E. Jean Carroll

Donald Trump is a Hypocrite on First Amendment Rights

by Dave

Donald Trump is angry as he claims the government has taken away his right to speak. It didn’t. A jury in Manhattan court found Trump guilty of libel in a private civil lawsuit on January 26, 2024. Of course, he will appeal the case. The plaintiff, E. Jean Carroll, will not receive anything until all appeals are exhausted. 

Donald Trump has sued a long list of individuals and organizations for defamation, and has lost just about every case. He knows better than anyone else, how tough it is to win a defamation case. But, he seems to like suing, if for no other reason, as a means of revenge to people who criticize him. Honestly, it seems always to backfire on him!

“We are going to take a strong look at our country’s libel laws, so that when somebody says something that is false and defamatory about someone, that person will have meaningful recourse in our courts,” Mr. Trump said during a public portion of a cabinet meeting in the White House. (New York Times, January 10, 2018)

“We want fairness,” the president said. “Can’t say things that are false, knowingly false, and be able to smile as money pours into your bank account. We are going to take a very, very strong look at that, and I think what the American people want to see is fairness.” 

No legislation was ever proposed.  Any legislation would have been opposed by civil liberties groups. As a plaintiff in these lawsuits, Trump really could not care about civil liberties. It was all about revenge and it failed almost every time.

Trump sued the internet news site, Buzzfeed for publishing the Steele dossier. Trump sued Fusion GPS for paying for the investigation. Trump also sued Hillary Clinton and many others in 2022, alleging “a malicious conspiracy to disseminate patently false and injurious information about Donald J. Trump and his campaign, all in the hope of destroying his life, his political career, and rigging the 2016 Presidential Election in favor of Hillary Clinton.” All these lawsuits were dismissed. The 2022 lawsuit was dismissed and the Judge awarded nearly one million dollars to all the defendants who had to defend themselves against Trump’s political lawsuit.

Trump sued the New York Times and the reporters over a 2018 investigation into his finances and taxes that was based in part on confidential tax records. The Times easily won the case because the information of true. Then on January 12, 2024, the Judge ordered Trump to pay the Times and three of its reporters nearly $400,000 to cover their legal costs.

However, when Trump is sued for the dissemination of false and injurious statements, then he loves the First Amendment. This is why Donald Trump is a hypocrite. You just can’t have it both ways! He lost as a plaintiff attacking the New York Times on January 12, 2024 and then big time loss as Trump was a defendant with a 83.4 million dollar judgement on January 26, 2024.

If you have information that is true, you have a right to say it, and the forum doesn’t matter. That’s freedom of speech. His fraud case is expected to conclude soon, and it is all about Trump’s dishonesty.

In March 2024, Trump will be back in court, with the charge will be that he approved payment to Stormy Daniels and Karen McDougall to keep them silent during the 2016 election. He used campaign funds to keep them silent. As the evidence will show, it’s not dirty politics; it is criminal. And it absolutely runs counter to the rights of individuals to speak in public, about what they witnessed and know is true.

Trump can’t blame the government. He did this to himself.

I predict Trump will lose again in March 2024. And he will lose this presidential immunity case, now in the Appellate court. Candidate Trump is both incredibly dishonest and a hypocrite.

Stay tuned,

Dave 

PS: Almost forgot to include Trump’s attack on Marvin Ruffman, in 1990, who correctly predicted the downfall of Trump’s eighth wonder of the world, the Taj Mahal in Atlantic City. You can search for this blog. It is a pattern of insults and bullying that goes back decades. 

Quick Updates: Presidential Immunity hearing and Business Fraud Case

by Dave

In the Appellate Court in Washington, DC, January 9 was an historical moment as Trump lawyer, John Sauer argued that an ex-president had absolute immunity to any criminal acts that occurred during his presidency. The consensus of experts in this area suggested that the hearing did not go well, and the Appellate Court will likely rule against him. Neither Trump nor the Special Prosecutor have advocated the “offramp” option, that is leaving the immunity claim to after the trial. This argument was filed as a amicus (friend of the court) brief.

I think if oral arguments did anything, it was to close off the offramp. At least I hope so. Thank God for this! Trump will appeal all judgments against him, whether it is this case, the documents case or the Georgia conspiracy case, which will be particularly messy. 

Lawfare report by Anna Bower: Trump and Smith, Reunited at the DC Circuit

Superb reporting by Ms. Bower from inside the courtroom, particularly noted for bits of humor sprinkled into a very serious matter. The bottom line is that there is no legal precedent for absolute immunity, and granting Trump’s claim would be a massive increase in presidential power. 

If the Supreme Court opts to take up this case, the six conservative judges will likely not come to Trump’s rescue, as they are loathed to construct new ex-presidential rights. They openly criticize the liberals on the bench as acting like legislators and expanding rights beyond the plain meaning and historical context of the law. 

The argument made by Trump’s lawyers is that he maintains immunity, because the House acquitted him of wrongdoing in the January 6 violence. At that time, Mitch McConnell remarked that the House was not clearing him of wrongdoing, as he could still face criminal charges since he was out of office. Now, ironically, his defense is turned around, and the argument is that the House did clear him, so he can’t face criminal charges.

The Special Counsel, Jack Smith, is probably very focused on the calendar and delay tactics right now. Smith lost in his attempt to skip over the Appellate court, and immediately be heard in the Supreme Court.  Court observers note that it is virtually impossible for the trial to begin on March 4, 2024. 

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Then yesterday January 11, 2024, the business fraud civil case was all abuzz as it was time for closing arguments. A hasty attempt to allow Donald Trump to speak fell through, as there was no agreement to restrain Trump from a return to the campaign rhetoric. Closing arguments are supposed to be directed at the judge, in a last attempt to go easy on Trump and his boys, Donald, Jr. and Eric. Trump’s three lawyers gave a normal summation of the case, arguing that there was no real harm done by the occasional overvaluation.

The judge finally let Trump have his say, and it is unlikely anything Trump said was within bounds for the case. Trump stated what was out of bounds was the entire case against him. His five minute rant likely will be completely ignored by the judge.

Link: Donald Trump defies judge, gives courtroom speech on tense final day of New York civil fraud trial

The state is seeking 370 million dollars. I think they’ll win and Trump will appeal. The judge will submit his written decision near the end of January.

Then, it will be on to the next, which is E. Jean Carroll defamation lawsuit, Part II, which is centered on defamatory statements Trump made immediately after being found guilty of defamation, scheduled to start January 16. Also, on deck is the Hush Money case, scheduled for March 20. So, note to court reporters, look for extended stay options in Manhattan. 

Stay tuned,

Dave