Judges In Wonderland: The Trump Trials

Judges In Wonderland: The Trump Trials

Judges In Wonderland: The Trump Trials

Why do the judges in the current Trials of President Donald Trump (DJT) make me think of “Alice in Wonderland” and rabbit holes? I know that there are those of you out there who despise the very idea that a crass blowhard like DJT exists on this planet. Speaking of holes, if one opened up and swallowed Donald Trump whole, those people would dance a jig. But, the judges in Trump’s cases are straight out of fantasy world. I don’t remember following any White Rabbit, but here we are. Just today for example, it was bizarre.

First, let’s look at the New York City case brought by E. Jean Carroll. Back in May, a jury found Donald Trump did not rape Carroll, but found him liable for assault and defamation. DJT sued her back, as you do, for defamation, but the judge dismissed the case saying that Carroll’s claim that Trump raped her is “substantially true”. From Yahoo:

In his counterclaim, Trump said Carroll “made these statements knowing each of them were false or with reckless disregard for their truth or falsity”.

Dismissing the counterclaim, Judge Kaplan provided an unsparing analysis of the legal issues that informed the New York verdict. He wrote: “The only issue on which the jury did not find in Ms Carroll’s favour was whether she proved that Mr Trump ‘raped’ her within the narrow, technical meaning of that term in the New York penal law.

In his counterclaim, Trump said Carroll “made these statements knowing each of them were false or with reckless disregard for their truth or falsity”.

Dismissing the counterclaim, Judge Kaplan provided an unsparing analysis of the legal issues that informed the New York verdict. He wrote: “The only issue on which the jury did not find in Ms Carroll’s favour was whether she proved that Mr Trump ‘raped’ her within the narrow, technical meaning of that term in the New York penal law.

“The jury … was instructed that it could find that Mr Trump ‘raped’ Ms Carroll only if it found that he forcibly penetrated Ms Carroll’s vagina with his penis.

“It could not find that he ‘raped’ her if it determined that Mr Trump forcibly penetrated Ms Carroll’s private sexual parts with his fingers – which commonly is considered ‘rape’ in other contexts – because the New York penal law definition of rape is limited to penile penetration.”

The language makes a Southern Lady blush. This judge makes me think of Humpty Dumpty:

 “When I use a word,” Humpty Dumpty said in rather a scornful tone, “it means just what I choose it to mean—neither more nor less.”
 “The question is,” said Alice, “whether you can make words mean so many different things.”
 “The question is,” said Humpty Dumpty, “which is to be master—that’s all.”

Judge Kaplan is the master and he gets to decide.

Next, up is the case in Washington, D.C.. The Election Interference Case. This is really a First Amendment case and Special Persecutor Jack Smith wants to limit Trump’s speech further. Jack Smith got his petticoats in a twist because Trump Truthed, “You come after me, I’m coming after you”. He didn’t mention an A-10 Warthog or Napalm, so I don’t get it, but Smith is a delicate bully like most. He has filed to prohibit Trump’s sharing: From Politico:

“The government cannot preclude the assistance of those individuals, nor should President Trump be required to seek permission from the Court before any such individual assists the defense,” Trump’s attorney John Lauro wrote in a filing that seeks to govern the handling of the mountains of evidence prosecutors have gathered and are preparing to share with Trump’s team.

“Such a limitation or requirement would unduly burden President Trump and impede the efficient preparation of his defense,” Lauro continued.
The matter now falls to U.S. District Court Judge Tanya Chutkan, who ordered Lauro to respond to prosecutors’ proposed protective order by Monday at 5 p.m. She may either rule on the matter or seek additional argument at a hearing in the case. Prosecutors are due to propose a trial date by Thursday.

Lauro said the blanket restriction on disclosing any evidence prosecutors provide is draconian and should be narrowed to limit the treatment only of materials deemed “sensitive” — such as those containing personally identifying information, grand jury subpoena returns, sealed search warrant returns and recordings or transcripts of witness interviews.

Judge Tanya Chutkin is the Red Queen, naturally, in our Rabbit Hole Adventure. Last night, she order a hearing for the Protective Order on August 11:

Following a day of rapid back and forth between Jack Smith and the DOJ and Donald Trump and his legal team, Federal Judge Tanya Chutkan has issued a minute order for a hearing no later than August 11th to hear both parties proposals on the DOJ’s motion for a protective order over discovery.
The judge asked Trump’s legal team and the Special Counsel to confer and file a joint notice of two dates and times on or before August 11th, 2023 when both parties are available for a hearing.
Chutkan has waived Defendant Trump’s requirement to appear at this hearing.

Finally, a little good news. Judge Aileen Cannon is hearing the “documents” case in Florida. Maybe she is the Duchess in Wonderland?

Why is a Grand Jury in D.C. investigating the documents case? Because the goal is to get Trump.

This Rabbit Hole is too much for me. I am going to find that White Rabbit and get out of here.

Featured Image: Gage Skidmore/flickr.com/cropped/Creative Commons

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