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To: factoryrat
This strikes me as a criminal proceeding masquerading as a civil one, complete with the lowered burden of proof expected in the latter.

I'm not a lawyer, but let's call this for what it is: it's a $355 million dollar criminal fine being levied by the State of New York, in a kangaroo trial where the verdict was decided ahead of time without a jury on a conviction based on preponderance of the evidence instead of the standard of "beyond a reasonable doubt" usually expected in a criminal proceeding. Trump was hit with what was effectively a criminal fine without the due process of a criminal preceding.

Criminal cases are concerned with crimes and the penalties pertaining thereto. Civil cases are concerned with torts. You can have a victimless crime but not a victimless tort. It would be one thing if the state were acting on behalf of banks that had complained about Trump's actions. As it stands, the state is acting on its own behalf to enforce a "public good", not to right a civil wrong.

I don't know. Like I said, I'm not a lawyer and maybe some lurking lawyer will call my reasoning idiotic. All I know is that this seems to be a grave miscarriage of justice.

22 posted on 02/19/2024 5:44:58 PM PST by MWS
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as for the Georgia fiasco with that fatass black mama prosecutor, Laura Ingrahm had Sol Weiselberg, one of the few lawyers on t.v. that calls it as he sees it, even he said hes shocked that case hasn’t been tossed. Black Mama went to a church and declared the defense attorneys were racist...which he said is a clear ethics and due process violation, especially from a prosecutor, basically jury tampering....and he cant believe no ones has said anything about this. He claims thats grounds for the case to be thrown out, let alone her “affair” with da “strong black man”.


23 posted on 02/19/2024 6:54:38 PM PST by basalt (qb's)
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