The Accurate Reloading Forums THE ACCURATE RELOADING.COM FORUMS Guns, Politics, Gunsmithing & Reloading The Political Forum trump's rape trial begins todayGo | New | Find | Notify | Tools | Reply | |
| One of Us |
So, here's where we are: the likely GOP 2024 candidate for POTUS is accused of rape and jury selection in his civil trial starts today. And, I just got through reading another thread by a loyal trumptard about what a terrible person President Obama was....  -Every damn thing is your own fault if you are any good. | ||
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Even if a jury finds that Trump raped the lady, at best it will cause maybe 7 or 8 loons to renounce him. | |||
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| Administrator |
Exactly! The same as the stupid loons on the left voting for Kamala! The most stupid two legged creature in America!  | |||
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And yet still smarter than someone living in a Monarchy where they have no say in the future.  | |||
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Here is the end of the great American experience and you support the guy and the Administration working toward it: https://www.nbcnews.com/tech/c...l-currency-rcna19248 Yup, good plan. Of course, you all presume DJT is INNOCENT of these charges right? | |||
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. . . it’s a civil case, there is no presumption of innocence.  Mike | |||
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Do I remember reading that she saved the dress with his schmutz on it? TomP Our country, right or wrong. When right, to be kept right, when wrong to be put right. Carl Schurz (1829 - 1906) | |||
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Please. You support a guy who tried to overturn the result of a presidential election and fomented a riot in the US Capital as part of the effort. But, a study on the effect of digital currency is the end of the American Experience?  -Every damn thing is your own fault if you are any good. | |||
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| One of Us |
Not sure about that, but the judge in the case ruled yesterday that the plaintiff's attorneys will be allowed to call a reporter to testify about trump assaulting her in 2005. He's also allowing the plaintiff to show the famous "grab them by the pussy" interview as well. Doesn't bode well for trump. That said, even if the plaintiff gets a verdict, trump will appeal for the next decade. He'll probably be dead by the time it runs its course. -Every damn thing is your own fault if you are any good. | |||
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I am well aware it is a civil matter. Do you not imagine the burden is still on the one bringing the case to prove it to the standard? And, if so, then do you not imagine the other side is merely facing allegations until she proves her case? | |||
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It is if it happens. | |||
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I was trying to make sure that you did not sound like an idiot talking about the presumption of innocence in a civil case. But you just double down on stupid. Go for it. Mike | |||
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The burden is preponderance of the evidence. The burden is on the Plaintiff. There is no burden shifting in these claims. The presumption of innocence has no relation nor application in a civil case. What you are trying to articulate is, the burden of proof is upon the Plaintiff to prove a Prima Facia case. Those two concepts are not interchangeable. Some do like employment discrimination. Bluefish sounds like those who think Social Security Numbers are the mark of the beast or a sign of the number that made John The Revelator dismayed. If you use a debt card, you already use digital currency. | |||
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| One of Us |
You guys are precious. You all know very well that in your minds he is already guilty. Whether you will admit it or not is a secondary question but none of the rest of us shall hold our breath. | |||
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Once plaintiff has made a prima facia case, the burden of proof does shift to the defendant as to affirmative defenses. Civil cases, I mean. "No, I didn't do it" is a regular defense. The plaintiff has the burden to show that you did do it. The statute of limitations, truth as a defense to defamation, condition precedent in a contract action are all examples of affirmative defenses. The defendant has the burden to prove them to the same standard the plaintiff has to meet on its primary allegations. That standard is a 51% probability the allegation is true. | |||
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I admit I am too biased against Trump to make a good juror. But I'll honor the jury's verdict, no matter what it is. You, on the other hand, will probably claim the jury was rigged, if your fearless leader is found guilty. | |||
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You’re right, I think that someone that expresses their attitude toward women as you “grab ‘em by the pussy”, coupled with the fact that at least 18 women have previously accused him of inappropriate behavior, suggests he is probably guilty. Maybe since he says the charges are fabricated and without basis he will take the stand under oath in his own defense. Mike | |||
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Donald,”grab them by the pussy” Trump? That guy?? Of course he’s innocent.    Vote Trump- Putin’s best friend… To quote a former AND CURRENT Trumpiteer - DUMP TRUMP | |||
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| One of Us |
That is why I should not be on the jury. Also, I have no idea if he sexually assaulted and defamed this woman. That said I could not set aside my distaste for the man post Jan 6, to set on a jury concerning him. This kind of case, the lawyers are going to know every social media post made or followed by the jury panel and close friends of the jury panel concerning President Trump to dig out folks like Me. The jury will tell us. Obviously, allowing the “grab them by the “ statement to be entered itself will generate an appeal. Jury Instructions are also ripe for appeal. | |||
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Yes, the burden is upon the defendant to establish an affirmative defense. Of course, affirmative defense has to be pled in Response Some causes of action have burden shifting built in such as discrimination in termination. The burden shits to the Defendant to prove the asserted cause of termination is not a pretext. You are most correct. the affirmative defense must be pled and shown by defense upon the establishment of a Prima Facia case. This best way, or simplistic way, I can explain am affirmative defense is a legally recognized set of facts that negates liability otherwise established. | |||
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| Administrator |
One answer here tells you all you need to know. Why American voters are as stupid as a rusty nail!  | |||
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| One of Us |
I bet he settles the case, if not before then right after the jury is seated. | |||
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Opening statements have started. But for the image a settlement would send, I agree he would settle. Now, he has to go all the way. If he settled, he thinks the popular view point is he engaged in the alleged torturous conduct. | |||
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I think it's a difficult case. A jury is going to be skeptical about somebody that waits 25 years to report a rape. I'm not saying it did or didn't happen, I don't have the slightest idea. But, that one fact is going to be a challenge to overcome for the plaintiff's attorneys. -Every damn thing is your own fault if you are any good. | |||
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What would you know about voters or voting? Nothing. -Every damn thing is your own fault if you are any good. | |||
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Maybe we should consider that a civil trial over allegations that are at their basis criminal should be treated as criminal in their jurisprudence? In effect, this allegation was made and the prosecutor did not find enough to charge them. Trying the defendant for financial damages when it should be criminal charges seems a way to both get around the presumption of innocence and while not by the strict interpretation, double jeopardy. As an example, OJ Simpson was found innocent. While I think he did it, that was the system’s crack at him. The families should not be able to in effect re try him and take his assets to punish him. | |||
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| One of Us |
Double jeopardy has no application in a civil proceeding. There is a similar concept called res judicata. The difference is the burden of proof in the respective proceedings: proof beyond a reasonable doubt versus a preponderance of the evidence in a civil case. As for OJ, at least the civil trial got it right and found him liable for the deaths. The other thing to think about is the drunk UPS driver who kills you in a car accident may end up in prison but that criminal conviction is not going to replace the income your wife and kids need. -Every damn thing is your own fault if you are any good. | |||
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Double jeopardy does not apply until a petite jury is seated. We have all kinds of actions that are both tort and criminal violations. The simplest to envision is assault, or a reckless motor vehicle homicide. Kurt trials are not perfect, but as your OJ example proves process is what is most important and not the result. Our process is on the whole better than not. I am just glad our society does not agree with your proposition. It is different standards and different procedures. Look at Bill Cosby. At least, he has to pay straight cash. I also agree with the state Supreme Court rational for overturning his criminal conviction. He was promised those state in the civil case would not be used against him in the criminal case. This, he was induced not to avail himself if his 5th Amendment Right that has been incorporated against the states. | |||
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| One of Us |
Double jeopardy has no application in a civil proceeding no matter when a jury is seated and sworn. -Every damn thing is your own fault if you are any good. | |||
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| One of Us |
Sounds like one of those She said, He said , give me money and I'll go away, maybe, cases.  When the horse has been eliminated, human life may be extended an average of five or more years. James R. Doolitle I think they've been misunderstood. Timothy Tredwell | |||
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This is correct. I am not arguing otherwise. | |||
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Did this wo!an file rape charges when the alleged rape happened???? . | |||
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| One of Us |
Maybe relevant as perjury when she testified, and nothing else. The jury can take the fact she did not in consideration when accessing the truthfulness of her testimony. | |||
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There is a reason for statutes of limitations. This is a stupid case of opportunity. Whether you like Trump or hate him. This is a case that needs to get flushed. | |||
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Some states do not have a statute of limitations for felonies. KY is one. Other dates have extended SOL concerning torts due to sexual misconduct. NY has. The Jury subject to appellate review of questions of law shall decide. Good enough for me. | |||
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I realize some states have lifted the statute of imitations, but that's stupid. Not surprising for New York. | |||
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Trump's lawyer made a Motion for Mistrial. Basis was that he doesn't like the judge's rulings. I don't know how he talks his lawyers into doing shit that flushes their legal reputations down the toilet. -Every damn thing is your own fault if you are any good. | |||
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| One of Us |
He can see with his own 2 eyes and hear with his own 2 ears what [what, not who] the American voters voted for. Give me a home where the buffalo roam and I'll show you a house full of buffalo shit. | |||
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| One of Us |
I thought you said once in the past that this was a routine first motion made in pretty much every trial? It usually doesn't work, but if it does, you are done... I hope with all the money DJT is paying lawyers they are a little better than "My client doesn't like your rulings." | |||
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| One of Us |
The common motion is a motion for a directed verdict made at the conclusion of the plaintiffs case. It is essentially saying that the plaintiff has failed to prove their case by a preponderance of the evidence. They are routinely denied since the judge will simply let the case go to the jury and they can assess the weight of the evidence. What Trump’s lawyers filed is bizarre and atypical. It is essentially making a Charlie Brown-esk type argument complaining about the judge always picking on them. For a man supposedly with money, he sure seems to attract some oddball lawyers. I guess when you have a history of not paying your lawyers it might be hard to attract the best and brightest. Mike | |||
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