What will Monday’s Trump trial bring?

On Monday, April 15th, the criminal trial involving 34 felony charges against serial sex offender Donald Trump (SSAT) for the payment of hush money to Stormy Daniels is scheduled to begin. Since it is a criminal trial, SSAT is required to be present during it, unlike in the case of the previous civil trials involving the fraud case brought by New York attorney general Letitia James and the two brought by E. Jean Carroll which he chose to sometimes attend, mainly to vent his spleen to the media outside the courthouse.

SSAT has been trying his mightiest to get this next trial, like all his trials, postponed since his entire legal strategy is to avoid any conviction before the election on November 5th in the hope that he wins and can thus shut down all prosecutions. With his federal cases, he can simply order his attorney general to drop them. With the state trials, it is a little more complicated but he could argue that as a sitting president, he has some kind of immunity and that the trials should not go ahead until he leaves office. He is already arguing that, in the federal case over his handling of confidential documents, he has immunity and the US Supreme Court is going to hear that case and will not rule on it until June or July.
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Anthony Comstock should be made the face of the Republican party

It has become increasingly clear that there is a Republican war on sex and that Anthony Comstock has become their flag bearer.

Who is this Comstock, you ask? He is a 19th century anti-vice campaigner who “was dedicated to upholding Christian morality [and] opposed obscene literature, abortion, contraception, masturbation, gambling, prostitution, and patent medicine”. There is a law named after him that is still on the books that reflects his anti-sex views. The Comstock Law was referred to by the two most extreme members of the US Supreme Court Samuel Alito and Clarence Thomas during oral arguments on the legality of women accessing by mail the abortion-terminating drug mifepristone that can be used for abortions.

Rebecca Solnit makes a convincing case that the Republican party has become a full-fledged anti-sex movement that is following in the footsteps of Comstock.
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Trump posts bond, gets a stricter gag order

Serial sex abuser Donald Trump (SSAT) has managed to post the reduced $175 million bond set for him by a panel of the appellate court.

According to a court filing, the $175 million bond he and the other defendants posted Monday was provided by Los Angeles-based Knight Insurance Group. The filing didn’t specify which assets Trump used as collateral for the bond.

Knight’s president, Amit Shah, didn’t immediately respond to an email seeking information about the collateral.

Here is some information about the company that paid the bond. It is also not clear what fee the company charged SSAT.

Meanwhile Juan Merchan, the judge overseeing the hush money criminal trial that is due to start in New York City on April 15th, has stiffened the gag order barring SSAT from attacking people after he attacked the judge’s daughter.
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Woman charged with murder over abortion sues prosecutors

In Texas a woman who was charged with murder for self-managing an abortion, and spent two nights in jail before the charge was dropped, is now suing the prosecutors for $1 million.

The lawsuit filed by Lizelle Gonzalez in federal court Thursday comes a month after the state bar of Texas fined and disciplined the district attorney in rural Starr county over the case in 2022, when Gonzalez was charged with murder in “the death of an individual by self-induced abortion”.

Under the abortion restrictions in Texas and other states, women who seek abortions are exempt from criminal charges.

The lawsuit argues Gonzalez suffered harm from the arrest and subsequent media coverage. She is seeking $1m in damages.
…

According to the lawsuit, Gonzalez was 19 weeks pregnant when she used misoprostol, one of two drugs used in medication abortions. Misoprostol is also used to treat stomach ulcers.

After taking the pills, Gonzalez received an obstetrical examination at a hospital emergency room and was discharged with abdominal pain. She returned with bleeding the next day and an exam found no fetal heartbeat. Doctors performed a caesarian section to deliver a stillborn baby.

The lawsuit argues that the hospital violated the patient’s privacy rights when they reported the abortion to the district attorney’s office, which then carried out its own investigation and produced a murder charge against Gonzalez.

Cecilia Garza, an attorney for Gonzalez, said prosecutors pursued an indictment despite knowing that a woman receiving an abortion is exempted from a murder charge by state law.

Prosecutors would had to have known that even in Texas, women could not be charged for receiving an abortion but they decided on charging her with murder anyway, in what seems like a purely vindictive effort to frighten other women who may seek to terminate their pregnancies using legal medications.

Trump gets good and bad legal news

The good news for serial sex abuser Donald Trump (SSAT) is that a panel of New York state appeals court judges has agreed to a reduction in the bond that he has to pay in his appeal of the civil fraud judgment obtained by state attorney general Letitia James to $175 million, and given him ten days to come up with the money. The original amount of $454 million plus interest was due today and SSAT’s lawyers had said that he could not pay it. This allows the appeal to go ahead once he pays this reduced amount but he will still have to pay the full amount if his appeal fails. The appeals process could take several months.

The bad news for him is that the judge overseeing the criminal case involving his hush money payments to Stormy Daniels has rejected his appeal for further delays and has scheduled the trial to begin on April 15th with jury selection. The original trial date was set to begin earlier this month and Manhattan district attorney Alvin Bragg had already agreed to a one month delay due to new documents surfacing.
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Judicial body calls a halt to judge shopping

Big legal news occurred recently that did not receive the widespread coverage that I thought it deserved. One of the quirks of the legal system in the US is that it is possible for a federal judge in one local jurisdiction to make rulings that apply nationwide. Furthermore, in some instances, a case can be filed in a any jurisdiction. This has resulted in what has come to be known as ‘judge shopping’, where people look around to see if they can find a judge who will be sympathetic to their case and file their case in that jurisdiction.

One safeguard against abuse of the system is that there are 94 federal districts in the country with multiple judges in each and when a case is filed in them, it is assigned randomly to a judge in that district, so you are not guaranteed to get the judge you want. But in the case of Texas (of course!), each district is split up into smaller divisions and in some divisions there is only one judge, so that any case filed in that division will be sure to be heard by that judge.

Enter Matthew Kacsmaryk. He is is the only federal trial judge in Amarillo, Texas. Any case filed in Amarillo automatically goes before him. He is a Trump appointee who is an advocate of the Christian right and makes no bones about ruling in the most extreme way in favor of his ideology. He has been the go-to judge for anti-abortion advocates and other rightwing zealots.
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The GOP ties itself up in knots over Alabama IVF ruling

After the Alabama supreme court ruled that embryos are children and deserve all the protections that children are entitled to, IVF clinics in the state began to stop providing IVF services because of fears that if any embryo were to be destroyed (which is done routinely with embryos that are no longer needed), they could be culpable.

The ruling has caused an uproar because IVF treatments have broad support. So the state legislature rushed to pass a law to protect IVF doctors and parents from any legal repercussions. But apparently the law is pretty tortured in its reasoning.

The enacted legislation doesn’t define or clarify whether under state law frozen embryos created via IVF have the same rights as children. Rather, the narrowly tailored bill is designed to protect doctors, clinics and other health care personnel who provide IVF treatment and services by offering such workers civil and criminal “immunity.”

The new law will “provide civil and criminal immunity for death or damage to an embryo to any individual or entity when providing or receiving services related to in vitro fertilization.”

It says that “no action, suit, or criminal prosecution for the damage to or death of an embryo shall be brought or maintained against any individual or entity when providing or receiving services related to in vitro fertilization.”

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Trump has more legal setbacks – one in a UK court

[UPDATE: SSAT has posted a $91.6 million bond in the E. Jean Carroll case.

Federal Insurance Co. is a division of the large insurer Chubb. It was not immediately clear what property or other investments Trump pledged as collateral in order to get the bond.

The bond is dated Tuesday and signed by Trump and a representative of the insurance company. That means it was available several days before Kaplan declined Trump’s request to postpone the deadline.]

Late last evening, judge Lewis Kaplan denied the appeal by s serial sex abuser Donald Trump (SSAT) to either delay the payment of the bond in the E. Jean Carroll defamation case or to reduce the amount.

Kaplan made the verdict official on 8 February and gave Trump 30 days to post a bond or come up with cash during his appeal, which is expected to challenge the jury’s finding of liability and the amount of damages.

Trump had sought to delay enforcement of the verdict until the judge ruled on his motions to throw it out, which he filed on Tuesday.

But the judge said Trump should not have waited 25 days after the verdict before seeking a delay.
He also said Trump failed to show how he might suffer “irreparable injury” if required to post a bond.
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Clock ticking on payment of Trump’s fines

Serial sex abuser Donald Trump (SSAT), after a string of legal setbacks in court, has had several legal decisions go his way recently. One is that the US Supreme Court agreed to hear his appeal that as president, he had total immunity, and scheduled oral arguments for April 22. The opinion is likely to only come down at the end of the court’s term in June which means that SSAT gets the delay that he has sought. It is clear that SSAT’s strategy is to delay everything as much as possible until after the election, hoping that he wins which would allow him to order his attorney general to shut down all the federal investigations. The US supreme court also overturned the decision by the Colorado supreme court to disqualify him from the state ballot because he violated Section 3 of the 14th Amendment (known as the Insurrection Clause) when he instigated the riot on January 6th, 2021.

But the civil cases that he has already lost must be giving him headaches because he has to cough up real money to appeal those. He is required to put up about 110% of the fines into an escrow account before his appeals can proceed.
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John Oliver on the lack of ethics in the US Supreme Court

After examining the blatant violations of ethical norms by justices Clarence Thomas, Sam Alito, and Neil Gorsuch, Oliver comes up with an idea to coax Thomas to leave the court by appealing to the one thing that seems to drive him: the desire to live like a very wealthy person who likes to drive around in a massive motor home. In public, Thomas talks about how he is battling the elites on behalf of ordinary people while in reality he loves to be the beneficiary of lavish vacations and gift from billionaires while ruling in ways that harm ordinary people. A really sleazy hypocrite.

Oliver offers him a contract where Thomas will be paid $1 million per year for the rest of his life and also get possession of a top-of-the-line motor home costing $2.5 million (that includes a bedroom with a king-size bed, 1 ½ bathrooms, and a full-size refrigerator) if he leaves the court. The offer is time limited in that Thomas has just 30 days from the date of the show (February 18th) to sign the contract. Oliver says that the money will come from him personally and that he has checked with lawyers and that, amazingly, making such an offer is legal.

I do not think that there is any chance that Thomas will accept the offer. Even though he loves to live the high life and would have no scruples about accepting it, like any person without a strong sense of ethics, he may suspect that others are like him and that the offer is not genuine and that if he makes moves towards accepting it, Oliver will unmask him, even though I think Oliver’s offer is genuine.