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real-human



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PostPosted: Wed Dec 30, 2020 11:18 pm    Post subject: Reply with quote

https://www.thefreelibrary.com/TO+DEPOSE+A+PRESIDENT:+Trump+is+about+to+lose+his+biggest+defense...-a0646877726


TO DEPOSE A PRESIDENT: Trump is about to lose his biggest defense against the women suing him for defamation.


Quote:
One chilly afternoon in November 2019, a process server stepped through the gold-rimmed doors of Trump Tower on New York's Fifth Avenue to deliver a copy of an explosive lawsuit and a court summons to President Donald Trump.

In those papers, E. Jean Carroll declared that Trump had raped her in a department store dressing room in late 1995 or early 1996. Carroll, a veteran advice columnist at Elle magazine and one of at least 26 women who have accused Trump of sexual misconduct since the 1970s, claimed that Trump had subsequently smeared her when he denied he knew her, accused her of fabricating her story to sell books, and insulted her appearance in statements to reporters. She was now suing him for defamation, demanding a retraction and damages. "Nobody in this nation is above the law," her complaint began. "Nobody is entitled to conceal acts of sexual assault behind a wall of defamatory falsehoods and deflections."

But before her claims could be heard in a New York state court, Trump needed to be served. First, the process server made his way through a Secret Service checkpoint. Then he spoke to the concierge, who called upstairs to a legal office before refusing to accept the documents. The server tried to leave the sheaf of papers and head back toward the lobby's golden doors, but Secret Service officers stopped him, ordered him to take the papers, and kicked him out. One officer said they had instructions to keep process servers from leaving documents with the concierge, according to an affidavit. Three subsequent attempts to serve papers at Trump Tower and one at the White House ended similarly.



For nearly four years, Trump has wielded the office of the presidency as a shield against lawsuits from women who have accused him of sexually assaulting them before his election. "It started the moment the lawsuit was filed," Carroll's lawyer, Roberta Kaplan, says in an email. Trump claimed presidential immunity in state court, argued that he couldn't be sued in New York because of his temporary residence in the White House, and had the Department of Justice intervene on his behalf.

Now that he's lost his office to President-elect Joe Biden, Trump is facing the prospect of finally having to deal with both Carroll's claim and a similar defamation lawsuit filed in New York by former Apprentice contestant Summer Zervos. Legal experts say that both women's cases could proceed quickly once Tramp returns to civilian life. And that means the soon-to-be-former president could imminently face the question of either settling their claims or going to trial over the truth of their allegations.

Zervos first began speaking out about Trump in the last weeks of his 2016 campaign, after he claimed that he had never sexually assaulted women in the way he had bragged in the Access Hollywood tape. Zervos alleged that Trump had kissed her, groped her breast, and thrust his genitals on her without consent during two 2007 meetings to discuss job opportunities. Trump denied it all, as well as the allegations of other accusers who told their stories in 2016, tweeting that they were "100% fabricated and made-up." Zervos sued him for defamation over that claim and similar statements a few days before his inauguration.

Since then, Zervos' case has "lingered in the courts for a significantly longer time than you would typically expect of a defamation lawsuit," says Amy Kristin Sanders, a media law expert and associate professor at the University of Texas at Austin. Again, Trump's office protected him. A few months after Zervos filed her case, Trump lawyer Marc Kasowitz debuted an argument he has since returned to repeatedly, insisting that the Constitution prevents a sitting president from being sued in state court. Neither the trial court judge nor a state appeals court was convinced. (Nor was the US Supreme Court when Trump tried to block a grand jury from subpoenaing his tax records using a very similar argument.) "The President is still a person, and he is not above the law," wrote Justice Dianne Renwick of the New York Appellate Division, First Judicial Department.



By appealing those decisions again and again, Trump was able to keep delaying Zervos' lawsuit--and, crucially, to put off being deposed by her lawyers. During a pre trial deposition, Trump would "certainly" be asked under oath about whether he sexually assaulted Zervos, Sanders says. Plus, any deposition is an unwelcome prospect for a legal team whose client has a well-established inability to keep his mouth shut. "He's a loose cannon," she says. "You have no idea what he's going to say. You have no idea what he could open himself up to." (Neither Zervos' nor Trump's lawyers responded to requests for comment.)

For now, Zervos' case is on hold while the Court of Appeals, New York's highest court, considers Kasowitz's presidential immunity argument. Yet once Trump is no longer a sitting president, Kaplan predicts, the court will likely dismiss his appeal.

Carroll, on the other hand, isn't just seeking to depose Trump; she wants to get a DNA sample. Shortly after she filed her lawsuit (a judge ultimately permitted her to serve Trump by mail), her legal team asked a lab to look for genetic material on a black Donna Karan dress she says she was wearing when Trump allegedly raped her. The results turned up unidentified male DNA, which, if matched to Trump, could help convince a jury that her allegations were true. (Dispelling speculation about analyzing DNA from one of Trump's relatives, Kaplan says her team's experts have concluded that a sample from Trump's niece, Mary, would not be useful. Kaplan also is representing Mary Trump in a fraud lawsuit against her uncle.)

Trump tried to get Carroll's lawsuit put on hold until New York's high court ruled on presidential immunity--and once again, a judge declined. But as Trump faced the prospect of handing over a cheek swab last fall, the Department of Justice swooped in. At the request of the White House, DOJ lawyers argued that Carroll's suit rightfully should be against the United States government, not Trump personally, because he was acting within the scope of his employment when he called her a liar and said she was "not my type." In other words, taxpayer-funded lawyers were trying to help the president avoid facing his accuser in court. Barbara McQuade, a former US attorney, explained at the time that this is a "fairly routine thing" for the feds to do--generally in work-related cases that do not involve the president, such as a mail carrier who is sued after an accident involving a postal truck.

If the DOJ's move had succeeded, Carroll's lawsuit would have been dismissed since the United States can't be sued for defamation. So far, the gambit hasn't worked. On October 26, a federal judge ruled that the president didn't count as a government employee--and even if he did, Trump's statements about Carroll weren't employment-related. The DOJ has 60 days to appeal that ruling, according to Kaplan. Regardless, it will soon be up to Biden's administration to decide whether the government continues intervening on Trump's behalf. "Trump now has, essentially, a law firm called the Department of Justice working for him personally," says Bruce Johnson, a First Amendment lawyer. "That is one of the advantages that he will not have after January 20, 2021."

Defamation lawsuits are, at least in theory, about the truth: If a statement is true, it cannot be defamatory. That means if either of these cases proceeds to trial, courtroom arguments will center on whether Trump was telling the truth when he called Zervos and Carroll liars--and whether they can convince jurors that Trump assaulted them. If they win, both women want Trump to retract his statements and pay damages. According to Kaplan, Carroll is open to a settlement only if it allows her to keep talking and writing about what Trump allegedly did to her.

Settling the cases once he leaves office might be an appealing option for Trump, who could make them go away outside the glare of the campaign spotlight. "He's a guy who will always promise that he's going to fight a case, but when push comes to shove, he will cough up money to settle," Johnson says, pointing to the federal fraud lawsuit against Trump University. Leah Litman, an assistant law professor at the University of Michigan, sees it another way. "I honestly don't think he would worry about the political fallout," she says. "I think he thinks attacking these women is good for him."

For now, Carroll's case is proceeding. "Once he is no longer president, Donald Trump should have more time to devote to responding to the discovery requests in our case, including producing his documents, providing a DNA sample, and having his deposition taken," Kaplan says. "We look forward to moving ahead with our case."

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real-human



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PostPosted: Wed Jan 20, 2021 5:22 pm    Post subject: Reply with quote

https://www.msnbc.com/rachel-maddow/watch/-worst-president-in-american-history-trump-term-ends-under-a-cloud-in-calamity-99711557727?cid=eml_mra_20210120


'Worst president in American history': Trump term ends under a cloud, in calamity


Quote:
Rachel Maddow reviews the collection of crises, court cases and criminal investigations Donald Trump faces and wonders if he, like many Americans, wishes he could take back the last four or five years.

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PostPosted: Thu Jan 21, 2021 7:28 pm    Post subject: Reply with quote

the criminal and personal lawsuits are now going to be able to get the documents and testimony of the criminal. hahahahahah

https://www.msn.com/en-us/news/politics/manhattan-da-plans-more-interviews-with-trumps-former-personal-attorney-as-probe-heats-up-post-presidency/ar-BB1cYnv1?ocid=msedgntp


Manhattan District Attorney Cy Vance Jr. plans to interview Michael Cohen again as part of his investigation into allegations that former President Donald Trump has committed a range of financial fraud — an inquiry that is likely to heat up now that he’s no longer in the White House, according to sources familiar with the matter.


Cohen, Trump’s former personal lawyer who’s serving a three-year prison sentence in home confinement, was interviewed by Vance’s team last week over the phone. That hourslong questioning focused on Trump’s finances, including his relationship with Deutsche Bank, his primary lender for decades, The Associated Press reported.

Sources told the Daily News on Thursday that last week’s sitdown proved valuable enough for Vance’s team to move ahead with locking in at least one more interview with Cohen.

The date for the next interview was not immediately known, and a spokesman for Vance declined to comment. Cohen declined to comment as well.

Vance’s investigators first interviewed Cohen in September 2019 while he was still locked up at a federal prison in upstate New York.


Quote:
Meghan McCain objects to ‘View’ co-host calling Ted Cruz and Josh Hawley ‘the…
Iranian News Agency Tweets Picture of Trump Golfing Under Bomber Shadow…
New York Daily News logoManhattan DA plans more interviews with Trump’s former personal attorney as probe heats up post-presidency

Manhattan District Attorney Cy Vance Jr. plans to interview Michael Cohen again as part of his investigation into allegations that former President Donald Trump has committed a range of financial fraud — an inquiry that is likely to heat up now that he’s no longer in the White House, according to sources familiar with the matter.


Cohen, Trump’s former personal lawyer who’s serving a three-year prison sentence in home confinement, was interviewed by Vance’s team last week over the phone. That hourslong questioning focused on Trump’s finances, including his relationship with Deutsche Bank, his primary lender for decades, The Associated Press reported.

Sources told the Daily News on Thursday that last week’s sitdown proved valuable enough for Vance’s team to move ahead with locking in at least one more interview with Cohen.

The date for the next interview was not immediately known, and a spokesman for Vance declined to comment. Cohen declined to comment as well.

Vance’s investigators first interviewed Cohen in September 2019 while he was still locked up at a federal prison in upstate New York.

Cyrus Vance, Jr. wearing a suit and tie: Manhattan District Attorney Cy Vance © ANGELA WEISS Manhattan District Attorney Cy Vance
Manhattan District Attorney Cy Vance (ANGELA WEISS/)

Vance’s increasing interest in Cohen suggests the former fixer could be a key part of his investigation, which is the only known active criminal inquiry into Trump.

The DA launched the probe to review whether Trump broke state laws by ordering Cohen to issue illegal hush payments on his behalf to a couple of his alleged extramarital lovers before the 2016 election.

However, Vance has since expanded the scope of his investigation to include what his prosecutors described in court papers as “extensive and protracted criminal conduct at the Trump Organization,” the ex-president’s family business.

Cohen, who’s serving time for facilitating the payoffs to Trump’s alleged paramours and a string of other financial crimes, has long alleged that his former boss artificially inflated the value of his assets to secure bank loans, but deflated them to lower his tax rate. Such financial trickery can amount to fraud, according to legal experts.

A spokeswoman for the Trump Organization did not return a request for comment Thursday. Trump has previously called Vance’s probe a “witch hunt.”

The New York Times reported last month that the DA was intensifying his investigation ahead of Trump’s exit from office by, among other actions, interviewing employees at Deutsche Bank and Aon, Trump’s longtime insurance broker.

Though it’s unclear whether he will ultimately bring charges, Vance’s probe appears to be the most serious legal threat to Trump now that he’s no longer shielded by presidential immunity.

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PostPosted: Sun Jan 24, 2021 12:06 am    Post subject: Reply with quote

https://talkingpointsmemo.com/news/report-wh-aide-asked-doj-attorney-for-dirt-on-woman-accusing-trump-of-rape


Report: WH Aide Asked DOJ Attorney For Dirt On Woman Accusing Trump Of RapeA White House liaison to the Department of Justice reportedly solicited a department attorney for damaging information on writer E. Jean Carroll, who is suing President Donald Trump for defamation after he attacked her in response to her allegation that he had raped her in the 1990s.




Quote:

The Guardian reported that the liaison, Heidi Stirrup, asked the unnamed lawyer for dirt on Carroll that could be relayed to Trump’s private legal team shortly after a judge shot down the Justice Department’s bid to serve as Trump’s defense in the lawsuit last October.

Stirrup also reportedly sought evidence that Carroll was conspiring with Democrats to make false accusations against Trump.

The attorney told the Guardian that they had rejected Stirrup’s request “in the strongest possible terms.”

The White House aide was banned from the Justice Department building in December after similarly trying to obtain information on supposed election fraud and other pet issues of Trump’s.

The DOJ and the White House did not respond to TPM’s request for comment.

Carroll and her attorney, Roberta Kaplan, asserted in a joint statement that if the report on Stirring’s gambit is true, “it is yet further evidence of the multiple ways in which Donald Trump misused DOJ lawyers, especially in our case.”


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PostPosted: Sat Jan 30, 2021 9:09 pm    Post subject: Reply with quote

the rulings are coming in...

https://www.msn.com/en-us/news/crime/ny-supreme-court-trump-org-wrongly-asserted-attorney-client-privilege-lawyers-must-turn-over-documents/ar-BB1dfaHn?ocid=msedgntp


NY Supreme Court: Trump Org Wrongly Asserted Attorney-Client Privilege; Lawyers Must Turn Over Documents

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PostPosted: Thu Feb 04, 2021 8:56 pm    Post subject: Reply with quote

https://www.youtube.com/watch?v=kzapwyHibUw


Eric Trump Is Freaking Out Because Scotland Wants To Investigate His Family


Quote:
Eric Trump lashed out at Scottish officials this week after they began to question exactly how the Trump organization managed to get their hands on Scottish property to build their Turnberry golf course. Eric referred to one politician as a "national embarrassment," and then said that their behavior threatens all investors from out of the country. Farron Cousins explains why Eric's reaction is pretty much proof that something isn't right.


Quote:
Eric Trump son of former president Donald Trump had a bit of a freak out this week. Uh, when a couple of Scottish lawmakers decided that they wanted to look into how in the world, the Trump organization managed to get their hands on the Scottish property, uh, that eventually became Donald Trump's Turnberry golf course. You see some of these, uh, officials, one of them by the name of, uh, Patrick Harvey, who is a with the Scottish greens. They're a little confused as to how exactly this transaction took place. Why did the country decide to sell this land to Donald Trump of all people? And it's really great too, because, uh, in Scotland, they have this process, these, uh, OU woes UWS as they're called, uh, which is a relatively new piece of, uh, legislation for all of Britain. And it requires the subject to explain how exactly their assets were acquired.

If their reasoning is not satisfactory, then the assets are presumed to be recoverable property, meaning they could be seized. So basically Patrick Harvey, if the Scottish screen says, Hey, listen, we have some doubts about how you acquired this. Maybe you weren't honest with us. Maybe you wrote some checks to Pew who knows what happened. And I'm not saying Harvey's a QE choosing them of that, but Harvey is saying something doesn't smell right about this deal. And we just want to look into it. We just want to make sure everything's on the level. We have the legal authority to do that. So let's just do it. And Harvey's a hundred percent, right? But that, Eric Trump off, some might even say irrationally because Eric Trump lashed out with the following statement. He said, Patrick, Harvey is nothing more than a national embarrassment with his pathetic antics that only serve himself and his political agenda. If Harvey and hold up, hold up, hold up. Like, how does Harvey benefit from the Donald? Trump is not a politician in Scotland. He's not a British politician. He's an American politician. Who's not even in an office. So again, tell me Eric, how in the hell does Patrick Harvey benefit from, from going after your dad?

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PostPosted: Tue Feb 09, 2021 1:18 pm    Post subject: Reply with quote

https://news.yahoo.com/insight-impeachment-begins-york-accelerates-110403002.html


Insight: As impeachment begins, New York accelerates probes of Trump's property dealings


Quote:
(Reuters) - As former U.S. President Donald Trump goes to trial this week in the Senate on charges of inciting the Jan. 6 Capitol insurrection, criminal and civil investigations into his businesses are accelerating in New York.

Manhattan prosecutors probing Trump’s real-estate business for possible insurance and tax fraud have stepped up witness interviews in recent months and hired forensic accountants, four people familiar with the criminal probe told Reuters. A separate state attorney general’s civil probe into whether the business falsely reported property values got a boost on Jan. 29, when a New York Supreme Court judge ordered the Trump Organization to turn over documents.

A U.S. Supreme Court decision is expected soon on whether Manhattan District Attorney Cyrus R. Vance Jr can obtain eight years of Trump’s tax records and other financial information from accounting firm Mazars. Two people familiar with the district attorney’s criminal probe expect the court to act this month.

Both the district attorney and the attorney general are focused in part on whether Trump’s businesses improperly falsified values on real-estate assets to secure tax breaks, loans or other benefits.

Trump’s tax returns could provide compelling evidence in the criminal probe if they differ significantly from other financial statements reported by the Trump business, said Daniel Horwitz, a white-collar defense lawyer and former Manhattan prosecutor. But in addition to records, he said, prosecutors will likely need witnesses who could “testify about false documents and why they were falsified.”

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PostPosted: Tue Feb 09, 2021 6:14 pm    Post subject: Reply with quote

https://www.msn.com/en-us/news/politics/georgia-probe-of-donald-trump-call-could-spell-jail-time-in-worst-case-scenario/ar-BB1dxABU?ocid=msedgntp


Georgia Probe of Donald Trump Call Could Spell Jail Time in Worst-Case Scenario

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PostPosted: Tue Feb 16, 2021 8:25 am    Post subject: Reply with quote

https://www.youtube.com/watch?v=Bf-XStso4W8


Trump Faces List Of Legal Problems Post-Impeachment | Morning Joe | MSNBC


Quote:
New York prosecutors are investigating financial dealings around some of Donald Trump’s Manhattan properties, according to new reporting. Joyce Vance discusses. Aired on 02/15/2021.

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PostPosted: Thu Feb 18, 2021 10:43 pm    Post subject: Reply with quote

wow ... there must be something there. They brought in a former federal prosecutor/expert in organized crime to head the trump investigation. They would not have done this if there was nothing there.

yeee haaaa

https://www.nation.lk/online/manhattan-district-attorney-bolsters-team-investigating-possible-fraud-claims-by-trump-and-his-compa-57332.html


Manhattan district attorney bolsters team investigating possible fraud claims by Trump and his company


Quote:
(CNN)The Manhattan District Attorney's Office has added a prominent former prosecutor to bolster its team investigating possible fraud claims by former President Donald Trump and his company.

Mark Pomerantz, a former federal prosecutor in Manhattan and a well-regarded defense lawyer and trial attorney with an expertise in financial institutions, was sworn into office earlier this month as a special assistant district attorney, Danny Frost, a spokesman for District Attorney Cy Vance, told CNN.

Vance's office is investigating whether the Trump Organization violated state laws and is looking into the legality of tax deductions, including from conservation easements and consulting fees the company took, as well as what the Trump Organization told lenders and tax authorities about the value of its assets.

Pomerantz, who is a retired partner at law firm Paul Weiss, could not immediately be reached for comment. The New York Times first reported that Pomerantz joined Vance's team.

By adding Pomerantz, prosecutors gain a well-seasoned attorney steeped in criminal law and someone who knows the ins and out of financial investigations.

Pomerantz was the head of the criminal division at the US attorney's office in Manhattan from 1997 to 1999. He had been a partner at Paul Weiss for more than a decade until he retired. As a defense lawyer he represented numerous individuals and financial institutions in complex financial fraud investigations.

Vance's investigation started its investigation in earnest in August 2019, initially looking into the hush-money payments former Trump attorney Michael Cohen facilitated to silence two women's claims that they had affairs with Trump. The former President has denied the affairs.

It grew to include allegations, also made by Cohen, that the Trump Organization inflated assets when seeking loans and deflated them when it came time to pay taxes. Cohen has been interviewed multiple times by Vance's investigators, including as recently as this week, according to a person familiar with the matter.

Prosecutors are looking into numerous loans the Trump Organization has taken out, including those from Deutsche Bank and Ladder Capital, people familiar with the investigation have said.

Investigators initially began looking into the Ladder Capital loans after ProPublica reported discrepancies between the values Trump Organization gave to Ladder Capital and what it provided to New York City tax authorities, sources told CNN. New York City Mayor Bill de Blasio asked Vance's office to look into the allegations and they agreed, the sources said.

Prosecutors have since expanded their inquiry into fees Trump paid to consultants, including his daughter Ivanka Trump. They are also looking into tax deductions taken on conservation easements at the Trump property in Westchester County, New York, called Seven Springs.

The Trump Organization has said it has complied with all laws.

Prosecutors have been in a protracted legal battle over a grand jury subpoena to Trump's accounting firm Mazars USA for Trump's financial records, including his tax returns. The case is back before the Supreme Court, which has not yet ruled on whether Vance can have the records.

Vance's office has said the records are crucial to the investigation, in part because of the statute of limitations for the potential crimes they are investigating.

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