Come for the politics, stay for the snark.

He seems like a smart guy, but JFC, what a dick!

Republicans seem to think life begins at the candlelight dinner the night before.

The low info voters probably won’t even notice or remember by their next lap around the goldfish bowl.

The fight for our country is always worth it. ~Kamala Harris

Give the craziest people you know everything they want and hope they don’t ask for more? Great plan.

If you thought you’d already seen people saying the stupidest things possible on the internet, prepare yourselves.

“The defense has a certain level of trust in defendant that the government does not.”

I’m starting to think Jesus may have made a mistake saving people with no questions asked.

Make the republican party small enough to drown in a bathtub.

It’s always darkest before the other shoe drops.

Peak wingnut was a lie.

Pessimism assures that nothing of any importance will change.

“The difference between stupidity and genius is that genius has its limits.”

Reality always lies in wait for … Democrats.

In after Baud. Damn.

“Until such time as the world ends, we will act as though it intends to spin on.”

rich, arrogant assholes who equate luck with genius

One of our two political parties is a cult whose leader admires Vladimir Putin.

This blog will pay for itself.

Narcissists are always shocked to discover other people have agency.

The rest of the comments were smacking Boebert like she was a piñata.

It’s all just conspiracy shit beamed down from the mothership.

When you’re a Republican, they let you do it.

Historically it was a little unusual for the president to be an incoherent babbling moron.

You are here: Home / Politics / Activist Judges! / First Monday in October

First Monday in October

by | 185 Comments

This post is in: ,

I remember seeing this movie with my mom at her urging because, at the time, she thought I could make a good lawyer someday (because I was an argumentative child) and hoped I’d be inspired by it. She was wrong about my vocational aptitude, but I do remember finding the film vaguely inspiring.

I haven’t seen it again in the intervening decades and have no idea how it holds up. I do recall the real-world version of the Supreme Court being a more widely respected institution back then than it is today.

The words “First Monday in October” have a different connotation with the Fed Soc Six supermajority in place. Now I hear them with a feeling of dread, wondering which fundamental rights they will rip away or how they’ll degrade life by empowering polluters, gun merchants, corporate parasites, etc.

Public Notice highlighted four cases to watch this term. Here’s a quick summary of what’s at issue in each:

Consumer Financial Protection Bureau v. Community Financial Services Association of America: Payday lenders, which exist to fleece the poor, are arguing that the way the CFPB is funded is unconstitutional. (JFC, for real?) Conservatives’ ceaseless efforts to undermine and/or destroy the CFPB are an unintentional tribute to the clarity of its creator’s vision. Thanks, Senator Warren!

United States v. Rahimi: This case will decide if violent domestic abusers retain their right to a firearm. That this is even a fucking question is further proof that the modern conservative interpretation of the Second Amendment is a murder-suicide pact.

Moore v. US: The article says this case is about “tax law applying to ‘unrealized’ income.” It’s exactly the type of case the Fed Soc was founded to ensure is adjudicated in favor of its mega-rich donors. But as the article notes, this particular case is also a Sam Alito flex. Alito granted a softball interview to the conservative attorney and legal writer who originally requested that the court take up the case. Alito then declined to recuse, carefully reasoning “because shut up, that’s why.”

Moody v. NetChoice/NetChoice v. Paxton: These matters should have been laughed out of a lower court because Moody (hack AG to DeSantis) and Paxton (indicted crook who recently beat an impeachment to retain his seat as TX AG — for now) are defending laws that were passed to address a phantom harm: that conservatives are “silenced” on social media platforms like ex-Twitter. As fucking if!

It’ll be interesting to see what fuckery the court gets up to this term, in the same sense that it would be “interesting” to watch helplessly on a Ring app while six thieves kick in your door and steal your shit. But at least we’ll have the consolation of eloquent dissents to read.

We have a lot of lawyer types around here — please chime in with what you’re focusing on in this SCOTUS term, if you care to. Otherwise, open thread!

Reader Interactions

185Comments

  1. 1.

    Jackie

    Is it snowing in Florida, BC? Clarence Thomas has recused himself!!!

    “The Supreme Court on Monday denied an effort by lawyer John Eastman to appeal a ruling that found he may have acted criminally with the legal advice he gave former President Trump,” The Hill reports.

    “It spurred a rare recusal from Justice Clarence Thomas, whose wife corresponded with the California attorney in the weeks ahead of Jan. 6.”

  3. 3.

    Betty Cracker

    @Jackie: Whoa, no shit?!? Hooray for ProPublica! Sometimes working the refs works too. Kudos to Senator Whitehouse and all the Dems who’ve raised hell about the corrupt court.

  5. 5.

    Alison Rose

    @SiubhanDuinne: I snorted.

    Also too:

    she thought I could make a good lawyer someday (because I was an argumentative child)

    I got told the same thing as a young kid, for the same reason. Then I got a little older and it was obvious I’d never be able to rein in my cursing enough for court. Also, all that school? Nah.

  7. 7.

    WaterGirl

    @Betty Cracker:  It is shocking, at least at first glance.

    To me, this is the Supreme Court justices desperately trying to hold actual ethics rules at bay. “See, Mommy, I learned my lesson, I’ll be good!”

  9. 9.

    swiftfox

    More important than three of the above is Loper Bright v Raimondo, a retest of the 1984 Chevron v NRCC case giving federal agencies the authority to do their job.

  10. 10.

    WaterGirl

    @Alison Rose: Wow, no kidding,  He looks like a mad little boy – absolutely furious, in fact – who is about to hold his breath until he turns blue.

    I really wonder if Trump is capable of keeping quiet and behaving in court.  I know I sometimes reference someone’s head exploding, but I don’t mean it literally.

    Here, I actually wonder if he will be unable to contain himself and longer and will explode with some inappropriate outburst.

    I mean, it’s hard to learn – especially for the first time at 78 years old – that there are consequences.

  12. 12.

    Jackie

    @Alison Rose: Did you notice he and his Diet Coke fetcher are dressed in tweenkie-twin outfits? Navy blue suits and royal blue ties. I wonder why they ditched the red tie uniform?🤔

  13. 13.

    Frankensteinbeck

    @WaterGirl:

    To me, this is the Supreme Court justices desperately trying to hold actual ethics rules at bay.

    I can certainly see “I do not give the slightest god damn about this Eastward guy and neither does my wife, so this is a good meaningless gesture to make proving how ethical I am.”

  15. 15.

    counterfactual

    I wandered past my Dad’s Fox News, and they’re in full meltdown about the NY Fraud trial. “How long will the Trumps be prevented from running a business???” “Can’t they appeal the summary judgment before the trial????” “What will foreign entrepreneurs think about forming companies in New York???”

    What part of “corporate death sentence” is hard to understand? No, you can’t appeal part of a trial while the trial is going on. Hopefully, “don’t try to do stupid fraud in New York.”

  16. 16.

    Scout211

    I am waiting to see if SCOTUS hears the mifepristone case.  Speculation is that they will agree to hear the case and will hold the hearings in the spring.

    Link  to article and 5th circuit ruling in August.

    A federal appeals court ruled Wednesday that mifepristone, one of two pills used in medication abortions, should not be prescribed past seven weeks of pregnancy or via telemedicine. However, a previous stay by the Supreme Court means this won’t go into effect right away.

    The pills will remain on the market in states where abortion is legal and available by telemedicine and mail for the time being.

    In a 93-page ruling, the 5th Circuit Court of Appeals in New Orleans sided with plaintiffs that want to restrict use of mifepristone, a pill used in medication abortions.

    . . .

    Mifepristone and misoprostol, the two-drug regimen, is used in about 50% of abortions now. Since its approval by the FDA in 2000, the drug has been used for abortions by more than 5 million women in the U.S. A study from KFF, an independent health policy organization, determined that medication abortion successfully terminates pregnancy 99.6% of the time. The foundation found a .4% risk of major complications and a mortality rate of less than .001%.

     

    The crux of the plaintiffs’ case concerns those rare complications. Plaintiffs’ attorney Hawley, who is married to Sen. Josh Hawley, the Republican from Missouri, argued that physicians who oppose abortion would be facing a moral injury if they had to care for a woman who had a complication after taking mifepristone.

  17. 17.

    Thor Heyerdahl

    @WaterGirl:

    Kaffee: Did you order the Code Red?

    Jessup: I did the job that—-

    Kaffee: DID YOU ORDER THE CODE RED?!

    Jessup: YOU’RE GODDAMN RIGHT I DID!

  18. 18.

    MisterDancer

    @Jackie: Is it snowing in Florida, BC?

    Well, it sure as hell is in Georgia! From MSNBC via Daily Kos:

    Georgia Senate Republicans have suspended Colton Moore — who has tried to impeach Fulton County DA Fani Willis for prosecuting Trump — from their caucus.

    I mean, criticizing him makes some sense, given how much the GA GOP seems to dislike Trump, overall.

    But it’s still a hell of a thing to see.

  19. 19.

    cain

    Eventually someone is going to bring into question that the current iteration of the entire govt is unconstitutional and not what the framers has in mind.

  21. 21.

    Xavier

    The Moore case seems to be more about whether unrealized income is income, not so much about whether its subject to tax law. If it’s not income, it probably shouldn’t be taxed.

  22. 22.

    Steeplejack

    “I do recall the real-world version of the Supreme Court being a more widely respected institution back then than it is today.”

    Y’think? Crackerian understatement. 😹

  24. 24.

    smith

    I can hardly wait to see what Eastman and Ginni Thomas were emailing about. It could raise some real questions about when we can expect her indictment. At least, it would be irresponsible not to speculate.

  26. 26.

    narya

    Yeah, let’s see if he ever recuses himself when they’re going to HEAR a case. Magic 8 Ball says “not a chance.”

  28. 28.

    Betty Cracker

    @swiftfox: We talked about that case recently here. Not a lawyer, but it sure sounds like it could be highly consequential for everyone who breathes, drinks water, etc.

  33. 33.

    hueyplong

    @Alison Rose: I’m not sure there is much Trump can blurt out that would bother (rather than amuse) us.  There is no jury for him to tamper with.

    So I’m in favor of lots of blurting, the more offensive the better.

  34. 34.

    RaflW

    Republicans, Federalist Soc., and movement conservatives have played the long game for 40+ years. We are at the jumping off point for the countervailing swing.

    When I see things like the serial demolition of GOP nonsense in the “impeachment” hearing (scare quotes because it’s beyond a sham, it’s pure made-for-TV fiction) by young and feisty Democrats, I think: We can do it. We can recruit and support the cohort that will get this careening train back on track.

    Yes the SCOTUS is wildly out of control. But a long-range plan to win back rights and a decent, caring society is entirely possible. We have to win some serious elections. We have to have enough of a majority in the House to start passing legislation. Significant legislation.

    Part of why the Fed. Soc. strategy has worked is that Dems have relied too long on the administrative state and bending existing tools to fit new needs. There needs to be a broad strategy of getting back to the roots of Congressional power and using it much more proactively.

    And we need to use the power of Congress to investigate Clarence Thomas. A concerted effort must be made to get this g.d. corruption to stick to him and to CJ Roberts. It is unconscionable that these bought men have such power. It should at the very least be plainly understood by average Americans that this is a nakedly corrupt Court and thus their rulings are suspect at best, and in several instances should be summarily reversed as soon as we can regain even the slimmest Court majority. (edit: @Betty Cracker et al,. Yes much more of this, please.)

  35. 35.

    Geminid

    @MisterDancer: At age 29, Colton Moore is a young man in a hurry. When he was 25, Moore won a seat in Georgia’s lower house by beating the Republican incumbent.

    Moore is also a fast talker, and came in first in a Georgia auctioneer competition when he was 21, and then placed in the national competition that same year.

    Moore describes himself as an “Auctioneer and Cattleman.” His familily owns a trucking and heavy equipment company in northwest Georgia. I look for young Colton to challenge his notorious local Congresswoman in a primary later this decade.

  36. 36.

    HeleninEire

    @Steeplejack: No one. The judge let the cameras roll for, like 2 minutes, and then ordered them turned off. He says he will not allow the opening statements to be televised.

  38. 38.

    RaflW

    Further though on the Thomas recusal.

    I’m gonna guess this was a politically smart, meaningless recusal. He gets surprised reactions like we’re having, on a case with incredibly narrow impact. And then gets to skate by recusing from the big deal issues like climate where the buyoff he’s received matters.

    So, fuck him. I’m not really impressed so far. If he recuses where the Harlan Crow & other’s money is involved, then I’ll think we’ve gotten somewhere.

  39. 39.

    Steeplejack

    @HumboldtBlue:

    I have built up a bit of immunity, but so far it’s all Trump Trump Trump and his trial.

    ETA: And now Mitchell says they’re going on to Kevin McCarthy after the break. Time to take off the hazmat suit and go over to HGTV or something. I’ll wait for Nicolle Wallace at 4:00.

  40. 40.

    RaflW

    To SCOTUS news, this is interesting. Maybe the Court isn’t entirely libertarian all the time.

    The Supreme Court announced on Monday that it would not hear a challenge to New York’s rent-stabilization regulations, under which the government sets maximum permissible rent increases and generally allows tenants to renew their leases indefinitely.

    The challengers had argued that the regulations, which cover about a million dwellings in New York City, amount to an unconstitutional government taking of landlords’ property.

    In a pair of decisions in February, a unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit rejected that argument.

  44. 44.

    Citizen Alan

    @Foghorn453: Well, it’s a little more complicated than that. The larger issue is whether you can have a Chapter 11 bankruptcy plan in which a portion of the plan payments are paid by a third party in exchange for that third party getting a release from liability for the actions of the debtor corporation. It’s just bad facts in this case because the third party here consists of some incredibly evil people.

  51. 51.

    lowtechcyclist

    @jonas: ​
     

    I was wondering what that herd of large pigs was doing flying past my bedroom window this morning…

    Were there 30-50 of them? And you without an AR! ;-)

  53. 53.

    Barbara

    @Foghorn453: @Citizen Alan:

    It drives me crazy that so many people will not articulate the core issue — whether you can get the benefit of bankruptcy and have your debts extinguished even though you have not subjected yourself to the jurisdiction of the bankruptcy court and put all your assets at risk (by declaring bankruptcy).

    In this case, the Sacklers are seeking immunity not just for creditors in front of the bankruptcy court but potential creditors whose claims are only against them and not Purdue Pharma.  I don’t see how the bankruptcy court has the authority to do that.

    There are parallels where, let’s say, a parent company will contribute significant assets to a subsidiary’s bankruptcy settlement and ask for a release for its own liability with respect to creditors’ claims against the sub.  Even this is sketchy on the grounds of authority, but typically, creditors voluntarily agree.  In my view, if there is no agreement creditors should have the right to pursue claims against a non-bankrupt debtor.  For any number of reasons I doubt that anyone would get far suing the Sacklers personally but it’s an outrageous abuse of bankruptcy to actually have your own liabilities extinguished when you are unwilling to place your assets at risk.

  62. 62.

    Jackie

    Matt Gaetz’s (R-FL) father, former state Sen. Don Gaetz (R), announced his intention to seek office once again, the Pensacola News Journalreports.

    However, Gaetz said his decision to run is in no way based upon speculation that his son has been discussed as a potential candidate for governor in 2026.

    Ya, ok, daddy… we believe you🙄🤪

  63. 63.

    Cameron

    @HumboldtBlue: There’s a wonderful story on the same page about DeSantis laying into Trump for the yooge increase in the national debt on his watch.  Hopefully they’ll destroy each other.  Not that any of the other Republicans in the race are much better.

  64. 64.

    Chacal Charles Calthrop

    @RaflW: yeah, I was going to note that too. But taking that case would be a bigger step than all of the cases above, because it was a facial challenge to rent regulation that argued that ANY form of regulation that cut into profits was unconstitutional, which would be the equivalent of Lochner v New York which in 1905 struck down the government’s right to impose any regulations on commerce whatsoever.

  72. 72.

    Chris T.

    @Xavier:

    The Moore case seems to be more about whether unrealized income is income, not so much about whether its subject to tax law. If it’s not income, it probably shouldn’t be taxed.

    I got hit by this once. I had to pay taxes on a privately held startup-company stock, unsellable (at the time, and eventually in the future it went to a penny a share) but via BOD re-evaluations, had produced some “unrealized” gain that pushed me (slightly) into the AMT system, I think. That was … very painful, which is when I started having a CPA do my taxes.

    It’s very awkward having to pay taxes on money you didn’t actually get. Of course, it’s made up for by not having to pay taxes on other money you did get, except that the two events don’t happen at the same time (if ever). The whole system is screwy.

  73. 73.

    Frankensteinbeck

    @WaterGirl:

    The man who thought that would be fine to put in a deposition in a rape (civil) trial and who released a transcript of himself using Presidential power to pressure a foreign state to incriminate his political enemies, then kept telling people it was ‘perfect’, could decide any god damn thing is good for him.

  74. 74.

    Bill Arnold

    @Scout211:

    argued that physicians who oppose abortion would be facing a moral injury if they had to care for a woman who had a complication after taking mifepristone.

    The Supreme Court has no business ruling on “moral injury”, IMO.[1]
    Seriously; in a mixed society, there are many conflicting ethical calculuses. Christian Supremacists must not be considered to have higher standing than others.

    [1] Maybe the original Jonathan Shay version: “betrayal of ‘what’s right’ in a high-stakes situation by someone who holds power.” But that is different.

  77. 77.

    rikyrah

    Dolt45’s trial is being heard by THE JUDGE and NOT A JURY..

    Because, his lawyers didn’t file the paperwork for a jury trial.
    You can’t make this shyt up.

    BWA HA HA AH AH AH AHA HA HA HA HA HA

  78. 78.

    rikyrah

    Judd Legum (@JuddLegum) posted at 8:15 AM on Mon, Oct 02, 2023:
    1. Buried in North Carolina’s 600+ page budget is a little-noticed provision that creates a secret police force, controlled by Republicans, with extraordinary powers

    2. The budget grants the Gov Ops Committee the right to seize “any document or system of record” from anyone who works in or w/state & local government

    This includes contractors or any entity that directly or indirectly receives state funds, including charities and colleges

    3. It gets worse. Gov Ops staff will be authorized to enter “any building or facility” owned or leased by a state or non-state entity without a judicial warrant.

    This includes private homes, if it includes a home office of a contractor

    4. Alarmingly, public employees under investigation will be required to keep all communication and requests “confidential.” They cannot alert their supervisor of the investigation nor consult with legal counsel.

    Those who refuse to cooperate face jail time and fines of up to 1K

    5. Gov Ops is dominated by Republicans and pursues partisan investigations. It is co-chaired by Senate Leader Phil Berger (R) and House Speaker Tim Moore (R).

    Gov Ops launched an inquiry into diversity training programs at the University of North Carolina earlier this year.

    6. Berger and Moore claim this is all about oversight and transparency. But a separate provision of the budget allows them to reject any public records requests concerning the operation of Gov Ops.

    7. This is part of a broader effort to restrict public access to public records. The budget also repeals a law that required “communications regarding redistricting” be made publicly available when new legislative maps were adopted.

     

    Judd Legum (@JuddLegum) posted at 8:30 AM on Mon, Oct 02, 2023:
    8. North Carolina is one of the most gerrymandered states in the country. In 2022, a gerrymandering trial exposed a top Republican redistricting official for using “secret maps to help draft the state’s redistricting plan.”

    https://t.co/rj35cvXfwv
    (https://x.com/JuddLegum/status/1708836797659185358?t=CMm-e3p25VNxdJK43UYrtA&s=03)

  79. 79.

    Paul in KY

    @WaterGirl: I think they would have to drug him up a bit for him to stay silent when the prosecution is giving a factual presentation on the kind of person he is and what he has done.

  80. 80.

    JoyceH

    Something I don’t understand. The fraud trial is about Trump overvaluing his holding to lenders, and that’s something Michael Cohen has been saying for years. But Cohen has also repeatedly said that Trump also undervalued those properties for taxes. Why is only the overvalues being charged? The undervalues is tax cheating, which sounds more significant to me.

  81. 81.

    rikyrah

    @Scout211:

    The crux of the plaintiffs’ case concerns those rare complications. Plaintiffs’ attorney Hawley, who is married to Sen. Josh Hawley, the Republican from Missouri, argued that physicians who oppose abortion would be facing a moral injury if they had to care for a woman who had a complication after taking mifepristone

     

    PHUCK OUTTA HERE

  82. 82.

    Shalimar

    @Steeplejack: I was listening to Andrea Mitchell.   She had a reporter from the Trump civil case describe a “staredown” (Mitchell’s word) between Trump and James as he walked by her at the beginning of a break.  According to the reporter, he was staring at her trying to look defiant and she looked ahead without even acknowledging him.  That sounds more like someone politely ignoring a misbehaving child than any kind of confrontation.

  89. 89.

    Sean

    Kind of wild, but my childhood (and oldest) friend is arguing on behalf of Rahimi in that domestic abuse/firearms case, as his federal public defender.

    He and I used to be on our high school debate team in small town Texas, and before that we were getting beaned by wild pitches in youth baseball and trying to one up each other on who had the most injuries from said pitches. (We were bad at baseball).

    I’ve told him that I hope he loses the case, and I think given the choice, he wouldn’t be arguing on behalf of Rahimi, but everyone deserves a full and robust defense and all that. It’s really weird to know someone arguing a case like this in the way I know him.

  90. 90.

    Geminid

    @rikyrah: A couple weeks ago I heard on WBT (Charlotte) that Nofth Carolina’s Republican majority had also taken an ax to their Freedom of Information law.

    All this makes next year’s Governor’s race a very crucial one. Last I saw, the Democratic candidate had a small lead in the polls, but of course it’s still early.

  91. 91.

    JWR

    @Shalimar:

    Here’s how the NBC live feed described it:

    33m ago / 10:07 AM PDT
    Court has recessed for a lunch break
    Adam Reiss and Rebecca Shabad

    The trial has recessed for a lunch break. On his way out of the courtroom, Trump stared down James, looking down at her as he walked by and he glared angrily.

  92. 92.

    scav

    There are a lot of religions that have a fundamental proscription against alcohol. That’ll sure free up the waiting times in ER if all the intoxicated are shunted off for fear some doctors might suffer moral cooties by touching the drunks impure bodies.  “Lips that touch alcohol shall never be revived.”  “Eek! He’s wearing mixed fibers!  To the morgue with him!”

  95. 95.

    geg6

    @Alison Rose:

    Have you caught the report that Cheetolini is having a bench trial only because his lawyer (Alina Hanna) never checked the box requesting a jury trial?  And this is the judge he’s putting the gate of his companies in? You know, the one he’s been excoriating online for months? 🤣🤣🤣

  98. 98.

    Roger Moore

    @JoyceH:

    In most places, nobody has the power to undervalue their property for tax purposes unilaterally.  There’s always someone like a tax assessor who is in charge of producing what the government thinks a property is worth, and there are formal dispute resolution procedures if someone thinks the assessor has overvalued their property.  The values you get from that process are what taxes are based on.  If Trump has done something legally wrong by using those processes, it would have to be from illegally manipulating the process, e.g. by bribing the assessor, which would be difficult to prove.  In contrast, showing Trump overvalued his properties for purposes of taking out loans is mostly a paper process.  You show what an impartial assessment said the property is worth and then that the value Trump used for his loans was unreasonably higher.

  102. 102.

    Scout211

    @geg6:Have you caught the report that Cheetolini is having a bench trial only because his lawyer (Alina Hanna) never checked the box requesting a jury trial?

    I’ve read this claim a couple of times here, but no one is providing a link.  Call me skeptical, but I am not going to believe this until I see some actual news stories with actual facts.

  103. 103.

    Xavier

    @Baud: Yeah, property tax is definitely a tax on, I guess, imputed income, which is part of the national income calculation. It’s a bit of a weird situation, which is why we get property tax freezes, especially for retirees and such.

  105. 105.

    catclub

    @Xavier: ​
     

    Yeah, property tax is definitely a tax on, I guess, imputed income,

    NO. Property tax is a tax on property, which is not the same as income.

  106. 106.

    Roger Moore

    @Xavier:

    Property tax is a state and local thing, so what the federal constitution says about the limits on the federal government don’t really apply.  If a state says it’s OK to tax property, the USSC will stay out of it.

  108. 108.

    Rusty

    @JoyceH: His entities are being sued under a NY state law against fraud.  The overvaluation was for purposes of securing loans wherein the lender would be secured against loss if they weren’t paid back.  If you think a property is worth $100M then you don’t mind lending someone $30M.  If the property is only worth $18M, then you wouldn’t lend them $30M based on that.  This is the basis of the case.  Trump already lost the case in summary judgement (there was no factual dispute that the property was worth $100M when it was only worth $18M).  This part of the trial is to figure out the penalty and winding up of the entities now that they no longer have NY state business licenses.

  111. 111.

    p.a.

    @catclub: I totes enjoy my unrealized income while sitting in my unrealized palace sipping my unrealized 2013 Leroy Domaine d’Auvenay Chevalier-Montrachet Grand Cru.

  113. 113.

    Leto

    So I was reading one of the articles about Trumpov not having a jury, and this part popped out (highlight is mine):

    In all of Trump’s cases, he has elected to have a jury, Raw Story previously explained. Legal analysts have observed that in the transcripts released from the special purpose grand jury in Fulton County, Georgia, there was almost always one person who voted against the indictment while the rest of the panel did.

    “With respect to Trump, an overwhelming majority of the grand jurors recommended that the district attorney seek indictments against him for a litany of offenses related to the call,” wrote Lawfare’s Anna Bower. “Elsewhere in the report, the jurors also recommend charges against Trump in connection to separate communications with Georgia officials and other efforts to overturn the 2020 election. For each of the charges recommended for Trump, one juror—though perhaps not the same juror—voted against the charges.
    “

    I want all the glee that comes from his suffering, but then there are these little factoids that give me pause. While most of the Jan 6th defendants have gotten time, they’re not the Orange Skidmark. The cult will try to protect the leader as hard as they can, including throwing out all morals/ethics (which they already have).

  115. 115.

    JWR

    @Scout211:

    I haven’t heard much about this publication, The Messenger, but here’s how they put it. And it’s TFG, so quite believable:

    Trump’s Civil Trial Has No Jury Because ‘Nobody Asked’ for One, Judge Explains

    Donald Trump has attacked the New York State Supreme Court judge presiding over his $250 million civil fraud trial as a Democratic “politician” on a quest to financially ruin him.

    But the judge on Monday noted that it’s the former president’s fault that the case is being tried without a jury.

    Manhattan Supreme Court Justice Arthur Engoron noted that “nobody asked for” a jury trial.

  116. 116.

    smith

    @Jim, Foolish Literalist: Photographers in the courtroom but no film or sound? Seems like the wrong direction to me

    I’m pretty sure the photographs were only allowed for a matter of minutes before the proceedings were underway.

  117. 117.

    Scout211

    Thanks, all, for the links.  Full service blog, for sure.  :)

    Okay, I now believe that the attorneys didn’t file for a jury trial but I still wonder if it was a mistake, an oversight or a decision made by the attorneys.  I guess that is attorney-client privilege and we will never really know for sure.  But if she really did screw up, I wonder why she wasn’t fired by Trump?  I guess (my speculation here) is that he is always looking for a reason to appeal . . .

  118. 118.

    Baud

    Is this the first Trump trial in NYC? May be intentional not to ask for a jury. New Yorkers know and hate Trump.

  119. 119.

    Cameron

    @JWR: But it was the way he said it!  The judge looked at me and said, “Sir,” and he had tears in his eyes, “Sir, nobody asked for a jury trial.”

  123. 123.

    H-Bob

    @scav: It’s not only that ” “Lips that touch alcohol shall never be revived.”   It’s also banning alcohol consumption for everyone so that a doctor wouldn’t be in the position of treating a patient who used alcohol.

  126. 126.

    HumboldtBlue

    @Jackie: ​

    Oh, I think he’s bigly mad, this is an attack on his whole persona — the billionaire real estate baron — and he’s being exposed for being a fraud and all his claims about wealth are over-inflated bullshit, and it’s eating him alive.

    @zhena gogolia: ​ 

    Agreed.

  127. 127.

    Jackie

    @Scout211: I know that’s the reason TIFG isn’t having a jury for today’s Civil hearing. Surely she didn’t get the required paperwork turned in on time TWICE?!?

  128. 128.

    JWR

    @Scout211:

    I guess (my speculation here) is that he is always looking for a reason to appeal . . .

    That’s what I thought, too. But IANAL, (heh, far from it), and so will defer to my betters roun’ these parts. ;)

  129. 129.

    Barbara

    @JWR: Changing my comment because I realized that I am getting confused whether this is the civil suit or another criminal one?  I am having trouble keeping track. Generally,  courts hate jury trials in complicated cases even when you have a constitutional right to one, so you need to affirmatively opt in.  But even a completely novice attorney should be able to deduce the need to make sure that they know they don’t want one before turning in the form.

    ETA:  Link says it is civil fraud.  So it’s likely he won’t be able to pursue some kind of constitutional theory for why he shouldn’t be denied a jury trial notwithstanding he didn’t ask for one.

  130. 130.

    Baud

    What will really be something is if his attorneys are late filing an appeal. There’s no escaping that error.

  133. 133.

    sdhays

    @Baud: That’s what I assumed. Surely this was intentional. Perhaps a mistake (almost certainly since they should have known the facts were pretty damning, but you only need to confuse one juror – or do NY civil trials just require a majority?), but not just an accident.

  136. 136.

    cain

    @Steeplejack:

    First comment: “That’s possibly the first time in his life where he is right about something.”

    You sure he wasn’t quoting from Princess Bride?

     

  139. 139.

    scav

    @H-Bob: Oooo.  Prohibition 2.0.  Do we also have to universally ban all transfusions and blood donations to appease the Jehovah’s Witnesses?  Muslim practice might impair further development of porcine-based treatments and organs for transplant.  Will moral vegans put the kibosh on the cattle industry?  Do Catholics still not recognize divorce? Pickiest morals define law!

  140. 140.

    smith

    Here’s an encouraging bit of news: There were essentially no pro-TFG protesters  outside the courthouse today. Sure, it’s NYC, but there were smallish crowds there at the time of his arraignment in the Bragg case, and after the E. Jean Carroll decision. Heck, there really wasn’t all that much action when he was arraigned in GA. Despite all those polls showing the Goobers still devoted to their once and future king, the energy seems to be draining away.

  142. 142.

    RevRick

    I think it’s important to remember that the Supreme Court has long been a conservative/reactionary institution in our polity. It has barfed up such notable opinions as Dred Scott and Plessy v. Ferguson, plus lesser known gems as Lochner (sacred right of contract {spit}), and Cruikshank ( which made a hash of the 14th Amendment). And that latter case featured a Court appointed by Civil War era Presidents!
    It is far wiser, on our part, to see the post New Deal/Warren era Court as an aberration, rather than the rule.
    The solution must be for Congress to exercise its Article 1 powers (and Article 3, Section 2), and take a shot across its bow, so to speak. The Supreme Court cannot be allowed to become the ultimate, unaccountable arbiter of everything.

  146. 146.

    smith

    @Jim, Foolish Literalist: No surprise there — do you recall her professional attire when she made an appearance after TFG’s DC arraignment? It’s axiomatic in Trumpworld that a woman’s primary function is to serve as a sex object, regardless of any professional qualifications or responsibilities she may incidentally have.

  147. 147.

    JWR

    @Barbara:

    it’s likely he won’t be able to pursue some kind of constitutional theory for why he shouldn’t be denied a jury trial…

    Egg-cellent! And I know this has been discussed here before, but what sort of lawyer even thinks about working for the guy? (Asking rhetorically, of course.)

  150. 150.

    Sure Lurkalot

    @catclub:

    Property tax is a tax on property, which is not the same as income.

    In NY, commercial property is appraised by the assessor using its capitalized net operating income to determine its market value. So yes, it’s a property tax but it’s based on income.

  154. 154.

    trollhattan

    Dude has not yet learned when to shut his yap.

    Trump: “This is a judge that should be disbarred. This is a judge that should be out of office. This is a judge that some people say could be charged criminally for what he’s doing. He’s interfering with an election.”

    He thinks the judge cannot read.

  155. 155.

    WaterGirl

    @Leto: I am not good at spotting fakes.

    I was about to ask you to explain what you saw the led to that conclusion, but seriously, there’s no way I am looking at that photo again.  Ugh.

  158. 158.

    MisterDancer

    @HumboldtBlue: Trump really is a sideshow to media, isn’t he?

    That laugh at the end when he said “maybe” was yet another in a long line of tells; the media loves Trump, and (at best) tolerates Biden.

  160. 160.

    Roger Moore

    @MisterDancer:

    Trump really is a sideshow to media, isn’t he?

    He’s no sideshow to the media; he’s their main act.  Even ones who don’t want his policies must be attracted to the way gives them endless, easy stories.

  163. 163.

    MisterForkbeard

    @Scout211:

    The crux of the plaintiffs’ case concerns those rare complications. Plaintiffs’ attorney Hawley, who is married to Sen. Josh Hawley, the Republican from Missouri, argued that physicians who oppose abortion would be facing a moral injury if they had to care for a woman who had a complication after taking mifepristone. 

    ….okay, but what if you’re morally opposed to black people? Or drug use? Or war? Are you just allowed to let those people die for funsies?

    What a terrible, stupid argument.

  164. 164.

    JWR

    @MisterDancer:

    That “maybe” reaction to whether he would speak to them later was truly cringe. Those reporters reminded me of that line from Nirvana’s Smells Like Teen Spirit: “Here we are now, entertain us.” Indeed and harrumpf.

    ETA Edited for clarity. I hope.

  166. 166.

    rikyrah

    Cause she thought she was SPECIAL.

    HMMPH.

     

    Abby Libby (@abbythelibb_) posted at 3:46 PM on Sun, Oct 01, 2023:
    Or, and read carefully here because you seem really slow: Conservative men should treat female allies with BASIC FUCKING DECENCY.

    I LOVE THESE RESPONSES:

     

    Hannah – HLK851 on Spoutible (@HLK851) posted at 7:35 AM on Mon, Oct 02, 2023:
    Conservative men don’t treat anyone else with basic decency, why are you expecting them to treat conservative women with basic decency? I’m not being glib either, they’re in it for themselves and no one else. How is this surprising to you?

     

     

    Bernie must retire in 2024 before he declines (@Needle_of_Arya) posted at 9:29 AM on Mon, Oct 02, 2023:
    The leopard didn’t just eat her face, he ate her whole , and is presently chewing on the marrow of her metaphorical bones for the last of the flesh. I mean, those are the actual rules with white conservative people.

     

     

    Ekta Shah  (@EktaShahMD) posted at 9:34 AM on Mon, Oct 02, 2023:
    Bc she thinks she will be the exception as long as she does what they want. They always do. And she enjoys it when they do it to Black and Brown and other marginalized groups

  168. 168.

    Suzanne

    @Scout211:

    The crux of the plaintiffs’ case concerns those rare complications. Plaintiffs’ attorney Hawley, who is married to Sen. Josh Hawley, the Republican from Missouri, argued that physicians who oppose abortion would be facing a moral injury if they had to care for a woman who had a complication after taking mifepristone. 

    Then those physicians can quit. #seeya

    If physicians now get to claim moral injury if they are asked to tear anyone who ever did something they disagree with, what does that mean for people who overdose on drugs? Or get in a car accident? Or hurt themselves with a firearm or a knife?

  170. 170.

    jonas

    So I’m just now getting caught up a bit on all the drama with Trump’s NY bench trial and apparently, he’s not getting a jury trial (not that those have gone very well for him in NY lately anyway) and will very likely lose his real estate empire because his sooper-geneeus and hugely competent lawyers forgot to check a box requesting one. Ya just got to stare into the far distance, blinking slowly at that one.

    Not to worry, though. I’m sure he can at least minimize the damage and generate some sympathy by… repeatedly attacking and threatening the judge and the prosecutor on social media. 

    This guy is fucking deranged. The sooner he’s forced into bankruptcy and shuffles off this mortal coil, the better for America and humanity in general.

  172. 172.

    Barbara

    @MisterForkbeard: So, basically, her position is that society should uphold the decision of doctors whose moral judgment is that women who have complications from abortion deserve to die?

  176. 176.

    NotMax

    @jonas

    It’s a bench trial because his attorneys did not at any time file a request for jury trial, specifically before the deadline for doing so.

  177. 177.

    jonas

    @NotMax: Yeah, it seems insane. Is there any plausible reason they might have had for opting for a bench trial? Or did they just fuck up?

  178. 178.

    NotMax

    Impugning the integrity of the presiding judge and calling him names on the court house steps enough to drive Carrie Nation to drink.

  179. 179.

    cain

    @rikyrah: her twitter feed is filled with conservative women feeling betrayed because men now blame all women not just feminists.

    ::eyeroll:: Now that feed is all about how we need __good__ strong men.

  182. 182.

    randy khan

    I have been following the Florida and Texas laws for work.  It would be a huge shock if they’re not overturned – the Supreme Court overturned the 5th Circuit’s initial stay of the lower court decision and then stayed the 5th Circuits (absolutely nutty*) decision reversing the lower court decision.

     

    *When I saw absolutely nutty, I mean it – the 5th Circuit decided that it should ignore all of the previous relevant Supreme Court First Amendment cases and do a brand new kind of analysis because of (drum roll) Dobbs and the way it treated unenumerated rights.  (It decided that moderating content was an unenumerated right, and also referred to it as “censorship” throughout the decision.)  The decision more or less literally says “All of those old First Amendment cases are nice, but they don’t count now.”  This, mind you, was after the Supreme Court overturned the initial stay of the lower court decision, which is what you might call a pretty obvious tell about which way the Supremes were leaning.

  183. 183.

    Leto

    @WaterGirl: sorry, had an appointment and just now getting back to this; combination of skin tone on arm, fact an arm doesn’t bend like that, some digital artifacts that are present, her face looks pasted on (pretty sure it’s a pic of Melania with her pasted over), his jacket is shopped… I’ve seen a lot of AI style stuff because Avalune keeps track of all that stuff (in a repudiation to AI generated work), as well as the folks on Imgur help to point out all the identifying signs of crap photoshop.

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