ThunderCougarFalconBird said:

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I don't work in NY state court and I certainly don't do any criminal work. Is there some mandamus-type remedy to move the ball on dismissing this, uh, "indictment" in a more expeditious manner or are we stuck waiting until the court gets around to a motions docket at the end of 23/beginning of 24?

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Not unless they go to federal court. I'm trying to figure out what that claim would be off of the top of my head.

But this judge will have control over his own docket when it comes to motions hearings and a federal judge obviously wouldn't order a state judge to modify his docket.

ETA: Meaning Trump's attorneys file in federal court.

I was thinking via the state appellate avenue. I realize that supreme court appellate division and NY court of appeals are unlikely to do anything about it but because of the nature of the case and the massive implications of it, perhaps SCOTUS would take it up?

Election interference, SCOTUS should take this up quickly.

I really dislike trump. He lies way too much and the infidelity is gross. A rich guy should pay his bills rather than filing for bankruptcy when it suits him. I have always paid my bills and I have far less money. However, this indictment is a bridge too far. It stinks

2040huck said:

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I really dislike trump. He lies way too much and the infidelity is gross. A rich guy should pay his bills rather than filing for bankruptcy when it suits him. I have always paid my bills and I have far less money. However, this indictment is a bridge too far. It stinks

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I know only a few builders and virtually no real estate developers that have not filed bankruptcy on at least one project, particularly when you consider he spanned several economic booms and busts, particularly in the Northeast and NYC.

So to judge him by that when you admit you have not had the resources AND obligations he has had is a bit odd.

I have never filed BK, pretty sure I am in a position where personally it is not even a remote possibility.

But, I can still imagine getting into a business opportunity that does not work out through no fault of my own in which that entity may file BK.

ThunderCougarFalconBird said:

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I was thinking via the state appellate avenue. I realize that supreme court appellate division and NY court of appeals are unlikely to do anything about it but because of the nature of the case and the massive implications of it, perhaps SCOTUS would take it up?

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SCOTUS would not have jurisdiction to take it up at the moment. His defense can file for a bill of particulars, a motion to dismiss, etc. until the cows come home but getting the judge to set a briefing and hearing schedule in a timely manner is completely out of their control. EXCEPT if there is a state law that they can file writ of superintending control directed towards the judge, similar to a writ of mandamus where an appellate court directs a trial court judge to do something.

And even then, the state trial court judge can just ignore them. Remember the Flynn case? They went up on madamus twice to get Sullivan to dismiss the case. Sullivan just ignored the DC Circuit Court of Appeals.

2040huck said:

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A rich guy should pay his bills rather than filing for bankruptcy when it suits him. I have always paid my bills and I have far less money. However, this indictment is a bridge too far. It stinks

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Don't mind your take on this being a bridge too far.

Just a bit of an FYI, that's not exactly how bankruptcy works - especially at the complex corporate level. That's another story for another thread.

ThunderCougarFalconBird said:

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I was thinking via the state appellate avenue. I realize that supreme court appellate division and NY court of appeals are unlikely to do anything about it but because of the nature of the case and the massive implications of it, perhaps SCOTUS would take it up?

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You folks are the lawyers (at least I think TCFB is also a lawyer), but Turley and / or McCarthy mentioned a legal action they would take on behalf of Trump if there had been a gag order. It wasn't an amicus brief but it seemed similar.

It would seem to be another failure of the process to not allow Trump to have immediate remedy given his status as an active candidate for POTUS.

fka ftc said:

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2040huck said:

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I really dislike trump. He lies way too much and the infidelity is gross. A rich guy should pay his bills rather than filing for bankruptcy when it suits him. I have always paid my bills and I have far less money. However, this indictment is a bridge too far. It stinks

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I know only a few builders and virtually no real estate developers that have not filed bankruptcy on at least one project, particularly when you consider he spanned several economic booms and busts, particularly in the Northeast and NYC.

So to judge him by that when you admit you have not had the resources AND obligations he has had is a bit odd.

I have never filed BK, pretty sure I am in a position where personally it is not even a remote possibility.

But, I can still imagine getting into a business opportunity that does not work out through no fault of my own in which that entity may file BK.

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Whatever. Some smaller company ate that cost. If Trump is as rich as he says, they shouldn't have to.

fka ftc said:

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ThunderCougarFalconBird said:

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I was thinking via the state appellate avenue. I realize that supreme court appellate division and NY court of appeals are unlikely to do anything about it but because of the nature of the case and the massive implications of it, perhaps SCOTUS would take it up?

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You folks are the lawyers (at least I think TCFB is also a lawyer), but Turley and / or McCarthy mentioned a legal action they would take on behalf of Trump if there had been a gag order. It wasn't an amicus brief but it seemed similar.

It would seem to be another failure of the process to not allow Trump to have immediate remedy given his status as an active candidate for POTUS.

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And I think the reason there is not a gag order is because it would have been imediately appealable order. Judge needs to do something first, issue an order, before it can be appealed.

ETA: And also a basis for a federal suit.

Here's the kinda hard hitting news the Dems want:

BREAKING: New York Police have listed Trump’s weight as 270 pounds.

— Travis Allen (Biden Fan) (@TravisAllen02) April 4, 2023

Travis Allen is a mouth breathing moron.

That **** eating grin of his indicates Biden voter. He did not have to type it out.

DJT NY Case.

I'll do more analysis later, but as I'd predicted, it's 34 counts because it's per record. So, e.g., for 1 payment to Cohen on xyz date, there may be 3 counts because 1 is for the invoice, 1 for the ledger, & 1 for the check. That's how you drive up the # of counts.

— Leslie McAdoo Gordon 🇺🇸 (@McAdooGordon) April 4, 2023

Old McDonald said:

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fka ftc said:

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TxAgLaw03RW said:

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No, his crime is running again in the 2024 election.

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No, his crime was challenging the establishment / swamp. We were all warned. But people really need to heed the warning this time.

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this meme is as cringe now as it was four years ago, maybe even more so now

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Take it to the **** Indicted thread. This one is for Trump.

ThunderCougarFalconBird said:

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Old McDonald said:

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fka ftc said:

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TxAgLaw03RW said:

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No, his crime is running again in the 2024 election.

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No, his crime was challenging the establishment / swamp. We were all warned. But people really need to heed the warning this time.

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this meme is as cringe now as it was four years ago, maybe even more so now

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Typical leftist. Cringes at the truth.

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who is "they"? why are they coming after "you"? he's not a martyr, he's just a politician

and i'm not a leftist, i'm a concerned moderate

Every time the CM's get all riled over Trump, they've been on the wrong side of the issue and never admit to being duped. Tell me why this is different.

fka ftc said:

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fc2112 said:

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Here's the kinda hard hitting news the Dems want:

BREAKING: New York Police have listed Trump’s weight as 270 pounds.

— Travis Allen (Biden Fan) (@TravisAllen02) April 4, 2023

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50lbs of gold plated balls with golden hair will do that to you.

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Phrasing!!

At this point, are these moderates concerned about? Seems more like moderated pacifist who vote D (or even worse, L).

Hey it costs money to destroy your political enemies with the peoples DOJ.

ThunderCougarFalconBird said:

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Old McDonald said:

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fka ftc said:

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TxAgLaw03RW said:

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No, his crime is running again in the 2024 election.

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No, his crime was challenging the establishment / swamp. We were all warned. But people really need to heed the warning this time.

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this meme is as cringe now as it was four years ago, maybe even more so now

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Typical leftist. Cringes at the truth.

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Its like Kryptonite to leftists

BREAKING: CNN calls Trump indictment “underwhelming.”

You know you’ve lost when you lose CNN.pic.twitter.com/uc02V31yHT

— Collin Rugg (@CollinRugg) April 4, 2023

The only thing that will come from this is a run on lotion at Whole Foods.

Funky Winkerbean said:

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Every time the CM's get all riled over Trump, they've been on the wrong side of the issue and never admit to being duped. Tell me why this is different.

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That's what happens when you MSM all day errrday

Squadron7 said:

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The only thing that will come from this is a run on lotion at Whole Foods.

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O my

Premium said:

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Squadron7 said:

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The only thing that will come from this is a run on lotion at Whole Foods.

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O my

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And neckbeard cleaner / wash. Sometimes the excitement can "go too far".

Ellis Wyatt said:

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Quote:

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I was only speaking about MTG. I think its a bad precedent for the Dems to go down this path....but I also have a hard time feeling sorry for Trump the man.

Clinton was guilty of so much more when he was Governor. I guess barring murder we seem to be okay with grifting and other crimes ....until now at least. The Dems won't be in office much longer and we'll see if this turns into a tit for tat.

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Democrats are for sure, and I have no doubt dims would tolerate murder as long as it was a republican killed. This is disgusting. There is no longer a rule of law when the dims are in charge.

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They tolerated the murder of 3 children & 3 adults just a week ago and sided with the murderer by declaring a "national day of visibility". So yeah, if they can tolerate the murder of innocent 9 year old children then the open murder of Republicans wouldn't be any different.

So the DA will have to prove "intent to defraud." This would be difficult under a federal statute, but is apparently very easy under NY law.

If interested, here is a legal analysis of NY's "intent to defraud" statutes and relevant caselaw:

The Broad Scope of "Intent to Defraud" in the New York Crime of Falsifying Business Records (justsecurity.org)

The Supreme Court quashed that theory under the federal fraud statutes a long time ago in Skilling. Such a theory makes fraud statutes so broad that no one can know what is criminal and what isn't, so it's a violation of due process & the First Amendment.

— Leslie McAdoo Gordon 🇺🇸 (@McAdooGordon) April 4, 2023