Trump Jr. and Ivanka Fire Back After Being Subpoenaed by New York Attorney General

truthpress.news ^ | 1/3/2021 | truthpress.news

[mom.mom]

What about the murderous efforts by Cuomo concerning the nursing home killings where thousands died. What? That’s legal?

[kvanbrunt2]

My only choice will be the candidate that recinds the eua and allows every person mandated Vax and got an adverse reaction the ability to sue for 100 fold recovery. Limit $1b each adverse reaction to company, cdc, fauci, govs.

[1066AD]

Are prosecutors allowed to literally pick a random stranger off the street and begin issuing subpoenas to see if they can find a crime they can prosecute them for?

“Show me the man, and I’ll show you the crime.”

Lavrenti Beria

[FormerFRLurker]

There’s a way.

It’s why they abhor the Second Amendment.

I prefer secession myself. Let the Dims run the blue states into the ground while red states prosper. The last few election cycles prove that Red America and Blue America's differences are too great to be governed as a single country. 330 million people is too large a population to govern without a China or India-style autocratic government. Let the two Americas go their separate ways.

[Metrobank]

Many others all bankrolled by George Soros. That is the common thread.

[FormerFRLurker]

NY would get the one finger salute from me too.

OTOH if Trump defies the subpoena that sets him up for a contempt charge. If I were in Trump's shoes I'd show up in court with a top lawyer, who would rapidly show the accusations to be a nothingburger. I don't for one minute believe Trump actually has anything to hide, so he should give them enough rope to hang themselves, metaphorically speaking.

[windsorknot]

I’m back in the U.S.S.R.
You don’t know how lucky you are boy
Back in the U.S.S.R. (Yeah)

[HKMk23]

Well, in order pf preference I prefer a Convention of Sates before everything else, since it’s Constitutionally provided for. But, then — yeah — secession.

Here’s the biggest problem, as I see it: granularity.

Secession doesn’t deal with the ongoing acts of politically nefarious individuals within the seceded State; they have to be dealt with case by case.

I’d prefer to see them identified and deported, but that can’t be the only tool in the bag.

[marktwain]

Can a lawyer here explain to me why they can issue subpoenas without probable cause? Are prosecutors allowed to literally pick a random stranger off the street and begin issuing subpoenas to see if they can find a crime they can prosecute them for?

It is worse than that. In the 1970's, the Supreme Court gave prosecutors absolute immunity from civil lawsuit, no matter how egregious their behavior, as long as they could tie that behavior to some sort of investigation or prosecution involved with their office.

It did not exist before. It was the Imbler case:

In 1976, the Supreme Court decided that prosecutors have absolute immunity—and so cannot be sued—for misconduct related to their advocacy in the courtroom. Imbler v. Pachtman, 424 U.S. 409 (1976). The Court expressed concerned that if prosecutors could be sued for decisions they make, they may start second-guessing themselves: “[It is] better to leave unredressed the wrongs done by dishonest officers than to subject those who try to do their duty to the constant dread of retaliation.” Id. at 428. That means prosecutors cannot be sued for injuries caused by their own misconduct—for example, coercing witnesses to lie, hiding evidence of innocence, or fabricating evidence of guilt—even when they’ve intentionally violated an individual’s constitutional rights or caused a wrongful conviction.

[Eagle Forgotten]

Can a lawyer here explain to me why they can issue subpoenas without probable cause? Are prosecutors allowed to literally pick a random stranger off the street and begin issuing subpoenas to see if they can find a crime they can prosecute them for? If I am correct, there were no allegations that Trump did anything wrong, but the prosecutors are trying to find something.

There’s a difference between a civil case and a criminal case. You’re thinking of the Fourth Amendment requirement of probable cause for the issuance of a search warrant – in a criminal case. This case is civil. Pretrial discovery is much broader in civil actions.

Did the Trump family members do anything wrong? Even if they didn’t, they can be compelled to testify. I’d find it quite plausible that some lower-down employee in the Trump Organization, wanting to make the numbers for his unit look better, cut a few corners. The people who were running the company can be asked things like “Whose responsibility was this,” “Upon whom did you rely for the details when you signed this tax return,” etc. Then that person can be subpoenaed. All this is relevant to determining whether the Trump Organization owes some back taxes.

[Eagle Forgotten]

She’s looking for evidence.

Whatever happened to having it first then pressing charges?

What about the Fifth?

You answered your own question. She’s not pressing charges, she’s gathering evidence, which precedes any charges.

As for the Fifth, it applies to a criminal case. This investigation is civil. In a civil case, you can’t refuse to answer questions just because the evidence you give might work against you.

The exception is that you can invoke the Fifth in a civil case if your compelled testimony might then be used against you in a criminal case. So the Trump family members could respond to the subpoena by showing up and then refusing to answer any questions after giving their names.

BUT exception to the exception: In post #12 above, Mouton says there can’t be a criminal indictment because the statute of limitations has run. If so, then Trump and his kids have no criminal jeopardy, so they can’t invoke the Fifth.

[Yogafist]

Thank you.

[july4thfreedomfoundation]

I feel the same way about Don Jr.

Great guy!