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Trump’s Civil RICO suit dismissed

Posted on 9/9/22 at 6:42 am
Posted by boosiebadazz
Member since Feb 2008
85555 posts
Posted on 9/9/22 at 6:42 am
I feel like this one fell off the radar screen but here’s an update:

LINK
Posted by KiwiHead
Auckland, NZ
Member since Jul 2014
37460 posts
Posted on 9/9/22 at 7:09 am to
Judge wasted a lot of words to say that the suit had no standing. Civil RICO is an incredible stretch.

Here's the thing, Hillary Clinton probably did everything Trump alleges and the ruling was the right one. It's not a RICO case.

I keep wondering who is telling Trump that things like this even have a snowball's chance? If Giuliani did, he should hang it up now. Rudy was once an excellent lawyer and knew how to use RICO, but this was a real stretch.
Posted by Othello
the Neptonian Steel Mines
Member since Aug 2013
25049 posts
Posted on 9/9/22 at 7:15 am to
Posted by GumboPot
Member since Mar 2009
140573 posts
Posted on 9/9/22 at 7:21 am to
This was the primary reason for dismissal:

quote:

Not only does Plaintiff lack
standing to complain about an alleged scheme to defraud the news media, but his lawyers ignore
the Supreme Court’s holdings that the federal wire fraud statute prohibits only deceptive schemes
to deprive the victim of money or property. It is necessary to show not only that a defendant
engaged in deception, but that an object of the fraud was property. Kelly v. United States, 140 S
Posted by Turbeauxdog
Member since Aug 2004
24273 posts
Posted on 9/9/22 at 7:34 am to
Which is nuts because the Rico scheme cost him untold value in his properties.

Oh and the defendants husband appointed the presiding judge if anyone was wondering.
Posted by boosiebadazz
Member since Feb 2008
85555 posts
Posted on 9/9/22 at 7:37 am to
quote:

Not only does Plaintiff lack
standing to complain about an alleged scheme to defraud the news media, but his lawyers ignore
the Supreme Court’s holdings that the federal wire fraud statute prohibits only deceptive schemes
to deprive the victim of money or property. It is necessary to show not only that a defendant
engaged in deception, but that an object of the fraud was property. Kelly v. United States, 140 S


it’s almost as if some of us called that from the beginning and thought this complaint was more for public consumption rather than legitimate legal redress.

LINK

quote:

Here is a good primer on civil RICO:

LINK

Here is the exhaustive list of predicate acts that have to be part of the enterprise:

LINK

I think proving the predicate acts may be tough, but we’ll see.


I know this will shock most here, but VoxDawg was a little off on his prediction:

quote:

There's clearly some strategic angle to venue and the firm filing the suit for Trump. I'm curious if this is going to draw on work already done by Huber/Durham.

Otherwise you have an ambulance chaser (no offense this time, Boosie) taking on Perkins Coie, a veritable international behemoth, under very unadvisable circumstances


quote:

no offense this time, Boosie


None taken, bud

And then of course the ankle-biters had to do their thing:



All in all good times were had by all. Except Peter Ticktin. Hope he didn’t take it on contingency.
This post was edited on 9/9/22 at 7:38 am
Posted by GumboPot
Member since Mar 2009
140573 posts
Posted on 9/9/22 at 7:39 am to
quote:

Which is nuts because the Rico scheme cost him untold value in his properties.


Apparently to meet the RICO standard it has to be a direct loss. Hillary's scheme to saddle Trump with MUH Russia was a political hit job, not necessarily an attempt to defraud Trump out "money and property" (which apparently is the RICO standard).

Maybe Boosie can chime in as to what would have been a better approach to suing Hillary and the gang that perpetrated MUH Russia?
Posted by boosiebadazz
Member since Feb 2008
85555 posts
Posted on 9/9/22 at 7:41 am to
quote:

Oh and the defendants husband appointed the presiding judge if anyone was wondering.


Is that better, worse or the same as Aileen Cannon being appointed by the Plaintiff himself?
Posted by Decatur
Member since Mar 2007
32699 posts
Posted on 9/9/22 at 7:41 am to
quote:

When former President Donald Trump summoned up years of bubbling resentment and sued Hillary Clinton and everyone else involved in Russiagate earlier this year, he naturally filed his lawsuit in South Florida—home to his oceanside estate.

And yet, when his attorneys formally filed the paperwork, they selected a tiny courthouse in the sprawling federal court district’s furthest northeast corner—a satellite location that’s 70 miles from Mar-a-Lago. They ignored the West Palm Beach federal courthouse that’s a 12-minute drive away.

The tactic failed, and Trump instead got a Clinton-era judge whom he promptly tried to disqualify for alleged bias. U.S. District Judge Donald M. Middlebrooks called him out in a snarky footnote.

“I note that Plaintiff filed this lawsuit in the Fort Pierce division of this District, where only one federal judge sits: Judge Aileen Cannon, who Plaintiff appointed in 2020. Despite the odds, this case landed with me instead. And when Plaintiff is a litigant before a judge that he himself appointed, he does not tend to advance these same sorts of bias concerns,” Middlebrooks wrote in April.


LINK
Posted by oldskule
Down South
Member since Mar 2016
25144 posts
Posted on 9/9/22 at 7:42 am to
Lawsuits are now used to drag things out, and divert attention....not many of them ever make it to a courtroom.
Posted by boosiebadazz
Member since Feb 2008
85555 posts
Posted on 9/9/22 at 7:42 am to
quote:

“I note that Plaintiff filed this lawsuit in the Fort Pierce division of this District, where only one federal judge sits: Judge Aileen Cannon, who Plaintiff appointed in 2020. Despite the odds, this case landed with me instead. And when Plaintiff is a litigant before a judge that he himself appointed, he does not tend to advance these same sorts of bias concerns,” Middlebrooks wrote in April.


Jesus that’s a nuclear oof

Posted by BBONDS25
Member since Mar 2008
59449 posts
Posted on 9/9/22 at 7:44 am to
quote:

Othello


Imagine rooting for Hillary.
Posted by GumboPot
Member since Mar 2009
140573 posts
Posted on 9/9/22 at 7:45 am to
You act like judge shopping is a one sided affair.

It's like people that complain about the "Trump grift" meanwhile they are donating to their favorite DNC candidate or cause.
Posted by BBONDS25
Member since Mar 2008
59449 posts
Posted on 9/9/22 at 7:48 am to
quote:

Is that better, worse or the same as Aileen Cannon being appointed by the Plaintiff himself?


I have no issue with the legal reasoning in this case. You have an issue with Cannon’s?
Posted by BBONDS25
Member since Mar 2008
59449 posts
Posted on 9/9/22 at 7:48 am to
quote:

When former President Donald Trump summoned up years of bubbling resentment and sued Hillary Clinton


Holy shite. There is some projection there. You still all in on Russia gate Decatur?
Posted by BBONDS25
Member since Mar 2008
59449 posts
Posted on 9/9/22 at 7:51 am to
quote:

Lawsuits are now used to drag things out, and divert attention....not many of them ever make it to a courtroom.


This one did at least get the judge who signed off on the raid to admit he is biased an unable to make an impartial decision.
This post was edited on 9/9/22 at 7:53 am
Posted by boosiebadazz
Member since Feb 2008
85555 posts
Posted on 9/9/22 at 8:00 am to
I have an issue with classifying judges by who appointed them and suggesting that alone is dispositive of the outcome of the case. That’s a dangerous road to go down.
Posted by imjustafatkid
Alabama
Member since Dec 2011
65663 posts
Posted on 9/9/22 at 8:03 am to
It's weird how happy you are that there is no recourse against Democrats who flagrantly abuse the law while targeting conservatives.

This is how a nation dies: with Boosie cheering.
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
138683 posts
Posted on 9/9/22 at 8:03 am to
quote:

I keep wondering who is telling Trump that things like this even have a snowball's chance? If Giuliani did, he should hang it up now. Rudy was once an excellent lawyer and knew how to use RICO, but this was a real stretch.
A "real stretch" ... kind of like the DOJ claiming the MAL raid and document seizure was not a breach of Executive Privilege, or the Steele Dossier episode, or claims the Hunter Laptop was Russian disinformation, or Police officer deaths during J6?

The only thing separating Trump's RICO case is the Judicial Branch dismissal and a two-tiered broken system.
Posted by Lakeboy7
New Orleans
Member since Jul 2011
28324 posts
Posted on 9/9/22 at 8:05 am to
quote:

Lawsuits are now used to drag things out, and divert attention....not many of them ever make it to a courtroom.



I think you would be surprised, the suits based on law and EVIDENCE get heard everyday.
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