The definition of insanity is doing the same thing over and over again, and expecting a different outcome

I’m sure that there’s some way that this could get worse for Traitor Tot, but for the life of me, I can’t figure out how. Trump has taken his ego and persona to a new low, and it may end up costing him from his personal fortune, if you can call it that BIGLY.

For 50 years, The Trumpster Fire has made his bones and tough guy persona on two legal principles. First, when threatened by litigation Trump styled himself as the King of litigation! He used his alleged deep pockets to threaten litigants with professional and personal bankruptcy by dragging the litigation out for years, if not decades. Hell, those lawyers were on retainer anyway.

And when sued by somebody with equal or deeper pockets, Trump’s bad*ss persona was that He. Never. Settles! Which is total and unutterable bullsh*t. Legal history is replete with examples of His Lowness being sued, bluffing and snarling, filing countersuits, and when the jury was about to be empaneled? Meekly settling the lawsuit with no admission of wrongdoing. 

It’s falied. In the Trump University case, Trump defended his boondoggle as legitimate, long after the gig was up. Instead he insulted the Hispanic judge, ranted and raved, and ended up paying some $25 million, more than he likely could have gotten in a pre-trial settlement.

And in the infamous Trump Charitable Foundation, a personal slush fund in which El Pendejo Presidente though that signed Tim Tebow University of Florida football helmets, and schlock six foot paintings of his dumpster diving self were legitimate use of charitable donations, rather than making restitution and shutting the scam down, Trump went to court and still got shut down, paid more restitution than he would have in a settlement, and got his family barred from seats on a charitable board in the future.

But now Trump may well have literally crossed the Rubicon in his legal arrogance. The jury was seated today in the E Jean Carroll defamation and rape trial against Trump. And this trial is like nothing The Cheeto Prophet has ever had to deal with before.

For starters, Trump is being accused of rape in a civil court case. Because it’s a civil case, even if found guilty Trump will not face incarceration. But what he will face is the realization that he has been civilly found to be a rapist. And that’s as serious as sh*t gets.

Worse yet, FrankenTrump seems blissfully ignorant of the difference between a criminal and a civil trial. In a criminal trial Trump would have to be proven to be guilty beyond a reasonable doubt. That means that the jury can’t legally find a way in which Trump is not guilty. But in a civil case, the red line is a preponderance of the evidence. Which basically means that if the nine member jury comes to a unanimous decision that it is 51% likely that Trump did what Carroll says he did, then he’s a rapist. And should pay for it.

And E Jean Carroll appears to be loaded for bear. If reporting is correct, Carroll has two  witnesses that she imparted the tale to at the time, even though she chose not to report it to the police. And sh also has two witnesses on tap that the judge is allowing to testify that His Lowness tried to pull the same sh*t with them.

A personal aside here. I have been the foreman on two civil case juries in my life. The first was for a fender bender that never should have gotten to trial, and the second one was a dental malpractice case. Man! Talk about cruel and unusual punishment. Endless hours of videotaped deposition testimony from a bunch of dentists who don’t agree with each other.

But if I learned one thing in the trenches, and any of you reading who have actually sat on a jury, it’s this. Jurors take their job very seriously. We didn’t want to be there. But we showed up to e holding room. And goddammit, if our name is called, and we’re sworn in, we take our job very seriously. It’s out oath as jurors.

Which is the true beauty of the American judicial system. In taking the decision away from an impartial judge, and giving it to actual humans, you allow for the human experience to comes into play. Iconic Prosecutor Vince Bugliosi put it perfectly when he told the Manson jury, When you walk into that deliberation room, you bring in an average 480 years of life experience with you. You don’t leave that at the door, and you can use it to guide you in your deliberations.

Bugliosi nailed it. The Carroll witnesses are going to come across as dignified, sympathetic, and heartfelt. And the cross examination of Trump’s 4rd rate K-Mart lawyers is going to come off as arrogant, abrasive, and belittling. And as a former juror, I can personally tell you that my own personal feelings about the authenticity and sincerity of a witness, as well as the effectiveness of the cross examination weighed heavily on my opinions as to the veracity of the testimony.

Simple fact. Trump should have settled this goddamned suit years ago, for damn near whatever Carroll wanted. But Trump saw one of the dwindling number of people he knew who were older than him, and rolled the dice on her dying before the case actually came to trial. And now he’s about to die by the sword.

 

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3 COMMENTS

  1. Are they allowing the Access Hollywood tape as evidence? And the fact that Traitor Tot, after saying she wasn’t his type, mistook.her for Marla,Maples, his second wife? His own big mouth pretty much makes the case for her.
    If I were on the jury,,I would also.find it telling that he was afraid of facing her in court so he chose not to be present for the trial.

    • Unless I’m mistaken the Access Hollywood tape will be admitted into evidence, along with testimony from other women Trump has sexaully assaulted. It goes to a pattern of conduct and is the type of thing attorneys fight over in pre-trial motions. Again, Trump lost a lot more of these than he won and that likely accounts for his freaking out as this trial was approaching and the last minute attempt to delay it another month (no doubt so they could come up with “better” excuses for even more delay) got shot down. It’s showtime now and it’s going to be an ugly show for Trump. Here’s what I’m keeping an eye on though. If Carroll wins there’s another case that seems to have been revived out in California. Trump raping a minor! The women got outed and of course vilified up to and including credible death threats so she declined moving forward to court. However as I said that case has new life and if Trump loses in NY this one will pick up steam. And others may well get filed.

  2. Thanks MURPH Good piece but a lot of typos. Sharing with them corrected.
    And an aside I have a friend who met and married someone he met in Jury Duty room! I Love their Story.

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