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You are here: Home / Politics / Trumpery / Trump Crime Cartel / Destroying the Justice Department One Step at a Time

Destroying the Justice Department One Step at a Time

by John Cole|  September 8, 20208:13 pm| 126 Comments

This post is in: Trump Crime Cartel

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Trump really think the Justice Department is his and Barr loves acting like his fixer:

In a highly unusual legal maneuver, the Department of Justice moved on Tuesday to replace President Trump’s private lawyers and defend him against a defamation lawsuit brought in a New York state court by the author E. Jean Carroll, who has accused him of raping her in a Manhattan department store in the 1990s.

Lawyers for the Justice Department said in court papers that Mr. Trump was acting in his official capacity as president when he denied ever knowing Ms. Carroll and thus could be defended in court by government lawyers — in effect underwritten by taxpayer money.

Citing a law called the Federal Tort Claims Act, the department lawyers asserted the right to take the case from Mr. Trump’s private lawyers and move the matter from state court to federal court. The law gives employees of the federal government immunity from lawsuits, though legal experts said that it has rarely, if ever, been used before to protect a president.

Ms. Carroll’s lawyer said in a statement issued Tuesday evening that the Justice Department’s move to intervene in the case was a “shocking” attempt to bring the resources of the United States government to bear on a private legal matter.

Flop sweat.

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Previous Post: « Tuesday Evening Open Thread: “DeJoy in Mudville”
Next Post: Puzzling Evidence »

Reader Interactions

126Comments

  1. 1.

    PPCLI

    September 8, 2020 at 8:20 pm

    This is really a desperate maneuver. This raises the profile of this case 100 fold, and now it will be big headline news. Why pay that forseeable price? It must be something huge.

    I suspect the real value of this is getting it out of state court. They know if Trump is forced to give up that DNA sample he is cooked, so they need to find friendlier judges fast.

  2. 2.

    scott (the other one)

    September 8, 2020 at 8:23 pm

    William Barr needs to be disbarred. No pun intended, because there is nothing funny about the situation. Even if it’s almost entirely symbolic, because symbolism matters.

  3. 3.

    JMG

    September 8, 2020 at 8:23 pm

    If we retrofit this theory, Bill Clinton got a blow job as part of his Presidential duties.

  4. 4.

    Poe Larity

    September 8, 2020 at 8:24 pm

    Kings and Emperors do not have “private” lawyers.

    How many centuries do we have to go back?

  5. 5.

    gene108

    September 8, 2020 at 8:26 pm

    @JMG:

    Whatever the Paula Jones settlement was would have been paid by the U.S. Treasury.

    Also, how is it legal to move a state case to a federal case, without it even going to trial or appealed?

    IANAL, so please explain that to me.

  6. 6.

    prostratedragon

    September 8, 2020 at 8:27 pm

    acting in his official capacity as president
    Does the New York State court get to adjudicate this? I’m not so bereft of entertainment options these days that I’d look forward to the DOJ arguing this point, but what in Hell would they say?

  7. 7.

    Mike in NC

    September 8, 2020 at 8:28 pm

    As a rich fucker who whined about government all his life (taxes! regulations! minimum wage!) it was obvious that Trump’s vision from Day One was to gut and break apart the federal executive branch. Career government civil servants to him are merely the hired help, and he thinks he should be able to fire them all at will for not kissing his fat ass often enough.

  8. 8.

    Geoboy

    September 8, 2020 at 8:29 pm

    Every last one of these clowns who voluntarily participates in this stuff – throw them out of work, strip them of their licese to practice law permanently, and let them see how much fun it is to make the monthly mortgage payment on a McMansion when you’re handing fries out the window at the local McDonalds.

  9. 9.

    gene108

    September 8, 2020 at 8:31 pm

    @John

    Flop sweat.

    Describes me in regards tot his right now. I have no doubt in my mind a judge like Neomi Rao, or Karen Henderson (GHWB appointee, who ruled with Rao in favor of Flynn) would absolutely agree to whatever Barr wanted. And we do not know how many of these Republican judges are actually out there that would do whatever it took to put Party over country and the rule of law.

  10. 10.

    John Revolta

    September 8, 2020 at 8:32 pm

    So, the argument is that they’re not defending “Donald Trump”, they’re defending the “POTUS”.

    Fine. But where does it say that it’s the Dept. of Justice’s job to do THAT?

  11. 11.

    prostratedragon

    September 8, 2020 at 8:33 pm

    More from Ms. Carroll’s lawyer, Robbie Kaplan.

  12. 12.

    geg6

    September 8, 2020 at 8:34 pm

    How is this even possible?  Do they even have any defense attorneys on staff?

  13. 13.

    laura

    September 8, 2020 at 8:35 pm

    The president is a broke ass joke and has decades of experience spending other people’s money to dig his crooked ass out of so many ditches. E. Jean Carroll is on one righteous quest and I wish her well in this endeavor.
    Bill Barr should be spat upon and dragged for filth the rest of his life at the least.

  14. 14.

    Roger Moore

    September 8, 2020 at 8:37 pm

    @PPCLI:

    Why pay that forseeable price? It must be something huge.

    He’s been ordered to provide DNA, I assume to match semen on an article of clothing she kept.  He is obviously willing to do anything to keep that from happening.

  15. 15.

    Cheryl Rofer

    September 8, 2020 at 8:37 pm

    Bill Barr has moved up to take on MIchael Cohen’s job

  16. 16.

    sanjeevs

    September 8, 2020 at 8:37 pm

    @Roger Moore: Guilty as fuck

  17. 17.

    oldgold

    September 8, 2020 at 8:38 pm

    Trump is fighting providing a DNA sample that, if she is lying, would expeditiously and objectively exonerate him.  What does that suggest?

  18. 18.

    lurker

    September 8, 2020 at 8:38 pm

    @gene108: Many cases under federal law are only available (proper subject matter jurisdiction) in federal court – the FTCA is one of those laws, along with various others, such as admiralty, patents and copyrights but not trademarks, and all sorts of other issues.

     

    In this case, the FTCA is normally applied to situations where there is a personal tort claim, such as a slip and fall at a government office.  Because it is the U.S. government on the other end of the case, special rules apply, and Congress set up the FTCA to deal with it.  If the FTCA was not there, someone might not be able to sue the government at all, based on the Constitution, so having the law there is a good thing.

    It is not really meant to deal with a libel or slander situation, as government employees are not supposed to be in the business of saying things that are actually or potentially libelous or slanderous.  However, injury from speech or printed comments is still considered a personal tort, and potentially falls under the FTCA, if the person accused of false public statements is acting in an official U.S. government capacity.  That’s how this case gets under the FTCA.  Other presidents would likely not get into this situation…

     

    The other thing at play here is something called removal.  If a case is alleged to be exclusively federal jurisdiction, such as a case under the FTCA, removal to a federal court is automatic upon notification through a request to remove in the state court proceeding – theoretically the case was never properly in state court in the first place.

     

    Where this potentially gets more interesting is that one of the first things the federal court will look at is whether removal was proper.  If the case is not really a federal case, the federal court will remand the case back to the state court to pick up where they left off.  That kind of remand can leave the litigant in the position of dealing with a frustrated state court judge.

     

    In this case, chances are that the case will ultimately make its way back to state court.  However, any reasonable guess would be that this would not happen until after the election, and maybe even after the second term inauguration, so the Trump side of things probably sees some advantage in delay.  For example, the dna sample will not be dealt with until after that time frame, whether in state or federal court.

  19. 19.

    Brachiator

    September 8, 2020 at 8:39 pm

    In a highly unusual legal maneuver…

    Copy editors must grimly guffaw whenever they start a paragraph with this. Must happen a lot these days.

  20. 20.

    scav

    September 8, 2020 at 8:40 pm

    jus primae noctis expanded to jus anyold noctis and the to-be-officially-defended right for anytime during the life of an anointed president. No doubt Barr will soon be relitigating that Time Out his Orangeness endured in pre-school.

  21. 21.

    Baud

    September 8, 2020 at 8:44 pm

    @lurker:

    The FTCA definition of “employee” doesn’t fit the president, but I agree that the goal is delay.

  22. 22.

    Another Scott

    September 8, 2020 at 8:45 pm

    @lurker:  Thank you.

    Cheers,

    Scott.

  23. 23.

    Jim, Foolish Literalist

    September 8, 2020 at 8:46 pm

    @Cheryl Rofer: and given interviewers a new first line of questioning as Cohen starts his media book tour– “Is Bill Barr doing the same sort of thing you used to do as trump’s “fixer”? “

  24. 24.

    PPCLI

    September 8, 2020 at 8:46 pm

    @Roger Moore: Well, yes. If you read the rest of my comment, you’ll see this was a rhetorical question.

  25. 25.

    MomSense

    September 8, 2020 at 8:48 pm

    @oldgold: 

    He does not want that DNA sample in circulation. There are more victims

  26. 26.

    Kay

    September 8, 2020 at 8:48 pm

    Gross, corrupt people. The stench coming out of the Trump DOJ has become overwhelming.

    How is anything they do credible or trustworthy given how completely they’ve compromised themselves? They can’t wall the Trump corruption off from the rest of their work- the whole thing is dirty now. All these people who think they’re escaping this unscathed are delusional. The rot spreads ever day.

  27. 27.

    John Revolta

    September 8, 2020 at 8:48 pm

    I just read a little more about this. Apparently if the DoJ takes over the defense, and loses, the Government (read: you & me) could be responsible for paying any damages. This is probably the real reason for this maneuver.

  28. 28.

    prostratedragon

    September 8, 2020 at 8:48 pm

    @Jim, Foolish Literalist:  Let’s hope they use it, or that Cohen himself makes the observation.

  29. 29.

    Gravenstone

    September 8, 2020 at 8:49 pm

    @oldgold: He’s likely abused so many women throughout his life, I’d be surprised if he remembers many individual incidents. He’s probably assuming he might have done it, because he’d done it to others. Basically has to take every accusation that gets this close to him seriously, because he probably can’t say one way or another whether she was one of those victims.

  30. 30.

    Baud

    September 8, 2020 at 8:50 pm

    What’ll be interesting to see is what the Biden DOJ will do with this case, since there’s no mechanism I’m aware of for reversing this process.

  31. 31.

    JoyceH

    September 8, 2020 at 8:53 pm

    @Baud:

    I agree that the goal is delay.

    I think there’s more to it than that. This case could just be kept percolating along for two months and get it past the election. Making this weird move ensures headlines, which will be bad publicity regardless of the outcome.

    Seems to me that only one thing explains this – that Trump is so broke he can’t continue paying his lawyers.

  32. 32.

    Sab

    September 8, 2020 at 8:54 pm

    OT: I love E Jean Carroll. I am a luddite so I can’t link, but google “Miss Jean’s Wild Ride” from Outside Magazine. Sort of a goofy east coast variant on “Travels with Charlie.”

  33. 33.

    lurker

    September 8, 2020 at 8:55 pm

    @Baud: Thinking it through a little bit, without research, the DOJ could reverse course under a Biden administration, which would result in a remand.  Not specifically within my wheelhouse, and there are some institutional considerations which would get tricky.  However, the idea of the DoJ going to a court and saying we should not have proceeded with this case was recently tried out in a criminal prosecution involving some fellow named Michael Flynn.  Not obvious that they could not confess error on this one and thereby allow for a remand

     

    The bit about liability for damages is a good point as well.

  34. 34.

    Kay

    September 8, 2020 at 8:57 pm

    What a pathetic chapter in a public service career. They’re all Michael Cohen now, cleaning up the sleazy Trump family messes.

    When they took these jobs did they picture themselves defending a crooked real estate developer and his country club buddies?  Because that’s where they are. Oh, well. We all make choices. This is theirs.

  35. 35.

    Kay

    September 8, 2020 at 8:58 pm

    @Sab:

    I like her too. I also find her credible. I believe what she said happened, happened.

  36. 36.

    Baud

    September 8, 2020 at 9:00 pm

    @lurker:

    The FTCA doesn’t expressly provide for a retraction of a certification.  It does say that the district court can declare the certification was wrong.

  37. 37.

    WaterGirl

    September 8, 2020 at 9:01 pm

    @lurker: Thanks for explaining all of that to us.

  38. 38.

    TS (the original)

    September 8, 2020 at 9:01 pm

    @Cheryl Rofer:

    Bill Barr has moved up to take on MIchael Cohen’s job

    The latter is now being interviewed on Rachel’s show

  39. 39.

    Another Scott

    September 8, 2020 at 9:03 pm

    Oh, and of course the FTCA doesn't ALLOW you to sue the United States for defamation, so if Trump's DOJ succeeds in convincing a court to substitute the United States for him as defendant, then that will be the end of the suit — and E. Jean Carroll will have no remedy at all.

    — Leah Litman (@LeahLitman) September 8, 2020

    True? No idea.

    (via nycsouthpaw)

    Cheers,
    Scott

  40. 40.

    patrick II

    September 8, 2020 at 9:04 pm

    @Roger Moore:

    She kept the coat she was wearing.  It was hanging untouched (I have the feeling from revulsion) for all of these years.  When she appeared on TV interviews it hadn’t seemed to occur to her that it was evidence.  A friend suggested it was and should be tested.  Evidently they found DNA.  So, here we are, a rapist president, and that may not even be his worst crime.

  41. 41.

    SiubhanDuinne

    September 8, 2020 at 9:04 pm

    @prostratedragon:

    Let’s hope they use it, or that Cohen himself makes the observation.

    He’s already done so. The very first chapter (foreword) of his book says so, explicitly.

    I see the men who have replaced me and continue to forfeit their reputations by doing the President’s bidding, no matter how dishonest or sleazy or unlawful. Rudy Giuliani, William Barr, Jared Kushner, and Mike Pompeo are Trump’s new wannabe fixers, sycophants willing to distort the truth and break the law in the service of the Boss. All this will be to no avail. Trump doesn’t want to hear this, and he will certainly deny it, but he’s lost without his original bulldog lawyer Roy Cohn, or his other former pit bull and personal attorney, Michael Cohen.

  42. 42.

    WaterGirl

    September 8, 2020 at 9:05 pm

    @Baud:  Would you mind explaining the implications of that distinction?

  43. 43.

    Jim, Foolish Literalist

    September 8, 2020 at 9:06 pm

    @TS (the original): interesting that Rachel launched straight into the interview. I wonder if she saw all the critiques of a couple of her recent dragged-out intros

  44. 44.

    Omnes Omnibus

    September 8, 2020 at 9:06 pm

    @lurker: However, injury from speech or printed comments is still considered a personal tort, and potentially falls under the FTCA, if the person accused of false public statements is acting in an official U.S. government capacity.

    No issues with you here.  My question is how is it possible that a statement to the effect of “I couldn’t have raped her because she’s not my type” be within the scope of his official duties.

  45. 45.

    lurker

    September 8, 2020 at 9:06 pm

    @Baud: Pretty sure that is uncharted territory then (shocking in this situation).  I can see that being an interesting discussion in court.  Federal judges are generally small c conservative, but I can see them finding a way to get a case off their docket, particularly one like this which would be an annoying hot potato.

     

    @WaterGirl: Happy to explain, however I think baud is contributing important points as well, however many bits at a time.

     

    Still trying to find a place for my baud campaign yard sign…

  46. 46.

    Elizabelle

    September 8, 2020 at 9:07 pm

    @TS (the original): 

    Talk about a poker face. No expression on Cohen’s face as he listens.

  47. 47.

    Baud

    September 8, 2020 at 9:08 pm

    @WaterGirl:

    There’s no formal way that I know of for the next AG to retract the legal maneuver that Barr is using.  The statute says that the federal court may send the case back to state court if the court finds that Barr acted wrongly.

    If I’m right, then the Biden DOJ would have to argue to the court that Barr was wrong and the court would make a decision.

  48. 48.

    Omnes Omnibus

    September 8, 2020 at 9:09 pm

    @WaterGirl: You can’t take it back, but a court can do it for you.

  49. 49.

    TS (the original)

    September 8, 2020 at 9:10 pm

    @Jim, Foolish Literalist:

     I wonder if she saw all the critiques of a couple of her recent dragged-out intros

    I wondered if it was pre-recorded??

  50. 50.

    Another Scott

    September 8, 2020 at 9:12 pm

    @lurker: I see what you did there…

    :-D

    Cheers,
    Scott.

  51. 51.

    J R in WV

    September 8, 2020 at 9:13 pm

    @Geoboy:

    …let them see how much fun it is to make the monthly mortgage payment on a McMansion when you’re handing fries out the window at the local McDonalds.

    And exactly which MdD’s manager would hire a felon to handle Fries? Not gonna happen. Sweeping a street in front of a NYC Richy Rich tower maybe. Studying to be a doorman helper.

  52. 52.

    lurker

    September 8, 2020 at 9:14 pm

    @Omnes Omnibus: Defending the substance of this move is not something I would want to try to take on – my explanation was intended to clarify how the case could move from state to federal court.  All of this is offhand analysis based on some general experience.

    I am not at all certain that suing the U.S. for the causes of action in this case (various forms of defamation, slander) is available under the FTCA, so that could either lead to the case being dismissed (Trump wins) or the case being held to not be an FTCA case, which goes back to the state court (not what Trump wants).

     

    Any reading of my explanation as a defense of this move is reading something I did not intend – I can see a potential legal argument for it, but not one I would want to make.

     

    Am also likely to sign off soon to deal with real world issues..

  53. 53.

    Jim, Foolish Literalist

    September 8, 2020 at 9:17 pm

    @TS (the original): feels like it to me– frankly I think more of these remote interviews should be pre-recorded and edited for glitches and cross-talk (not Maddow specific)

    I hope Cohen gets more attention brought to the house in FL and the Russian fertilizer magnate they’re talking about. That’s always struck me as too crazy to be legit.

  54. 54.

    WaterGirl

    September 8, 2020 at 9:18 pm

    @Baud:  @Omnes Omnibus:

    Thank you.  Thank you.

  55. 55.

    WaterGirl

    September 8, 2020 at 9:18 pm

    @Omnes Omnibus:

    My question is how is it possible that a statement to the effect of “I couldn’t have raped her because she’s not my type” be within the scope of his official duties.

    This sentence is a thing of beauty.

  56. 56.

    Goku (aka Amerikan Baka)

    September 8, 2020 at 9:19 pm

    @Baud:

    Couldn’t Biden’s DOJ just reassign lawyers to the case on the orders that they are to do a really shitty job?

  57. 57.

    WaterGirl

    September 8, 2020 at 9:20 pm

    @lurker:  Now that you’ve commented, please don’t be a lurker any longer.  :-)

    Edit: What you said in #52 is exactly how I read your comment in the first place.

  58. 58.

    Another Scott

    September 8, 2020 at 9:21 pm

    @WaterGirl:  Similarly, …

    Hard to imagine a general counsel’s office anywhere in corporate America would argue that an executive sneering “she’s not my type” about a woman who had accused the executive of rape was part of doing that executive’s job, but that’s what Bill Barr’s DOJ is arguing. https://t.co/xVTDD9Qd6c

    — southpaw (@nycsouthpaw) September 8, 2020

    Yup.

    But Donnie is Lord God Emperor of All the Realms, so the rules don’t apply, donchaknow.

    (groucho-roll-eyes.gif)

    Here’s hoping that EJC takes him to the cleaners.

    Cheers,
    Scott.

  59. 59.

    Kay

    September 8, 2020 at 9:21 pm

    @SiubhanDuinne:

    Cohen is more honest than they are. By a mile. Trump was Cohen’s client. Cohen never pretended otherwise. These people are pretending to work for the United States and being paid by the people of the United States, while in fact serving only Donald Trump.

  60. 60.

    TS (the original)

    September 8, 2020 at 9:23 pm

    @Another Scott:

    Here’s hoping that EJC takes him to the cleaners.

    As mentioned earlier, it would seem this manoeuvre is designed to ensure the American people, rather than trump, pay the bill.

  61. 61.

    Jim, Foolish Literalist

    September 8, 2020 at 9:23 pm

    Dan Nexon@dhnexon·10m
    In the end, it was the establishment Republican who turned the DoJ into the president’s patrimony.

    Not the off-kilter hard-right Senator.
    Not the sketchy toilet-bowl guy.
    The thoroughly establishment Republican.

  62. 62.

    Aleta

    September 8, 2020 at 9:24 pm

    @lurker:  @lurker:  Thanks.  I appreciate your clarity.

  63. 63.

    SiubhanDuinne

    September 8, 2020 at 9:26 pm

    @Kay:

    I’m about 2/3 of the way through his book. Considering he is someone who basically lied for a living for more than a decade, I am finding his writings imbued with truth and genuine remorse. Never thought I would say this, but despite everything, he’s one of the good guys now.

  64. 64.

    Central Planning

    September 8, 2020 at 9:26 pm

    @TS (the original): If the American people pay EJC, I hope she takes all that money and enables other lawsuits against the soon-to-be ex-president.

  65. 65.

    lurker

    September 8, 2020 at 9:31 pm

    @WaterGirl: For what it’s worth, I comment at a semi-regular frequency – at least every year or two.  Used to comment once in a great while on soccer referee threads before that David Anderson guy took over for Richard Mayhew.  However, I am guessing he misses refereeing more than I miss those threads, much as I enjoyed them.

     

    Reading these threads is always much appreciated, even if I read most long after the blog has moved to the next post.  Thank you for the encouragement.

  66. 66.

    TS (the original)

    September 8, 2020 at 9:33 pm

    @Central Planning:

    I don’t know the US legal system – but imagine this will all change when Pres Biden is in charge. Whether he can legally send this back to the state courts  or force a Fed judge to do this  @lurker & others may know.

  67. 67.

    Viva BrisVegas

    September 8, 2020 at 9:35 pm

    The model for Barr is not Cohen, it’s Roy Cohn.

    Trump’s original consigliere and prime candidate for worst person in history not known to be a mass murderer.

  68. 68.

    debbie

    September 8, 2020 at 9:38 pm

    @John Revolta:

    That will be the day I stop paying taxes.

  69. 69.

    Elizabelle

    September 8, 2020 at 9:40 pm

    @SiubhanDuinne:   Maybe you can write a book review for us?

    I generally would like to reward Michael Cohen for being decent and buy his book BUT

    I just cannot abide spending any more time reading about Donald Fucking Trump.  Too much.  He’s like the worst Kardashian ever,  and I resent the amount of attention he demands and how it’s very hard to escape the deplorable Orange one.

    It’s like we’re all undergoing Clockwork ORANGE aversion therapy  in real time.

    Never finished Mary Trump’s book.  Just. Too. Much. Trump.  Maybe some other time.

  70. 70.

    Omnes Omnibus

    September 8, 2020 at 9:41 pm

    @Goku (aka Amerikan Baka): No.

  71. 71.

    Kay

    September 8, 2020 at 9:41 pm

    @SiubhanDuinne:

    That’s funny. My husband and I watched his testimony expecting to dislike him but we found him sympathetic too. He seems…redeemable in some way the rest of these people aren’t.

  72. 72.

    cain

    September 8, 2020 at 9:41 pm

    @lurker:

    It’s pretty weak sauce since this is an accusation towards Trump in the 90s – it has nothing to do with the federal govt in any shape way of form. It’s a huge leap to say that the Trump was acting as president when he denied he knew her. It’s tenuous at best.

  73. 73.

    Miss Bianca

    September 8, 2020 at 9:46 pm

    @WaterGirl: I agree. A sort of laide beauté, but beauté nonetheless.

  74. 74.

    Elizabelle

    September 8, 2020 at 9:48 pm

    [Trump] is devoid of empathy so long as he wins.  — Michael Cohen

    Speaking of Trump’s hatred of Obama, and that Trump did not actually believe the birther smear he started.

  75. 75.

    randy khan

    September 8, 2020 at 9:50 pm

    @prostratedragon:

    The way this works is that the act of filing a notice of removal whisks the case to federal court.  However, you can contest the removal notice in front of the judge who gets the case and when it’s as ridiculous as this you should have a fairly good chance of getting it back to the state court.

    Of course, that will take time, and it’s subject to appeals, so there’s very little chance she gets her deposition or DNA sample before the election.

    One might ask why it took so long for the person in charge of deciding whether cases should be removed to federal court under the Federal Torts Claims Act to get around to it.  Or one might not, knowing the answer already.

  76. 76.

    Mike in NC

    September 8, 2020 at 9:52 pm

    @Viva BrisVegas: We may well learn some day that Donald Trump and Charles Manson were pen pals.

  77. 77.

    WaterGirl

    September 8, 2020 at 9:52 pm

    @lurker: Every year or two, that makes you a regular!

    Lurk less, comment more.  :-)

  78. 78.

    WaterGirl

    September 8, 2020 at 9:55 pm

    @Miss Bianca: Exactly.

  79. 79.

    lurker

    September 8, 2020 at 9:55 pm

    @WaterGirl: suppose you think I should smile too… ; – )

  80. 80.

    randy khan

    September 8, 2020 at 9:55 pm

    @Baud:

    What’ll be interesting to see is what the Biden DOJ will do with this case, since there’s no mechanism I’m aware of for reversing this process.

    There is, in the sense that E. Jean Carroll can ask the federal court to determine that there was no basis for the removal and send it back to state court.  I would think that a Biden DoJ could tell the court that the issue has now been reviewed and that, since the tweet was not an official government report and had nothing to do with any official government action, the guy who used to be in charge of making these decisions obviously just had a bad day and the filing to move it to federal court was a mistake.

  81. 81.

    Omnes Omnibus

    September 8, 2020 at 9:59 pm

    @cain: It isn’t exactly the same thing, but I have gotten around choice of jurisdiction clauses in contracts (those things that say that you can only sure the company in a court in some inconvenient court in Guam) by making a claim under a law in my state that negates the jurisdiction clause.  Once the case is in court in your state,  the court can hear all the related counts. For example, I included a claim under the WI Consumer Protection Act with my contract claims in a case against a moving company for losing and or damaging a family’s good in an interstate move.  As it turned out, I lost on the consumer claim but won big on the contract claims.  The consumer claim allowed me litigate in Madison rather than Chicago (I have never been admitted to practice in IL).

    TL;DR, Sometimes shit makes sense for procedural reasons even if it is not a winner on its face.

  82. 82.

    WaterGirl

    September 8, 2020 at 10:02 pm

    @lurker: No smiling necessary!

  83. 83.

    Kay

    September 8, 2020 at 10:06 pm

    James LaPorta
    @JimLaPorta
    I have questions for
    @SarahHuckabee
    – This is not how the casualty notification process works in the military—POTUS would not notify the next-of-kin of a service member killed in action via phone—This is the job of a Casualty Assistance Officer (in person)

    Remember when we all got sternly scolded by political media because a comic made a joke about how Huckabee Sanders is a liar?
    She invented a story about a dead soldier to protect Donald Trump and promote her career. Told this story with a lot of phony emoting and crocodile tears. All a big lie.

  84. 84.

    lurker

    September 8, 2020 at 10:10 pm

    @WaterGirl: was thinking of the hamilton-burr colloquy …

     

    https://youtu.be/C6GFb7FIB0Y?t=59

    at about 1:00

  85. 85.

    HumboldtBlue

    September 8, 2020 at 10:25 pm

    @SiubhanDuinne:

    That discussion came up in another thread a few days ago, specifically regarding his coming clean, I remember making a comment about it being akin to a “confession,”

  86. 86.

    Kay

    September 8, 2020 at 10:26 pm

    Carroll is writing a series in the Atlantic on all the women who have alleged that Trump assaulted/raped them, so maybe the thugs are trying to intimidate her and shut her up.

    Fat chance. I don’t think she’s afraid of these coddled, soft degenerates.

  87. 87.

    Zelma

    September 8, 2020 at 10:26 pm

    I watched Cohen and found him more likable and more intelligent than I expected.  Not admirable; he clearly made lots of bad choices and lacked a moral center.  But being the fixer for a two-bit real estate developer and reality TV star, while unattractive, is much less destructive than the people who are “fixing” things for Trump as president.

  88. 88.

    Kay

    September 8, 2020 at 10:30 pm

    @Zelma:

     But being the fixer for a two-bit real estate developer and reality TV star, while unattractive, is much less destructive than the people who are “fixing” things for Trump as president.

    Agreed. Cohen at least knew who he worked for- these people don’t even have that- they’re not supposed to be working for Donald Trump, yet that’s what they’re doing. Rule Number One- figure out who you work for. If you get that wrong nothing else is right.

  89. 89.

    WaterGirl

    September 8, 2020 at 10:30 pm

    @lurker: Ha!  I have not seen Hamilton yet.

    I was thinking of the car magnet that says:

    Wag More, Bark Less

    I try to follow that, though I am not always successful!

  90. 90.

    Steeplejack

    September 8, 2020 at 10:33 pm

    @Zelma:

    Same. I almost want to object to “likable,” but he seems genuinely chastened, which does make him more likable.

    I didn’t catch the whole thing, because I had to go from the car (SiriusXM) to the apartment (TV) and put some stuff away.

    Lawrence O’Donnell currently rehashing.

  91. 91.

    SiubhanDuinne

    September 8, 2020 at 10:36 pm

    @HumboldtBlue: 

    One of Lawrence O’Donnell’s guests just pointed out that the reason he thinks Cohen is telling the truth now is that he’s not claiming he knew things that would be damning but very difficult to prove.

    For example, Rachel asked Cohen if he had ever heard Trump use the N-word. It would have been so easy for him to say yes, and impossible to prove otherwise, but Cohen said he personally never heard him use the term. In the great scheme of things, it’s a small point — but telling, and to Cohen’s overall credibility, I think.

  92. 92.

    Another Scott

    September 8, 2020 at 10:39 pm

    @TS (the original): My expectation and hope is that this maneuver fails and that the original trial court does not take kindly to the stunt.

    So that you and I (and she) do not end up paying, but rather Donnie (and his minions who give him money) does.

    Cheers,
    Scott.

  93. 93.

    lurker

    September 8, 2020 at 10:41 pm

    @WaterGirl: Have seen that, but had not thought of that in this context.  The line from the musical is going for the opposite of your comment, which seemed particularly amusing and ironic.

    Hamilton gets circulation in all sorts of surprising contexts in my world, but that is a story for another day…or not.

    Thanks for the dialog.  Will try to devote some of my copious free time to commenting…

  94. 94.

    Jeffro

    September 8, 2020 at 10:41 pm

    @PPCLI:

    This is really a desperate maneuver. This raises the profile of this case 100 fold, and now it will be big headline news. Why pay that forseeable price? It must be something huge.  I suspect the real value of this is getting it out of state court. They know if Trump is forced to give up that DNA sample he is cooked, so they need to find friendlier judges fast.

    Yes on all 6 of your points!

    Thanks for helping the Dems win the news cycle for the rest of the week, trumpov, you racist rapist corrupt moron.

  95. 95.

    Jeffro

    September 8, 2020 at 10:44 pm

    @oldgold:Trump is fighting providing a DNA sample that, if she is lying, would expeditiously and objectively exonerate him.  What does that suggest?

    Democrat: it suggests Biden’s lead will grow a point or two.

    trumpublican: it suggests that DEEEEEEP STATE DERP DE DERP!

    national snooze media: both sides have a point

    Jean Carroll: hello, how about that sample, you prick?

  96. 96.

    Kay

    September 8, 2020 at 10:47 pm

    We bought stamped post cards from the postal service and when people come into the county Biden headquarters we ask them to write one to a voter. Not everyone participates- which is fine! This is a very Trumpy area and people are sometimes reluctant to “come out” as Democrats. But the people who do participate really seem to enjoy it. We provide the names and addresses. We got them from the voter list, which is a public record. One of our members went thru and gave them “grades” as voters depending on their record of turning out- a 1 is low, a 5 is high-we’re targeting the lower numbers. Just registered D’s.

  97. 97.

    Jeffro

    September 8, 2020 at 10:48 pm

    @Another Scott: yup.  the orange rapist moron would get bounced from, well, any job for this.

  98. 98.

    lurker

    September 8, 2020 at 10:49 pm

    @Another Scott:

     

    @randy khan:

     

     

    There are various stories I have heard over the years about these types of moves.  One in particular goes that a particularly contentious case had a hearing going on, when an assistant to an attorney came into the courtroom and passed a note to counsel, who promptly stood up and announced at the next pause in conversation that the case had been removed (to federal court).  Supposedly the federal judge, looking at the case and the removal process, heard that the case was removed during a hearing and said “he removed it during a hearing?” and then shook his head.  The federal judge then ordered that the removal was improper and remanded the case back to state court.

     

    Why did the judge shake his head – clearly counsel acted rudely in the process of removing the case, and now was going back to the same court and judge who had wasted court time on a hearing which the removal made a waste of time, so counsel would get to deal with that (likely annoyed) judge.

     

    Removal late in the game like this, with an outstanding discovery order for a dna sample, is likely to provoke something of the same reaction.

  99. 99.

    HumboldtBlue

    September 8, 2020 at 10:52 pm

    @SiubhanDuinne:

    He’s no dumbass that’s for sure and I swear it feels like he’s glad to come clean.

  100. 100.

    Ruckus

    September 8, 2020 at 10:57 pm

    @MomSense:

    If he can be made to give one sample, that stampede would be heard around the world and the number of suits filed might overwhelm the courts. Worth the risk though.

  101. 101.

    Ruckus

    September 8, 2020 at 10:59 pm

    @Kay:

    Yes the stench out of the DOJ is epic, but then it really is the same stench coming out of every pore of the shitforbrains maladministration.

  102. 102.

    mrmoshpotato

    September 8, 2020 at 11:04 pm

    In a highly unusual legal maneuver

    SERIOUSLY?  SERIOUSLY!  MOTHERFUCKER!

    Sorry officer.  His crotch repeatedly got in the way of my bat that was traveling at high speed in that direction.

  103. 103.

    mrmoshpotato

    September 8, 2020 at 11:06 pm

    @JMG: Bill Clinton’s penis happened to find itself inside Monica Lewinsky’s mouth.

  104. 104.

    WaterGirl

    September 8, 2020 at 11:08 pm

    @lurker: We can pretend that I’m clever enough to have been making the Hamilton reference.  Let’s go with that!

  105. 105.

    mrmoshpotato

    September 8, 2020 at 11:08 pm

    @laura: Bill Barr should be spat upon and dragged for filth the rest of his life at the least.

    You’re being nice – seriously.

  106. 106.

    Ruckus

    September 8, 2020 at 11:09 pm

    @Omnes Omnibus:

    How could, and of course the tag, IAANL, part of his official duties be to rape someone? That of course would make him absolutely above the law and I really don’t see that anywhere in the law. Suing him may not be the answer, impeachment might be the only recourse but then he wasn’t president at the time so I don’t see how he could not be tried for damages, unless of time limitations. IOW this seems to be so far outside of what the law intends and how it has been interpreted for a long time.

    Am I making any sense here? Or is his entire line bullshitis extremeis.

  107. 107.

    lurker

    September 8, 2020 at 11:12 pm

    @WaterGirl: really don’t need to have the last word on this, but 👍 (thumbs-up, in case that does not come through)

    (tricky since i am not on a phone … providing emojis in the editor might be something for the next site revision, or the revision after that one)

  108. 108.

    Steeplejack

    September 8, 2020 at 11:15 pm

    @Ruckus:

    The thing that is alleged to be part of Trump’s duties is not the rape but the “she’s not my type” statement, which Trump made when he was in office. Maybe because he made it on Twitter (?) and his Twitter feed has been determined to be official communication. (He is prevented from blocking anyone on  his feed.) A big stretch, but not the craziest thing we’ve seen.

  109. 109.

    WaterGirl

    September 8, 2020 at 11:18 pm

    @mrmoshpotato: They should seriously start impeached proceedings on Bill Barr tomorrow.

    * unless they think that would hurt our chances in November.

  110. 110.

    Steeplejack

    September 8, 2020 at 11:19 pm

    @lurker:

    If you’re on a Windows box you can get the emoji menu by pressing [Windows key] + [period]. I think there’s something similar for Mac.

  111. 111.

    prostratedragon

    September 8, 2020 at 11:22 pm

    @randy khan:  So (also summing up what others have said above) the Federal court has the initiative here. Still, those scope of Presidential duties arguments must be some really gratuitous amusements.

  112. 112.

    lurker

    September 8, 2020 at 11:22 pm

    @Steeplejack: good to know, will give it a try. thx

  113. 113.

    Ruckus

    September 8, 2020 at 11:24 pm

    @Steeplejack:

    I guess I was more asking, if he gets away with this, does it mean that he is totally free of worry about being sued or tried for really anything – shooting someone on 5th ave – as long as he is president? Really because he’s not really in good health but he might be able to pull enough BS to be “reelected” and live out his life without a criminal record, which he seems to deserve rather a lot, especially if he won’t be tried for it.

  114. 114.

    Another Scott

    September 8, 2020 at 11:24 pm

    People are going to be super pissed when they figure out what DOJ’s move in the Carroll case means. @jbarro and I will splain it tomorrow on the show.

    — LeaveMitchALONEHat (@Popehat) September 9, 2020

    I’ve never heard Popehat’s show, but tomorrow’s should be good.

    Cheers,
    Scott.

  115. 115.

    The Moar You Know

    September 8, 2020 at 11:24 pm

    Never thought I would say this, but despite everything, he’s one of the good guys now.

    @SiubhanDuinne: NO HE ISN’T. He’s a manipulative psychopath who is finding it both convenient and profitable (he needs money) to tell a gullible American public, the portion of us who are desperate to see Trump gone, what they want to hear. You will never know what he did for Trump or anyone else. Nobody will.

  116. 116.

    TS (the original)

    September 8, 2020 at 11:45 pm

    @Steeplejack:

    Trying it out – I didn’t know this (very limited computer skills)

    🤞 😎😎

  117. 117.

    mrmoshpotato

    September 8, 2020 at 11:50 pm

    @WaterGirl: * unless they think that would hurt our chances in November.

    LOL!

    ITAGMFAW!  Impeach The Attorney General MotherFucker As Well!

    ETA – The Soviet shitpile will scream that “they” “impeached your favorite Attorney General.”

  118. 118.

    Steeplejack

    September 8, 2020 at 11:54 pm

    @TS (the original):

    👌

  119. 119.

    Sebastian

    September 8, 2020 at 11:58 pm

    @Another Scott:

    It means that the US government has to pay the damages, not DJT

  120. 120.

    mrmoshpotato

    September 9, 2020 at 12:00 am

    @The Moar You Know:

    @SiubhanDuinne: Oh FUCK NO!  Michael Cohen needs to be in the dock at the American Nuremberg Trials.

    As I said before, FUCK EVERYONE WHO REMAINED SILENT SO THEY COULD WRITE A FUCKING BOOK!

    And, as always, FUCK RICK WILSON, etal!

  121. 121.

    mrmoshpotato

    September 9, 2020 at 12:02 am

    @Sebastian: It means that the US government has to pay the damages

    Slight, but important correction – it means American taxpayers have to pay the damages.

  122. 122.

    narya

    September 9, 2020 at 12:05 am

    @Ruckus: Wellll, IANAL but do deal with FTCA. To pull THIS particular stunt he has to be able to argue successfully that the thing for which he is getting this support is an official act. Thus, in this case, what’s at issue is not the original alleged act, but the defamation suit that is about that alleged act. I mean, Barr is sufficiently corrupt that anything can happen (or, more to the point, delay can happen); in all of the current round of lawsuits and appeals and such, the object is not winning the particular suit, it’s delaying the actual case being adjudicated. It’s a variation on the tactics he has always used: “You want me to pay you? Sue me; I have more lawyers and access to more money.”

  123. 123.

    BruceFromOhio

    September 9, 2020 at 12:36 am

    Ms. Carroll’s lawyer said in a statement issued Tuesday evening that the Justice Department’s move to intervene in the case was a “shocking” attempt to bring the resources of the United States government to bear on a private legal matter.

    It ain’t private no more.

  124. 124.

    Librarian

    September 9, 2020 at 12:47 am

    @TS (the original): It was prerecorded. Chris Hayes played part of it during his show.

  125. 125.

    Ilefttxwhenannlost

    September 9, 2020 at 4:00 am

    @scott (the other one):

  126. 126.

    Ilefttxwhenannlost

    September 9, 2020 at 4:28 am

    @scott (the other one):

     

    @Kay: agree…much like Anita hill and all the me too’s…public assertion is brave and nflg…and this matches pussy grabber we know

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