Gotcha, fat guy

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May 12th, 2023 at 9:04:44 AM permalink
rxwine
Member since: Oct 24, 2012
Threads: 189
Posts: 18776
Quote: Mission146
That's true, but that's what the friend is for. Even if Plaintiff had asked the first friend to get mum on it, don't you think the first friend would document it in some coded way that nobody except for her would know what the code means? The friend could journalize it in such a way that doesn't specifically refer to anything while knowing what the journal entry means, now you have a specific date and, arguably, evidence for that date.

We have two friends. The first friend was supposedly called within minutes of the incident-no record made. The second friend was called several days after the incident. Neither of these two friends can even give a YEAR!?

Your brother's death is very unfortunate and I can buy into the argument that one might want to put the event out of memory. That said, the complaint would indicate that the Plaintiff does remember highly specific aspects of the alleged encounter---aspects that could never be proven or disproven---some of which are completely irrelevant---but no year?

I'm not even saying that's curious. I'm not saying I suspect the Plaintiff of deliberately lying. I'm saying I don't know and am nowhere close to knowing. Now I have to guess. In order for me to guess in Plaintiff's favor, I have to think it's 50.1%+ true and there's just no way I can do that.

An accomplished writer gave tremendous detail of a specific event that happened 25+ years ago. A retelling of this event immediately after, and shortly after, the event to two different friends. Yet nobody involved can give a year or thought to somehow note the year?

I know it was a long time ago. That's why there's typically a statute of limitations for these sorts of things. Not in every case, but cases like this, statute of limitations exist to protect the accused from unprovable claims, or worse, claims that can't be proven wrong.


It's not that one isn't remembering some things well. Because you are remembering some things to the exclusion of other things when you're totally absorbed by something. I don't know if the explanation would be convincing to me in all cases, but it might in some cases.
You believe in an invisible god, and dismiss people who say they are trans? Really?
May 12th, 2023 at 9:07:03 AM permalink
Mission146
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Member since: Oct 24, 2012
Threads: 23
Posts: 4147
Quote: Gandler


You essentially made my point. The plaintiff has the prove it is likley by the preponderance of the evidence, and the jury feels that she did (on two of the claims). With all of the witnesses (including store workers from the time and people she confessed to at the time), clearly they think it likley that Trump touched her in improper ways.

So clearly she established that Trump was there. And, with his history of comments regarding changing rooms, this is not surprising.

My guess is rape is tricky, because (varies by State and not going to pretend I know NY's defintion), you have to prove there was certain acts and certain kinds of penetration to be considered rape.

I think I am being objective by agreeing with an impartial jury. I did not make a claim on this matter before a verdict was reached, because frankly until very recently I did not even know about this.

But, yes I do hate Trump, but I think I am also fair to him (I have made many posts about positive decisions he made). But, you can only say so many positive things about one of the most unlikable people in history.


Is, "Proof/Prove," a word you have ever attempted to use before?

The Plaintiff can't PROVE anything. The complaint cannot even identify a specific year.

Where is the testimony of the employees? I'd be interested in reading that. Did any actually see Trump and Carroll in the store at the same time? Evidently, Carroll states that she and Trump have only been physically in the same place twice and this alleged incident was the second of two occasions.

If the employees say they've seen Trump and Carroll in there separately a bunch, well yeah, I can't explain Carroll being there, but the store is located within one minute of Trump Tower. It wouldn't surprise me that Trump shops there from time to time.

So, what's established? That Trump was at a store within one minute of Trump Tower at some point in a nine month period? Yeah, no shizz. I'm also at stores located within one mile of me (none are within a minute walking, of me) a lot of the time, as well.

I think rape is tricky because you'd have to make a potentially falsifiable claim in the first place. "Yeah, he raped me within one minute of where he lives at some point in a nine month period. It was also more than a quarter of a century ago."

Yeah, that's going to be a little, 'Tricky,' to demonstrate.

Of course, it would be quite possible to demonstrate its opposite if some more specific claim were being made with respect to timeframe.

Simply put, if this complaint were false, then it was written in such a way as to take almost zero risks.

An impartial and anonymous jury, sure you are. It's totally objective to find complaints more than 50% likely when those complaints are not even theoretically disprovable. Do you understand that? The complaint was made in such a safe way as to not be disprovable, even in theory.
"War is the remedy that our enemies have chosen..let us give them all they want." William T. Sherman
May 12th, 2023 at 9:17:57 AM permalink
Mission146
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Member since: Oct 24, 2012
Threads: 23
Posts: 4147
Go back through the news archives and look for a dated picture of Trump in New York in late year 1995.

Pick that month. That's a fine month.

Next, have the friend who was called within minutes of the alleged incident say that she does not remember what day it was, but she does specifically remember it being in (month from picture), 1995.

Your claim is immediately stronger, because on the surface of it, you are offering something theoretically disprovable. On the surface of it, Trump certainly cannot prove he was not in NYC that month, because he was at some point. I wouldn't even be having this conversation right now other than saying, "I'm really not sure where I fall on this. The Plaintiff seems to have picked an entire month and I'd really like an eyewitness to have ever seen the two of them together, but there is a store employee who says Trump shopped there a bunch around that time. Given everything that Trump has already said and other accounts, I guess it's more likely than not something happened. Might even have been consensual, but I don't care. Award for Plaintiff."
"War is the remedy that our enemies have chosen..let us give them all they want." William T. Sherman
May 12th, 2023 at 6:18:18 PM permalink
Gandler
Member since: Aug 15, 2019
Threads: 27
Posts: 4256
Quote: Mission146
Is, "Proof/Prove," a word you have ever attempted to use before?

The Plaintiff can't PROVE anything. The complaint cannot even identify a specific year.

Where is the testimony of the employees? I'd be interested in reading that. Did any actually see Trump and Carroll in the store at the same time? Evidently, Carroll states that she and Trump have only been physically in the same place twice and this alleged incident was the second of two occasions.

If the employees say they've seen Trump and Carroll in there separately a bunch, well yeah, I can't explain Carroll being there, but the store is located within one minute of Trump Tower. It wouldn't surprise me that Trump shops there from time to time.

So, what's established? That Trump was at a store within one minute of Trump Tower at some point in a nine month period? Yeah, no shizz. I'm also at stores located within one mile of me (none are within a minute walking, of me) a lot of the time, as well.

I think rape is tricky because you'd have to make a potentially falsifiable claim in the first place. "Yeah, he raped me within one minute of where he lives at some point in a nine month period. It was also more than a quarter of a century ago."

Yeah, that's going to be a little, 'Tricky,' to demonstrate.

Of course, it would be quite possible to demonstrate its opposite if some more specific claim were being made with respect to timeframe.

Simply put, if this complaint were false, then it was written in such a way as to take almost zero risks.

An impartial and anonymous jury, sure you are. It's totally objective to find complaints more than 50% likely when those complaints are not even theoretically disprovable. Do you understand that? The complaint was made in such a safe way as to not be disprovable, even in theory.


I trust the results of the jury, Trump will probably appeal it, he has that right, and we will see. This is a jury of peers, so people cannot say that it was a rigged court system with a Biden placed judge, etc....

If the complaint was written in a way that is hard to challenge, then her lawyers did a good job.

At the end of the day, I have very little vested in this case (I was not even aware if it until relatively recently, like last two weeks...), if he succeeds in his appeal, I will accept that result. I am far more interested in the criminal cases (and potential cases) against him. But, as I have no doubt that Trump behaves sexually inappropriately and has his whole adult life (and I don't think you do either if you are honest), the outcome does not surprise me. And, if it is another mark against Trump in the public forum, that is a net positive for American politics.

Eventually, the full transcripts will be released (the depo transcripts are already out there), and maybe then we will both change our minds. But, until then we have to trust the jury. Trump has very good lawyers, they would never let somebody on the jury who even has a history of having a slight bias against Trump. And, remember this was a unanimous verdict, so even the right-wing (statistically guaranteed) jury members found Trump liable.
May 12th, 2023 at 6:55:08 PM permalink
rxwine
Member since: Oct 24, 2012
Threads: 189
Posts: 18776
Concerning the complaint, he can't get a fair trial in NY. Well, he's a home town boy. That should be a home field advantage. If anything, they know him too well already.
You believe in an invisible god, and dismiss people who say they are trans? Really?
May 12th, 2023 at 8:02:17 PM permalink
kenarman
Member since: Oct 24, 2012
Threads: 14
Posts: 4530
How come there was only 9 jurors at the Trump trial?
"but if you make yourselves sheep, the wolves will eat you." Benjamin Franklin
May 13th, 2023 at 4:36:23 AM permalink
Gandler
Member since: Aug 15, 2019
Threads: 27
Posts: 4256
Quote: kenarman
How come there was only 9 jurors at the Trump trial?


9 is middle. In a Federal Civil Trial it can be 6-12 (12 is just the max, there is no requirment to be 12 for civil trials). 9 is a fairly common level.

https://www.law.cornell.edu/rules/frcp/rule_48

My guess is the district Court that this was heard in decided to use 9 (6 is becoming common to streamline things in many districts). But, this is usually a policy with the Court. So my guess would be everyone at that Courthouse who gets civil trials gets 9 jurors.

The bottom line is less jururors save money and streamline things (less deliberations, less hung juries, etc...) So many Courts are getting less, with 6 becoming the common level. This is just the trend. 12 Jurors in a civil trial is a thing of the past.
May 13th, 2023 at 5:10:31 AM permalink
Tanko
Member since: Aug 15, 2019
Threads: 0
Posts: 1988
Quote: Gandler
Did you read the testimony from the store workers at the time?


I read some of the testimony from Cheryl Beall, who testified the fitting room door could have been unguarded and testified she doesn’t know Carroll. Hard to believe, considering her decades long connection to the women’s fashion industry. She would have met Carroll at trade shows and parties hosted by the fashion houses. Beall was a general manager at a luxury department store, who would have made it her business to know Carroll, who was a columnist for ‘Elle’, one of the largest women’s magazines in the world.

At the time of the alleged attack, Carroll was married to late prominent ABC news reporter, John Johnson. She should have been an emotional wreck. If it actually occurred, it is unlikely she didn’t tell her husband of the attack, or keep it from him. Especially after allegedly confiding in two of her friends right after the alleged attack.

'Birnbach said Carroll called her right after the alleged incident, “breathless and laughing.” - Who laughs after being raped?

John Johnson was not the kind of person to let it go unpunished. He would have beaten Trump to a pulp and then called the cops and sued Trump for millions.

She mentioned her blue dress which she said may have Trump’s DNA on it. Yet, in her interview with Anderson Cooper, she mentioned ‘down came the tights’.

Trump offered to take a DNA test to compare to the DNA on the dress, but the Judge disallowed it.
May 13th, 2023 at 5:50:01 AM permalink
rxwine
Member since: Oct 24, 2012
Threads: 189
Posts: 18776
Trump would have been fine if he had stuck to a denial like a normal person instead of defaming her with his usual unnecessary blather. Particularly after this amount of time.

Stop crying for him. He brings most of it on himself.

And he'll probably ruin his own appeal.
You believe in an invisible god, and dismiss people who say they are trans? Really?
May 13th, 2023 at 6:45:22 AM permalink
Tanko
Member since: Aug 15, 2019
Threads: 0
Posts: 1988
In 2019, she published an article in New York magazine, stating Trump raped her in Bergdorf's, more than two decades before.

Coincidently, in 2019 she was releasing and promoting her latest book.
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