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DOJ no longer believes Trump should have immunity from E. Jean Carroll defamation lawsuit

The Justice Department has reversed course and said it no longer believes that Donald Trump should be entitled to immunity for his response to E. Jean Carroll’s accusation of sexual assault, allowing the civil lawsuit to move forward to trial in January.

The change in position eliminates one legal hurdle surrounding Carroll’s 2019 defamation lawsuit against Trump for statements he made while president, denying her allegation of rape decades earlier, that he didn’t know her, and that she wasn’t his “type.”

DOJ lawyers said in a letter to lawyers for Trump and Carroll that “the Department has determined that it lacks adequate evidence” to conclude the former president was acting within the scope of his employment or serving the US government “when he denied sexually assaulting Ms. Carroll and made the other statements regarding Ms. Carroll that she has challenged in this action.”
 
Amanda Marcotte on Twitter: "They all but argue "Look, he's guilty, so can we just find a way to avoid saying so until he can pardon himself?" (link)" / Twitter

"Miscarriage of justice": Trump's legal team fights to postpone documents trial indefinitely | Salon.com - "The former president's lawyers submitted an eleventh-hour filing asking to postpone his criminal trial"
The filing, which The New York Times reported was submitted a mere half-hour ahead of its Tuesday midnight deadline, also alleged that "The Government appears to favor an expedited (and therefore cursory) approach to this case." The Justice Department and prosecutors working under special counsel Jack Smith have requested a December 11 trial date, while Trump-appointed Judge Aileen Cannon had slated an unprecedently early date in August.

...
Trump's legal team also implied that the trial would be disruptive to his presidential campaign efforts ...

...
The Hill reported that lawyers for Walt Nauta, the ex-president's personal valet who was also indicted in connection with the Mar-a-Lago scandal, helped pen the filing.

Trump Lawyers Seek Indefinite Postponement of Documents Trial - The New York Times
The former president’s legal team argued in a court filing that no trial date should be set until all “substantive motions” in the case were resolved, setting up an early key decision by Judge Aileen M. Cannon.
So they want to litigate it to death.

"Some of the former president’s advisers have been blunt in private conversations that he is looking to winning the election as a solution to his legal problems."
 
Looks like action in Georgia in August. I may have to get a bottle of Andre Cold Duck Extra Brut to celebrate when this balloon goes up.

....
"I became convinced that the district attorney Fani Willis was going to indict probably a massive conspiracy case when she did something that was really unusual. I had never seen it done as a prosecutor. She sent a letter to the judges of Fulton County, the Fulton County court, saying that we respectfully request that you set no trials for two weeks in August," he said. "The week of august 7th and 14th, and you set no in-person hearings during those two weeks. That is an incredible ask of a prosecutor to courts, please clear your dockets, clear the decks."

He added:

The "only real inference there is that she knows full well that she is going to drop a massive conspiracy indictment that will probably include, according to one of the grand jurors who gave some interviews after the special purpose grand jury had concluded its work, perhaps dozens of people."
.....

 
he is looking to winning the election as a solution to his legal problems.
That has been apparent for a while. It’s shameful that he is even allowed to TRY that tack. The legal culpability of presidents needs to be spelled out in detail.
 
Thanks to The Speedy Trial Act, in a federal court, after an indictment, a trial must occur within 70 days. Unless there is a serious issue, say a defendent has a heart attack, the trial must occur. Frivolous delays are not going to be allowed.
 
a trial must occur within 70 days. Unless there is a serious issue, say a defendent has a heart attack [or an army of lawyers offering specious objections to a speedy trial]
There will be no trial in 70 days or 170 days or 270 days. If there's one thing Trump is good at it's keeping things that need to happen for the good of the Country, from happening.
 
  • Sympathy
Reactions: jab
I think you will be proven wrong. The courts are now aware of Trump's antics and are not going to play that game any longer. Trump lawyers who try will be slapped down quickly, and in extreme cases, sanctioned for these frivolous antics.
 
When court is called to order in front of a seated jury, I’ll begin to believe it.
 
Again, Fanni Willis is demanding Early August be cleared for action by the Georgia Attorney General. Life is about to get hard for Trump and his flunkies. Alas, my local Walmart is out of stock of Andre Cold Duck extra brut champagne. Putting a crimp in my celebration for now. When Trump gets indicted, I plan to grill a nice steak.
 
Thanks to The Speedy Trial Act, in a federal court, after an indictment, a trial must occur within 70 days. Unless there is a serious issue, say a defendent has a heart attack, the trial must occur. Frivolous delays are not going to be allowed.
Is it trial in 70 days or scheduled in 70 days? The DOJ requested the documents trial be delayed until December.
 
Thanks to The Speedy Trial Act, in a federal court, after an indictment, a trial must occur within 70 days. Unless there is a serious issue, say a defendent has a heart attack, the trial must occur. Frivolous delays are not going to be allowed.
Is it trial in 70 days or scheduled in 70 days. The DOJ requested the trial be delayed until December.

Apparently Jack Smith requested a delay due to superceding charges. Discovery has been fruitful, and more evidence has resulted in more charges to consider. More indictments are coming. According to MSNBC experts, something big is brewing. And Smith may be trying to stay out of Fanni Willis' way for now.
 
Thanks to The Speedy Trial Act, in a federal court, after an indictment, a trial must occur within 70 days. Unless there is a serious issue, say a defendent has a heart attack, the trial must occur. Frivolous delays are not going to be allowed.
Is it trial in 70 days or scheduled in 70 days? The DOJ requested the documents trial be delayed until December.
No trials are actually held within 70 days. There are MANY MANY reasons that the 70-day count is halted. Trump's whole strategy is delay.
 
Thanks to The Speedy Trial Act, in a federal court, after an indictment, a trial must occur within 70 days. Unless there is a serious issue, say a defendent has a heart attack, the trial must occur. Frivolous delays are not going to be allowed.
Is it trial in 70 days or scheduled in 70 days. The DOJ requested the trial be delayed until December.

Apparently Jack Smith requested a delay due to superceding charges. Discovery has been fruitful, and more evidence has resulted in more charges to consider. More indictments are coming. According to MSNBC experts, something big is brewing. And Smith may be trying to stay out of Fanni Willis' way for now.
It's not a good look for Trump that New York, Georgia, and the Special Counsel's office all need to coordinate their schedules so they don't have overlapping trials. Maybe that's the reason Smith gave Trump only 4 days to respond to the letter. "We're on the clock, people! August is here, and we've got a raft of indictments coming down. Clear your schedules, postpone your vacations, and take your vitamins, 'cause you're gonna be awfully busy!"
 
At this point someone should keep track if he is spending more time in courts than on the campaign trail. Ok, I know he won't appear in court unless he is required, but dealing with all these cases must be a full time job, even with lawyers dealing with most of it.
 
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