Habba Dabba stepped in some Dudu...
I'm not sure where Trump picked up attorney Alina Habba, but she's doing an excellent job of digging a hole in which to fall into. Remember, she's the one who didn't 'click the box' to request a jury trial that Trump is blaming on the court. She's been speaking out of turn and told several times by the judge to sit down.She asked for a court delay on the E. Jean Carroll trial claiming she was exposed to COVID and had a fever, however she wasn't wearing a mask during the hearing. The next day she was seen at the celebration of Trump's New Hampshire primary win.
Dylan Quattricci documented the greet on his Twitter account calling her Trump's rockstar attorney and a huge inspiration.
I'm thinking...
She lied to a judge, attended a political rally, showing political judgement, attempted to falsely delay a trial.
Those actions fall under the bar association guidelines.
She could be removed from the case and the bench.
I've said this before, if Trump fires his attorneys, he won't pay _and_ request a delay from the court so he can secure new representation.
Me thinks that rockstar attorney Habba Dabba Du stepped in some Dudu...
A few links:
Comments (32)
Then what is the reward in representing T-rump Wrecks at all? Promises of a cabinet post for a month until replaced by the next fart-catcher?
Then what is the reward in representing T-rump Wrecks at all? Promises of a cabinet post for a month until replaced by the next fart-catcher?
It hasn't helped much given the $83.3M verdict.
That's more per person than Rudi's $148M by nearly $10M.
Awards appear to be escalating, so it'll be interesting to see the outcome of the inevitable third trial.
He will file for bankruptcy before paying any money.
"Man, imagine getting paid $3.5M and your client ending up with an $83M verdict.
Yikes. Not a great return-of-investment in having Habba as your attorney."
He will file for bankruptcy before paying any money.
As I understand it, the $5M awarded to E. Jean Carroll from the first trial had to be secured before Trump could appeal the verdict according to NY law.
With this $83M award plus the predicted $370M disgorgement from his NY fraud trial, that will more than wipe out the $400M ready cash Trump claimed he had for the purposes of trial(s).
With him potentially losing his NY businesses, licenses, assets and ready cash, he may qualify for bankruptcy, but I doubt that means he gets to keep everything and pay nothing under NY law.
Besides, it doesn't really matter if Trump can pay it all, or not. The point is to vindicate Carroll and to stop Trump and his supporters from perpetually victimising his rape victim. The $65M punitive element of the award says STFU with your abuse, or you will be financialy ruined.
That's all he had to do, the STFU thing.
I guess he knows his trajectory is financial ruin and the rest of his natural life incarcerated. His only hope is being re-elected and becoming a dictator so he can dictate his own fate. Persistently defaming Carroll impresses his core supporters, as would going to prison. I imagine it's one of the reasons why he hasn't had his pre-trial release revoked in the DC conspiracy case, or hasn't been held in contempt for acting out like a child in the defamation case. It's all a strategic balancing act with everyone trying to get their best outcome.
So far, team Trump's attempts to delay, get a mistrial, get Trump removed from court, or detained, etc. for the benefit of his campaign/grifting haven't worked terribly well except for the federal presidential immunity appeal delaying the March 4th trial date in Washington.
I recently heard someone say (it might have been Ben Meiselas) that whilst Jack Smith is playing a sophisticated game of chess, team Trump is playing hide and seek. I think that's perhaps true for all those involved in holding Trump to account given the apparant care to manage Trump and to avoid appealable pitfalls.
What I've found most interesting are reports of Judge Kaplan demanding Trump's conformity and Trump obeying. That speaks volumes.
That's not what happened.
The original $5M award was for s*xual abuse and Trump defaming his rape victim afterwards when she spoke out about it.
The $83.3 award included a $65M punitive element for Trump continuing to defame his rape victim after the first case and during the second. The punitive damages are meant to send the message that the defendent, whether Trump, Giuliani, or anyone else, cannot continue to defame those they have, and are victimising without consequence.
Presumably the punitive award goes back into the court coffers. Having a second defamation case because Trump continued to flout the law shouldn't be at the expense of US citizens.
Palatore also tried to sew the seed of blame on Habba for Trump's behaviour: he tried to make out that it was a possibility that Habba hadn't told Trump how to behave in court, and possibly by extension, not to continue defaming Carroll in, and outside of court. This is yet more of the MAGA tactic where Trump is framed as the victim and blame is deflected onto someone else.
If Trump can't work out for himself how to behave in court, or not to continue defaming someone after he's been found liable for defamation of that person, the implication is that he's intellectually challenged. Various judges have also told Trump how to behave inside and outside of court in various cases, including Judge Lewis Kaplan reportedly bellowing at him to sit down and be quiet.
Blaming Trump's behaviour on Habba is not going to hold traction in the appellate courts, but it does provide a scapegoat for Trump's supporters. Palatore's analysis wasn't a legal one, it was a Trump campaign spin just as Habba's approach is. They are choosing this tactic because they have no effective legal recourse.
It appears her parents qualify for the 'poisoning the blood of our country' as they fled persecution in Iraq in the early 1980s.
Presumably the punitive award goes back into the court coffers. Having a second defamation case because Trump continued to flout the law shouldn't be at the expense of US citizens.
Who is 'they'?
Who is 'they'?
I thought you were on to this 'spark of hope' for Trump.
I thought you were on to this 'spark of hope' for Trump.
Carroll will receive $18.3M, $11M of which is to fund a reputational repair campaign and $7.3M to compensate her for the emotional harm caused her by Trump's defamatory statements.
I've just dug deeper and it seems the punitive damages are also awarded to Carroll. They are awarded to deter the liable party from repeating their egregious behaviour, but are also put in place to cover medical, or other costs incurred as a result of the defendent's behaviour.
The punitive damages are awarded according to detailed criteria and are typically capped at no more than four times compensatory damages. They are taxable as 'other income', however.
Habba has 30 days to file to Judge Kaplan for remittitur (to reduce the size of the award), or vacatur (to set aside, or vacate the jury judement), but under those circumstances the judge could also increase the award.
To appeal the case, Trump must put up $83.3M plus interest in bond (or possibly 10% of that), just as he's handed over the $5M+ in order to appeal the first case. If a part of that appeal strategy is to claim Judge Kaplan had a vested interest in the size of the award it would surely have to be demonstrated that he manipulated the jury outside of the state's compensatory and punitive damages criteria and that he would somehow directly benefit from Carroll's tax bill.
Carroll will receive $18.3M, $11M of which is to fund a reputational repair campaign and $7.3M to compensate her for the emotional harm caused her by Trump's defamatory statements.
I've just dug deeper and it seems the punitive damages are also awarded to Carroll. They are awarded to deter the liable party from repeating their egregious behaviour, but are also put in place to cover medical, or other costs incurred as a result of the defendent's behaviour.
The punitive damages are awarded according to detailed criteria and are typically capped at no more than four times compensatory damages. They are taxable as 'other income', however.
Habba has 30 days to file to Judge Kaplan for remittitur (to reduce the size of the award), or vacatur (to set aside, or vacate the jury judement), but under those circumstances the judge could also increase the award.
To appeal the case, Trump must put up $83.3M plus interest in bond (or possibly 10% of that), just as he's handed over the $5M+ in order to appeal the first case. If a part of that appeal strategy is to claim Judge Kaplan had a vested interest in the size of the award it would surely have to be demonstrated that he manipulated the jury outside of the state's compensatory and punitive damages criteria and that he would somehow directly benefit from Carroll's tax bill.
And one last question, who pays costs and how much will that be?
And one last question, who pays costs and how much will that be?
On what grounds do you think the state might ask for a cut of the amount awarded to Carroll?
Which costs are you referring to?
On what grounds do you think the state might ask for a cut of the amount awarded to Carroll?
Which costs are you referring to?
New York State may split punitive awards, it's their call.
Legal costs, for Carroll and the State.
Sil vous plait.
She talked about the bloody palm Trump had, His mental state, why he uses two hand to hold a cup to drink water, the outcome of the 2024 election, and Trump demise. Take a listen.
He will file for bankruptcy before paying any money.
So, $5.2M + 10% is being held in the court registry from the first trial pending the appeal. If, or when Trump loses that appeal Carroll will receive that money. That will take 1-2 years to work it's way through the appellate court.
If Trump doesn't appeal this second trial, payment of the $83.3M can be enforced straight away from Trump's bank accounts. Because the Trump organisation is under the monitor of Barbara Jones, his bank accounts are known.
If Trump wants to appeal the second case, he could either stump up the full $83.3 +10% to be held in the court registry, or try and post a 10% bond (about $10M) through a bonding company.
He would have to provide accurate financial documents for a bonding company to accept liability for the remaining 90%. That is perhaps unlikely given Trump has been found liable for persistent fraud in the NY civil suit against him and Barbara Jones has flagged errors and misstatements in the last year+ since the trial began.
Any financial actions have to be approved by Barabara Jones, whether that's securing the award pending appeal, or presumably, filing for bankruptcy.
Trump's only hope is if the three appellate judges in the DC circuit court, or ultimately the Supreme Court rules that a president and/or ex-president has immunity from any criminal, or civil litigation. In that very unlikely event, both verdicts in Carroll's favour would be vacated.
New York State may split punitive awards, it's their call.
Legal costs, for Carroll and the State.
Sil vous plait.
Who is 'New York State' and what is the mechanism for 'splitting' a specific award by a jury verdict?
So, $5.2M + 10% is being held in the court registry from the first trial pending the appeal. If, or when Trump loses that appeal Carroll will receive that money. That will take 1-2 years to work it's way through the appellate court.
If Trump doesn't appeal this second trial, payment of the $83.3M can be enforced straight away from Trump's bank accounts. Because the Trump organisation is under the monitor of Barbara Jones, his bank accounts are known.
If Trump wants to appeal the second case, he could either stump up the full $83.3 +10% to be held in the court registry, or try and post a 10% bond (about $10M) through a bonding company.
He would have to provide accurate financial documents for a bonding company to accept liability for the remaining 90%. That is perhaps unlikely given Trump has been found liable for persistent fraud in the NY civil suit against him and Barbara Jones has flagged errors and misstatements in the last year+ since the trial began.
Any financial actions have to be approved by Barabara Jones, whether that's securing the award pending appeal, or presumably, filing for bankruptcy.
Trump's only hope is if the three appellate judges in the DC circuit court, or ultimately the Supreme Court rules that a president and/or ex-president has immunity from any criminal, or civil litigation. In that very unlikely event, both verdicts in Carroll's favour would be vacated.
REMEMBER, we are talking about Trump who spits on the USA laws and believes it does not apply to him.
He know how to transfer assets, make sure his wife is the owner of properties/monies. His children are gifted the same. Pay attention as to who the respondents are in every case. If his family members are not name in the trials they are not liable.
I want to know how many of the monies are in foreign banks that can't be transfer to the USA.
Never take your eyes off deviant people.
Who is 'New York State' and what is the mechanism for 'splitting' a specific award by a jury verdict?
New York State dropped that Statute.
New York State dropped that Statute.
REMEMBER, we are talking about Trump who spits on the USA laws and believes it does not apply to him.
He know how to transfer assets, make sure his wife is the owner of properties/monies. His children are gifted the same. Pay attention as to who the respondents are in every case. If his family members are not name in the trials they are not liable.
I want to know how many of the monies are in foreign banks that can't be transfer to the USA.
Never take your eyes off deviant people.
"Presumably the punitive award goes back into the court coffers. Having a second defamation case because Trump continued to flout the law shouldn't be at the expense of US citizens."
I thought your presumption was based on something you knew but I should have known better.
There is information available if you care to check.
"Presumably the punitive award goes back into the court coffers. Having a second defamation case because Trump continued to flout the law shouldn't be at the expense of US citizens."
I thought your presumption was based on something you knew but I should have known better.
There is information available if you care to check.
I'm not scared to admit my mistakes.
I'm reading that's not possible.
Former President Donald Trump's appeal of the $83.3 million verdict in the defamation case brought by E. Jean Carroll is unlikely to succeed, legal experts say.
"Let me ruin the suspense for everyone. Trump doesn't have an appeal," Nashville lawyer Brian Manookian argued Friday. "I know the talking heads on TV who have never tried a case or appealed a jury verdict have to mention it. Here's why it isn't going to fly."
A person must "preserve a reversible error at the trial level" in order to have a case with merit on appeal, Manookian explained, ultimately blaming Trump's lack thereof on his legal team in the case.
"This is why you hire competent counsel. You need someone who actually knows the rules of evidence and procedure," he said. "Alina Habba had no clue what was occurring throughout the trial. She not only failed to preserve any remote grounds for appeal, like a moron, she repeatedly and unintentionally waived them over and over."
"Unfortunately for Mr. Trump, what she was doing over and over was waiving his ability to appeal over those evidentiary issues," Manookian added, discussing Habba saying "no objection" to exhibits as they were entered into evidence. "Because she is a moron who would rather *play* lawyer than do the research to *be* a lawyer."
Link:
I'm reading that's not possible.
Having merit to appeal hasn't stopped Trump as yet, even up to the Supreme Court.
At which stage the appeal is rejected is a different matter: if my memory serves me correctly, in the sixty or so cases of election fraud Trump appealed to the Supreme Court, they refused to review every single, meritless one.
He might throw Habba under the bus claiming ineffective counsel, but the question remains whether effective counsel could have altered the outcome. With other cases and costs arriving all at once like a No.13 bus, perhaps flogging the dead horse of the E. Jean Carroll defamation suit(s) isn't going to serve him well.
Losing the 'Teflon Don' invincibility image (or Donald Von Schitzenpanz as Michael Cohen has taken to calling him) is bad enough - it's maybe best if this monumental defeat isn't affirmed in six months, or a year's time when Trump is in the thick of his criminal trials and the election. Especially if he's going to lose the $83.3M + interest + appeal costs anyway.
It will also funnel personnel resources away from his other trials. Lawyers may be hard to come by as he appears to naturally haemorrhage them before he can fire them.
The only advantage for Trump that I can see in having the award held on bond while he appeals, is to torment Carroll for as long as possible as punishment for not being grateful that he raped her. As she's 80 years old, he may hope his malice outlives her.
On the other hand, Habba likes to bark loudly in Trump's campaign favour and re-election is likely his only hope to avoid abject ruin. Perhaps his best strategy is to keep Habba cacophonously appealing to his supporters from her unique vantage point.
Habba was sanctioned nearly $1M in one case and some $400,000 in another under Rule 11. The former was an alleged election fraud filing and the latter, some allegation against Hillary Clinton, I think.
In other words, on behalf of Trump, Habba filed frivolous allegations without adequate investigation, or factual basis. As baseless suits squander finite resources and therefore disrupt genuine legal proceedings, civil Rule 11 breaches are sanctionable.
When Habba recently accused Judge Lewis Kaplan and prosecutor Robbie Kaplan of having an 'insane' and 'incestuous' mentor/mentee relationship, she relied on an anonymous 'informer' in a 'news' article. She did not trouble herself to ask either Kaplan, not did she research the claim before petitioning the court and causing a public stink.
Robbie Kaplan responded pointing out that whilst they both worked for the same very large law firm for under two years, they did not ever work together and to her best recollection, never met. Habba back-tracked pdq, likely because Robbie Kaplan suggested her allegations were breaches of Rule 11 and therefore sanctionable. Not only might Habba face yet more financial loss, she was also at risk of being referred to the bar for repeated Rule 11 breaches.
The political goal has likely been achieved, however. The idea of an incestuous relationship and subsequent bias in the E. Jean Carroll defamation case has been said out loud and will become concrete in the hearts and minds of Trump supporters.
Trump has used the same technique many times, including when he made various suggestions during his presidency that he may remain in office for more that two terms, even for life. It wasn't a 'thing' until he spoke it out loud, after which it became 'something' that was being discussed.
Once 'something' is being discussed, it's up for discussion. This is how Trump has insidiously placed himself in the position where the rules of democracy don't apply to him; he can attempt to hold on to power and if he regains power, he has already established that being a dictator on day one is up for discussion and even already accepted by his supporters.