LIVE THREAD BREAKING...Trump Indicted

[roamer_1]

That's just it @roamer the judge and those in Manhattan hate Trump so they are very biased -- charges are weak and listening to other lawyers the case would normally be thrown out.  They are out to prevent him from running again period and they are going to do whatever it takes to do so.

Well, sure. I believe it is bullshit, just by the indictment. The whole thing is nonsense. And if this judge allows the railroading, then the appeal gets him out of NYC and into the state courts... Where I believe it will fare way differently.

If you get a chance listen to Trump's speech last night at Mar a Lago -- it explains a lot.

I will not. I don't need to listen to his bullshit anymore than I need to listen to theirs.

[roamer_1]

Where is the specific federal law that gives him access to federal court?

Beats me. I ain't a lawyer.

[libertybele]

Well, sure. I believe it is bullshit, just by the indictment. The whole thing is nonsense. And if this judge allows the railroading, then the appeal gets him out of NYC and into the state courts... Where I believe it will fare way differently.

I will not. I don't need to listen to his bullshit anymore than I need to listen to theirs.

Ok then.   

[Kamaji]

A litigant who loses in a federal court of appeals, or in the highest court of a state, may file a petition for a "writ of certiorari," which is a document asking the Supreme Court to review the case. The Supreme Court, however, does not have to grant review.

Yes, but there must be a constitutional basis under which the Supreme Court would exercise jurisdiction.  That means that there has to be some federal constitutional or legal basis to appeal to the Supreme Court from a state court decision.  In this case, it appears that Bragg is proceeding on the basis of NY state law alone - the false business records statute and, most likely, the NY election laws regarding contribution limits for the underlying crime which was supposedly covered up by the making of the false business records.  In which case, there would be no federal basis for an appeal from the NY Court of Appeals (the highest court in NY) to the Supreme Court, unless there is a constitutional right that is being infringed upon, and even then, that right must have been raised at the earliest opportunity possible in the state court proceedings.

[libertybele]

Yes, but there must be a constitutional basis under which the Supreme Court would exercise jurisdiction.  That means that there has to be some federal constitutional or legal basis to appeal to the Supreme Court from a state court decision.  In this case, it appears that Bragg is proceeding on the basis of NY state law alone - the false business records statute and, most likely, the NY election laws regarding contribution limits for the underlying crime which was supposedly covered up by the making of the false business records.  In which case, there would be no federal basis for an appeal from the NY Court of Appeals (the highest court in NY) to the Supreme Court, unless there is a constitutional right that is being infringed upon, and even then, that right must have been raised at the earliest opportunity possible in the state court proceedings.

Well, @Kamaji obviously you have some sort of legal background, I have none and it becomes confusing trying to wade through the information and disinformation on the internet.

[bigheadfred]

There is a fairly informative article at Vox. I would link it but that is beyond me on my tablet.

The headline:  The dubious legal theory at the heart of the Trump indictment, explained.

[catfish1957]

There is a fairly informative article at Vox. I would link it but that is beyond me on my tablet.

The headline:  The dubious legal theory at the heart of the Trump indictment, explained.

https://www.vox.com/politics/2023/4/4/23648390/trump-indictment-supreme-court-stormy-daniels-manhattan-alvin-bragg

[bigheadfred]

Thanks,  @catfish1957.

[Kamaji]

I hope someone reported this guy to the SS

DC’s ‘Blue Beetle’ Director Tweets Then Deletes Post Wishing for Donald Trump Assassination

The Warner Bros. DC universe of comic book movies is about to welcome the opening of “Blue Beetle” but fans are not welcoming a tweet by the film’s director, Ángel Manuel Soto, who said he hopes Donald Trump is assassinated like President Abraham Lincoln.

https://www.breitbart.com/entertainment/2023/04/05/dcs-blue-beetle-director-tweets-then-deletes-post-wishing-for-donald-trump-assassination/

He's not the only one.  I've seen various posts and tweets about how the speaker wishes Trump would end up the way Lincoln ended up.

[Kamaji]

Well, @Kamaji obviously you have some sort of legal background, I have none and it becomes confusing trying to wade through the information and disinformation on the internet.

I've had to do close readings before, and I'm a bit of an obsessive sometimes, so I can work my way through the nonsense.  I also have some, shall we say, more "personal" experience with these matters in the NY court system.

It is confusing, overall, however.

[libertybele]

There is a fairly informative article at Vox. I would link it but that is beyond me on my tablet.

The headline:  The dubious legal theory at the heart of the Trump indictment, explained.

Here it is from Vox:

https://www.vox.com/politics/2023/4/4/23648390/trump-indictment-supreme-court-stormy-daniels-manhattan-alvin-bragg

[bigheadfred]

Here it is from Vox:

https://www.vox.com/politics/2023/4/4/23648390/trump-indictment-supreme-court-stormy-daniels-manhattan-alvin-bragg

Thanks, @libertybele

I thought the article is worth the read.

[libertybele]

Thanks, @libertybele

I thought the article is worth the read.

No problem. 

I am on my desktop.  I don't know how to 'link' with my tablet either. 

[sneakypete]

Where's the self interest in living in a violent, crime infested hellhole?

@Weird Tolkienish Figure

You and your homies are allowed to wander freely,committing all sorts of crimes,while getting free food,housing,medical care,utilities,food,and clothing for you and your illigimitate offsprungs while waiting for your gooberment  checks to come in.

In a JUST society,the criminals I described above would still get all that,but would be in prison while it happened,or depending on the severity of their crimes,awaiting a quit execution.

[sneakypete]

Maybe the Stormy Daniels episode still has her a bit pissed.  Her lack of being there may imply the Donald did indeed have an affair....more than likely several....

@mrpotatohead

@mystery-ak

Or maybe she just had something else she needed to do or somewhere else she needed to be.

After all,they are married,not joined at the hip.

[sneakypete]

Gee, maybe the candidate's flawed?

@LMAO

@Right_in_Virginia

EVERYTHING, including original sin is Trump's fault.

On top of that,he is wealthy,orange,and rude!

Whut murika rilly needs iz anuthor Bush!

Try to keep  up.

[sneakypete]

Fair enough

He could lose his law license for malpractice.

And who do you think the voters of New York City would replace him  with? Look what the voters in Chicago replaced Lori Lightfoot with.

@LMAO

It almost boggles the imagination that the Dims could find someone dumber than her.

It's like a race to the bottom.

[LMAO]

@LMAO

@Right_in_Virginia

EVERYTHING, including original sin is Trump's fault.

On top of that,he is wealthy,orange,and rude!

Whut murika rilly needs iz anuthor Bush!

Try to keep  up.

Huh???

Do you even know what we’re talking about or are you just reacting emotionally to a post?

Why don’t you add something substantive to the conversation besides rude, orange, rich, or Bush?

[sneakypete]

ABC’s Hostin: Trump Will Likely Serve Time in Jail for Manhattan Case

ABC legal analyst Sunny Hostin told her co-hosts Wednesday on ABC’s “The View” that former President Donald Trump will likely serve time in prison as a result of the case brought by Manhattan District Attorney Alvin Bragg.

https://www.breitbart.com/clips/2023/04/05/abcs-hostin-trump-will-likely-serve-time-in-jail-for-manhattan-case/

@mystery-ak

Just telling the dummies what they want to hear so they will pay her to come back again.

[sneakypete]

American women complain, "No one wants to date anymore?" "Nobody wants to get married anymore!?"
After ME TOO and the Trump Circus, I cannot foresee any successful male having anything to do with any female.
If you are a millionaire (and especially billionaire), no pictures, no dates, no elevator, no nothing with any female.
I am not in a 'high status' success group and even I look at every female as a landmine, to be avoided with caution.
Even if the woman is the sexual aggressor, you always have to wonder if it is a setup.
I cannot imagine how all of this is going to end for women in America?

@240B

Does this mean you are going to change your user name to "Me so horny!"?

[sneakypete]

Huh???

Do you even know what we’re talking about or are you just reacting emotionally to a post?

Why don’t you add something substantive to the conversation besides rude, orange, rich, or Bush?

@LMAO

What,and make fun of your faith?

[LMAO]

@LMAO

What,and make fun of your faith?

This doesn’t make sense

[Kamaji]

Here it is from Vox:

https://www.vox.com/politics/2023/4/4/23648390/trump-indictment-supreme-court-stormy-daniels-manhattan-alvin-bragg

It's an interesting article, but I think it may have missed the underlying crime Bragg intends to allege as the basis for converting a misdemeanor false business records offense into a felony offense.  Specifically, under NY Election Law § 14-126(5), it is a Class A misdemeanor for a person to "knowingly and willfully" make or accept contributions in excess of the contribution limits imposed under Art. 14 of the NY Election Law.

That, to my mind, explains why that statement of facts went into such detail to specify that the actions taken by Cohen and American Media, including in particular the payments to the ladies, took place prior to the election, and the repayment, if any, only took place after the election was over (I believe that American Media ultimately refused to accept reimbursement for the amounts it paid out).

Since the payments do not appear to have been papered as loans to the Trump campaign, Bragg will almost certainly try to argue that they were political campaign contributions that exceeded the limits, and that way in which the reimbursements were treated as legal expenses - from Cohen issuing invoices for legal services, to the general ledger and check memo lines stating that the payments were for legal services, which would not be subject to the campaign contribution limits, a means of covering up the fact that the initial payments were, in substance, contributions to Trump.

Furthermore, even if the original payments are cast as "loans", NY Election Law § 14-114(6) treats a loan that is not repaid by the date of the primary or election to which it relates, as a "contribution".

Thus, since the payments in this case took place after the 2016 presidential election, those initial payments by Cohen and American Media would be recast as contributions for the purposes of the NY election laws, and since those amounts definitely exceeded the contribution limits, the making of the payment is probably a violation of the NY election law and punishable as a Class A misdemeanor.

[240B]

@240B

Does this mean you are going to change your user name to "Me so horny!"?

Far past the point of being 'horny', maybe once in a while after a few months and it does not last long.
That's for the younger guys. And they are all turning to one-time prostitutes.

No prostitute is as expensive as a divorce losing half your stuff followed by 20 years of payments.
If you only go out a couple of times a month, better to use Uber than to buy a car of your own.

Only a fool would not take this stuff seriously. With what is going on these days, you have to be paranoid.
It is not 1950 anymore.

[sneakypete]

Far past the point of being 'horny', maybe once in a while after a few months and it does not last long.
That's for the younger guys. And they are all turning to one-time prostitutes.

No prostitute is as expensive as a divorce losing half your stuff followed by 20 years of payments.
If you only go out a couple of times a month, better to use Uber than to buy a car of your own.

Only a fool would not take this stuff seriously.

@240B

Has there ever been a time when you didn't need to  be paranoid? Ozzie and Harriet was a real  family,but what we saw was the tv version.

It is not 1950 anymore.

I am guessing being paranoid in 1950 was a smart move to make,too.

Things started changing in the early 40's. Most people no longer seemed to see marriage as a life-long committment  requiring them both  to make compromises.

Nowadays,it really does seem to be a case of "ME FIRST,me,me,ME,DAMMIT!"

Which,in reality,is a super highway to divorce. I don't give a damn WHO you are,there are going to be days when you HAVE to admit to being wrong even if you don't think you are,in order to continue to live in peace.

This,of course,only works if you are both willing to do that.

Life ain't perfect,and neither are any of us.

Well,ME,maybe,when I am having a good day.