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the trump election lawsuit thread of dominance

henrygandorf

By henrygandorf
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TwiceHorn

TwiceHorn 31470

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On the defamation issue, probably worth noting that there is a "litigation privilege" against defamation claims based on statements made in court.  That includes both oral statements in arguments or testimony, as well as written statements in court documents, such as pleadings or motion papers.

It even can even extend to comments made about a litigation outside the courtroom, where the comments are mostly confined to what has been "said" in court.

So Powell can make all kinds of wild-ass statements in a pleading or motion or argument to the court without fear of defamation liability (sanction from the court for making non-factual arguments/statements are another matter).  She can even talk to the press about wild-ass statements made in court.

But, given as much "space" as there has been between her wild-ass statements and any court filing, she is bound to have lost any litigation privilege for anything she has said to date.

However, businesses, such as Dominion Voting Systems, may or may not have a claim for business disparagement, which is slightly different but in some meaningful ways, from personal defamation.  It would in Texas, but it's domiciled in Canada and Colorado.

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Bookman
Bookman

The rumor is that Alito and Thomas voted first, and then there was a dump of 7 votes. Texas expert says there’s only a 0.0039% chance of this happening.

Bama Chick
Bama Chick

Fuck Kayleigh and her headache and all the other enabling babysitters. I hope she hasn’t had a night with more than three hours of sleep for this entire year. I hope he texts her and calls her at al

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Al Bundy's Napoleon Hand

40 plus indictments, guilty pleas, convictions, prison sentences, and roughly a dozen fed cases borne of said investigation is slightly more than jack shit.

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Nice Guy Eddie

Nice Guy Eddie 13512

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Alleging that Kemp took bribes seems to be questionable behavior. She was probably smart enough to mask it with the bs wrapper that others are making that claim but I would love to see Kemp take her to court for spreading that rumor.

EDIT: good points about Dominion having potential options to go after damages by people spreading lies about them. If I was in charge of a county's voting system, I would be cautious about selecting Dominion right now for future equipment. I haven't any evidence against them but I would be wary about selecting them just because of the rumors. It would be less risky for my job to select another firm. In other words the unfounded rumors will lead to less business for them.

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TwiceHorn

TwiceHorn 31470

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24 minutes ago, Nice Guy Eddie said:

Alleging that Kemp took bribes seems to be questionable behavior. She was probably smart enough to mask it with the bs wrapper that others are making that claim but I would love to see Kemp take her to court for spreading that rumor.

EDIT: good points about Dominion having potential options to go after damages by people spreading lies about them. If I was in charge of a county's voting system, I would be cautious about selecting Dominion right now for future equipment. I haven't any evidence against them but I would be wary about selecting them just because of the rumors. It would be less risky for my job to select another firm. In other words the unfounded rumors will lead to less business for them.

That's the trick with "business disparagement."  Defamation protects "personal" reputational interests, meaning of natural persons.  There generally is not a cause of action for reputational interests of an entity/corporation unless and until the defamation injures economically, i.e. by lost business.  At least that is the way it is in Texas and I think most states that have it.  Some states don't.

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shakahorn

shakahorn 1645

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2 hours ago, TwiceHorn said:

For starts. she's getting up there, 65ish, so she has the faltering voice of the senior citizen.  Second, she's from NC, so she has that sort of rounded, tailing off accent and speech that combines with being an old to make it really quavery.  Third, brain worms.

You know, I'm not a lawyer and you are, but if it was me, I would list those three factors in the exact opposite order.

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SameSame

SameSame 1704

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2 hours ago, Red Five said:

Well golly, why haven't they submitted all of their evidence then? Probably just an oversight. 

She said hopefully they’ll get to it next week, or maybe the next week.  

It’s tough to say, there’s a lot going on.  You got the holidays, and the kids and travel and somebody’s got to put lights on the house.  A lot to do.  We’ll get to it when we get to it.

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Pato del Muerto

Pato del Muerto 52498

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1 hour ago, Nice Guy Eddie said:

Alleging that Kemp took bribes seems to be questionable behavior. She was probably smart enough to mask it with the bs wrapper that others are making that claim but I would love to see Kemp take her to court for spreading that rumor.

EDIT: good points about Dominion having potential options to go after damages by people spreading lies about them. If I was in charge of a county's voting system, I would be cautious about selecting Dominion right now for future equipment. I haven't any evidence against them but I would be wary about selecting them just because of the rumors. It would be less risky for my job to select another firm. In other words the unfounded rumors will lead to less business for them.

But they don’t have a case until someone doesn’t select them because of the rumors, and is willing to state such. 

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Nice Guy Eddie

Nice Guy Eddie 13512

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1 minute ago, SameSame said:

She said hopefully they’ll get to it next week, or maybe the next week.  

It’s tough to say, there’s a lot going on.  You got the holidays, and the kids and travel and somebody’s got to put lights on the house.  A lot to do.  We’ll get to it when we get to it.

Bigly unfair that Trump isn’t given more time to develop his case. Is it too much to ask joe to wait a few more months. 

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Gatorubet

Gatorubet 30238

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On the defamation issue, probably worth noting that there is a "litigation privilege" against defamation claims based on statements made in court.  That includes both oral statements in arguments or testimony, as well as written statements in court documents, such as pleadings or motion papers.
It even can even extend to comments made about a litigation outside the courtroom, where the comments are mostly confined to what has been "said" in court.
So Powell can make all kinds of wild-ass statements in a pleading or motion or argument to the court without fear of defamation liability (sanction from the court for making non-factual arguments/statements are another matter).  She can even talk to the press about wild-ass statements made in court.
But, given as much "space" as there has been between her wild-ass statements and any court filing, she is bound to have lost any litigation privilege for anything she has said to date.
However, businesses, such as Dominion Voting Systems, may or may not have a claim for business disparagement, which is slightly different but in some meaningful ways, from personal defamation.  It would in Texas, but it's domiciled in Canada and Colorado.

It is a qualified privilege in my State. It is absolute in others. Dunno Penn or Georgia/Michigan/Nevada...
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RomaVicta

RomaVicta 29907

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16 hours ago, C-Man said:

Meanwhile, in Moscow:

tenor.gif

That man deserves respect for his campaign against the West and the US in particular. He's murderous and all the other stuff, too, but he has managed his game very well from a nation slipping towards the Third World. 

I'm not saying he's a.....kind man, but his mind is clear, man. He's good at what he does. A formidable enemy to individuals and nations. He is playing chess.

tenor.gif

One encouraging thing from the impeachment hearings was that we have formidable talent available to fight back. Of course, they'll all have to be rehired once we shit out the orange turd.

191121_abcnl_hill_opening_statement_hpMa

191119093813-14-impeachment-1119-screeng

 

Edited by RomaVicta
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JimmyJames

JimmyJames 12271

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Sidney Powell will be filing for bankruptcy protection soon, just like her idiot client has numerous times in the past. 
 

Or if she doesn’t the guardian appointed by the court to represent her will since it’s obvious she has completely lost it and is literally insane. 

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JimmyJames

JimmyJames 12271

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Just now, RomaVicta said:

That man deserves respect for his campaign against the West and the US in particular. He's murderous and all the other stuff, too, but he has managed his game very well from a nation slipping towards the Third World. 

I'm not saying he's a.....kind man, but his mind is clear, man. He's good at what he does. A formidable enemey to individuals and nations. He is playing chess.

tenor.gif

One encouraging thing from the impeachment hearings was that we have formidable talent available to fight back. Of course, they'll all have to be rehired once we shit out the orange turd.One encouraging thing from the impeachment hearings was that we have formidable talent available to fight back. Of course, they'll all have to be rehired once we shit out the orange turd.

191121_abcnl_hill_opening_statement_hpMa

191119093813-14-impeachment-1119-screeng

 

Once Biden is sworn in Putin’s gambit will face serious and well deserved repercussions. The US is going to hammer Russia and the western nations will gladly go along. They are now a pariah state like North Korea. 

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Gatorubet

Gatorubet 30238

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By and large, if it’s not in the trial court record, the court of appeals is never going to consider it.

I once told a judge hosing me on evidence submission and trying to shut me up that I’d rather be sanctioned than not make a record proffer for my client. So judge’s hatey-eyes aside, I was allowed to make a proffer.

...and the loss was affirmed on appeal anyway. But at least they theoretically considered it.
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Neonmoon

Neonmoon 38129

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27 minutes ago, JimmyJames said:

Once Biden is sworn in Putin’s gambit will face serious and well deserved repercussions. The US is going to hammer Russia and the western nations will gladly go along. They are now a pariah state like North Korea. 

We ain’t doing shit. Russia needs to be clipped, but sanctions will not end their continual shenanigans. They’re a mob run gas station but no one wants war because that’s big boy war with nukes. So it’s sanctions, and sternly worded letters. 

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Pescado_Rojo

Pescado_Rojo 19416

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If I were Biden, I'd make it the #1 priority of my spooks to steal every penny out of Putin's numbered bank accounts. All his oligarch enablers, too. Quietly, never admit to any of it...but leave all those fuckers penniless and see how long it takes Putin to have one of those tragic falls out of a 4th story window. 

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Brisketexan

Brisketexan 105139

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Remember, this is a movement that includes a guy who shoved a dildo up his own ass live, in the air, to prove....something.

This entire regime is just an unbroken chain of idiots shoving things up their own asses, and screaming “VICTORY!” through the tears of pain and bleeding anal fissures.

And 70 million Americans think that’s awesome.

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TXSG8R

TXSG8R 3362

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15 minutes ago, Francisco 2.0 said:
 

 

Translation:  The campaign doesn't have the money to pay her.

 

 

That, or immediately preceding this statement someone asked “what do you mean you don’t have anything besides these bullshit affidavits?”

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TwiceHorn

TwiceHorn 31470

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3 hours ago, shakahorn said:

You know, I'm not a lawyer and you are, but if it was me, I would list those three factors in the exact opposite order.

Well, if you divorce what she's saying from how she's saying it, she still sounds weird.

Gobs of people with brain worms that don't sound weird.

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Captainant

Captainant 27667

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25 minutes ago, Brisketexan said:

Remember, this is a movement that includes a guy who shoved a dildo up his own ass live, in the air, to prove....something.

This entire regime is just an unbroken chain of idiots shoving things up their own asses, and screaming “VICTORY!” through the tears of pain and bleeding anal fissures.

And 70 million Americans think that’s awesome.

NowThis is just getting ridiculous

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Brisketexan

Brisketexan 105139

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Hey....y’all wanna know something that isn’t a thing? “Practicing law on your own.” It is literally not a thing. Know why? Because lawyers don’t appear in any case, ever. Instead, they appear....ON BEHALF OF THEIR CLIENT.

Without a client, a lawyer is just someone with a law license, waiting for something to do. If I show up in court and try to argue or introduce evidence in a case, the judge will ask “who do you represent?” If I answer “oh, I’m just practicing law on my own”....that won’t go very well.
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