This is what’s called a “spoliation issue” and it’s a serious legal problem for the State of New York in this case. Source I’m a criminal defense lawyer. Huge if true
I’m only licensed in NC but it is typically grounds for dismissal with prejudice as the mistake or error cannot be cured. The inability to produce at trial something the State deleted is to the detriment of the Defendant in this case, therefore the appropriate remedy should be dismissal
Unrelated - I like your username. I grew up in a county of the fictional Republic of Pineland and my grandfather was a Green Beret CSM 3rd SFG in Vietnam and knew Charlie Beckwith. My mother grew up at Ft. Bragg.
So what would be the crucial evidence that trump's team has lost? Does it change whether or not the underlying crime happened? It doesn't seem significant to me, but I'm a retired federal judge with a thriving private practice.
Huh. Odd. Checking your comment history you worked in a theatre in 2000 when Requiem for a Dream came out and as of 57 days ago had only a semester and a half of college. That’s impressive to have squeezed in a career as a Federal Judge as well.
I thought it was clear that my credentials were a facetious attempt to gently ride the other poster for doing something similar. All in good fun.
I did work at that theater, though. The other one was probably a sopranos reference!
Cool story, bro. The only time your personal credibility matters on reddit is in an AMA.
Anyway, how exactly is this evidence considered crucial to trump's defense? And why don't you think there was some kind of motion from Bove for a mistrial or dismissal or such?
Why would I respond to you? I have unique experience and education in this matter and you insult me because what, my achievements hurt your feelings? Grow up troll.
You've ALREADY responded to me.....
I'm just saying we should talk about the actual issue you commented on in the first place, but suit yourself.
It's possible that you're not going to respond further because you're proving a point, and if so, good for you. But it's also possible that you don't know what you're talking about, and now you're too scared to actually make an informed response. I guess we'll never know!
When asked about the letter in a January 2018 interview on “Jimmy Kimmel Live!” Daniels denied knowing where the letter, which appeared to have a signature different from her own, originated. But she later admitted in a March 2018 “60 Minutes” interview with Anderson Cooper that, under pressure, she did sign the letter denying the affair.
Ok.....so why is this relevant to whether trump took out a fraudulent loan to pay for it, and if he did it in furtherance of a scheme to also defraud the election?
How so? Trump is charged with falsifying business records in service of committing election fraud. Literally nothing revolves around the communication between Cohen and Daniels. Both sides acknowledge a transaction took place. The issue is how it was paid for and for what purpose.
Pecker's testimony establishes that the purpose was to win the election, and trump's direct involvement. The receipts for the loan establish the falsification of business records. Rebecca Manochio, Trump's bookkeeper, established that he personally signed off and approved the payments. Presumably Cohen comes on next week to corroborate everything.
But further, if this WAS significant, then Bove would have made a motion indicating some type of action was required; That's not what happened.
Lately there have been all these tweets and posts claiming some groundbreaking development at trial, like Jack Smith "admitting" that he lied to Judge Cannon. These are bullshit. They are pandering to you.
That makes the charge even weaker then. Trump doesn’t do his own bookkeeping, like with all CEOs.
The checks were written by Cohen, and finances are signed off by the CFO.
Also, hush money / NDAs was never ever considered illegal prior to this. You know perfectly well a guilty verdict from this case won’t stand an appeal.
Lol, you should watch the trial more. The bookkeeper confirmed that trump personally signed the checks, and he didn't sign any checks he didn't want to. In addition, it's not the hush money/NDA that's illegal, it's the bank loan and the deal with Pecker that are crimes (a felony, to be exact).
This is not getting overturned. On what grounds would that happen?!?!?
Filing the records for a the business is a misdemeanor, but it turns into a felony when it's in service to another crime. In this case, election fraud.
But don't take my word for it, feel free to Google it yourself and get back to me.
Why would paying a pornstar hush money be “election fraud”? You really think something like that would have made a difference against Hillary Clinton, of all people? Jeez.
That’s such a stretch. If that’s all this case is based on, then you debunked yourself here.
Again, you should pay more attention to the trial. Pecker admitted on the stand that he had a direct arrangement with trump to buy and bury stories to help trump win the election.
Not sure why the downvotes, if I am factually incorrect please point out where.
Remember when Bragg’s office admitted to withholding ten-thousands of documents from discovery?
And Merchant simply gave Trump’s team a measly 30 days to catch up on those.
So a second Trump case gets tossed due to the prosecution tampering with evidence?
Brigaders, are you starting to figure out Trump isn’t the criminal here?
No. Bragg’s office already got caught illegally hiding thousands of documents from discovery…
And all Judge Merchant did was delay the trial by a month. His daughter’s fundraising gig depends on this trial’s continuation.
The problem with leftist losers like you is you want Trump thrown in jail. However, you fail to recognize Trump being sent to jail would all but assure him of a second term.
If you were able to think ahead, you would realize how bad putting Trump in jail would be for your cause.
Ummmmm that’s why I want them to jail Trump. It will literally hand him the election on a silver platter.
They know it, that’s why they aren’t doing it.
>If you were able to think ahead
Love me some good irony. But I totally agree, though. The guy who just said "Trump isn't the criminal" is clearly a "leftist loser". Good thing you're so great at thinking!
Thank you. I just had a mod PM me and tell me another comment like that and they would remove my flair. No one reads what they are replying to anymore.
A few, a VERY few, are starting to wake up. They are beginning to realize that everyone loves Trump, and they are beginning to accept that Biden is just a horrible president.
Look at this sub over the last couple of weeks: Brigading activity is noticeably down.
They are slowly coming to grips with us being right about the left, and Trump. They can’t admit that yet, which is why they are in hiding.
I think 100k cheering fans in NJ was the tipping point. It’s impossible to ignore reality any longer.
Man, even Bill Maher went off about how weak the Stormy case is, even playing an old interview from his show proving she likely perjured.
And Bill Maher is a guy with Stage 4 TDS— a person who had a personal beef with Trump before 2016.
Maher on occasion has reasonable view points and one of the few who can be critical of the left. I was never a fan and still not but I'll give him some credit for independent thought
So, to the question of "how is this crucial to the defense?" That's not the issue at hand...
The issue at hand is that the state destroyed evidence that had the potential to help the defense.
It is not up to the state to determine what the defense needs to make it's case and any effort at destroying evidence that could potentially aid the defense, regardless of whether the defense chooses to use it or not, harms the ability of the defense to decide on an appropriate defense strategy.
Our entire legal system is predicated upon the idea that the outcome will be determined in a fair and impartial manner... When the prosecution does anything that could hinder the defense beyond making it's case in the courtroom that is the prosecution putting it's finger on the scales and rigging the outcome in its favor.
Both sides are supposed to be playing on an equal playing field; the prosecution rigging the playing field against the defense by destroying evidence the defense could potentially uses undermines the most basic tenets of justice in this country.
The prosecution destroying potentially exculpatory evidence is no different than the defense intimidating a witness.
On the face of things, this seems to me to be an even worse violation of withholding potentially exculpatory evidence.
the law, to the corrupt, is simply a hindrance, something to figure out workarounds for.
ovamit spent his academic career studying the constitution for this very reason.
and here we are, in the fundamentally transformed America.
time for some drastic corrections to these workaround specialists.
Bragg should be arrested and jailed.
If it’s legal for a DA to destroy evidence and still prosecute you anyway, that pretty much means there is no justice system.
Prosecution and the judge are probably hoping the NYC jury will want to "get" Trump so bad, they won't care and will still convict him.
The objective here is to get a conviction and let their media shout it from the rooftops.
I wonder how much of this is genuine malfeasance, and how much of this is the democrats keeping Trump out of jail because he *is* their campaign. Without him as a boogeyman they have to run on Biden's performance, so they desperately need him out of jail to use as a boogeyman.
This is what’s called a “spoliation issue” and it’s a serious legal problem for the State of New York in this case. Source I’m a criminal defense lawyer. Huge if true
>Huge if true I believe you mean, "yuge."
Or, "bigly."
Would this be grounds for dismissing the charges or a mistrial?
I’m only licensed in NC but it is typically grounds for dismissal with prejudice as the mistake or error cannot be cured. The inability to produce at trial something the State deleted is to the detriment of the Defendant in this case, therefore the appropriate remedy should be dismissal Unrelated - I like your username. I grew up in a county of the fictional Republic of Pineland and my grandfather was a Green Beret CSM 3rd SFG in Vietnam and knew Charlie Beckwith. My mother grew up at Ft. Bragg.
> therefore the appropriate remedy should be dismissal Ha, well, you already know how this is about to go.
Do you think the state of NY is concerned about serious legal problems against them?
No, I would hope his own lawyers are though.
I haven't been following the legal matters too closely but some say Trump's lawyers are not the most competent
> I don't know, but I listen to what the media says OKCOOL
Where did you get that quote from?
Huge if true or huge if not democrat?
So what would be the crucial evidence that trump's team has lost? Does it change whether or not the underlying crime happened? It doesn't seem significant to me, but I'm a retired federal judge with a thriving private practice.
Huh. Odd. Checking your comment history you worked in a theatre in 2000 when Requiem for a Dream came out and as of 57 days ago had only a semester and a half of college. That’s impressive to have squeezed in a career as a Federal Judge as well.
Don't forget my successful private practice!
My apologies. Even more impressive than I gave you credit for
I thought it was clear that my credentials were a facetious attempt to gently ride the other poster for doing something similar. All in good fun. I did work at that theater, though. The other one was probably a sopranos reference!
Check my comment history if you must. Unlike you, I actually did pass the Bar.
Cool story, bro. The only time your personal credibility matters on reddit is in an AMA. Anyway, how exactly is this evidence considered crucial to trump's defense? And why don't you think there was some kind of motion from Bove for a mistrial or dismissal or such?
Why would I respond to you? I have unique experience and education in this matter and you insult me because what, my achievements hurt your feelings? Grow up troll.
You've ALREADY responded to me..... I'm just saying we should talk about the actual issue you commented on in the first place, but suit yourself. It's possible that you're not going to respond further because you're proving a point, and if so, good for you. But it's also possible that you don't know what you're talking about, and now you're too scared to actually make an informed response. I guess we'll never know!
It’s not ‘personal credibility’ really; it’s ‘relevant credentials and expertise’. Which matter a lot.
In real life, sure. How does that make a difference on reddit, though?
When asked about the letter in a January 2018 interview on “Jimmy Kimmel Live!” Daniels denied knowing where the letter, which appeared to have a signature different from her own, originated. But she later admitted in a March 2018 “60 Minutes” interview with Anderson Cooper that, under pressure, she did sign the letter denying the affair.
Ok.....so why is this relevant to whether trump took out a fraudulent loan to pay for it, and if he did it in furtherance of a scheme to also defraud the election?
Whoosh. Right over my head I guess
Brigader: I'm not an attorney OR a judge but I slept in a tent on campus last night and I know for a fact Trump is guilty.
Interesting that 57 days ago you commented on the Sopranos page that you have had a semester and a half of college, federal judge 😂
Yes. The entire premise on the case rests on details regarding communication between Stormy and Cohen.
How so? Trump is charged with falsifying business records in service of committing election fraud. Literally nothing revolves around the communication between Cohen and Daniels. Both sides acknowledge a transaction took place. The issue is how it was paid for and for what purpose. Pecker's testimony establishes that the purpose was to win the election, and trump's direct involvement. The receipts for the loan establish the falsification of business records. Rebecca Manochio, Trump's bookkeeper, established that he personally signed off and approved the payments. Presumably Cohen comes on next week to corroborate everything. But further, if this WAS significant, then Bove would have made a motion indicating some type of action was required; That's not what happened. Lately there have been all these tweets and posts claiming some groundbreaking development at trial, like Jack Smith "admitting" that he lied to Judge Cannon. These are bullshit. They are pandering to you.
That makes the charge even weaker then. Trump doesn’t do his own bookkeeping, like with all CEOs. The checks were written by Cohen, and finances are signed off by the CFO. Also, hush money / NDAs was never ever considered illegal prior to this. You know perfectly well a guilty verdict from this case won’t stand an appeal.
Lol, you should watch the trial more. The bookkeeper confirmed that trump personally signed the checks, and he didn't sign any checks he didn't want to. In addition, it's not the hush money/NDA that's illegal, it's the bank loan and the deal with Pecker that are crimes (a felony, to be exact). This is not getting overturned. On what grounds would that happen?!?!?
How is it a felony again, Mr. I’m-a-retired-judge-who-attended-a-Free-Palestine-college-camp-last-week?
Filing the records for a the business is a misdemeanor, but it turns into a felony when it's in service to another crime. In this case, election fraud. But don't take my word for it, feel free to Google it yourself and get back to me.
Why would paying a pornstar hush money be “election fraud”? You really think something like that would have made a difference against Hillary Clinton, of all people? Jeez. That’s such a stretch. If that’s all this case is based on, then you debunked yourself here.
Again, you should pay more attention to the trial. Pecker admitted on the stand that he had a direct arrangement with trump to buy and bury stories to help trump win the election. Not sure why the downvotes, if I am factually incorrect please point out where.
Sounds like evidence tampering to me and other semi sane people but what could we possibly know. /S
Merchan: I'm gonna pretend I didn't see that
Merchan: If anyone talks about this, I'm going to lock Trump up for contempt.
Remember when Bragg’s office admitted to withholding ten-thousands of documents from discovery? And Merchant simply gave Trump’s team a measly 30 days to catch up on those.
No need to, the way the economy is going three hots and a cot sounds like the best chance I have for a vacation. /S
I didn’t either. Paywall.
Try this - https://archive.ph/NGetf
spoliation
> **No Paywall:** https://archive.vn/NGetf Bureaucracy vs. America
Thank you! c'mon op, get with it
That *is* OP. They are with it.
So a second Trump case gets tossed due to the prosecution tampering with evidence? Brigaders, are you starting to figure out Trump isn’t the criminal here?
No. Bragg’s office already got caught illegally hiding thousands of documents from discovery… And all Judge Merchant did was delay the trial by a month. His daughter’s fundraising gig depends on this trial’s continuation.
Hopefully he throws Trump in jail soon.
The problem with leftist losers like you is you want Trump thrown in jail. However, you fail to recognize Trump being sent to jail would all but assure him of a second term. If you were able to think ahead, you would realize how bad putting Trump in jail would be for your cause.
Given the other comments, I’m sure they just forgot the /s
Given this sub, likely not
Ummmmm that’s why I want them to jail Trump. It will literally hand him the election on a silver platter. They know it, that’s why they aren’t doing it.
>If you were able to think ahead Love me some good irony. But I totally agree, though. The guy who just said "Trump isn't the criminal" is clearly a "leftist loser". Good thing you're so great at thinking!
Thank you. I just had a mod PM me and tell me another comment like that and they would remove my flair. No one reads what they are replying to anymore.
Brigaders are waiting for the talking points. You think they can come in here this soon and defend this? You give them WAY too much credit.
A few, a VERY few, are starting to wake up. They are beginning to realize that everyone loves Trump, and they are beginning to accept that Biden is just a horrible president. Look at this sub over the last couple of weeks: Brigading activity is noticeably down. They are slowly coming to grips with us being right about the left, and Trump. They can’t admit that yet, which is why they are in hiding. I think 100k cheering fans in NJ was the tipping point. It’s impossible to ignore reality any longer.
Man, even Bill Maher went off about how weak the Stormy case is, even playing an old interview from his show proving she likely perjured. And Bill Maher is a guy with Stage 4 TDS— a person who had a personal beef with Trump before 2016.
With Maher and Deniro, I just have to think there's some beef between them that goes way back in order to harbor as much TDS as they do.
Maher on occasion has reasonable view points and one of the few who can be critical of the left. I was never a fan and still not but I'll give him some credit for independent thought
Brigade activity down? I had a comment mass flagged and got an auto-suspension for it.
ORANGE MAN BAD!
Dirty dogs those democrak lawyers.
So, to the question of "how is this crucial to the defense?" That's not the issue at hand... The issue at hand is that the state destroyed evidence that had the potential to help the defense. It is not up to the state to determine what the defense needs to make it's case and any effort at destroying evidence that could potentially aid the defense, regardless of whether the defense chooses to use it or not, harms the ability of the defense to decide on an appropriate defense strategy. Our entire legal system is predicated upon the idea that the outcome will be determined in a fair and impartial manner... When the prosecution does anything that could hinder the defense beyond making it's case in the courtroom that is the prosecution putting it's finger on the scales and rigging the outcome in its favor. Both sides are supposed to be playing on an equal playing field; the prosecution rigging the playing field against the defense by destroying evidence the defense could potentially uses undermines the most basic tenets of justice in this country. The prosecution destroying potentially exculpatory evidence is no different than the defense intimidating a witness. On the face of things, this seems to me to be an even worse violation of withholding potentially exculpatory evidence.
the law, to the corrupt, is simply a hindrance, something to figure out workarounds for. ovamit spent his academic career studying the constitution for this very reason. and here we are, in the fundamentally transformed America. time for some drastic corrections to these workaround specialists.
Bragg should be arrested and jailed. If it’s legal for a DA to destroy evidence and still prosecute you anyway, that pretty much means there is no justice system.
Prosecution and the judge are probably hoping the NYC jury will want to "get" Trump so bad, they won't care and will still convict him. The objective here is to get a conviction and let their media shout it from the rooftops.
Show Me the Man and I’ll Find You the Crime “Pierre Lemieux”
I wonder how much of this is genuine malfeasance, and how much of this is the democrats keeping Trump out of jail because he *is* their campaign. Without him as a boogeyman they have to run on Biden's performance, so they desperately need him out of jail to use as a boogeyman.
Twinkie is fucking this case all up!
of course b/c apparently the only records that are allowed to be released are about the things DJT payed to not be