Posted on 12/14/2023 8:40:46 AM PST by Behind Liberal Lines
Trump argued that he was immune from E. Jean Carroll’s defamation suit because of presidential immunity. This was always a questionable argument: While Carroll sued Trump over statements Trump made while he was president, immunity would require Trump to act in his official capacity as president in claiming that Carroll was making up her story of being sexually assaulted by Trump in the 1990s. The controversy, like Paula Jones’s lawsuit against Bill Clinton, involved an alleged sexual assault that happened before Trump was president, so the argument would have to be that the president’s defense of his personal reputation is definitionally an official act.
But the Second Circuit didn’t even get to the question, because it concluded that Trump waived the immunity defense when his lawyers forgot to include it in filing his answer to Carroll’s complaint and waited three years to ask the court for permission to add the defense to his answer.
The answer to a civil complaint is supposed to include any legal defenses a defendant may assert...Trump’s lawyers, however, didn’t raise presidential immunity until they filed a summary-judgment motion in January 2023, long after removing the case to federal court.
As the appeals court concluded, “Defendant unduly delayed in raising presidential immunity as a defense. Three years passed between Defendant’s answer and his request for leave to amend his answer. A three-year delay is more than enough, under our precedents, to qualify as ‘undue.'” The excuse that Trump had tried to raise related issues was not enough to explain why he had not taken the precaution of actually listing it as one of his defenses. And waiting until the eve of trial to raise it was unfair to Carroll
(Excerpt) Read more at ground.news ...
You have Better People.
It's not a defense. It's a jurisdictional issue. The court lacks power to try the case.
Yeah, New York is terrible and I can’t wait to retire and get out but that doesn’t change the fact he hires crappy people over and over.
Maybe the only choices are crappy people.
Why get involved in politics these days, if you are a person with better options in the private sector?
“The best people.”
David Brock and friends went after any lawyer who helped Trump, filing disbarment actions, op-eds, billboards, etc. Psycho lawfare. A lot of top firms either withdrew from cases or treated anything Trump as radioactive.
It’s awful what they did to him, and are still doing. Look at Stockman, for example. Many, many more.
So don’t mock him, when 1000 Lilliputians keep scoring cuts every day. He’s doing the best he can, with what he has.
Wonder how many workers your local McDonald's could hire if the prospective workers knew that there were organized groups allied with national Media just waiting to destroy their lives and the lives of their families if they dared walk in the door for the first shift?
Hmmmmmmmmmm?
Why does he always hire the worst lawyers?
Exactly. You can raise Jurisdiction at any time, before, during or after trial. It is never waived.
It was always difficult to believe that she was raped in a store during business hours and no one else noticed.
Sort of like the other story that he raped a woman on an airliner in flight and no one noticed.
“A three-year delay is more than enough, under our precedents, to qualify as ‘undue.’”
but a claim of abuse from 30 years ago, with no evidence or even a clear date is valid?
When our PDJT, The GOAT, gets back in, it’s gonna be Epic.
It’s not gonna be Vengeance, it’s gonna be Retribution.
Also it’s difficult to provide an alibi when the accuser can’t tell you when it happened.
Trump’s failure to select great people strikes again.
“But the Second Circuit didn’t even get to the question, because it concluded that Trump waived the immunity defense when his lawyers forgot to include it in filing his answer to Carroll’s complaint and waited three years to ask the court for permission to add the defense to his answer.”
Lawyers of that caliber don’t “forget” stuff like that. It was a deliberate betrayal.
And where is he supposed to get lawyers when the leftists keep throwing lawyers in jail? Good grief if you can’t keep up with what’s happening stop posting until you catch up. You are embarrassing yourself….and us.
“Trump’s failure to select great people strikes again.”
Which brings to mind the question. How does one successfully and consistently manage to choose only loyal people? Situations change. Bribes and threats are made. Corruption seeps in. And only God knows the heart and mind of man. I would rethink blaming Trump for choosing snakes in this era of snake-ridden politics. Look how many GOPers we have voted for and supported that have betrayed (and still are betraying) those of us that chose them to represent us.
Who wants to get into the arena these days, knowing that anyone who opposes the Deep State will be harassed, along with their families. Why bother?
So he’s stuck with what he can get.
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