Everyone thinking about Trump and court stuff in October has been concentrating on NY Attorney General Letecia James’ Civil suit. Since it’s a Civil case Trump won’t be required to be there. Hell, he and even more so his lawyers shudder at the thought of how a jury will react to Trump at the defense table! However, news broke earlier that Trump will in fact be required to show up in person for a court proceeding after all. A judge has ruled the come October 3, Trump will have to appear at a place of Cohen’s choosing and sit for up to nine hours of deposition.

Wherever Trump is, the walls are (again!) dripping ketchup tonight. As we know Trump loves threatening lawsuits.  Sometimes he actually goes ahead and does it despite the fact he doesn’t tend to do so well in Civil Court. (We can hope his luck, or lack of it continues on the criminal side) In any case Michael Cohen is one of those folks who’ve been living rent free in Trump’s head, and in Cohen’s case for quite a while now.  At one time Cohen was all-in for Trump but once the scales fell from his eyes he became all-out/against Trump and with a vengeance. Cohen did wind up getting convicted and going to prison, for lying to protect Trump! That’s a point Cohen used with some effect when GOPers attacked him as a “convicted felon” but Cohen has accepted he was stupid and deserved to be punished.

I think however where Cohen might simply have been someone who’d pop up now and then to take shots at Trump, his early release from prison during Covid (something granted to lots of non-violent first offenders) was something Trump couldn’t abide. So Trump had his pet (at least then) AG Billirubin Barr put Cohen back in prison! Cohen went to court and quickly won but I think that had an effect. Cohen went from Trump critic who wanted to atone into a sworn blood enemy. One who knew where a lot of skeletons were hidden away, and also able to give firsthand accounts that confirmed so much of what those of us with clear eyes and common sense have seen/sensed about Trump.

On a regular basis, Cohen is there. Talking about Trump’s sins and his (Cohen’s) once having taken active part in helping Trump commit and get away with them. Finally Trump couldn’t take it anymore, this continual stuff of Cohen getting on TV or writing opinion pieces and decided to shut Cohen up by SUING him. And, as I said unlike in most instances where Trump makes the threats this time he followed through and as this CNN story reports filed a 500 million lawsuit against Cohen. I’ll bet Trump felt so good about his “Take THAT Cohen!” move he had three scoops of ice-cream that night instead of only two.

However, there’s a reason why Trump’s threats to sue people usually remain threats. HE can be deposed and we all know Trump does not do well in depositions. In fact, he tends to cripple his chances of prevailing. Before I continue a quick legal lesson: You of course know that in a criminal trial the 5th Amendment affords someone the right not to answer a question(s) because it might incriminate them.  “Might.” That’s an important word that gets overlooked. More importantly, judges instruct juries that someone including and especially a defendant that takes the stand cannot have invoking the 5th count against them in jury deliberations.

I’ll resist the urge to get into an example to prove why this is so important but will say that most jurors, as I’m sure our own Murfster who has firsthand experience on a jury will attest take their duties seriously. They make a real effort not to hold invoking the 5th against a defendant. However, while the 5th isn’t a common thing in Civil cases it is sometimes used. However, the rules are quite different. Basically, a judge or a jury CAN in some circumstances use someone’s refusal to answer a question(s) by invoking the fifth against them in deliberations.

That brings us back to where we started. As this article from Meidas Touch Network notes earlier this week Cohen wanted to depose Trump who predictably has tried to keep from happening. So, Cohen filed a motion seeking to have Trump choose a date/place to be deposed. Trump refused. Judges, particular federal ones have become much less inclined to put up with Trump’s delay antics and once again Trump has gotten a legal hammer dropped on his fluffy combover:

The federal judge overseeing Donald Trump’s frivolous $500 million civil lawsuit against his former attorney Michael Cohen ordered that the disgraced ex-president must show up to be deposed on October 3rd at the time and location of Cohen’s choosing.

As I said earlier the judge has given Cohen/his lawyers up to NINE HOURS to depose Trump. The article notes how on a podcast Cohen spoke of Trump’s short attention span and wondered how he’d ever be able to sit through nine hours of being grilled, noting “the guy has the attention span of a peanut.” More to the point though is that Cohen goes on to say Trump will be using another attorney and plans to invoke the 5th Amendment. I’m not sure how Cohen knows that but I doubt he’d be saying it if his own lawyer hadn’t talked with this new Trump lawyer and been told something to the effect “Even if you do manage to get a deposition expect him to either plead the fifth or say he doesn’t remember to anything you ask.” It’s one of those rare times when Trump is being truthful I think.

IF Trump does pull such a stunt and invokes the 5th over and over this won’t go well for him. At best he’ll be lucky if the judge simply dismisses the case outright at the appropriate time and it never gets to trial. Losing will be costly not only in his own legal fees, but Trump having to pay Cohen’s expenses. However, Trump having actually filed this case means Cohen has really gotten under his ugly orange skin so who knows? Trump may be delusional enough to, if the judge lets the case proceed take it to trial. After all, the lawyer he’s gotten for this probably isn’t exactly top-level talent. And Trump thinks he knows more than anyone about everything.

Trump may well decide to play with fire in this deposition and if he does he’ll get burned “bigly time.”  As the Meidas article notes:

While the Fifth Amendment guarantees that no person “shall be compelled in any criminal case to be a witness against himself,” taking the Fifth in civil litigation has different implications. A witness’s invocation of the Fifth Amendment in civil litigation may give rise to an adverse inference “when independent evidence exists of the fact to which the party refuses to answer.”

Compared to everything else going on with all Trump’s legal problems this has been under the radar but as I’ve said more than once here it could wind up costing him dearly. However, that’s not the best reason for you to keep an eye out on what happens with this case. Oh no, there’s a much better reason. TRUMP is the plaintiff. HE is the one that started all this and now it seems he can’t back down without losing face. This is Trump being Wile E. Coyote blowing himself up with his Trump version of Acme Lawsuit Kit!

I for one will laugh my butt off when it happens.

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    • I’m fond of the old saw about being careful what you wish for. Trump could have stuck to his normal blustering about suing and used it to paint himself as a “tough guy” who’d teach Cohen a lesson. Albeit like with his health care or infrastructure plans – “soon” or “in a couple of weeks.” MAGAs would have eaten that up. Now he’s facing seeing himself not a long time ago, but right now when he most needs to be projecting strength having to sit there for hours, sullenly and petulantly dodging even the most simple questions. Should things move along that this particular trial starts during the campaign clips of Trump’s deposition WILL come out and like I said, it’s not going to go well for him. Sure, Fox will refuse to show any of it but everyone else will and not all MAGAs will be walled off from it!

  1. Well, I reckon Mr. Cohen will be enjoying himself. Would that this were televised because I have a feeling former guy will turn this into an epic sh*tshow what with Cohen being a former underling and one who turned on him.

    • Michael Cohen will get truly some revenge, as well as holding dirty donnie’s feet to the fire and deservedly so, remember he spent time in jail and was released early because of Covid then Bill Barr had him back in jail as per Donnie’s instructions NOW the preverbal shit show with all the 5th revelations from donnie will be a continuous diarrhea spew OMG and maybe the judge will step in!

  2. Filling in a little more recent back history between the 2: In 2019 Cohen sued Trump for $1.3 Million in attorneys fees never paid by Trump to Cohen. Opening arguments were scheduled to begin July 24, 2023, with Donald Trump, Jr. scheduled to testify… when this matter was settled out of court on July 21, 2023, by Trump Organization supposedly paying an undisclosed amount to Cohen. On April 12, 2023, Trump had counter-sued Cohen seeking $500,000 against Cohen for violating a company confidentiality agreement, breaching ethical standards for lawyers and maliciously “spreading falsehoods” about Trump. This is nothing more than using and abusing the judicial system as a form of harassment and intimidation”. This is the exact the same pattern of behavior Trump & Weisselberg engaged in for decades against NY/NJ contractors after he failed to pay them at all for work completed. On top of Trump not paying them at all and the contractors being out tens of thousands for materials plus labor paid to employees, he would drag out his lawsuits for years draining the businesses & forcing them into bankruptcy one after another. That’s also his modus operandi here, and it’s also likely that Trump is withholding paying Cohen the settlement amount agreed to in July … to drain Cohen’s ability to pay for lawyers to properly defend himself against the April 2023 lawsuit.

    Sooner or later Trump’s house of cards will come falling down, with he himself not being able to pay his own attorney fees, and all attorneys knowing Trump’s long history of stiffing attorneys… all attorneys demanding massive retainers up front and pay as you go or they no longer represent him.

    Remember when 1 year ago, U.S. District Judge Donald Middlebrooks dismissed a lawsuit Trump filed against Hillary Clinton, and he sanctioned members of Trump’s legal team over intentional abuse of the legal system and said Trump’s allegations were “political grievances masquerading as legal claims.” Apparently, nothing will stop Trump from using and abusing the judicial system as a form of harassment and intimidation, until he runs out of $ to pay attorneys or can no longer find an attorney who wants to represent him. Seems we’re getting closer & closer to that time. Looking forward to the time when Trump’s looking at the judicial system from a whole ‘nother perspective – through prison bars.


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