This article is part of TPM Cafe, TPM’s home for opinion and news analysis.
This is a companion discussion topic for the original entry at https://talkingpointsmemo.com/?p=1322699
This article is part of TPM Cafe, TPM’s home for opinion and news analysis.
So he lost and discovery is nearer than ever. I see the simple solution, the solution that should have taken place 4 years ago, settle with a non-disclosure attached as to term. She will take it as she eventually needs to pay the attorney fees and other expenses.
That may be the best he can do, but is it good enough? Settling a case like this won’t look so good.
Note from the mystery billionaire: Bring me any proposed settlement, Summer, and I will match it in exchange for you not settling. And, by the way, I’m an actual billionaire.
My understanding is Covid19 has slowed civil litigation in New York to a crawl.
But not a standstill. Our mystery billionaire may be interested in spreading around some campaign funds to the various Gotham judicial functionaries to speed the process for Summer.
I understand that Chiselin’ Trump already has a ghostwriter working on a new book, which has the working title The Summer of My Discontent.
Sorry to disappoint you, but there is no way that this case will produce any evidence before the election. (I am a retired attorney who practiced in New York State for 50 years, including appellate cases.)
The New York Court of Appeals (the highest court in New York) granted Trump leave to appeal, and the case is pending there. It has been fully briefed but it is not on the September or October calendars. Unless Trump consent to the dismissal of the appeal, therefore, it will not be even heard before the election.
And even if it were dismissed on consent, there is no way that discovery would take place before the election. The court will defer this until after the campaign.
Subtitled: Or How I Was Mistreated.
And if her suit goes forward, she will get to ask the President to produce discovery and she will have the ability to depose him, which would provide her the opportunity to ask him about a pandora’s box of alleged misdeeds.
Or, far more likely in my opinion, a fat settlement with attendant NDA and paid for by Trump’s supporters. And either one after the election, not before.
Gee, aren’t we all a bit concerned that Rump is being victimized by Zervos?
But between the two cases, there is an unlikely beneficiary: anyone who is suing Trump in civil state court. The reasons are three-fold: for one, if the President is not above the law and is going to be treated as any other citizen, then he can be sued just like any other citizen. Secondly, the Supreme Court rejected the notion in Vance that the Supremacy Clause of the Constitution protected the President from suit in state courts. And thirdly, the Supreme Court made clear in Vance that the Supreme Court was reaffirming the legal reasoning of an earlier case called Clinton v. Jones .
I thought this was established in Jones vs. Clinton?
He’ll settle before it even comes close to discovery. This is his standard MO.
she will have the ability to depose him
‘Depose’ is a word with two very different meanings. Here, it means to ask someone questions under oath outside of open court. A shame the other meaning - to remove someone from office suddenly and by force - isn’t operative here.
Victory?? Time and money for years, short of a settlement.
I thought when he settled his fraudulent University he was done, since it scammed regular folk - but nope.
“Mr. Bloomberg — is that you?”
The list is long and full of familiar names. For that matter, I may launch a go-fund-me page for Summer to reject any overture from the Trump cartel.
Far more likely paid from the campaign fund. Or maybe that’s what you meant.
There are some 10,000 comedians out of work at the moment…just sayin’.