on Court TV. There are certainly the anti-Trumpers and then there are the MAGA 'it's all a witch hunt' gang. I actually look at the docket. I have done that since the 1980's when you actually had to sit in a law library and go through the stacks. Oil & gas stuff then.
  21. You can ponder as many probables as you need to fill your day wish, but you’ll never know. You are right. As a Florida resident (at least while my Mother was alive) , I only mentioned that as you were questioning my bona fides as an anti-Trumper. But you will maybe still insist, if I ever try to explain via sources and rarely my own verbiage, the Trump legal position, I am rooting for Trump. And I've heard that Man-of-Mystery line of yours before.
  22. Well excu-u-use me. * You're the one who wants to make this personal. Like for someone who is anti-Trump I'm not sufficiently anti-Trump. * Cue John Belushi
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