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(Axios)   Everyone's high on the Bannon news right now, but a federal judge just threw out Trump's attempt to block Manhattan DA Vance from seeing his tax returns. You know, the guy investigating Trump for massive fraud   (axios.com) divider line
    More: News, President of the United States, United States, Court, President Trump, Judge, Supreme Court of the United States, Supreme Court, federal judge  
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2760 clicks; posted to Politics » on 20 Aug 2020 at 10:18 AM (14 weeks ago)   |   Favorite    |   share:  Share on Twitter share via Email Share on Facebook



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TWX [TotalFark]
2020-08-20 2:00:55 PM  

BMulligan: BMulligan: TWX: BMulligan: To clarify, the "with prejudice" part simply means that the prosecutor can't refile the charges unless the dismissal is reversed.

You sure about that?  Doesn't normally such terminology only get applied towards the parties whose claims are denied?

What? I don't understand your question. Simply put, a dismissal without prejudice gives the prosecutor leave to refile, and a dismissal with prejudice does not allow the prosecutor to refile unless and until a higher court says otherwise.

Wait - now I understand my confusion. I've been following so many legal stories today that I've mixed this case up with the Bannon case in my mind ( the weed doesn't help). This, of course, is a civil matter - wherever I typed "prosecutor"read "plaintiff," and where I wrote "charges" read "cause of action." There. All fixed.


Are you referring to Trump's side as the plaintiff, or the defendant?

Because from my 1000' view, he's the defendant, and this legal action was in defense of the state as plaintiff's actions vis-a-vis his records.  For this very specific action he might have done the filing but it seems disingenuous to refer to him as a plaintiff when the overall strategy is one of defense.
 
2020-08-20 2:09:53 PM  

I am Tom Joad's Complete Lack of Surprise: whidbey: I am Tom Joad's Complete Lack of Surprise: whidbey: I am Tom Joad's Complete Lack of Surprise: whidbey: Trump's Russian Protection is ending.

Putin is not happy with the results.

With an outside chance of civil war, why wouldn't he be farking overDeJoyed?

Civil war in his country maybe.

Doubtful. Slavs seem to love a dictator's boot on the back of their neck.

I'd love to see that stereotype blown out, actually.

AnyDayNow.gif


Well somebody's in a contradictory mood today lol.
 
2020-08-20 2:19:21 PM  

BMulligan: Cortez the Killer: BMulligan: OldRod: jollyrancher82: That was quick
* DONALD TRUMP FILES EMERGENCY APPEAL TO DELAY ENFORCEMENT OF MANHATTAN DISTRICT ATTORNEY'S SUBPOENA SEEKING EIGHT YEARS OF HIS TAX RETURNS -- COURT RECORDS@Reuters

- Carl Quintanilla (@carlquintanilla) August 20, 2020

OK, I admit I'm not a law-speaker... but this case was dismissed with prejudice, right?  How can they appeal this?

A dismissal is an appealable final order. If the court of appeals finds that the dismissal was erroneous as a matter of law it will be reversed and the dismissal withdrawn. A party gets one appeal of right to any final order.

So basically, it will be forever until the returns actually hit the hands of someone that can do something. That's what I'm hearing.

No. Given the procedural posture of this case, I would expect the court of appeals to dismiss the appeal promptly, and maybe even deny a request for a stay during the tendency of the appeal if they're feeling extra grumpy.


Well, we can expect Trump to appeal every possible way he can.  He only has to make it another 75 days or so and it's past November 3rd... that's all he cares about
 
2020-08-20 2:22:17 PM  
i.imgur.comView Full Size
 
2020-08-20 2:26:34 PM  
You know who I blame for all this?
Fark user imageView Full Size

That's right, Ruth Bader Ginsburg

You see, there's this thing called "The Gunslinger Rule"
"There is always someone faster."

And sometimes it's a determined 87 year old great-grandmother
Oh yes
 
2020-08-20 2:31:50 PM  
Fark user imageView Full Size
 
2020-08-20 2:40:13 PM  

I am Tom Joad's Complete Lack of Surprise: weddingsinger: Public Call Box: Unfortunately, we the viewing public ain't going to see any of the juicy details.

But a State impaneled grand jury will.

/I'mOKwiththis.jpg

We already know one line of details.

Over decades, Fred Trump illegally paid his children through fake invoices for upkeep or supplies for rental units.

As a side bonus, this allowed them to raise rents on tenants by showing the Housing Authority their "high" costs.

For Donald alone this is estimated to be close to $500,000,000

Question in back: WHY THE FARK DID THEY WAIT SO GODDAMN LONG? I mean, jeeze, when did Daddy Slum Lord die anyway?  Had this been done decades ago, +170K would still be alive and this country NOT in thrall to Putin and Repuglicans imposing FASCISM.


This all flows from two things. Michael Cohen's testimony to Congress accusing Trump of bank and insurance fraud and the NYTimes deep dive into Trump's finances that came about because of Mary Trump giving her lawsuit records to the NYTimes. Yes, Cohen is a scumbag who deserved everything he got, but he actually did us a solid when he flipped on Trump. And Mary actually seems like a quality person. She didn't even know what was in those records until the Times reporters waded through them.
 
2020-08-20 2:51:45 PM  

ox45tallboy: NeedlesslyCanadian: Trump 2016 campaign foreign policy adviser George Papadopoulos: Convicted felon
Trump 2016 deputy campaign manager Rick Gates: Convicted felon
Trump 2016 campaign manager Paul Manafort: Convicted felon
Trump's first National Security Adviser Michael Flynn: Convicted felon
Longtime Trump personal attorney Michael Cohen: Convicted felon
Longtime Trump friend and 2016 campaign agent Roger Stone: Convicted felon
Trump 2016 campaign "chief executive" and former Trump White House Strategist Steve Bannon: Arrested


You guys, I'm starting to think this "Trump" fellow may not be on the up and up.

I think Kellyanne is the only high-level campaign official from 2016 not yet indicted or convicted.


I keep telling people that she's died 25 times already.  You cannot permanently destroy the lich without ALSO destroying the phylactery.  She probably also has a goddamn Dorian Grey painting hidden somewhere that looks like the Toxic Avenger by now.
 
2020-08-20 3:05:21 PM  

dsmith42: I am Tom Joad's Complete Lack of Surprise: weddingsinger: Public Call Box: Unfortunately, we the viewing public ain't going to see any of the juicy details.

But a State impaneled grand jury will.

/I'mOKwiththis.jpg

We already know one line of details.

Over decades, Fred Trump illegally paid his children through fake invoices for upkeep or supplies for rental units.

As a side bonus, this allowed them to raise rents on tenants by showing the Housing Authority their "high" costs.

For Donald alone this is estimated to be close to $500,000,000

Question in back: WHY THE FARK DID THEY WAIT SO GODDAMN LONG? I mean, jeeze, when did Daddy Slum Lord die anyway?  Had this been done decades ago, +170K would still be alive and this country NOT in thrall to Putin and Repuglicans imposing FASCISM.

This all flows from two things. Michael Cohen's testimony to Congress accusing Trump of bank and insurance fraud and the NYTimes deep dive into Trump's finances that came about because of Mary Trump giving her lawsuit records to the NYTimes. Yes, Cohen is a scumbag who deserved everything he got, but he actually did us a solid when he flipped on Trump. And Mary actually seems like a quality person. She didn't even know what was in those records until the Times reporters waded through them.


And Cohens book comes out in a few weeks.
 
2020-08-20 3:11:40 PM  

ZZ9 Plural Z Alpha: Footage from raerae's
[Fark user image image 400x320]


I always figured that the moment would look more like this.

Fark user imageView Full Size
 
2020-08-20 4:00:31 PM  

I am Tom Joad's Complete Lack of Surprise: weddingsinger: Public Call Box: Unfortunately, we the viewing public ain't going to see any of the juicy details.

But a State impaneled grand jury will.

/I'mOKwiththis.jpg

We already know one line of details.

Over decades, Fred Trump illegally paid his children through fake invoices for upkeep or supplies for rental units.

As a side bonus, this allowed them to raise rents on tenants by showing the Housing Authority their "high" costs.

For Donald alone this is estimated to be close to $500,000,000

Question in back: WHY THE FARK DID THEY WAIT SO GODDAMN LONG? I mean, jeeze, when did Daddy Slum Lord die anyway?  Had this been done decades ago, +170K would still be alive and this country NOT in thrall to Putin and Repuglicans imposing FASCISM.


The justice system in America? Deliberately protect poor people from rich white criminals exploiting them?

Welcome to our universe... you may want to sit down. Okay, now draw me out the *complete* plans for the device to take us both to your universe.
 
2020-08-20 5:12:07 PM  
I'd like to see him pay for what he's done, but at this point I really want him to just get the hell out of our office.
 
2020-08-20 5:25:38 PM  

40 degree day: I guess the only question is whether they take Trump away from Biden's inauguration in handcuffs, or do we wait until the next day out of respect?


Respect. LOL.
 
2020-08-20 5:37:11 PM  

TWX: BMulligan: BMulligan: TWX: BMulligan: To clarify, the "with prejudice" part simply means that the prosecutor can't refile the charges unless the dismissal is reversed.

You sure about that?  Doesn't normally such terminology only get applied towards the parties whose claims are denied?

What? I don't understand your question. Simply put, a dismissal without prejudice gives the prosecutor leave to refile, and a dismissal with prejudice does not allow the prosecutor to refile unless and until a higher court says otherwise.

Wait - now I understand my confusion. I've been following so many legal stories today that I've mixed this case up with the Bannon case in my mind ( the weed doesn't help). This, of course, is a civil matter - wherever I typed "prosecutor"read "plaintiff," and where I wrote "charges" read "cause of action." There. All fixed.

Are you referring to Trump's side as the plaintiff, or the defendant?

Because from my 1000' view, he's the defendant, and this legal action was in defense of the state as plaintiff's actions vis-a-vis his records.  For this very specific action he might have done the filing but it seems disingenuous to refer to him as a plaintiff when the overall strategy is one of defense.


No, he's the plaintiff, or more technically the intervenor/movant. The original parties were the state and the bank on whom the subpoena was served. Trump brought suit to enjoin enforcement of the subpoena.
 
2020-08-20 5:39:29 PM  

40 degree day: I guess the only question is whether they take Trump away from Biden's inauguration in handcuffs, or do we wait until the next day out of respect?


Line up Trump, his family, his advisors, everyone of his appointees and acting officials, and every republican politician that protected them and shoot them all in the farkin' head on the white house lawn. They're all traitors. The punishment for traitors is death. And thankfully Trump started up federal executions again so there shouldn't be a problem in killing them all.
 
2020-08-20 5:44:57 PM  

RanHakubi: mrsjdmcd: joyride75: Is it my birthday already?!

Mine IS today. Fifty-five is off to a great start!

Mine was two days ago. Between this and the Banon thing, I'm thinking the universe is giving me a late birthday present.

/Happy Birthday
//Enjoy all the AARP mail coming your way
///But senior discount menu at IHOP, so good with the bad.


Mine was yesterday.  Looks like we got us a convoy.  Ain't she a beauty-full sight?
 
TWX [TotalFark]
2020-08-20 6:11:30 PM  

BMulligan: TWX: BMulligan: BMulligan: TWX: BMulligan: To clarify, the "with prejudice" part simply means that the prosecutor can't refile the charges unless the dismissal is reversed.

You sure about that?  Doesn't normally such terminology only get applied towards the parties whose claims are denied?

What? I don't understand your question. Simply put, a dismissal without prejudice gives the prosecutor leave to refile, and a dismissal with prejudice does not allow the prosecutor to refile unless and until a higher court says otherwise.

Wait - now I understand my confusion. I've been following so many legal stories today that I've mixed this case up with the Bannon case in my mind ( the weed doesn't help). This, of course, is a civil matter - wherever I typed "prosecutor"read "plaintiff," and where I wrote "charges" read "cause of action." There. All fixed.

Are you referring to Trump's side as the plaintiff, or the defendant?

Because from my 1000' view, he's the defendant, and this legal action was in defense of the state as plaintiff's actions vis-a-vis his records.  For this very specific action he might have done the filing but it seems disingenuous to refer to him as a plaintiff when the overall strategy is one of defense.

No, he's the plaintiff, or more technically the intervenor/movant. The original parties were the state and the bank on whom the subpoena was served. Trump brought suit to enjoin enforcement of the subpoena.


Ah.  So your comment on the prejudicial ruling against the plaintiff means a ruling against Trump.
 
2020-08-20 6:25:03 PM  

gilgigamesh: eurotrader: A 103 page order that basically says Trump's arguments have no merit at all and dismissed with prejudice and no leave to amend.

Wow. That's extraordinary.

For you non-law talking guy types, it is customary to give a litigant a chance to amend his pleadings to state a cause of action.  If the order specifically excludes that right, the judge is effectively saying Trump's argument was so flawed and baseless it is all but sanctionable.


I always appreciate when you spell legal shiat out early on in the thread - Thanks!
 
2020-08-20 6:36:10 PM  

Kick The Chair: [Fark user image 639x650]


The sad pic needs to be replaced with one from his return from the Tulsa rally....
 
2020-08-20 9:00:14 PM  

surlyjason: 40 degree day: I guess the only question is whether they take Trump away from Biden's inauguration in handcuffs, or do we wait until the next day out of respect?

Respect. LOL.


Respect for the office of the presidency and the peaceful transfer of power, I meant. Not for Trump, he deserves none.
 
2020-08-20 9:41:40 PM  

iodized attic salt: RanHakubi: mrsjdmcd: joyride75: Is it my birthday already?!

Mine IS today. Fifty-five is off to a great start!

Mine was two days ago. Between this and the Banon thing, I'm thinking the universe is giving me a late birthday present.

/Happy Birthday
//Enjoy all the AARP mail coming your way
///But senior discount menu at IHOP, so good with the bad.

Mine was yesterday.  Looks like we got us a convoy.  Ain't she a beauty-full sight?


Mercy sakes alive
 
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