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this post was submitted on 08 Mar 2024
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From the article ...
I missed that, thanks. So they are going on the idea that he wasn't liable for defamation because he didn't KNOWINGLY make a disparaging comment. So, still litigating the original case, which has no bearing here on the second case. The reason the judge didn't allow it is that it is a fact of record that he committed defamation originally. The second trial was only for the second defamation based on the first one. Trump is trying to retry the original lawsuit, which he can't do.
With luck, this gets rejected instantly,
With a normal SCOTUS I think it would. Under the current composition I'm not so sure.
We're in NY state court here. Federal appeals courts don't tell states how to run their own laws and assume that each state's courts understands their laws better. In any case, he's a very long shot away from going into federal court and then would have to raise a federal question to be heard there. He's something like 5 appeals away from SCOTUS if he could ever even get into federal court.
You're right. I just lept over the state's juristiction straight to SCOTUS.
My bad.
Don't worry, SCOTUS demonstrated they are willing to leap over states' jurisdiction by imposing federal power on state primaries used by private political parties, primaries that appoint state based electors to select their candidates for a coming federal election at a private national party meeting, by forcing Trump back onto Colorado's primary. So I expect them to fast track this too.
Authoritarianism centralizing control of power seems to be falling into place as the default state of our political environment, even regardless of government frameworks, political party and local/state/national differences. We are all in trouble folks.
I’m not sure he has a constitutional argument in this case.
Wait, this is trump. I’m not sure he has a valid constitutional argument here.