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Trump employs legal chicanery in thwarting alleged rape victim's lawsuit.

By Curt Anderson
January 4, 2020 12:05 am
Category: Law

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Ethan Couch is back in the news: he tested positive for THC, a parole violation, CNN reported. Couch, now 22, was the teenager from a well-off family who killed four people while driving drunk. His defense included a psychologist who claimed that the 16-year-old boy suffered from “affluenza,” a term used to describe psychological problems that can afflict children of privilege.

Ethan Couch epitomizes what most us of know: the criminal justice system is a different experience for rich people than it is for poor people. Guilty rich people can afford the very best lawyers to delay, avoid and minimize their judicial punishment. Nobody is better at playing the delay, avoid and minimize game than Donald Trump, another tragic victim of “affluenza”.

Trump's modus operandi
In Trump's impeachment hearings, Trump and Republican surrogates used procedural arguments in his defense. Trump set up roadblocks to keep his staff from testifying before Congress--even though they are the very witnesses who could exonerate Trump if he were innocent. If he were innocent.

In a lawsuit involving defamation and accusations of sexual assault and rape, Trump doesn’t deny the allegation, he uses a process argument to delay justice. In particular, Trump’s lawyers argue that the plaintiff, E. Jean Carrol is suing in the wrong venue. That’s a bit rich. Carroll said in an earlier filing that Secret Service agents blocked her attempts to serve the complaint, prompting a judge to rule that she could serve it by mail to the White House. Trump is forcing Ms. Carrol to play a game of legal whack-a-mole.

Bloomberg: Trump Says Alleged Rape Victim Can’t Sue Him in New York
President Donald Trump asked a New York judge to throw out an advice columnist’s lawsuit accusing him of defamation after he denied her claim that he raped her in a department store dressing room two decades ago.
E. Jean Carroll, who went public with her allegation against Trump in a June magazine article, can’t sue the president in New York because the statements at issue were all made in Washington, his lawyer said in a New York state court filing Friday.
Trump, who denies assaulting Carroll, said New York courts lack personal jurisdiction over him “even when the purported statements were published to New York readers/listeners, or were directed towards or caused harm to a New York citizen.” -- Link to Bloomberg News report below (subscription, limited free visits)



Cited and related links:

  1. bloomberg.com
  2. cnn.com

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