174 Comments

"What a great way of encapsulating where the country was before Trump—we all just assumed that people voted and it worked out. No more, and that’s thanks in no small part to the role his client and his co-defendants played in the 2020 election."

We really do need to thank Trump for waking us up from our slumber before it was too late, and for educating us that policy differences create opponents, not enemies - that as long as both opponents believe in the underlying truths and foundation of a democratic constitutional republic, all is well. The enemies are those like Trump and the MAGAts, who don't believe.

Expand full comment

...and our tax dollars get used again and again to prove what is ...is. I certainly hope by the time they cast their votes ...we the people..realize what a waste of time and money these people have been...and 💙VOTE THEM ALL OUT💙

Expand full comment

Note to self too: ignore like the plague all third party or any splinter groups that might arise to siphon off votes from Democrats(see Robert Reich’s Substack today).

Expand full comment

Well, "WE the people" all are realize it. The problem is that THEY the people aren't highly unlikely to ever receive and/or believe that information.

Expand full comment

I hear you. I feel it that way as well. I'm trying very hard to get out of my own way and look for solutions with hope.

Expand full comment

I know. I am, too.

Expand full comment

I trust the ruse is about (fed)up, not for the die-hards-we’ll have to send Bruce Willis in to roust them up and out-I’m hoping someone doesn’t disappoint me with news he’s a Trumper 🤦‍♀️ (I have a backup)...and Bruce if this is so ...we’re done, it’s over! ..

but the fight is far from over, our main battalion is about to surprise the air waves and we’re all going to put a final push on front burners.

There’s always the fear mongering screaming circus not far behind with the same pitch different allegation pretense ,preposterous , pitiful ploy. But fewer and fewer rile.

I live here in deep redsville and it’s quieting, less flags /lawn signs / bumper banners gone and I’m happy to know who those die hards are ...but I’m never going to acquiesce btw ...as shocked as I was in 2016 I got right to work knowing ...simply knowing ...how this was going to go....

Hang in there compadres...we got this✌️

💙💙VOTE ALL THE COMPLICIT OUT💙💙

Expand full comment

While fully acknowledging very good and very just men are abundant, I focus on the E. Jean Carrol saga. It looks very much like she will prevail. Certain men from a particular era seemed so justified in sexual aggressions and seeing woman as objects, (and often the same toward minorities, as well) that all the light being shown on this particular aspect of Trump's character may result in a sea change for that behavior among men. Just like it seems to be happening in Spain. No small potatoes!

Expand full comment

I'm massively cynical about this change you see as possible, but I support your vision.

Expand full comment

2,000 years of men hating women, misogyny has endured all this time so don't hold your breath.

Expand full comment

Only 2000 years? I tell myself that all the noise some men in politics are making about abortion, trying to stop the use of birth control, returning to Biblical values, Tommy Tuberville, et al, is the noise of death throes. Holding my breath.

Expand full comment

With the January ruling there needs to be a, 'Judgement pain by February 1st,' enforcement clause.

Expand full comment

E. Jean Carroll has prevailed so far as winning the case that Trump raped her and then awarded her $5 Million - and this week the judge determined that the January 2024 court case will entail a jury determining how much additional award she will receive. I'm not an attorney, so I do not know the legal process to file liens and such; but if the collection procedure includes filing liens, as soon as possible after the jury has determined an amount due E. Jean, Robbie Kaplan most likely will file a judgement lien on Trump's New York properties (including Trump Towers). And then, I don't know if Robbie Kaplan will need to foreclose on the lien to take care of monies due E. Jean (Trump is known for not paying his bills). If his estate is handling the payment, should he not be available, Robbie Kaplan will need to file against the estate. Even if she is not paid from foreclosing on Trump Towers, I think federal law allows liens from New York to be placed on properties in other states, such as New Jersey and Florida. Apparently, Trump has deeded Mara Largo to Don Jr. But Trump cannot hide assets from E. Jeanne to avoid paying judgments or during civil actions. And she won her court case before that transfer occurred. I'm sure Robbie Kaplan has already done a title search to see how E. Jean's lien will stack up on New York properties such as Trump Towers: behind how many mortgages and liens? So far as how much E. Jean may receive: yesterday morning I thought $100 Million (she deserves more, especially with all of the legal finagling ahead. But it is impossible to put a dollar amount on the kind of damage to one's soul as E. Jean has suffered. My hope is that she has peace and healing and that she continues not simply to survive, but that she thrives with health. We owe her our gratitude for facing the monster and speaking truth to his threats. She spoke of being afraid for her life, should she have spoken against Trump. And when she gained courage to speak from other women speaking out during the 'Me Too' movement, she did so with dignity and grace - and amazing courage. E. Jean's win has been trail blazing for all of us and the beginning of the end for the adult bully.

Expand full comment

Yes indeed. I'm habitually annoyed (that's the polite word) with reasonably intelligent people who thought everything was hunky-dory before Trump came along, but (as you imply) better late than never. I'm hoping that now that more of us realize just how bad things can get, we'll collectively realize that the power of $$$ has undermined all three official branches of government and it's up to us to deal with it.

Expand full comment

Very well said TCinLA! May I use your description of opponents and enemies? Or words to that effect?

Expand full comment

It's open source. :-)

Expand full comment

And lawyers are getting ridiculously rich as a result

Expand full comment

Love your posts. I will reserve my thanks for good intentions

Expand full comment

Kudos to the judge who ruled against Governor Abbott.

Expand full comment

It was smart to prosecute for obstruction of navigable waters without prior authority, and usurpation of federal border tasks. Obvious winners.

The judge said Texas could keep its buoys on the Shores of Texas.

Expand full comment

He's appealing it.

Expand full comment

Good grief, what a day. In spite of all those "wins" I can't quite accept trump will ever pay for his actions. Based on how many times he has skirted the law, I fear he'll slide by in these cases too. Yes, he lost badly in the E. Jean Carroll case, but he has a bit of history losing civil cases, I want to see him lose these criminal cases.

He's one lucky guy, drawing such a biased judge as Cannon in the one trial that everyone agrees is a slam dunk. She seems poised to not only allow his delays, but to throw a few delays of her own in along the way while lawyering for trump from the bench.

I'm burnt out here in the eleventh hour and even amongst these wins, feel defeated.

The ex-president has tried the patience of us all and manipulated our justice system at every juncture.

As for Gov Abbott, I'm so glad he's being ordered to remove those inhumane barriers. Will he have to remove them while working through the appeal process?

And finally, let's raise a glass to the lovely lady getting on Navarro's last nerve.

Expand full comment

Thank you for beautifully expressing the way so many of us feel! While I still monitor the trials, I have now put my faith and hope in the 14th Amendment challenges. Laurence Tribe thinks the Colorado case is solid (fingers crossed).

Expand full comment

But what about the Supreme Court?... I can see them ruling in Trump’s favor.

Expand full comment

I know. It's always something isn't it? Still gonna hope and pray . . .

Expand full comment

As ever, thank you Joyce for this wonderful report. And a safe and resting night to you and everyone around you.

Expand full comment

I never get tired of him losing!

Expand full comment

Thank you. Civil Discourse is the first place I go each morning and your discussions are, for me, a deep dive into the complex intricacies of legal process. Please do not ever doubt that you have made a difference.

Expand full comment

Our comments so similar! No collusion 😅!

Expand full comment

"because, trump claimed, he was a federal employee just doing his job when he made his ugly, untrue comments about Carroll." FOFL!!!!

Expand full comment

well he was a federal employee, but did he ever act within the scope of his job? When he handed over secrets to Putin? When he tried to blackmail Zelensky? When he interfered with the Mueller report? When he got Barr to more or less determine he was legally untouchable because he was president (and didn't Nixon's AG get imprisoned for that (also some bribery)? When he--the president-shut down the govt, not a bunch of congressional malcontents? when he did not release his tax returns? when he decided he knew more about covid than his medical advisors? when someone else was prosecuted for violating campaign finance laws? On what day during his presidency did he do his job? Is a fictional president ever actually doing the work of a president?

Maybe I have it wrong. Maybe the presidential job is fictional, but most of us didn't used to believe it to be so.

Expand full comment

He did only two things: Sign the tax cut act for himself and the rich donors, and pass along the judge nominations from the Federalist Society. Oh, and he played golf and took as much money as he could from the government.

Expand full comment

Yah that golf thing:” I love golf but I am going stay at the white house and work my ass off.... well records and pictures disprove both... ass off and no golf.

Expand full comment

Thank you

Expand full comment

He also helped a lot of people to die of Covid

Expand full comment

Thank you. It's fairly exhausting, but it seems like progress is being made. I still wonder why others who refused to comply with a subpoena have not been held accountable, but that's another question!

Expand full comment

Better question: why is congressional rep Jim Jorden issuing subpoenas when he ignored the Congressionally-issued one he got?

Expand full comment

Watch Lawrence O’Donnell on MSNBC Thursday night 9/7/23 addressing that issue.

Expand full comment

Idk if it's a better question, but it's pretty ridiculous. Does he expect people to comply?!?

Expand full comment

That’s it. How does he enforce compliance when he never complied? And there is no statute of limitations.

Expand full comment

What annoys me in all Trump's trials is his ability to go hat in hand to his MAGA's who, unable to think - only to feel, will pay for his defense. He won't suffer one little bit. All that and unlimited time mugging for the cameras.

Thanks and praise to the Federal Judge who ordered Abbott to remove the deadly objects he has placed in the Rio Grande. I realize it is a Federal waterway but it is also an international waterway. Mexico would have the legal right to attack those objects on the grounds the waterway is as much theirs as ours.

Expand full comment

Amazing how commerce, being at the heart of our capitalist system, gets the legal right of way while the humanitarian issue is sidelined.

Expand full comment

Abbott potentially committed manslaughter, as two people have died, it is surmised, under his "barriers".

Expand full comment

He certainly did! Horrible man.

Expand full comment

Money over substance.

Expand full comment
founding

Smith’s cooperating witness, of course, suffers from a vulnerability to cross-exam attack on the issue that, “you lied before, didn’t you,” it would seem. BUT, were Trump’s def Attys to pursue that line, methinks the Govt would have a field day eliciting testimony regarding the circumstances in which he initially lied -- “counsel made me do it!” -- and why he came clean -- “I didn’t want to go to jail forTrump by continuing to lie,”. Tough strategic decision for Attys who may have suborned perjury.....

Expand full comment

When the movie, or as several movies are made, I would like to play Sidney Powell. I can fake a Texas accent and my voice is as deep as hers. Hire a few drag queen make-up artists to do make up and I’m set to play her.

Expand full comment

The big question: do you look smashing in faux leopard print cardigans?

Expand full comment

It will be an academy award moment.

Expand full comment

I'm sick of people commenting on looks. There are 876 things that you can hold these people accountable for, BODIES are off limits and say more about you as a person than them.

Expand full comment

Does anyone else find the irony delicious: Hunter Biden's long awaited indictment is for breaking a law that the many in the GOP would consider to be a violation of his 2d Amendment Rights?

(We don't know if that's ALL that's being considered, but even if it is only part....)

Expand full comment

"The only issue left to decide is damages—how much more money Trump will have to pay Carroll. Her lawyer can ask for punitive damages, sufficient to punish Trump and to prevent a repeat of what he did after the last trial—making additional defamatory comments the day after the verdict. That could be a very high number."

I wonder how high?

Expand full comment

Cannot wait for some journalist after the January trial to ask him: "What do you think of Ms. Carroll now?"

I hope I live for the day when name "Trump" is not mentioned in press or TV. That we have all moved on.

Expand full comment

I wait impatiently to visit his burial place. I have a gift to leave by the stone.

Expand full comment

lol Bill, you are on a roll today!

Expand full comment

I plan to build a public restroom (more of an outhouse, actually) on Trump's gravesite so that millions of people can do to him what he has done for years to our country and our Constitution.

Expand full comment

and to not see his face in newspapers every day.

Expand full comment

Even if I never watched MSNBC for any OTHER reason, I used to watch because I never had to see his face. Now, it's everyfrigginwhere again.

Expand full comment

As to the last, I, and he, will likely not live long enough for that day.

Expand full comment

I was wondering the same thing. Since punitive damages are to actually punish the offender in an attempt to entice the offender into never doing it again, and since the first trial awarded $5 million, and that amount didn’t stop him, is it fair to assume the amount must be more than $5 million? If I were a person on the jury, that’s what I would be thinking, “Well, clearly $5 million didn’t stop him, let’s see if $50 million will.”

Expand full comment

There is no amount of money that can prevent him from repeating his comments. He’s incapable of not spewing garbage.

Expand full comment

I think that is likely true. But with a civil trial, if damages were say $50 million and Trump didn’t have or couldn’t get the cash, E.Jean Carroll could seize Trump assets in lieu of the cash. Wouldn’t it be great to see Trump Towers with a new name? It could become Carroll Towers. And as you said, Trump would still be spewing his bullshit, but he’d be spewing it on the corner of his previously owned residence!

Expand full comment

"Casa Carroll!" also would be better than Trump Towers.

Expand full comment

He'll just beg his followers for the money.

Expand full comment

That’s fine. If he keeps running his mouth, keep suing him until he and his supporters run out of money.

Expand full comment

Carroll's Place!

Expand full comment

He's mentally ill. For him, it's like the autonomic system, he doesn't "take" breaths, they take him. Likewise with his foaming, foul mouth.

Expand full comment

Broken record.

Expand full comment

Whew. A lot going on. Thanks for making it understandable to we non-lawyers. I love that defendants decide to tell the truth after they ditch the lawyer T pays for and then get realistic advice about what their future looks like. Yo, Nauta and Oliveira - you might want to think about that.

My schadenfreude moment? "The Judge cited Trump's “advanced age” as justification for moving forward, ...". Bet that got under T's skin.

Expand full comment

“Whew” is what I felt after reading all of this as well. And like your comment it was the first word in mine! Good to know I’m not the only one a bit overwhelmed by it all. 🙂

Expand full comment

Lots of concerns.

First, the obsession with appeals. The cases need to be properly tried of course so that they can be sustained on appeal but the appeal is not the important part. Get the convictions now. Given the ages of the parties involved and the closeness of the election, it doesn’t really matter if the cases are sustained on appeal or not. Natural causes will ultimately take care of these cases. It’s more important to get the convictions.

Second, in the Carol cases and Cohen’s upcoming deposition of trump, DOJ has taken the inexcusable positions, corrected now (voluntarily in Carroll finally but by court order in Cohen) that trump’s actions were in the course and scope of his employment. Those positions by DOJ have been absurd from the beginning. It is very hard to understand what is wrong with DOJ. We have to survive trump and DOJ (not Smith’s actions). In my opinion, both of these were bad and inexcusable positions taken by Garland. Who knows what else he may do?

Third, with the Georgia Attorney General, we are now seeing the dangers of the RICO cause of action and its loosey-gooseyness (Oh, heck, we were just talking at bridge club.). Its use against Cop City protesters may stand. My bet is we will see more cases brought by the Republican attorneys general. This shows what a dangerous and unbridled cause of action RICO can become. At least the wonderful lady protesting at Navarro’s press conferences will not likely have to worry as she appears to be on her own. This is pure speculation, but I wonder if the dangers of unbridled RICO may be part of why Smith has not brought RICO causes of action.

Fourth, the deathly Rio Grand barriers and the US failure immediately to remove them. Texass has no right to impede the waters of the United States (whatever those are after the last horrible Supreme Court case). Biden should have ordered the Corps of Engineers to remove the barriers. Save lives first and then fight with Texass after the fact if necessary. It is inexcusable to allow the harm to continue. It reminds me of the spring gun laws (setting up a gun to kill when a door is opened). If the fight is lost ultimately, highly doubtful, at least it may have saved lives.

My opinion.

Expand full comment

Parkin, I'll take a swing at no. 3. RICO in GA is taking on farcical proportions. Now 61 defendants in one court room for Cop City? I don't see it.

Expand full comment

Spot on, I’ve wondered the same; especially regarding the barriers and other murderous decisions that states invoke.

Expand full comment

Regarding Cop City - the forests of concern are being logged right now - so by the time anything is "settled" - the area they are trying to save will be badly damaged. And then there is the fact that this police "training" facility is being put in a mainly black area - certainly not somewhere where it will inconvenience(!) anyone not of color! I saw a picture (likely drone) of the "forest" on one of the blogs - now cant find it!! But this link tells the story.

https://www.democracynow.org/2023/9/6/stop_cop_city_rico_charges?utm_source=Democracy+Now%21&utm_campaign=1ca30c95e6-Daily_Digest_COPY_01&utm_medium=email&utm_term=0_fa2346a853-1ca30c95e6-192377045

Expand full comment

Biden was smart to keep his hands of Abbott’s action. Never get in a pissing contest with a skunk

Expand full comment

There's a lot of hopeful news here! I must admit to taking extra joy from Peter Navarro finally getting justice. What a freak. He needs medication. The lady following him around with the signs is hilarious! ❤

Expand full comment

His personal whistle-blower

Expand full comment

I think he enjoys it.

Expand full comment