Trump U. Lawsuit and Transition Duties

Trump's attorney has filed a motion to continue the Trump University trial set for Nov. 28 in San Diego. I just downloaded his lawyer's motion, and 500 pages of attachments, which he filed "ex parte" but isn't sealed. (Case No. 10-cv-00940-GPC-WVG, Low v. Trump Univ. et. al., Document 567, 567-2)

It is simply frightening that someone like Donald Trump is being entrusted with these responsibilities:

In fewer than three months, the President-Elect must be prepared to manage 15 executive departments, more than 100 federal agencies, 2 million civilian employees, and a budget of almost $4 trillion. [citations omitted]. He needs to devote this intensive period to transitioning the vast functions of the federal government to an administration that has yet to be formed. [More...]

And his transition team leaders and national security picks will get security clearances.

The transition period also has significant security implications, particularly because foreign enemies may perceive the United States to be more vulnerable during a Presidential transition. .... As such, the new national security team must be selected, complete security clearances, and be fully briefed along with President-Elect Trump to begin work before the inauguration to ensure the continued safety of the country.6 See Intelligence Reform and Terrorism Prevention Act of 2004, Pub. L. No. 108-458, § 7601, 118 Stat. 3638, 3856–58 (2004).

As part of that effort, President-Elect Trump will soon begin to receive the same detailed, top-secret briefings intelligence officials give President Obama.

Among the national security positions he will fill are Defense, Intelligence, State, USAID, IAP, NSC, DHS and NASA.

Presidential transitions are expensive: For this one, Congress has allotted $13 million to cover things like "office staff, travel, office space, and orientation meetings." It will pay for offices in more than one city if requested.

The Consolidated Appropriations Act, 2016, includes $13.278 million for activities authorized by the Pre-Election Presidential Transition Act of 2010. Pub. L. No. 114-113, 129 Stat. 2242 (codified at 3 U.S.C. § 102 note) (2015). Funding covers, for example, compensation of the President-Elect’s office staff, travel, office space, and orientation meetings for key personnel. Id.

Trump's lawyer, interestingly, is already confusing his client's interest with the public interest. He writes that the factors for a continuance are:

(1)That defendants will succeed on appeal in obtaining the relief sought herein; (2) the potential harm to the President-Elect in the absence of a stay; (3) whether a stay will substantially injure plaintiffs; and (4) the public interest in a stay.

What public interest is served by a stay? He doesn't mention the public interest in knowing if the man they just elected to be President is a liar and a cheat, which a jury would be determining in this case. The only public interest he mentions to the court is the public interest ensuring a "proper transition of power."

Trump's lead lawyer in the case is very good. He represented the Brown and Goldman families in the civil lawsuit against OJ (and came up with the photo of the OJ wearing the "ugly as* Bruno Magli shoes.") He is very tenacious and well-prepared.

Since more people voted for Hillary than than for Trump, I think it's safe to say the majority of Americans are perfectly willing to wait until this trial is over to have Trump start making decisions on a day to day basis. Isn't this why we have a vice-president, for when the the President is unavailable? Pence is not chopped liver, he is already leading the transition team. Trump's role can be performed by phoning it in to his son in law and daughter.

This is not a criminal trial. He's had six years to prepare for trial. What's at stake if he loses is money damages -- Trump's money, not our money.

I hope the Judge at least tries the liability phase of the case on November 28 so we get a verdict on whether he defrauded anyone before he takes office. Only the damages portion, should it get that far, should be postponed until January.

The judge has been urging the parties to settle. I think the best way to get a settlement is for the judge to deny the continuance -- at least as to the liability phase. Trump doesn't care what the public thinks of him now, he's already got the job. I'm sure his lawyer will insist on a "no admission of wrongdoing" clause in the settlement agreement. Then Trump can claim any settlement was forced by the biased judge or a rigged system and he didn't do anything wrong, but he agreed, for the sake of the country to pay out some bucks.

Trump will skate on this and every other lawsuit. He'll skate on any tax audit because the IRS is under the Executive Branch.

Maybe Mexico will succeed in charging him with tax fraud over the failed Trump Ocean Resort deal in Tijuana. How funny would it be if Trump went to Mexico to talk to Mexican President Pena Nieto about the Wall and didn't come back because he got arrested there? (Trump, Donald Jr. and Ivanka were all sued in state court in California where the case settled without Trump's agreement.) The charge sought against Trump in Mexican includes a claim he failed to pay Mexican taxes on the transaction. (The resort was never built, but Americans in southern California lost lots of money -- some their life savings -- and all Mexico got to show for it is a huge excavated hole in the ground where the first tower was going to be built. Trump claimed he wasn't the developer, he just sold his name to the project. Billboards advertising the project at the time that were posted on the freeway reportedly implied otherwise. )

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  • Display: Sort:
    He has said he (5.00 / 1) (#1)
    by Ga6thDem on Sun Nov 13, 2016 at 03:50:17 AM EST
    Won't settle and I cant imagine the judge delaying it since the GOP slit their own throats here with the Jones case. I see a circus happening in a few weeks

    Did I understand one of BTD's tweets (none / 0) (#4)
    by Peter G on Sun Nov 13, 2016 at 11:15:16 AM EST
    yesterday correctly to say that he is counsel for one or more of the plaintiffs in the Tr*mp U fraud suit?

    Didn't see it (none / 0) (#5)
    by MKS on Sun Nov 13, 2016 at 11:19:08 AM EST
    Been following, but maybe I missed it.

    That is what I thought that tweet said, Peter. (none / 0) (#6)
    by caseyOR on Sun Nov 13, 2016 at 11:29:29 AM EST
    Of course, we both could have misread it, I guess.

    May the first "I'm" was meant (none / 0) (#7)
    by Peter G on Sun Nov 13, 2016 at 11:52:03 AM EST
    to be understood as "If I were", and the second as "I would." The tweet's wording would be a sometimes-used colloquial way of saying it, albeit mighty confusing.

    Yep (none / 0) (#9)
    by MKS on Sun Nov 13, 2016 at 12:19:33 PM EST
    Truncated syntax.  In Armandoese, if I were P's attorney, then I would add....

    Armando (5.00 / 1) (#10)
    by MKS on Sun Nov 13, 2016 at 12:20:14 PM EST
    would not talk about an actual client on Twitter like that.

    I read that, too, (none / 0) (#13)
    by leap on Sun Nov 13, 2016 at 02:50:53 PM EST
    and here it is.

    "Indeed. I'm P's atty in TrumpU case, I'm adding this to the record."

    In reply to DrSquishy, "@armandodkos @ZekeJMiller @KellyannePolls If Trump goes on a victory tour than he can go to his trial while being President elect"


    Apparently, the putative president-elect (none / 0) (#14)
    by Peter G on Sun Nov 13, 2016 at 03:02:26 PM EST
    is not too busy to send repeated tweets to his followers today attacking the New York Times for its coverage of him. Apparently the boning-up and transition stuff isn't too terribly taxing. And speaking of taxes, apparently applicants for important positions in the new administration are being asked to make more financial disclosures than their future boss was ever willing or required to do.

    DJT Financial disclosure, i.e., tax returns (5.00 / 1) (#15)
    by Ladyjustice on Mon Nov 14, 2016 at 05:42:05 AM EST
    could not be disclosed because under audit.  Democrats could have hammered away at this and "demanded," "demanded," that DJT release info or not be considered for nomination.  It was ABSOLUTELY not true that he could not release -- Nixon released while under audit.  IMO tax returns are under "criminal investigation." and would have definitely disqualified him to run.  What now?  As head of agency, can he just sweep it all under the rug?  And we will never know?

    We couldn't (none / 0) (#16)
    by Ga6thDem on Wed Nov 16, 2016 at 05:05:39 PM EST
    demand that the GOP not nominate him because of the tax issue. However the GOP sure could have demanded that he release his tax returns or he wouldn't be nominated but they did not.

    What's the matter with my proofreading? (none / 0) (#8)
    by Peter G on Sun Nov 13, 2016 at 11:53:38 AM EST
    "May" in header, intended to be "Maybe." Even though I previewed twice.

    It's always worth bearing in mind (5.00 / 1) (#11)
    by Mr Natural on Sun Nov 13, 2016 at 01:08:59 PM EST
    the mind's facility at pattern matching and pattern substitution.

    Hope someone (none / 0) (#12)
    by BackFromOhio on Sun Nov 13, 2016 at 02:33:59 PM EST
    sends this post to plaintiffs' counsel

    I hope no one did (5.00 / 1) (#17)
    by Jeralyn on Thu Nov 17, 2016 at 12:23:00 AM EST
    because it had a lot of typos. But they can now since I just fixed them.