October 31, 2019

Movie Night at the Roger Stone trial called off....

The prosecution of Roger Stone is trundling along toward trial. Taking in a quick update of the docket, this amusing filing is something of an entertaining read:

https://www.courtlistener.com/recap/gov.uscourts.dcd.203583/gov.uscourts.dcd.203583.238.0_4.pdf

Among other things, the Indictment alleges that Stone did so by invoking a scene from The Godfather Part II, with which both Stone and Person 2 were familiar. In that scene, a witness is persuaded to testify falsely before a congressional committee to avoid contradicting another witness’s false testimony. The government accordingly moved to admit a short clip from that film into evidence, so that the jury could view the very scene that Stone repeatedly invoked in his communications with Person 2.

At the September 25, 2019, pretrial conference, the Court deferred ruling on that motion and directed the parties to discuss whether there is a mutually-agreeable stipulation that would describe that film scene. Although the government respectfully believes that a written stipulation is a poor substitute for the actual scene that Stone and Person 2 were referencing, the government proposed a stipulation to the defense that describes the scene. The defense rejected the stipulation and declined to offer any changes or to propose a stipulation of its own. The defense took the position that the only evidence the government should be permitted to introduce on this point is the testimony of Person 2 about his understanding of Stone’s references to the scene.

In the government’s view, this confirms the importance of playing the short scene for the jury. That scene played a direct part in the very obstructive acts charged in this case. The question is not just how Person 2 interpreted Stone’s references to the scene, but what Stone intended by them. The evidence of Stone’s intent when referencing this scene is not limited to Person 2’s subjective understanding or recollections but also includes the scene itself, where a congressional witness succumbs to pressure and speaks the lines that Stone quoted to Person 2.

The content of this scene is an objective fact, and the best way for the jury to understand Stone’s references is to watch the very scene with which Stone and Person 2 were both familiar.

----------

Alas, it is not to be:


Oct 21, 2019

MINUTE ORDER denying 156 Motion in Limine as to ROGER J. STONE JR. (1). Upon consideration of 156 the government's motion in limine to introduce an excerpt of the movie The Godfather: Part II, 171 defendant's response, 186 the government's reply, and 238 the government's notice concerning the clip, the government's motion is hereby DENIED. Pursuant to Federal Rule of Evidence 403, the government will not be permitted to introduce the clip itself in its case in chief because the prejudicial effect of the videotape, which includes a number of extraneous matters, outweighs its probative value. The government may introduce a transcript of the clip. This ruling is without prejudice to a renewed request after the cross-examination of Person 2 or the testimony of the defendant, if any. SO ORDERED. Signed by Judge Amy Berman Jackson on 10/21/19. (DMK)

October 29, 2019

Trump Accuser Summer Zervos' Ugly Breakup With Gloria Allred

I'm old enough to remember when Gloria Allred said she'd be pursuing claims against Jeffrey Epstein's estate on behalf of his victims...

https://www.thedailybeast.com/trump-accuser-summer-zervos-ugly-breakup-with-gloria-allred


At their first press conference together, in October of 2016, Zervos sat next to Allred at a table covered in microphones, looking doe-eyed and shaken. Through tears, she told reporters that Trump had aggressively kissed her twice in 2007—at one point grabbing her breast and grinding his genitals into her at what was supposed to be a business meeting. She said the experiences—which Trump denies—had caused her “a great deal of pain and anguish.”

But one year later, Zervos filed a bar complaint against her former lawyer, claiming Allred had continued to discuss her case in the press. When she was a client of Allred's, Zervos wrote, the attorney had made inaccurate statements about her case and warned her “how much worse things would get” if she tried to leave the firm. The attorney, she continued, was an “unethical opportunist who repeatedly goes against clients’ written wishes and agreements.”

October 28, 2019

The actual Halloween hazard

Among all of the myths and legends about razor blades in Halloween candy, nobody particularly cares about this:

October 17, 2019

For those that weren't around during Watergate...

The real fun began when the defense became “oh, come on, everybody does it.”

We have entered the “everybody does it” phase.

October 16, 2019

James Fetzer gets his due

https://madison.com/wsj/news/local/crime-and-courts/jury-awards-sandy-hook-father-for-defamation-by-local-conspiracy/article_cdc741bf-4186-5ff3-af0c-e38be9f26592.html

A Dane County jury on Tuesday decided a village of Oregon conspiracy theorist must pay the father of a boy killed in the 2012 Sandy Hook shootings $450,000 for falsely claiming that the father circulated fabricated copies of his son’s death certificate.

It took the jury nearly four hours to decide on the amount James Fetzer must pay Leonard Pozner, whose son, Noah, 6, was the youngest victim of the Dec. 14, 2012, massacre in Newtown, Connecticut. The award follows Circuit Judge Frank Remington’s ruling in June that Fetzer defamed Pozner with four false statements about the death certificate. The statements appeared in a book Fetzer co-authored and edited, and in his blog.


Bra-vo, Dane County jury, Bra-vo.

Of course, he's an all-purpose go-to guy for some at DU...


JFK shite:

https://www.google.com/search?q=%22james+fetzer%22+jfk+site%3Ademocraticunderground.com

9/11 shite:

https://www.google.com/search?q=%22james+fetzer%22+%229%2F11%22+site%3Ademocraticunderground.com

October 14, 2019

Help A Corporation Use Money As Speech

I know this has been posted before, but it is worth re-posting in case people were unaware, since they have upped their offer

I'm looking forward to my Vindaloo seasoning....

http://nymag.com/intelligencer/2019/10/why-penzeys-spices-is-buying-facebook-impeachment-ads.html

But second to Trump, the entity spending the most on Facebook ads related to impeachment is a Wisconsin-based spice company, Penzeys Spices. “You may not have been paying much attention this week, but the short version is the end is very near for this terrible turn the Republican Party has taken. The president’s Ukraine scandal is the big one. I get that it can be hard to believe any scandal will stick, but this one is different,” CEO Bill Penzey wrote in a post for his page’s 645,936 followers.

Axios reported that Penzeys spent $92,000 to boost their Facebook posts on impeachment, but over the phone this afternoon, Penzey said it was actually $128,000, which seems like a lot, but is roughly a third of what the company might spend on mailing out its catalogues this month. Penzey founded his namesake company in 1986, and it does most of its business through the mail and a few dozen physical locations.

https://www.facebook.com/Penzeys/posts/10157790988477834?__tn__=K-R

For new customers purchasing online at penzeys.com every dollar you spend will go towards our Facebook promotion of impeachment and holding those responsible for this presidency possible. And as much as comments, shares and likes were a big part of what made our last post so successful, now they are more important than ever.

I know that a lot of people at DU disagree that Corporations have free speech rights that natural persons do, and that a lot of people at DU object to money being used as a proxy for speech. By all means, buy your spices elsewhere if you hold those beliefs.

Nonetheless, you can help Penzey's talk with your money, if it is a message you believe is worth promoting.

October 11, 2019

Update on the appeal in the NY Trump tax return case

There's been a flurry of activity in the NY 2nd Circuit appeal of the NY federal district court case filed to prevent the State of New York from obtaining information from Trumps' accounting firm.

My previous writeup as of the time it was filed is here:

https://www.democraticunderground.com/100212559620

Where we were is here:

10/07/2019 41
2 pg, 64.33 KB MOTION ORDER, granting motion to expedite, [14] consideration for stay pending appeal and the merits of the appeal. Appellant's brief is due on 10/11/2019 at 5:00pm. The United States Department of Justice's amicus brief in support of Appellant is due at the same time. Appellees' briefs are due on 10/15/2019 at 5:00pm. Appellant's reply brief is due on 10/17/2019 at 5:00pm. Argument will be scheduled as early as the week of 10/21/2019. The temporary administrative stay remains in effect until argument is completed, by RJL, FILED.[2675026] [19-3204]--[Edited 10/09/2019 by DGB] [Entered: 10/08/2019 11:12 AM]

Okay, so what happens after that is a flurry of appearances, people having issues with the electronic filing system, and some housekeeping notes.... most of which is scrollable....

10/08/2019 40
1 pg, 68.46 KB NOTICE OF APPEARANCE AS ADDITIONAL COUNSEL, on behalf of Appellee Mazars USA, LLP, FILED. Service date 10/08/2019 by CM/ECF. [2674869] [19-3204] [Entered: 10/08/2019 09:53 AM]

10/08/2019 42 CASE CALENDARING, for the week of 10/21/2019, PANEL A, PROPOSED.[2675046] [19-3204] [Entered: 10/08/2019 11:19 AM]

10/08/2019 44 ATTORNEY, Jerry D. Bernstein for Mazars USA, LLP, in case 19-3204 , [40], ADDED.[2675067] [19-3204] [Entered: 10/08/2019 11:26 AM]

10/08/2019 45 ATTORNEY, Jerry D. Bernstein for Appellee Mazars USA, LLP, in case 19-3204, [40], ADDED.[2675072] [19-3204] [Entered: 10/08/2019 11:31 AM]

10/08/2019 46
1 pg, 84.57 KB ACKNOWLEDGMENT AND NOTICE OF APPEARANCE, on behalf of Appellee Mazars USA, LLP, FILED. Service date 10/08/2019 by CM/ECF.[2675115] [19-3204] [Entered: 10/08/2019 11:51 AM]

10/08/2019 47
1 pg, 67.26 KB NOTICE OF APPEARANCE AS ADDITIONAL COUNSEL, on behalf of Appellee Mazars USA, LLP, FILED. Service date 10/08/2019 by CM/ECF. [2675127] [19-3204] [Entered: 10/08/2019 11:55 AM]

10/08/2019 49 CASE CALENDARING, for argument on 10/23/2019, A Panel, SET.[2675378] [19-3204] [Entered: 10/08/2019 02:40 PM]

10/08/2019 50
2 pg, 24.86 KB ARGUMENT NOTICE, to attorneys/parties, TRANSMITTED.[2675379] [19-3204] [Entered: 10/08/2019 02:41 PM]
10/08/2019 52 ATTORNEY, Nicholas Robert Tambone for Appellee Mazars USA, LLP, in case 19-3204, [47], ADDED.[2675611] [19-3204] [Entered: 10/08/2019 04:07 PM]

10/08/2019 53
1 pg, 70.63 KB ACKNOWLEDGMENT AND NOTICE OF APPEARANCE, on behalf of Appellant Donald J. Trump, FILED. Service date 10/08/2019 by CM/ECF.[2675642] [19-3204] [Entered: 10/08/2019 04:16 PM]

10/08/2019 54 NOTICE OF APPEARANCE AS ADDITIONAL COUNSEL, on behalf of Appellant Donald J. Trump, FILED. Service date 10/08/2019 by CM/ECF. [2675656] [19-3204] [Entered: 10/08/2019 04:21 PM]

10/08/2019 55
1 pg, 82.85 KB NOTICE OF APPEARANCE AS ADDITIONAL COUNSEL, on behalf of Appellant Donald J. Trump, FILED. Service date 10/08/2019 by CM/ECF. [2675659] [19-3204] [Entered: 10/08/2019 04:22 PM]

10/08/2019 56 NOTICE OF APPEARANCE AS ADDITIONAL COUNSEL, on behalf of Appellant Donald J. Trump, FILED. Service date 10/08/2019 by CM/ECF. [2675758] [19-3204] [Entered: 10/08/2019 04:58 PM]

10/09/2019 57
2 pg, 17.37 KB DEFECTIVE DOCUMENT, notice of additional counsel, [54], on behalf of Appellant, Donald J. Trump, FILED.[2675889] [19-3204] [Entered: 10/09/2019 08:49 AM]

10/09/2019 58
2 pg, 17.46 KB DEFECTIVE DOCUMENT, notice of additional counsel, [56], on behalf of Appellant Donald J. Trump, FILED.[2675972] [19-3204] [Entered: 10/09/2019 09:29 AM]

10/09/2019 59
1 pg, 62.53 KB NOTICE OF APPEARANCE AS ADDITIONAL COUNSEL, on behalf of Appellant Donald J. Trump, FILED. Service date 10/08/2019 by CM/ECF. [2676116] [19-3204] [Entered: 10/09/2019 11:03 AM]

10/09/2019 60 NOTICE OF APPEARANCE AS ADDITIONAL COUNSEL, on behalf of Appellant Donald J. Trump, FILED. Service date 10/08/2019 by CM/ECF. [2676120] [19-3204] [Entered: 10/09/2019 11:05 AM]

10/09/2019 61
1 pg, 37.24 KB MOTION ORDER, granting motion for admission pro hac vice [32] filed by Appellee Cyrus R. Vance, Jr., FILED. [2676128][61] [19-3204] [Entered: 10/09/2019 11:09 AM]

10/09/2019 62 CURED DEFECTIVE NOTICE OF ADDITIONAL COUNSEL [57], [59], on behalf of Appellant Donald J. Trump, FILED.[2676432] [19-3204] [Entered: 10/09/2019 02:15 PM]

10/09/2019 63
2 pg, 17.46 KB DEFECTIVE DOCUMENT, Notice of additional counsel, [60], on behalf of Appellant Donald J. Trump, FILED.[2676437] [19-3204] [Entered: 10/09/2019 02:19 PM]

10/09/2019 64
1 pg, 63.79 KB NOTICE OF APPEARANCE AS ADDITIONAL COUNSEL, on behalf of Appellant Donald J. Trump, FILED. Service date 10/09/2019 by CM/ECF. [2676524] [19-3204] [Entered: 10/09/2019 03:20 PM]

10/09/2019 65 CURED DEFECTIVE NOTICE OF ADDITIONAL COUNSEL [58], [63], [64], on behalf of Appellant Donald J. Trump, FILED.[2676615] [19-3204] [Entered: 10/09/2019 04:20 PM]

10/09/2019 66 ATTORNEY, Marc Lee Mukasey for Donald J. Trump, in case 19-3204 , [64], ADDED.[2676622] [19-3204] [Entered: 10/09/2019 04:22 PM]

10/10/2019 67
1 pg, 91.41 KB NOTICE OF HEARING DATE ACKNOWLEDGMENT, on behalf of Appellee Cyrus R. Vance, Jr., FILED. Service date 10/10/2019 by CM/ECF. [2677050] [19-3204] [Entered: 10/10/2019 11:16 AM]

10/10/2019 68 NOTICE OF APPEARANCE AS ADDITIONAL COUNSEL, on behalf of Appellant Donald J. Trump, FILED. Service date 10/10/2019 by CM/ECF. [2677270] [19-3204] [Entered: 10/10/2019 01:08 PM]

10/10/2019 72
2 pg, 17.32 KB DEFECTIVE DOCUMENT, notice of additional counsel, [68], on behalf of Appellant Donald J. Trump, FILED.[2677532] [19-3204] [Entered: 10/10/2019 03:48 PM]

10/10/2019 73
1 pg, 61.92 KB NOTICE OF APPEARANCE AS ADDITIONAL COUNSEL, on behalf of Appellee Cyrus R. Vance, Jr., FILED. Service date 10/10/2019 by CM/ECF. [2677637] [19-3204] [Entered: 10/10/2019 04:26 PM]

10/10/2019 74
5 pg, 790.06 KB MOTION, for admission pro hac vice, on behalf of Appellee Cyrus R. Vance, Jr., FILED. Service date 10/10/2019 by email.[2677757] [19-3204] [Entered: 10/10/2019 05:32 PM]

10/10/2019 75
1 pg, 755.42 KB NOTICE OF APPEARANCE AS ADDITIONAL COUNSEL, on behalf of Appellant Donald J. Trump, FILED. Service date 10/10/2019 by CM/ECF. [2677758] [19-3204] [Entered: 10/10/2019 05:40 PM]

10/10/2019 76 CURED DEFECTIVE NOTICE OF ADDITIONAL COUNSEL [72], [75], on behalf of Appellant Donald J. Trump, FILED.[2677773] [19-3204] [Entered: 10/10/2019 07:04 PM]

10/10/2019 77 ATTORNEY, Alan S. Futerfas for Donald J. Trump, in case 19-3204 , [75], ADDED.[2677774] [19-3204] [Entered: 10/10/2019 07:05 PM]

10/11/2019 79
202 pg, 7.67 MB JOINT APPENDIX, volume 1 of 1, (pp. 1-199), on behalf of Appellant Donald J. Trump, FILED. Service date 10/11/2019 by CM/ECF.[2678776] [19-3204] [Entered: 10/11/2019 04:26 PM]

.....thus bringing us to today:

10/11/2019 80
62 pg, 464.1 KB BRIEF, on behalf of Appellant Donald J. Trump, FILED. Service date 10/11/2019 by CM/ECF.[2678780] [19-3204] [Entered: 10/11/2019 04:28 PM]

You can read that one here:

https://drive.google.com/file/d/19jjm2qQjZAjbXHZO8cWEMx1oHJonjMg1/view

10/11/2019 83
36 pg, 214.58 KB AMICUS BRIEF, on behalf of Amicus Curiae United States Department of Justice, FILED. Service date 10/11/2019 by CM/ECF.[2678811] [19-3204] [Entered: 10/11/2019 04:49 PM]

You can read that one here:

https://www.documentcloud.org/documents/6467862-US-Brief-Trump-Tax-Case.html

I'll have a few notes later on, but have a couple of fires to put out at the moment.

October 8, 2019

Update on the motion to stay in the Trump tax return case

As discussed previously, an NY prosecutor, Cyrus Vance Jr., is seeking to obtain Trump's tax returns from his accountants in relation to an investigation being conducted by the State of New York.

Trump has filed a federal case claiming a broad immunity to disclosure of the information sought by the State of New York.

The federal district judge shot that down in a scathing decision, in response to which Trump filed a motion for a stay pending expedited review by the 2nd Circuit Court of Appeals (the federal appeals court which hears cases from New York).

The 2nd Circuit, quite predictably, granted that motion. It is quite predictable because it would be unusual, regardless of how stupid the claim might seem, for an appellate court to leave a decision concerning a direct question involving the powers and immunities of a Constitutional office in the hands of a single district court judge.

Federal appeals cases, incidentally, are heard either by a panel of three judges, or by the full bench of that appeals court for a "we really mean it" decision which usually places the case in better condition to go to the Supreme Court.

In any event, as noted here, the grant was made by the judge indicated as "RJL" on the 2nd Circuit docket:

https://www.courtlistener.com/docket/14664/trump-v-vance-jr/


MOTION ORDER, granting motion to expedite, [14] consideration for stay pending appeal and the merits of the appeal. Appellant's brief is due on 10/11/2019 at 5:00pm. The United States Department of Justice's amicus brief in support of Appellant is due at the same time. Appellees' briefs are due on 10/15/2019 at 5:00pm. Appellant's reply brief isdue on 10/17/2019 at 5:00pm. Argument will be scheduled as early as the week of 10/21/2019. The temporary administrative stay remains in effect until argument is completed, by RJL, FILED.

As is usually the case with these sorts of things, a number of persons here decided the judge was corrupt, not paying attention, on Trump's side, etc..

As is also usually the case with these sorts of things, I will continue to point out that the enemies of this country would like nothing better than for us to give up on our system of government, including the ability to change it, and the institutions which are designed to preserve it.

This is the judge whom those persons here at DU decided to attack and accuse of corruption, without even knowing who it was:

https://en.wikipedia.org/wiki/Raymond_Lohier

He was the chief of the securities and commodities fraud task force in the criminal division of the U.S. Attorney's office. He was recommended by Sen. Charles Schumer for the nomination to the seat on the United States Court of Appeals for the Second Circuit that was vacated by Sonia Sotomayor when she was elevated to the Supreme Court of the United States. Lohier is the first Haitian American to serve as an Article III Federal Judge and to be confirmed (unanimously) by the United States Senate as a Judge for the Second Circuit in New York. He was mentioned as a possible candidate for the Supreme Court by President Barack Obama.

October 8, 2019

Minor point - 2/3 of the Senate is not required to convict

6: The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.

------

"Two thirds of the members present".

I would strongly suggest that, in the event of Impeachment, that GOP senators be encouraged to refuse to attend as a protest against the sham of a travesty or a witch hunt, or whatever.

Some of them might miss their flights, oversleep... who knows.

October 7, 2019

Can someone explain this about Joshua Brown (Guyger witness)

Joshua Brown, the witness in the Guyger trial who was recently shot to death, was also a witness to another shooting, in which the suspected shooter, who also shot Brown, is out on bond:

https://www.nydailynews.com/news/national/ny-joshua-brown-shot-killed-witness-guyger-botham-jean-dallas-20191007-itzbrsujbrc5llfuqvhhxz7rfm-story.html


Brown had himself been wounded in a separate shooting, last November, outside a nightclub in northwest Dallas, according to reports. After a fistfight between him and another man, someone pulled a gun and began shooting, WFAA said. The conflict left another man dead.

In that shooting, Kendall Deshonn Morris, 26, was charged with murder in the death of 25-year-old Nicholas Shaq’uan Diggs, according to The Dallas Morning News at the time. Morris is out on bond, reported WFAA-TV.


There is a high level of certainty among DUers that Brown was shot in some kind of "revenge" for his testimony in the Guyger case, even though she pretty much sunk herself with her own testimony by stating that she intended to kill the person she believed to be in her apartment. Texas homicide statutes are very unlike those of many other states and plain "murder" is simply unlawful homicide with intent to kill. In other words, a mistake of fact is not as important as whether the person had a homicidal intent.

Be that as it may, Brown is obviously a witness in the murder trial of Kendall Morris, who also shot Brown.

After testifying in the Guyger trial, Brown moved out of the complex where Guyger and Jean had both lived, which would certainly be a good idea for a shooting victim and prospective murder witness whose address was made a matter of national news coverage.

But, in all of this, I'm curious to know what facts lead people to be so certain that his murder has to do with his testimony in the Guyger case. Shooting someone after they testify seems much less effective than shooting them before they testify, and his upcoming testimony would apparently have been important, considering that he was a participant in the altercation that led to the death of Nicholas Diggs.

So, if you are sure it was the Dallas police, can you explain the facts and reasoning that lead you to exclude persons related to the other murder case in which he was one of the people shot?

More info on that other shooting here:

https://www.dallasnews.com/news/crime/2018/12/13/man-arrested-in-fatal-shooting-outside-dallas-strip-club-after-thanksgiving/

While at one of the clubs, the group ran into Brown, who also went to the strip club on Walnut Ridge.

The second suspect waited for Brown outside the club to fight him. The men fought in the middle of the street. Afterward, Brown and his friends tried to leave, according to an arrest warrant affidavit.

That's when Morris reached into a Chevrolet Avalanche, pulled out a gun and handed the weapon to the other suspect, witnesses told police, the warrant says.