jerrymahoney

I know what he said.

Yes there are tapes of Trump saying that the jury decided Ms. Carroll was not raped by Trump yet for 4 years, on multiple media, he has been accused of rape. So maybe Trump would have been better off keeping his mouth shut. Maybe you can say the same about Carroll telling the NY Times that, regardless of the jury verdict, He Raped Me.

And has been repeatedly pointed out to you, the complaint as filed with the Court was for rape. Nowhere in the complaint, nor in Ms. Carroll's testimony nor in the testimony of her 2 principal witnesses, does it ever state that Ms. Carroll was sexually molested but not raped. What the jury meant by their decision is moot point as of now. What is likely at the heart of the appeal is what instructions did Judge Kaplan give to the jury to allow them to come up with a verdict that was not ever suggested by the plaintiff. And that will be a matter of case law and prior decisions.

What may be at issue here for the Trump attorneys is that -- while Trump on CNN says it never happened -- Ms. Carroll has been making the post-verdict interview rounds still insisting Trump raped her even though the jury could not come to that conclusion.

Also from the NY Times as linked above: “We (as Trump's attorneys) intend to vigorously oppose this motion, which we view as nothing more than a desperate, last-ditch effort by Ms. Carroll to upend this case,” Ms. Habba said. Asked about the reference to a threatened lawsuit by Mr. Trump against Ms. Carroll, Ms. Habba said, “We have been paying attention to the statements made by Ms. Carroll in the press and are considering all options.”

https://www.cnbc.com/2023/05/22/e-jean-carroll-seeks-very-substantial-damages-from-trump-over-cnn-town-hall-remarks.html Trump faces $10 million defamation claim by E. Jean Carroll after CNN town hall remarks PUBLISHED MON, MAY 22 20235:31 PM EDT UPDATED 59 MIN AGO This was the final paragraph on the paywall NY Times article on the same story: It was the trial of Carroll II that ended this month when the jury of six men and three women found Mr. Trump liable for sexually abusing and defaming Ms. Carroll. The jury did not find Mr. Trump liable for raping Ms. Carroll, as she had long claimed. https://www.nytimes.com/2023/05/22/nyregion/carroll-trump-cnn-defamation.html Archive no paywall: https://archive.is/xSZLd

This is a very interesting topic on the cataract operation procedure. I was first diagnosed with cataract about 10 years ago. My day vision with glasses (that I have worn since a kid) is just fine but night vision and reaction to bright lights not so good. One reason that I have not had the surgery is this (from 2008) Recognising ‘high-risk’ eyes before cataract surgery Certain eyes are at a higher risk of complication during cataract surgery. Operations on such ‘high-risk’ eyes are also more likely to yield a poor visual outcome (defined as best corrected vision less than 6/60 after surgery). Entropion, ectropion, and lagophthalmos: these eyes may have corneal exposure before and after surgery. ... In addition, lack of a proper lid closure mechanism will not allow the eye drops instilled to stay in the conjunctival sac. These three conditions need to corrected by surgery before you can contemplate a cataract extraction. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2377383/ I am nocturnal lagopthalmos: I have a hard blink (cannot do contact lenses) and I sleep with my eyes half open which I have to let someone know beforehand lest they think I was dead. So, at least for some, these are also considerations.

Based on these facts and a litany of additional public reporting, Trump appears to be at substantial risk of prosecution for both election and non-election crimes in violation of Georgia state law. Potential election crimes that may be on the table for Georgia prosecutors include: (1) solicitation to commit election fraud, Ga. Code Ann. § 21-2-604(a); (2) intentional interference with performance of election duties, Ga. Code Ann. § 21-2-597; (3) interference with primaries and elections, Ga. Code Ann. § 21-2-566; and (4) conspiracy to commit election fraud, Ga. Code Ann. § 21-2-603. https://www.brookings.edu/research/second-edition-fulton-county-georgias-trump-investigation/

Trump: (To Raffensperger and Ryan Germany, the general counsel for the secretary of state’s office) And you are going to find that they are — which is totally illegal, it is more illegal for you than it is for them because, you know what they did and you’re not reporting it. That’s a criminal, that’s a criminal offense. And you can’t let that happen. That’s a big risk to you and to Ryan, your lawyer. And that’s a big risk. But they (are shredding ballots, in my opinion, based on what I’ve heard. And they are removing machinery and they’re moving it as fast as they can, both of which are criminal finds. And you can’t let it happen and you are letting it happen. You know, I mean, I’m notifying you that you’re letting it happen. So look. All I want to do is this. I just want to find 11,780 votes, which is one more than we have because we won the state.

Trials are one thing. There is always the possibility he could be re-elected. That is something I do not care to contemplate.

No. I mean all the times he told Raffensperger that his saying that he would not further investigate more than he already has to find the about 200,000 illegally cast ballots that Trump claimed could be considered criminal activity on Raffensperger's part. As in: Raffensperger: Well, I listened to what the President has just said. President Trump, we’ve had several lawsuits and we’ve had to respond in court to the lawsuits and the contentions. Um, we don’t agree that you have won. And we don’t — I didn’t agree about the 200,000 number that you’d mentioned. And I can go through that point by point.

No problem. Forget about this case for now, nothing's going to happen fast. I have really been focused on the Georgia situation especially related to the hour plus long Georgia Secretary of State Raffensperger phone call and I mean the entire phone call not just the 'just find me 11 thousand plus votes' snippet.

I said that I voted against Trump in 2016 and 2020. And an appeal is a very different animal than a trial. An appeal involves in part briefs documenting case law and precedents involving jury instructions in previous trial decisions. I have never said anything about supporting Trump. I am just looking at the case.

The Jury Of One's Peers notion comes from the 6th Amendment from the US Constitution in part: Sixth Amendment Rights in Criminal Prosecutions In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, ... https://constitution.congress.gov/browse/amendment-6/ So it's also a matter of geography.

Well it is all moot until the appellate attorneys have written and filed their brief with the appellate Court. And Ms. Roberta Kaplan is a very experienced appellate attorney. She said: E. Jean Carroll's lawyer Roberta Kaplan said Wednesday that former President Trump has “absolutely zero” grounds for an appeal after a jury found that he defamed Carroll and is liable for sexual abuse of her. https://thehill.com/regulation/court-battles/3997968-e-jean-carroll-lawyer-says-trump-has-absolutely-zero-grounds-for-appeal/#:~:text=Email-,E.,for sexual abuse of her. She is also a hired hand.

I was only quoting Tacopina. Maybe he was wrong. But maybe,as in your link to the defamation trial, it can be entered at the district court that a jury found to the preponderance of the evidence standard Mr. Trump did not rape Ms. Carroll. An appeal has been filed. An appeal is not a trial. It is mostly based upon case law and precedent.

In Carroll v Trump, they are 1 for 1. And Jury instruction is a prime appellate procedural issue.

That is the post that you assume I am pro-Trump. I'll leave it at that if you do the same. . And I know what is Northern Soul

And that is my read on just what Tacopina is claiming is the basis for appeal. From the original Carroll COMPLAINT AND DEMAND FOR A JURY TRIAL 1. Roughly 27 years ago, ..... and raped her. 122. Trump committed battery against Carroll when he forcibly raped and groped her. Ain't no maybe's there.

Sure I thought at least one juror might not go along with whatever the judge said was how to interpret Ms. Carroll's claim. Not so. The appeal --based upon my reading of Tacopina's comments -- is that the complaint was for rape and not once in the complaint or in the testimony of Ms. Carroll and her two main witnesses was it ever suggested that Ms. Carroll was not raped but only sexually molested. And that kind of 'technicality' is the bread & butter of the appellate process.

I think the Carroll case was a terrible case. I don't care who was on the receiving end of You raped me. When? I don't know.

As referenced above, in the cases of Carroll vs Trump they are 1 for 1 on appeals: As to the appeal, Trump lawyer Joe Tacopina told The Post Thursday: “Judge [Lewis] Kaplan has been overturned once already in Carroll v. Trump” — referring to the pending defamation case in which the judge’s ruling that Trump didn’t have immunity was overturned. https://nypost.com/2023/05/11/trump-to-appeal-5m-judgment-in-e-jean-carroll-lawsuit/ And just to note by coincidence this week at the US Supreme Court, Judge Koeltl was the judge overturned at District Court in the original Andy Warhol copyright suit.

So you are suggesting I am a Trump sympathizer? I voted against him twice in Florida (not that it made any difference in his winning of Florida both times). How about you?

They'll find something else like always.

Well OK but I have been responding to concerns about how the Secret Service would be involved following any felony convictions incurring prison time state or federal: Tons of advance planning would go into Trump's security before he entered any sort of prison, according to law enforcement experts. Keeping an ex-president safe while in jail would be a major concern, and it's not something that security officials have had to plan for before. https://www.businessinsider.com/secret-service-agent-protect-trump-jail-prison-state-federal-crimes-2021-1