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epochofbelief · 4 years

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Under the Influence: Prologue

A Throne of Glass/A Court of Thorns and Roses Youtube/College Crossover

alwayss-reading masterlist

Hey! I said this was chapter one in my announcements but it’s actually the prologue:) Please let me know if you want to be tagged! Enjoy!

Triggers: cheating, a break up

PROLOGUE

“Dorian? It’s late.”

“Aelin.” Something about Dorian’s tone had me sitting up a little straighter. “Have you checked your phone in the last half hour?”

I glanced at my watch. It was nearly midnight. Chaol had just left after watching a movie with me and I hadn’t had a chance to catch up on my social media.

“No, why do you ask? I’ll check now,” I said, putting Dor on speaker and sliding up to check my apps. “Did Rifthold Weekly post those pictures from my photoshoot yet?”

“Stop!” My finger hovered above the Instagram app on the screen. “Do not check your phone. I’ll be at your place in ten minutes. Do not check your phone Aelin, or so help me I will never, ever make another late-night dessert run for you again.”

“Can you please just tell me what’s going on? It is bad?”

In the pause before he answered, all my usual anxieties came flooding in, including everything I worried about daily—public scandal, being cancelled, really bad hate mail, particularly nasty anti-Aelin Ash Instagram accounts.

“No. Do not check your phone, Aelin. I mean it.” He hung up.

I usually didn’t listen to him, but Dorian sounded really serious about this one. I tossed my phone onto the couch.

Dorian was only a few years older than me. In addition to his status as my manager, he was one of my closest friends. I knew when he meant business, and the fact that he was rushing to my house at midnight on a Sunday meant something big was happening. Normally, I checked social media every hour or so to see what was going on with my followers and subscribers.

But Dorian’s tone and rush to my place worried me. Only one thing could make him so serious: the threat of me being cancelled.

I shook my head. No. I thought over everything that could have possibly happened that would make Dorian act like this. My legal team had a tight handle on every piece of content I ever released—podcast, Tiktok, Instagram, YouTube, even the few Snapchats I posted every once in a while. It was virtually impossible for me to say or do anything that could get me in any sort of trouble in the public eye.

That made me feel a little better. I took a deep breath and watched my hands. Maybe if I willed it hard enough, they would stop shaking. After all, I probably had nothing to worry about. I padded into the kitchen to find something sweet to eat.

Seven minutes later, Dorian burst into the house (he had a key) and made a beeline straight for me. I offered him the bag of chocolates I was snacking on, but he declined. I didn’t get a clear look at his face until he placed both his hands on my shoulders and stared down into my eyes. I stifled a sigh. Dorian really was quite attractive. That might have been one of the factors that contributed to me hiring him two years ago. I had been deeply upset when Dorian contacted me right at the start of my career asking to be my manager, not my boyfriend. But he was off limits for about a thousand reasons, and of course, I had Chaol.

I shook my head and stared into Dorian’s pale, uncharacteristically solemn expression. “Have you talked to Chaol today?”

I nodded slowly. Odd. Dorian knew my every spare moment was spent with Chaol. “He left like twenty minutes ago. We watched a movie.”

Dorian let out a long breath and stalked out of the kitchen, now rubbing his forehead with his fingers, muttering under his breath.

“Dorian. Would you cut the crap and spit it out? Tell me what the hell is going on!” I demanded, stomping over to prevent him from walking deeper into my home.

“About an hour ago, some photos were leaked. Of Chaol. . . With another girl.”

I blinked. “Okay. . . Chaol gets photographed with people all the time. So do I. Those are all rumors. Everyone knows Chaol and me are together.”

“These photos aren’t like the others.”

“Tell me, Dorian,” I said when my manager refused to meet my eyes. I had a feeling that nothing would be the same after what he said next. Because whatever was going on with Chaol would affect me, my following, my career in some way or another.

“You’ve heard of Nesryn Faliq? The TikTok star?”

“Sure.” A horrible sinking feeling settled into my stomach. Nesryn had a bit of a reputation for drama on the Internet.

Dorian brandished his phone. “You’re going to see them sooner or later,” he said.

I took the phone and slowly tilted my head to see. I nearly dropped the phone when I saw the screen. My boyfriend, lips locked with Nesryn, in a dimly lit parking lot, not a centimeter of space separating the two of them. One of his hands gripped her ass, the other was tangled in her dark hair. From what I could tell, her hands were somewhere under his shirt.

“No. No, no, no. Chaol wouldn’t do this to me,” I managed to say, shoving the phone back into Dorian’s hands and making a beeline for mine, powering it on before Dorian could stop me.

My Instagram was blowing up (more than normal) already. My DM’s were full of the pictures of Chaol and Nesryn, from various angles, the pictures sent from fans and haters and gossip accounts alike. Neither Chaol nor Nesryn had posted any responses to the images yet; of course, it was late on a Sunday night and I doubted anything would start happening until tomorrow.

I took a quick peek at some of the photos to read what the gossip accounts were saying about the pictures.

“Is this the end of Chaolin?”

“Aelin Ash’s delicious boyfriend. . . Cheating?”

I nearly threw my phone at the television.

“He’s. . . cheating on me?” Was all I managed to say as I slumped sideways on the couch.

Dorian came to set next to me, pulling me to rest on his shoulder. “I’m sorry, Ae.”

I let myself lean against Dorian for a moment. It would be smart if I took a few moments to process everything, decide on a rational course of action.

So after about two seconds, I rose from the couch.

“That bastard is going to pay for this,” I said through gritted teeth. I was not going to be sad about this. No, it was time for Aelin Ash to get angry. “I’m gonna Tweet something. I can’t let this fester all night.”

Dorian plucked my phone out of my grip. He’d moved from the couch to my position in front of the TV without my notice. “You are not Tweeting. We have to be absolutely positive that these pictures are what they are—”

I fixed him with what I thought was my most withering stare. He ignored it.

“And then we have to make sure that you come off as the bigger person in all this. Remember your promise to yourself? No internet drama?”

I kicked the couch. “Yes,” I mumbled. Why did Dorian have to be so reasonable? “But this one’s out of my hands! Chaol started it.” I wanted to scream. I wanted to go key Chaol’s car. Or better yet, set it on fire.

“And we’re going to let him explain himself before you act.”

“I want things between us to be over. Right now.” I kicked the couch again. It felt good.

“Wait til tomorrow and I promise you can call him and force him to explain and then kick his ass to the curb not a moment later. Then we’ll figure out a way to respond publicly. You and Chaol have to work this out peacefully so that you can come out of this looking strong and reasonable. The last thing we want is for the entire Internet to start taking sides.”

I stalked away from the couch. Barely an hour ago, Chaol and I had been cuddled up next to each other watching some rom-com from twenty years ago. How dare he cheat on me and then waltz into my house like he owned the place? How dare he touch me after he made out—and possibly did more—with Nesryn Faliq?

I’d have to get a new couch. Maybe even a new house.

“Aelin?”

I threw up my hands. “Fine! I’ll wait. Go home and get some rest.”

But Dorian shook his head. “Oh no, I’m couching it tonight. If you need me, I want to be right here.”

I rolled my eyes. “I don’t need a babysitter, Dor. I’m not going to do anything.”

He looked at me sadly. “I know you don’t need a babysitter, Ae. This is in case you need a shoulder to cry on.” I opened my mouth to respond but he cut me off. “And that’s final!”

I huffed out a large breath but relented. “Fine. But I have a guest bedroom, you know. You don’t have to couch it.”

“Nah, I’m crashing right here,” he said.

I shook my head and turned to go upstairs. “Good night, Dorian! And thanks.”

“I’m here if you need me!” Was all he shouted.

I rolled my eyes in the dark hallway. I wouldn’t cry over some jerk who couldn’t keep his dick in his pants. No, Aelin Ashryver Galathynius of the Aelin Ash YouTube empire did not get upset over losers like Chaol.

But about an hour later, when I’d given up on sleeping for the rest of the night after tossing and turning, I padded downstairs and into the living room. Dorian sat up immediately.

“Dorian—” I said, and my voice caught on his name.

“Come here.”

I resumed my place next to him on the couch and let him hold me as I cried.

TAGLIST (a smol one)

@elriel4life

#acotar #tog #throne of glass #a court of thorns and roses #aelin galathynius #feyre archeron #feysand #rowaelin #rowan whitethorn #rowan #rhysand #high lord #night court #sarah j maas #throne of glass fanfiction #acotar fanfiction #acomaf

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mostlysignssomeportents · 5 years

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#1yrago Something Awful receives legal threat over hotlinked image of Hitler fan

Christopher Sadowski is, his lawyers submit, a most accomplished photographer of... Hitler admirer Heath Campbell? The New York-based shooter is threatening to sue the website Something Awful over a photo of the nazi spotted in its forums unless they pay $6750.

The unauthorized use of my client's work threatens my client's livelihood. While Christopher Sadowski,[sic] does have the right to bring a lawsuit for damages, my client is willing to settle this in an amicable way, out of court and without a lawsuit. I was asked to contact you and see if we can negotiate a settlement and save everyone the stress and costs of going to court.

It turns out, however, that the image isn't actually posted on Something Awful. It's hotlinked from another website, Imgur, which is the image's actual host and the one providing the embedding snippet. It's still there. Sadowski's lawyers, Higbee & Associates, haven't figured it out—or maybe they have, but removing the image isn't the business plan.

Rich Kyanka (pictured above) explains:

This garbage dicked law firm generates nearly $5 million a year by encouraging photographers to sign up with their company, then performing a reverse image search for anything matching their client's submitted photos. An automated system then flags the suspected offending site, spits out a super scary legal threat based off a template, and delivers it to the site owner. Upon receiving the notice of possible legal action, many victims freak out and pay these idiots the stated arbitrary amount of cash, under the looming threat of being taken to court for $150,000. Higbee and Associates operate one of the biggest dirtbag law firms to ever pollute the internet, preying on fear and dealing in bulk.

And he responds thus:

I have an even better idea: I'm not going to pay you a fucking dime and you can go fuck off to hell for eternity because I am absolutely in no way responsible for images hosted by a third party service, in this case Imgur. Go fuck yourselves and prey on some other website that hasn't been around for two decades and knows damn well what their legal responsibilities entail, and what they're responsible for. Your entire law firm is a straight up piece of flaming shit that tries to intimidate folks with EXPENSIVE LEGAL THREATS in the hope that your extortion scheme will work on some of them. I am not one of those people. So I cordially invite you to take your pdf, print it out, and ride it like a sybian until the cows come home. Then I invite you to fuck the cows as well.

Kyanka's not exactly Private Eye here, but you can't say Higbee doesn't have it coming.

A follow-up from from Higbee's Shauntece Laurant said they now considered it "willful infringement," that Kyanka's response was "comically ignorant," and asked him to "advise your affiliation with imgur.com."

He sent Laurant more insults and, after further similar exchanges, is "currently waiting in a holding pattern", presumably until someone at Higbee familiar with Imgur, hotlinking, CDA § 230, and relevant case law is forced to look upon what they have wrought.

https://boingboing.net/2018/10/08/something-awful-receives-cluel.html

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ofdcvils · 7 years

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INNOCENT UNTIL PROVEN GUILTY —

Characters: Matt Murdock, Karen Page ( @darlingkarenpage ), Bart Allen ( @impulscs )

Mentioned: @connorxhawke, @wonderasms, @dmianwaync, @supersonjon, @redwiiinged, @ofconnerkents

Triggers: Imprisonment

Timeframe: Night, 3/13/2017

Bart Allen: Bart had made his phone call, but now all he could do was sit in his cell. He didn't feel like he belonged here as all he has ever done was dedicate his life to putting only those that deserve it in the same place. Now he was no better than the rest of them as he looked at the other people that were in here as well. They looked like they have seen some shit, and he didn't want to find out. Some of them looked at him as if they knew he didn't belong, which just made him more nervous. In any other situation Bart would be laughing and making jokes to ease the tension with everyone, but he was totally feeling the mode. It didn't help that the boy had cried so much – from when they arrested him to making his phone call, he looked a mess like he was much too vulnerable. He tapped his hands against his legs, keeping his gaze low, wondering if this was all a nightmare. Bart knew it wasn't, but he wished it was. He was scared about what could happen to him going forward from here. What if he never saw any of his friends again? He had to stop thinking about it before he just ends up crying again.

Matt Murdock: Matt was moving as quickly as he could into the police station, using Karen's guiding hand so he could go a little faster without seeming suspicious. After hearing the boy in tears over the phone, he didn't waste a second in calling Karen and Foggy and making sure that they knew what was happening. Of course, Foggy was still in New York—there wasn't much he could do, though he said he'd hopefully be flying out that night—but Karen had shown up right away to make sure that both of them could go down to the station together to post bail for Bart. As he walked into the station, an officer tried to wave him away, but he just took out his California Bar Association ID and flashed it at him. "Matt Murdock, of Nelson and Murdock. You have my client in custody and I have a right to see him. Immediately."

Karen Page: Karen wasted no time in getting to Matt the moment she heard about Bart being detained. She couldn't believe her ears. Bart was such a good kid who wouldn't hurt a fly. The moment she arrived, she helped Matt get ready quickly and the two made their way to the station. She wanted to snap at the officer but Matt took charge as always. Still, she glared, eyes narrowing at the officer who had tried to wave them off. "His name is Bartholomew Allen." She added, her concerned expression now replacing the one that had been almost full of rage

Bart Allen: There seemed to be a little commotion going on, and one of the police offers came around to unlock the door. His gaze looking up as they said his name – normally he would have cringed at the use of Batholomew coming out of someone's lips, but he was much too terrified to care. He stood up slowly from the bench, making his way over towards the large man who held his arms behind his back to put some handcuffs on his wrists to take him to one of the interrogation rooms. “You're awfully lucky your lawyer is here.” He said, as he practically nearly shoved him into the dull room. It made his skin crawl, but they took the cuffs off him. “Don't think about running, kid.” He said as he shut the door. Bart took a seat at the table, waiting for Matt and possibly Karen to come in. He would be happy to see a friendly face for once, even if he looked like a mess between his red hair in every which way and his pajamas.

Matt Murdock: Matt touched Karen's arm with the tips of his fingers, his cane in one hand as he followed her towards the interrogation room, listening to the sound of Bart's heart. It was racing, he was obviously panicking—and how could Matt blame him? Here he was, just an 18 year old kid being treated like some hardened criminal when that wasn't even close to being the case. He pressed his lips together, addressing the officer as he walked out. "Treat my client like that again and I'll be forced to speak to your captain," he said quietly, his voice almost dangerous in its delivery. He pressed his lips into a thin line as he walked into the room, sizing it up carefully. "Bart? How are you doing?" he asked, his hand reaching out for the cold metal chair before he carefully eased himself into it.

Karen Page: Karen walked in with Matt, her heart pounding, anticipating seeing Bart again. She had been worried sick. Did they feed him? Were they kind to him?When she finally laid her eyes on the boy, she sighed out of relief, glad that Matt threatened the officer. She placed her hand over Matt's, giving it a gentle squeeze in support and waited for him to sit so she can take the seat beside him. "Hey Bart. We're here now. We're going to help you." Karen placed her briefcase on the table and pulled out a manila folder,opening it to begin her notes, mindful to flash the young boy a soft smile or reassurance.

Bart Allen: It was a sense of relief seeing Matt and Karen, people who would be nice to him! Two of his favorite people who knew he wasn't a criminal! He took a deep breath as he leaned against the table, still unsure how all this legal stuff works. It wasn't like he had the time to read up on laws when the world was ending back in his time. “Man, am I happy to see you guys. I've had better days, I don't like it in here.” He frowned as he looked down for a second, already missing his own bed and the comfort of his own home. He felt like maybe he took everything for granted as he got comfortable. “What's going to happen? How long will I be here?”

Matt Murdock: Matt folded his hands together on the table, listening for the officer to leave the doorway before he started speaking. "I'm going to try and get you out of here tonight, Bart. We already called in a favor with a judge to see if they'll set a bail amount for you tonight, but the worst that it's going to be is that you're going to have to stay here tonight. Have they been treating you all right? Because if not, Karen and I can take care of that for you. We'll make sure that they start treating you properly. You don't have to feel like some criminal."

Karen Page: Karen took a deep breath as she began going to work, pulling out her laptop and searching for a bondsman. If they posted bail before midnight, they'd get Bart out. "He's right, Bart. It's too late for booking. You'll spend the night here if we can't post your bail before midnight but we will post it before booking tomorrow at 7:00 a.m. I'll make sure to be there when those court doors open." It was moments like this that reminded her why she wanted to do this for a living. "You haven't done anything wrong, Bart. Okay?"

Bart Allen: Bart listened, trying his hardest to remember every detail they told him. He wasn't sure what they had on him exactly detail for detail, but it can't be good if they arrested him for it. It had to deal with that team up he did the other night right? He couldn't think of something else that would have been as bad. Sure once he sped off to get Cassie a drink, but he wasn't wearing the suit at the time. He used it one other time too, but he wasn't crime fighting at the time even though he had the suit on. Fighting alongside his new found friends was the only lawbreaking thing he could think of, but then again he wasn't sure what they considered to be 'lawbreaking' after all. “I don't feel like I did something wrong, but I used my speed and that makes me the bad guy doesn't it? I used it once to get a friend coffee, but I didn't have my suit on. The only other time though … I teamed up with some other kids to take down some bad guys. That's what got me in here isn't it? I honestly thought it was the right thing to do at the time … I'm so stupid.”

Matt Murdock: Matt shook his head. "You're not stupid." He paused, pressing his lips together as he processed the information. "Do you think those other kids might be in the same situation? Have you talked to any of them since you got the threat?" He tilted his head, pausing for another moment before turning to Karen. "Judge McFadden is the one we want, but if we can't get him, Judge Mulroy might be willing to see us, too," he said, wanting to remind her of it before the thought slipped from his mind. He listened to the sound of a heartbeat outside the door, and his lips curved down into a frown. This was privileged information—if anyone was listening in, they were breaking the law. "Karen, can you go make sure that none of the officers are listening? I get the sneaking suspicion that our friend who treated Bart poorly might consider himself above the law." His was bitter—this was the last thing any of them needed. He'd had enough of dirty cops back in Hell's Kitchen.

Karen Page: Karen pulled up the profiles for both judges, already setting up the letter templates seeking an immediate hearing. She had already drafted the letters and simply changed the names before sending them to each assistant. It'll only be a matter of time. "Judge Mulroy is a professor. I'm sure I can get him." She muttered as she typed away. Matt caught her attention once more and she nodded before standing up and walked towards the door, pressing her ear against it first, brows furrowing when she heard whispers only to open it and click her tongue. "Have you been listening the entire time?" She raises her voice, her glare intensely burning into the officer. "I'd like to speak to your captain. I promise you I will make this your worst day on the force if you don't get your captain here in the next 5 minutes." She looked down at her watch and then flashed it to him. "Thank you."

Bart Allen: It was amazing to Bart that Matt already knew what Judge they should have because far as he was concerned they were all the same, waiting to sentence him to a life to his worst nightmare. That might just be an overreaction on his part though now as he was realizing there was still things he needed to learn. “I haven't gotten the chance to talk to them before I got arrested. I wish I could have.” He frowned as he worried about what could be happening to Cassie, Damian, Jon, and Connor. Another part of him was worried for Tim and Conner his best friends from his old team. He didn't want anyone getting hurt, but if he had to take the fall for everyone should he? His thought process broke as Karen got up and from what he could tell, was yelling at the cop that had been rude to him. He knew there wasn't something right about that guy. Bart flashed a smile because Karen was a badass and if it were appropriate he may have cheered her on, but he had to behave in here.

Matt Murdock: Matt nodded. "After we get you out of here, get in contact with them. I don't want them to end up in the same position." He listened to Karen telling the officer off and a smirk lifted up at the corner of his lips. He knew it was a good thing that he brought Karen along—especially since asshole cops always thought they could pull one over on the blind guy. At least with Karen around, he didn't have to pretend he didn't know what they were doing. He tilted his head slightly. "Make sure you tell the captain that we'll have his ass for this if those officers aren't put on probation," he added. "I don't want to get IA involved, but I will if I have to." He turned back to Bart. "Is there anything else you think we should know right now? We can talk more after you get out, too."

Karen Page: Karen stepped to the side so that the officer could hear Matt as well, a smile pulling at her lips. The other's smug expression disappeared immediately and he went off to do as he was told. "He has five minutes starting...now." She walked back in the interrogation room and sat beside Matt once more, glad to see her outlook flashing. It was Felicia,Judge Mulroy's assistant sand she couldn't help the smile forming on her face. "Matt..." She pulled his the sleeve of his jacket gently. "We've got a hearing. Tonight. In an hour." The judge had agreed out of a favor to Karen who had interned with him during her undergrad. Quickly, she wrote down the names Bart had mentioned before she forgot them, still smiling from the news. They were going to at least get the boy back to his own bed soon and if luck was on their side, the bail would be posted before midnight.

Bart Allen: This was a good thing right? Bart smiled again, “A hearing is that good?” He wondered if his pajamas were okay for whatever a hearing was it would have to be because that's what he had on at the moment. He ran a hand through his messed up hair, trying to keep his hands busy. This seemed to be a step in the right direction so the boy wasn't going to question it too much. “What happens during a hearing?” He asked the dumb question, but he had a feeling it was like professional arguing. Bart knew he would probably have to prepare for some people to say some nasty things about him and people like him if the other side of this would be present too.

Matt Murdock: Matt nodded. "A hearing is really good. If we can finish the hearing and get your bail posted before midnight, you're going to be out of here tonight." He turned to Karen. "Who's our judge?" he asked, listening to Bart's heart rate slow down slightly and feeling a small smile quirk at the corner of his lips. "Do we have clothes we can get Bart into? I think I have a button up and pants at the office that will fit him if he's not dressed for court." Of course, bail hearings were usually fairly informal, but he still needed to look presentable. Their case started now — they had to show that Bart was a nice, clean-cut kid, not deserving of jail time. "During the hearing, you'll just have to sit there. I'll be making arguments on your behalf on why you should be let go and why you should have a low bail amount."

Karen Page: Karen nodded. "It's very good,Bart. We got Mulroy, Matt. So I think we'll be okay. Hopefully we'll get a decent ADA who will see this is ridiculous." Karen mused over Matt's question and added, "I have one of your jackets in the office closet. You had given it to me the other night when it was cold and we were on our way to the office. I think we'll be okay." She looked down at her watch. They had three minutes now. "And you don't have to worry about the money...Matt and I..." She looked over to Matt after discussing this already. "We'll post the bail for you." She had some money saved up and together, they would be okay.

Bart Allen: Bart knew that he would start saving money if he was lucky enough to get out of this. He could save money from his two jobs – and eventually pay them back at some point. It was the least he could do because he felt awful that they would probably end up using their own money to bail him out if he can get out. “I work with you guys and I work with Clint, they'll have to see I can be responsible right? I know I'm reckless sometimes, but I try my best to stay focused, honest.” He commented, taking a deep breath as he felt a little more relaxed about how good this was starting to look, and they'll have nice clothes for him to change into! His luck was turning around. “Oh good I was worried about having to show up in my pajamas. They have burgers on them and I don't think that's court appropriate no matter how much everyone loves a good burger okay.” He rambled, but mentally slapping himself to tell himself to stay focused.

Matt Murdock: "They'll know you're a good kid, Bart. You're a really good kid." He nodded at Karen's words—the had agreed that they would pay whatever bail was necessary for Bart to get out of jail. The kid didn't have a family or anyone to look out for him, so they were going to have to do it. Matt remembered being on his own at 18, and he couldn't imagine having to go through something like this back then without any help. He wasn't going to make Bart do it, either. "Mulroy is pretty lenient when it comes to kids like you," he said. "I mean, rumor has it he used to be a hero himself, but no one's ever confirmed it," he added absently. A soft chuckle huffed out of the back of his throat. "As cool as I'm sure your burger pajamas are, we'll get you into some decent clothes before court."

Karen Page: Karen couldn't help but chuckle at Bart's words wanting more than anything to pull him into a hug. She listened to Matt, smiling at the trivia about Mulroy. "He is one my favorite professors and very fair. And I'll see what I can do about the ADA. I can charm just about anyone." She grinned and then looked down at her watch one more time. "If you two will excuse me, I have some matters to handle with the captain." She gave Matt's shoulder a gentle squeeze and exited the room to raise hell. "Captain, Karen Page, paralegal of Nelson and Murdock. It has come to our attention that officer McFadden here forgot everything he learned in the academy..." Her words drifted as she closed the door, leaving the two men behind for a few moments.

Bart Allen: Bart just felt lucky they got someone who might be on his side. Not to mention he might have been a hero once upon a time? Maybe that was the solution, everyone becoming judges … so no one else could be wrongly convicted again. It was a long shot, but that sounded like a good idea to him anyway. “This Mulroy sounds like a cool guy., I can't wait to meet him!” He said with a smile, “Thank you for all you're doing for me, really, you didn't have to help me, but you're doing so much and I promise I won't make you regret it!” He said like he was taking some important oath. Bart didn't get nervous when Karen left the room because whoever she was talking to would feeling regret for getting on her bad side. He was rooting for her as now he was left alone with Matt.

Matt Murdock: Talking to Bart made it easier for all of them to get through this. Riding with him in the squad car to get to the courthouse, sitting there while they were waiting for the judge to come into his chambers, everything, it was all made better by just chit chatting with Bart. All of their nerves seemed to calm a little bit after that, and after managing to scrape together the cash to post Bart's bail, they were finally leaving the police station, Bart's belongings in hand. Matt had insisted upon having Bart stay with him that night, and thankfully, Bart didn't argue—and so, the three of them made it back to his place, and Matt felt relief wash over him. "You can sleep in that room," he said to Bart, gesturing to his room. "I'm going to be up working for a little while, anyway."

Karen Page: Karen was asked to come to Matt's apartment to get Bart settled even though she didn't need to. She could have left the boys alone. It was nice to see them bond but Matt insisted. Once they arrived, it was close to 2 a.m. and she fiddled with the keys in her hand as she watched Matt show Bart his room. She stood in his living room, a smile pulling at her lips and she looked down bashfully as if she had been caught by him even though she wasn't. "You're great with him, Matt." She looked up at her best friend. "He really likes you. I mean...can you blame him?" She laughs softly and looks around. "I should go. Those 2 a.m. drivers are such a nuisance!"

Bart Allen: Bart has seen a lot in his short life, seen what the world comes to, and how much pain there is when you're surrounded by everything the Reach had done. This night was one of the worst memories he would have, up there with the conversations he would have with his mother about how unfair it was that he never got to know her. However, despite that, he can't be too upset when he starts to miss her because as he looks back at Karen and Matt he realizes that he has people that do care for him in a way that he was missing, and can look out for him in the ways he would need. He felt like he owed them everything, but he was just really happy to be here. Bart thought Matt's place was so cool, and he wanted to look at everything, almost tempted to just let himself race around to quickly look at all the details. He didn't though because he respected the privacy. Bart moved away from the room he was going to stay in for the night to give Karen a hug before she left. “Thank you again, I don't know what I'd do without either of you.”

#[ kp4 ]#[ karen page ]#[ ch: kp ]#[ ba3 ]#[ bart allen ]#[ ch: ba ]#[ innocent until proven guilty ]

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vondehnvisuals · 4 years

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Hello every One, and welcome to the Good News Journal’s Fabulous Free ‘Lance’ (because the Pen is mightier than the Sword, and this is My (Sean’s) ‘S’-Word) Friday Edition, and My Favourite day to Write. Thank King You for being here.

It’s actually Thursday in My pre-Sent Now, I managed to get a day ahead so I can schedule Posts for early in morning of the respective day (00:37 to be exact). Important to make note of though, as this renewal package for My subsidy is a time sensitive Issue, so I have been checking mail daily. I finally received the renewal package from Home for Good late this morning (mail usually arrives in this neighbourhood around eleven).

Now, the Way this Letter is addressed to Me may not look fancy or special. For those that don’t know, I don’t take kindly to being addressed in all capital letters, with the abbreviation ‘Mr.’, or any other incorrect expression of My name. This may appear simple and plain, but it is Proper English and the Way the True Magic of My name is Spelled. This is a very diplomatic Way to address Me. It does not offend in any Way as every part is correct, even the small ‘v’ in ‘von Dehn’ – it tells Me they made an effort, were paying attention; there is no ALL CAPS degradation of status or assignment to the commercial person created by the state, yet there is no acknowledgment of My Sovereignty or right of self determination, either. It is perfectly neutral. This is how every One should receive mail by default because the incorporated person is not the individual, it is the business name of the individual.

I also think the People over at the city’s Home for Good program are a little more ‘on the ball’ with everything than the John Howard Society and perhaps even Ontario Works. The lady I met over at the city where I Signed the first ‘entitlement’ agreement, Sana, is a super nice lady. As I’ve mentioned before, so is Orsolya. I don’t believe either one of these individuals has any Willful intent to trespass upon My rights in any Way, they do so in ignorance. This renewal form wasn’t created with intent to offend Me, it’s just a generic form that would be Given to any One receiving the subsidy. I have Issues with it because I understand these forms and requirements in a Way most People don’t, and can’t help but feel it takes advantage of People who may not know these things. So the language of the document bothers Me and the threat of having a subsidy revoked would likely intimidate any One dependent on that resource. I waived many similar requirements in the initial application for subsidy and it had no affect on My application being approved.

Later tonight I Will add the email thread of My conversation with Sana. For now I’m only going to say that I really don’t believe there is anything to be concerned about, but that doesn’t mean this isn’t a serious Issue. When I say that I believe Canada has a [near] perfect legal and political system, the problem is that the People are too complacent, it is something I mean very sincerely. I have no real reason to believe there is any Willful intent on the part of Canada to interfere with My right of Self determination, (Sovereignty). If there was, the courts would have challenged Me in some Way when I Showed My Cestui Que Vie as ‘identification’. In theory, they would not have allowed Me to do any of the things I have since accomplished without some Form of government Issued identification. My Cestui Que Vie is My Covenant with God. For that reason, it is superior to any contract I may have had with Canada, and Canada acknowledges the Supremacy of God and the Rule of Law (part IV of which Will be coming soon, too). I’m quite sure the city knows how I feel about these Issues and just doesn’t know how to get around the usual procedure of renewal without sending this package; it’s just a generic process. Sana hints in the email, ‘If you have not been able to do your income taxes due to Covid 19, please complete and sign the renewal application and return to our office with proof of your current income and we will assess your continuous eligibility at that time.’

I’m going to Show You what the package looks like and how I fill it out without waiving any of My rights or being compelled to perform an Act under threat of harm by revocation of a subsidy required for My overall health and well being.

And I mentioned recently that I was worried about sounding too condescending in some of My emails? Honestly, take a look at the first Page and tell Me that isn’t the kind of language One would expect in a Grade 1 or 2 classroom. “It’s Renewal Time!”. So I’m not going to worry too much about how condescending My Letters might sound; in My case it’s both necessary and unintentional, this is deliberately demoralizing language for an adult to be receiving.

Thankfully, the consent to use, disclose and verify information form happened to be the last picture in the mosaic because it is the One I Wished to bring the most attention to. Every agency they are listing that the city (Home for Good) may be required to share the information with is connected, they all represent branches of the same tree. All the agencies underlined in red are agencies that have received My Public Notices in One Way or another. They all know I Wish to have the account for the incorporated person closed, My belief is that they do not know how to accomplish this (least the individuals that have thus far been made aware).

So, although I am going to be waiving most of the conditions on the form ‘necessary’ to renew My subsidy, I am simply going to state that I may not be compelled to do so but as I have consented to communication between the above listed agencies and others as necessary for the verification purposes of assessment, I Will have Orsolya of Ontario Works send a statement of My income for the last year to Home for Good, and I Will advise Home for Good that as service agents for the People of Canada, if they require the incorporated person to file taxes, that person is owned by the State, the state may not compel Me to claim it, and the state has the onus of filing taxes for their own businesses (incorporated persons). Therefore, as the legal and lawful private attorney of the incorporated person created for My benefit, I consent to the corporation of Canada filing taxes for the incorporated person and appointing a capable individual to the task.

Wow, this Post is getting long but before I go, I do Wish to touch on how much it absolutely shocks Me how few People understand how the economy works; and the economy of a country, specifically. For a world that seems so motivated by the stuff, One would think that People would have a reasonably comprehensive Idea about how it works… But they don’t. Most People do not have a clue!!! And often, the more an individual believes they know and understand the economy, the more lost they actually are. A Friend of mine said to Me once, ‘how did You learn You to pay for things with Your thumbprint?’.

The Truth is, I didn’t really learn it, it was something I intuitively knew. I figured the One place it absolutely should work, would be the courthouse. Tickets are provincial offences, so when I was Given a ‘trespass’ ticket by Constable Jenkyn, I was going to pay it with My thumbprint and Give it to the Justice at trial. But all charges against Me were withdrawn before it went to trial, so I was left with the ticket and the date to dispute had now passed. So I took My ticket to the courthouse where One goes to pay provincial offences, took it to the cashier and first asked if it was still in the system, or if it was removed with the other charges that were withdrawn. He looks it up, it’s still there. So I tell him I Will just pay it, pull out My stamp pad, put a red thumbprint on the ticket, Writ ‘discharge for value’, and slid it back to the cashier. He looks at Me and asks, “what’s this?”

“Payment”

“Okay, hang on I’m going to have to ask My supervisor.”

So he walks about ten feet away where he shows the ticket to another man, presumably his supervisor. The supervisor nods and motions back to the cashiers terminal, glancing at Me for only a second before following the cashier back to Me. The supervisor doesn’t even really acknowledge Me but is pointing directions for the clerk on the computer screen. The clerk finally turns to Me and says, “Thank You.”

“It’s done?”

“It’s done.”

“Thank You.”

And that was that. Someone asked Me where I learned to do that and I’m telling You I didn’t. I don’t think You Will find that information in any book of Law. But when I Write the Sensei-Sean All Saturday Edition, I Will tell You how it works and why it isn’t fraud.

Love and Blessings,

Volume CXI: The Fabulous Free Lance Friday Edition; The Renewal Package Finally Arrives Hello every One, and welcome to the Good News Journal's Fabulous Free 'Lance' (because the Pen is mightier than the Sword, and this is My (Sean's) 'S'-Word) Friday Edition, and My Favourite day to Write.

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thisdaynews · 5 years

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Roger Stone’s defense: MAGA, God and Donald Trump

New Post has been published on https://thebiafrastar.com/roger-stones-defense-maga-god-and-donald-trump/

Roger Stone’s defense: MAGA, God and Donald Trump

Roger Stone returns to the Prettyman Courthouse for his trial. | Sarah Silbiger/Getty Images

For once, Roger Stone is letting others do the talking.

The political provocateur has spent decades verbally sparring with almost anyone who is willing to engage. But as his trial over lying to Congress and tampering with a witness nears its end, Stone has left his defense in the hands of external factors: lawyers, God, the race card, a coterie of MAGA-world figures and, if all else fails, President Donald Trump.

Given the chance to tell his side of the story, Stone chose not to take the witness stand. Given the opportunity to call witnesses, his attorneys opted instead to simply play portions of the congressional testimony in question.

As a legal strategy, it caught many by surprise, even if Stone’s defenders have done their part in court since the trial started to poke as many holes as they can in the government’s case.

As a political play, though, it might be perfectly tailored for a very different audience — MAGA-ites and the president himself. After all, a conviction on any of the seven counts opens Stone up to prison time and raises the question of whether Trump would face pressure to issue an election-year pardon to his longtime friend, who has a passionate following in Trump land.

“If you hesitate about your conclusions in this matter then you have a reasonable doubt,” Bruce Rogow, the lead Stone defense attorney, told the jury during his closing arguments Wednesday. “My job is to create for you the reasons why you should have a reasonable doubt.”

On Thursday, Stone’s six-day trial will shift to jury deliberations and a verdict soon thereafter, the final coda to months of legal wrangling that kicked off in January with a dramatic early-morning raid to arrest Stone at his South Florida home.

As the case moved toward a trial, Stone and his family have been appealing to a higher power.

They were at Sunday morning Mass about 10 days before his trial: “please pray for us,” his wife, Nydia Stone,wroteon Instagram alongside a prayer emoji, the hashtags #trump and #maga and a tag for the president’s Twitter handle.

And before opening arguments last Tuesday, Stone’s wife and daughter sat with a leather-bound Bible in their laps open to the Book of Psalms.

They were joined in the front row by Randy Short, a Washington, D.C., activist wearing a white religious smock who has described himself as Stone’s spiritual adviser.

In fact, Short participated in a small rally outside the courthouse on the first day of the trial, leading a chant that Stone was innocent and interspersing a pro-Trump song with the chorus: “I’m on the Trump train. We did it in ’16. Gonna do it again.”

In an interview, Short said Stone wasn’t concerned about the government’s parade of witnesses, which included Steve Bannon, the former Trump campaign CEO whom the government called to contradict Stone’s deposition to Congress that there had been no contact with Trump’s campaign about WikiLeaks.

“I don’t think Bannon is someone that would worry them,” Short said. “Their biggest fear from my sense is that there’s so many [jurors] who have intelligence community or government ties or ties to the former administration or lawyers. Where are the blue collar people on that? Really? I’m a Washingtonian. This city is still half black. If you look at the jury there are four blacks. There are two others and 10 white folks. It’s interesting not one black man is on there.”

“If you looked at the jury pool it looked like Green Bay, not like Washington, D.C. I mean, really,” Short added.

That was a theme that Stone’s daughter, Adria, also picked up on Twitter in the hours before the trial’s opening arguments.

“Look at our jury pool for Roger with eyes wide open! Spouses that work at DOJ, 10 yr position w congress, journalist, attorneys, admitting they have negative feelings about RJS & DT-all allowed!#realDonaldTrump#AGBarr” shewrotethat Wednesday morning.

Other close friends of Stone have said they’re not confident in a victory on the merits alone.

“In a courtroom where 90-plus percent are found guilty, it’s a problem,” said Michael Caputo, a former Trump 2016 campaign aide and longtime Stone friend who’s attended most of the Stone trial.

“I’m praying every day, and everybody I know is praying every day,” Caputo added. “When court starts and is in session, we have people in there praying. There’s going to need to be celestial intervention for him. It can happen.”

Since the trial opening, Stone’s lawyers have tried to mount a more traditional defense, searching for just one juror who would hold out and block a guilty verdict. They tried to get potential D.C. jurors booted from the pool based on their professed opposition to Trump.

They challenged the government’s witnesses, getting an FBI agent who obtained Stone’s communications to admit she didn’t know the content of Stone’s phone conversations even though they leaned on his phone records. They also got her to concede that she didn’t know whether Stone followed through on any alleged threats he made in emails.

Later, Stone’s team pressed Bannon to acknowledge that Stone never actually told him directly that he had WikiLeaks connections. Bannon said Stone simply gave him that impression.

With former Trump campaign deputy Rick Gates, Stone’s lawyers largely tried to shred his credibility, reminding the jury that he had already pleaded guilty of lying to special counsel Robert Mueller’s team. Gates’ testimony, they stressed, was part of a deal he struck to obtain a more lenient sentence.

But when it came time to mount a formal defense, Stone’s lawyers kept things simple.

They had the jury listen to about 50 minutes of audio from the September 2017 House deposition central to the charges against their client. That brought more of Stone’s voice into the trial, but jurors never heard directly from the normally voluble counterpuncher.

And so it was left to Stone’s lawyers to speak on his behalf. Their argument? Stone’s election-year behavior was de rigueur in politics. Candidates use opposition research all the time, they said.

“This is what happens in campaigns,” Rogow said.

Why would Stone have lied to lawmakers, Rogow asked the jury, given that he offered to speak publicly to the House panel and he even appeared without a subpoena?

“There’s no motive for Mr. Stone to do this,” he said.

It was the most Stone’s defense team had directly addressed the government’s arguments in months. Before last week, Stone and his attorneys had mostly pushed a narrative that Stone was the victim of a political hit job, carried out with the help of the media and the deep state.

They filed pleadings slamming the media and accusing prosecutors of trying to crimp Stone’s speech at the same time he was the subject of tens of thousands of hostile articles and a mocking Steve Martin impression on “Saturday Night Live.”

Ultimately, JacksonbannedStone in July from using Facebook, Twitter or any social media to trumpet this narrative.

Her decision came after an initial warning over a Stone Instagram post that appeared to show a gun’s crosshairs above a picture of Jackson’s head. Stone took the witness stand toapologizefor the incident, saying he didn’t fully control his Instagram account.

With Stone silenced, some of his supporters picked up the torch and pushed the limits even further.

InfoWars founder Alex Jones last week erroneously reported the name of a juror in the Stone trial based on the description that one woman gave identifying herself in open court as a former Obama-era communications aide for the Office of Management and Budget. Jones called her a “minion.”

“We’ve got to have Obama’s former communications director hang Roger. Hell, if they give him the death penalty, maybe she can hang him and kick the lever and he’ll break his neck and she can piss all over his dead body,” Jones said.

When Jackson found out about the incendiary remarks emanating from the far-right mediasphere, she chastised the rhetoric as “uninformed” and “unfortunately false.”

“It puts the safety of all the people on both sides, including possibly the jury, at risk,” she said.

In court, however, the outside hyperbole has had to grapple with Stone’s previous words, including a mountain of emails and text messages that seem to drip with contempt for the House’s fact-finding effort and Mueller’s investigation.

“Tell him to go f— himself,” Stone wrote about Mueller in one text message to liberal radio host and erstwhile friend Randy Credico.

It doesn’t matter what Stone is — or isn’t — saying now, prosecutors told the jurors. They have all the Stone commentary needed to render a verdict.

“The evidence here is written down for you,” prosecutor Michael Marando said in his closing argument Wednesday. “This is literally the defendant’s words.”

#Donald #Foreign #Politics #Trump

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legalseagull1-blog · 7 years

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Understanding Self-Defense Law

Neer Lerner

The law of self-defense authorizes* a person, under certain circumstances, to use otherwise unlawful force (even deadly force) to repel an imminent threat of bodily injury or death. Self-defense laws differ among federal and state jurisdictions. Generally, a person claiming self-defense must prove that he/she:

1. Was not the initial aggressor or provoked the victim; and 2. Faced an imminent (i.e. immediate) threat of serious bodily harm or death; and 3. Honestly believed that he/she faced an imminent (i.e. immediate) threat of serious bodily harm or death and that the use of force was necessary to repel that threat; and 4. Reasonably believed that he/she faced an imminent (i.e. immediate) threat of serious bodily harm or death and that the use of force was necessary to repel that threat; and 5. The use of force was proportional to the violence or threat of violence by the victim; and 6. The defendant attempted to retreat from the scene prior to using force, if it was possible to do so safely (applies only in cases of deadly force).

In this episode, we go over each of the above elements and explain what a defendant needs to do to prove a successful self-defense claim. We also discuss the related doctrines of “Stand Your Ground” laws, the Castle Exception, and Battered Wife Syndrome as it applies to self-defense cases.

Defendant Must Not Be Initial Aggressor

– In order to successfully claim self-defense, a defendant cannot be the initial aggressor, meaning he cannot provoke the victim and then claim self-defense. Mere words do not generally amount to “aggression” or “provocation”; however, affirmative unlawful conduct, such as threatening the victim with a weapon or with physical conduct, may amount to initial aggression.

– In United States v. Peterson (1973) 483 F.2d 1222, the defendant went outside of his house to find the victim and others stealing his windshield wipers. He confronted them verbally, and a short argument ensued. He then went into his home and returned with a pistol. At that point, the victim and companions had already returned to their car and were preparing to leave. The defendant aimed his pistol at the victim and instructed him not to leave. Further argument ensued, and the victim then retrieved a lug wrench from the vehicle and approached the defendant, who shot and killed him. The D.C. Circuit United States Court of Appeals held that the defendant, having escalated the situation by returning with a pistol and preventing the victim from leaving, was the initial aggressor and therefore not entitled to claim of self-defense. In support of its holding, the Court of Appeals noted that the victim and his companions had already returned to their vehicle and were preparing to leave, such that the defendant’s subsequent conduct was unreasonable.

An Imminent Threat is an Immediate One

– Only an imminent (i.e. immediate) threat of serious bodily harm or violence entitles a defendant to protection under the self-defense doctrine. Mere possibility of a threat, or a future or conditional threat, does not qualify as imminent.

– Example 1: Defendant is confronted by angry victim at a bar, who is running towards him with a knife. This is an imminent threat probably entitling the defendant to engage in deadly force.

– Example 2: Defendant is confronted by angry victim at bar, who does not appear to have any weapons. The victim warns, “if I see you talking to my girlfriend again tonight, I’m going to kill you.” This conditional threat would likely not qualify as imminent.

– Example 3: Defendant is confronted by disgruntled client who says “one of these days I might just kill you.” This is a speculative future threat that would likely not qualify as imminent.

– In People v. Norman (1989) 324 N.C. 253, a woman was convicted of voluntary manslaughter for shooting her sleeping husband in the back of the head several times. The undisputed facts established that the defendant had been subjected to severe physical and verbal violence over a 25-year marriage, up to and including the two days preceding his death. Earlier on the day of his death, the husband had threatened to cut his wife’s throat if she complained to the police. Expert testimony was introduced at trial that she suffered from Battered Wife Syndrome and believed she was subjected to a life of misery and pain, and that death at his hands was “inevitable.” The North Carolina Supreme Court reversed the holding of the appellate court, and ruled that the defendant was not entitled to a jury instruction for perfect self-defense, since there were no facts that would support a finding of a reasonable fear of imminent bodily harm of death. The Court clarified the distinction between “imminent” and “inevitable” and held that the latter does not entitle one to the protections of the self-defense doctrine.

Honest and Reasonable Belief of Imminent Threat and Necessity of Force

– The defendant’s belief that force is necessary to repel an imminent threat of injury or death must be both honest and reasonable.

– An honest belief is a subjective inquiry- did the defendant actually have this belief at the time he used violence? On the other hand, reasonableness is an objective inquiry- assuming the defendant’s belief was honest, was it reasonable for a person in his situation (jury may consider subjective factors) to believe that he was facing an imminent threat and that violence was necessary to combat that threat?

– People v. Goetz (1986) 68 N.Y.2d 96 demonstrates the difficulty that juries sometimes have in assessing reasonableness. The defendant was a passenger on a New York City subway train who was approached by four youths who requested (or demanded, according to him) that he give them five dollars. Believing that he was about to be mugged and “maimed,” the defendant pulled out an unlicensed pistol and shot the four unarmed youths, even as two of them attempted to flee. He then approached one who was apparently sitting down, walked over to him, and said, “You don’t look so bad. Here’s another.” The shot severed the victim’s spinal cord, leading to life-long paralysis.

– The defendant’s statements to police reveal he interpreted the youths’ conduct (e.g. body language, demeanor, and facial expressions) to be menacing, and believed he was about to be mugged. He also claimed he had been mugged on several occasions in recent years. The chilling testimony revealed that although Goetz probably entertained an honest believe that he was in imminent danger of serious bodily harm, he did not reasonably need to use deadly force to repel that threat. In fact, during interrogation he told a detective in a recorded interview: “My intention was to murder them, to hurt them, to make them suffer as much as possible.”

– Despite the ominous facts of this case, and the defendant’s own statements of his intentions, he was acquitted of attempted murder. His only conviction was for possession of an unlicensed firearm. The consensus at that time, and even today, is that the jury disregarded the law and was willing to accept a certain degree of vigilantism, especially considering the climate of fear and crime in 1980s New York City.

– The Goetz case reveals the difficulties that juries have in assessing the element of reasonableness. Moreover, it did not go unnoticed that the defendant was Caucasian and the victims were African-Americans. The case ignited debate about the effects of race in claims for self-defense, both in terms of a defendant’s assessment of danger and a jury’s determination of reasonableness.

Proportional Force to that of Aggressor

– A defendant’s use of force must be proportional to the threat perceived. Accordingly, the use of deadly force must be proportional to the threat posed by the victim.

Duty to Retreat

– At common law, a person, prior to using deadly force, has a duty to retreat from a situation, if it is possible to do so with complete safety.

– Example 1: Defendant sees victim running towards him with a knife approximately 30 feet away. The defendant pulls out a pistol and shoots the victim. Here, there is likely no duty to retreat. The victim’s proximity to the defendant would render any attempt to flee dangerous for the defendant, and a retreat could not be accomplished with complete safety.

– Example 2: Defendant sees victim running towards him from about 1000 feet away, yielding a knife. The defendant, an able-bodied man, is standing right next to his car, and has plenty of time to get in his car and drive off. Under these circumstances, the defendant has a duty to retreat prior to using deadly force.

– Many states still retain the duty to retreat; however, some have enacted the following exceptions:

– Castle Doctrine: a person has no duty to retreat from an aggressor in his own home (some states extend this to a business). This derives from centuries-old English common law, which gave birth to the idiom, “An Englishman’s home is his castle.” This exception is based on the notion that a home is a person’s ultimate place of sanctuary, and that he should never have to flee it when faced with an imminent threat of serious injury or death.

– “Stand Your Ground” laws: these laws remove the duty to retreat from any place where the defendant may lawfully be present. We discuss these laws, which have garnered significant media attention and criticism from criminologists and public figures, especially since the recent Florida v. Zimmerman (2013) trial, which ended in an acquittal for Zimmerman. We go over some seldom-discussed aspects of this case, including the misconception that Florida’s “Stand Your Ground” law had an impact on its outcome.

Like this podcast? Check out The Legal Seagull website for more videos, blog posts, and podcast episodes! Like us on Facebook, follow us on Twitter and Instagram.

* This it not legal advice. All episodes of The Legal Seagull Podcast are subject to The Legal Seagull's disclaimer.

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thisdaynews · 5 years

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Can Trump Still Sue His Way Out of Trouble?

New Post has been published on https://thebiafrastar.com/can-trump-still-sue-his-way-out-of-trouble/

Can Trump Still Sue His Way Out of Trouble?

To keep hidden the details of his long-clandestine finances, Donald Trump has been waging a legal war wildly unusual for a commander in chief. He and his allies and associated business entities have sued two big banks he did business with plus Trump’s own accounting firm as well as the Democratic chairman of the congressional oversight committee. So far, federal judges have rejected these lawsuits, and Trump’s attorneys have appealed to keep the cases going.

These tactics, testing the limits of the separation of powers that underpin the government of this country, have been called “outlandish” in Congress. To those, though, who have followed Trump’s career, they’re nothing if not predictable. For nearly half a century, Trump, 72, has used lawsuits as cudgels and prods and publicity stunts. He and his wingmen have used them, or threats of them, to harass, to deflect and delay, to punish opponents and protect his brand, his money, his image, himself. Even in the face of losses, he has used them to find a way to wins.

Story Continued Below

The difference now is that Trump’s legal arsenal includes not just an array of personal attorneys but the vast resources of the Department of Justice—which at times he has hoped would serve the same role as his most bare-knuckled advocates. He is fighting personal legal battles that have ramifications today and potentially well into the future for the nation’s most important public office. Apples-to-apples numbers on this front are hard to come by, according to experts on the presidency and the judiciary, but scholars are confident in stating that Trump (with the possible exception of Richard Nixon) is unique in this regard. “I know of no president who was so openly combative and willing to sue and be sued,” said presidential historian Robert Dallek, who is working on a book calledHow Did We Get Here: From TR to Donald Trump.

The people who have known him the longest are not surprised in the least. “He sues,” said Barbara Res, the Trump Tower construction manager and a former executive vice president of the Trump Organization. “That’s his M.O. He sues.”

“It’s just another tool in his war chest,” said Jack O’Donnell, the former president of the Trump Plaza casino in Atlantic City, New Jersey. “He uses it to wear people out, whether it’s financially or emotionally.”

“He’s used litigation historically to keep hostile forces at bay and to delay reckonings,” Trump biographer Tim O’Brien said. “He’s also used it to try to embarrass competitors, critics or opponents. And I think by and large he’s done that successfully. He’s the poster child for the abuses and inefficiencies of the American court system.”

But can it work in this new venue? “That,” O’Brien said, “is the question that’s being tested right now: Is Donald Trump, as president, above the law?”

***

He’s not above the law.He’s just using it like any other citizen can, and should. That’s the view, at least, of Alan Dershowitz, the Harvard Law professor emeritus and frequent Trump defender. And it might even serve a useful political function.

“Bringing lawsuits is a way of invoking the system of checks and balances,” Dershowitz said, “and presidents historically have brought lawsuits, have responded to lawsuits—it’s a way of bringing the judiciary into the system of checks and balances that are tripartite in nature.” He called “reasonable” litigation “a perfectly appropriate use of the system of checks and balances.”

If nothing else, Trump has had an abundance of practice. His exhaustive history of weaponizing the courts started in 1973, when DOJ sued Trump and his father for racist rental policies in their fiefdom of outer-borough apartment buildings. Trump responded by hiring Roy Cohn, the notorious judicial and political fixer who’s been called “pure evil,” “a legal executioner,” and “one of the most despicable people in American history.” Cohn and Trump sued the feds right back—for $100 million. “The countersuit was bullshit,” said Elyse Goldweber, one of the prosecutors involved. But it extended the timetable of the case and turned it into a public relations skirmish as much as a matter to be settled purely in court. Nearly two years later, Trump and his father signed a consent decree pledging to change their ways, “one of the most far-reaching ever negotiated,” as DOJ put it. Trump, unchastened, insisted it was a win—a precursor to one of his most telltale maneuvers. Furthermore, for the government, the aftermath was galling. With Cohn at the point, the Trumps for years dragged their feet, exasperating subsequent prosecutors and effectively defanging the enforcement of the decree. As a whole, it would prove to be a singular font of so much of what was to come.

“Trump claims he went to Wharton business school,” presidential historian Doug Brinkley said. “What he did was attend Roy Cohn University.”

“Everything Trump does is steeped in Roy Cohn’s mentoring and teaching,” Cohn cousin David Lloyd Marcus said. “Roy knew that you could threaten to litigate, and that often that was enough. But also Roy knew that you could tie up things in the courts for years.Years. This is all right from the Roy playbook.”

A voracious pupil of the ruthless attorney, Trump has sued or been sued at least 4,000 times, according to the yeoman’s work of reporters fromUSA Today. He has sued people over unpaid royalties in licensing deals. He has sued Miss Pennsylvania. He has sued Bill Maher. He has sued the creator ofJeopardy!andWheel of Fortune. He has sued Scotland. He has sued New Jersey. He has sued New York City, and he has sued New York State. He has sued Palm Beach. He has sued an architecture critic from Chicago. He has sued the Secretary of the Interior and the National Indian Gaming Commission. He has sued people for using his surname in businesses … even though it was also their surname. He has sued and been sued by his first ex-wife. He has sued and been sued by Steve Wynn. He has sued and been sued by longtime business partners. “Just another lawsuit filed by Trump as a diversionary tactic,” a spokesman for one of those partners once said, “attempting to intimidate and to substitute publicity for substance.” He has threatened to file countless lawsuits he then hasn’t filed.

And legal documents show that when he has to give sworn answers, he is a grudging, hair-splitting deponent, performing his own versions of Bill Clinton-esque parsing. “Well, the word ‘developing,’” he once said in a deposition, “it doesn’t mean that we’re the developers.”

“I know lots about litigation,” Trump said in a speech at a get-together of the Nevada Republican Party in Las Vegas in 2011.

“Does anyone know more about litigation than Trump?” he asked at a campaign rally in January 2016. “I’m like a Ph.D. in litigation.”

“It’s a business for me,” he told Megyn Kelly that May, calling it a “tactic,” “and I have been successful—and I’ve, you know, used litigation, and sometimes I use it maybe when I shouldn’t, and sometimes I don’t.”

Last month’s lawsuit was not, for instance, the first time he sued Deutsche Bank. Back in 2008, he filed a suit against his most noted lender, attempting to wiggle his way out of $40 million of a construction loan he had personally guaranteed, worried he was staring at a catastrophe at the onset of the recession, taking the extraordinary legal position that the national real estate bust was an unforeseeable act of God, same as a tsunami or hurricane, that should void his obligations. It was, said one of the attorneys for the bank, “kind of crazy” and “kind of telling.”

“Every morning he wakes up and says, ‘Who can I sue?’” late public relations maestro John Scanlon once said.

“Anytime he thought someone was going to sue him,” Res said last week, “he would find a way to sue them first, because he wanted to be the plaintiff. He had this notion that if you were the plaintiff, you had a better chance of winning.”

There are, however, plenty of losses on Trump’s legal ledger.

He lost to the NFL. He lost to Marvin Roffman. He lost to Vera Coking of Atlantic City. And he lost to O’Brien, the biographer, whom he sued for reporting that Trump wasn’t worth what he said he was worth.

“He lost,” O’Brien stated bluntly. “Because the weight of everything was on our side. He routinely says publicly that he cost me a lot of money. He knows that’s not true. I didn’t pay a dime for any of that litigation. TheNew York Times’ lawyers were free to me, and my book publishers paid for outside counsel. And he knows he didn’t win that case. And he knows the results of choosing to litigate were far, far more damaging for him than for me.”

But O’Brien cautioned onlookers at this stage about reading too much into how that went down.

“That’s the exception, actually, in the long history of his litigation,” he said. “Most of the time he’s gotten the results he’s wanted.”

***

What was it that he wanted?To intimidate. To pay less. To save face by distancing himself from faltering projects. To fuel publicity. To buy time. To win in the longer run. For now, the Trump administration’s “win rate” in the federal courts is abysmal. The two recent suits he filed to block subpoenas for his records were summarily shot down, both judges ruling with unusual speed and dismissiveness. In these cases, if Trump was trying to delay, if he was trying to intimidate, it didn’t work. “It is simply not fathomable that a Constitution that grants Congress the power to remove a president for reasons including criminal behavior would deny Congress the power to investigate him for unlawful conduct,” one of the judges wrote, adding that Trump’s legal arguments had “fundamental” problems. At this, though, Dershowitz shrugged. “What’s important,” he said, “is what the courts ultimately decide, not how many lower courts go against him.”

“Contemporary presidents end up in court a lot, mostly regarding their interpretation of regulatory statutes,” said Texas A&M professor George C. Edwards III, the editor ofPresidential Studies Quarterly. “Trumpisunusual in his blanket resistance to accommodating congressional investigations, which leads to numerous lawsuits.”

“This is another case where President Trump’s behavior is norm-busting,” added Russell Riley, a presidential historian at the Miller Center at the University of Virginia.

Trump has never had to grapple with this high a degree of scrutiny and interference. He also and equally notably has never had more power, and one of the primary ways in which he’s already a president of great consequence is that he has markedly altered the ideological makeup of the federal judiciary—up to and including, of course, the Supreme Court. And this is what people who know him the best think about when they think about Trump in his role as litigator in chief.

“I think he expects that the judges he appoints will help him one day,” said Michael D’Antonio, a Trump biographer and a CNN analyst.

“I think he believes that every suit he’s involved in will go to the Supreme Court and he will win,” Res said.

“Because he’s got the deck stacked,” O’Donnell said.

“I think,” O’Brien said, “unless institutions, particularly the law enforcement community and Congress, stand up for the rule of law, Trump is going to do an end-run around people.”

“I think all he wants to do is get to November 2020,” said Carl Tobias, a law professor at the University of Richmond and an expert on the federal judiciary, “and he’ll be able to drag it out in the courts if he wants to.”

And it all traces back to the beginning. “He is using what he knows how to do best,” said veteran New York-based Democratic strategist Hank Sheinkopf, who’s been watching Trump for decades, “his knowledge of how to use the legal process and lawyers to stop his opponents from injuring him. And it’s worked. So why shouldn’t it work here?”

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