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OA833: Trump Demands New NY Trial Because Liz Is Mean Online

Liz and Andrew break down the very real question of free speech versus a fair trial when viewed through the lens of (1) Donald Trump's motion for a mistrial in New York and (2) Trump's argument against the gag order to the DC Circuit. Come for the 1966 history, stay for hearing how Trump is going to lose!

Oh, and our Liz Dye might have played a role in the whole mistrial thing....

This is a paid post on Patreon.

Notes
Trump NY motion mistrial

https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=N0PX1FMtdplL/b5Oq9DwXg==

Trump DC Cir Brief

https://storage.courtlistener.com/recap/gov.uscourts.cadc.40232/gov.uscourts.cadc.40232.1208569217.0_1.pdf

Trump gag order DC

https://storage.courtlistener.com/recap/gov.uscourts.dcd.258148/gov.uscourts.dcd.258148.105.0_2.pdf

DOJ DC Cir Brief

https://storage.courtlistener.com/recap/gov.uscourts.cadc.40232/gov.uscourts.cadc.40232.1208570955.0_4.pdf

DC Local Rules

https://www.dcd.uscourts.gov/sites/dcd/files/local_rules/Local%20Rules%20April_2023%282%29.pdf

Gentile v. State Bar of Nevada, 501 U.S. 1030 (1991)

https://scholar.google.com/scholar_case?case=12991687764638238096

FRCP 26

https://www.law.cornell.edu/rules/frcp/rule_26

NYS Crim Pro 280.10

https://ypdcrime.com/cpl/article280.php

Wheatley School alumni memo

http://www.wheatleyalumni.org/BlogPost/Blogpost-20220911-78.html

OA833: Trump Demands New NY Trial Because Liz Is Mean Online

Comments

When the law is not on your side, pound the facts. when the facts are not on your side, pound the law. When the law is not on your side, pound the table. When even the table knows you’re full of s—, claim bias. I’m a lawyer of 20 years and I have NEVER seen a case where the parties accuse the court of bias. If you perceive the facts accurately, Trump accuses you of bias.

Lawrence Frank

I'm with you on the Adnan Syed thing, not so much on the Sam Sheppard thing. If this NYT article* is correct, not only did the prosecution withhold Brady material, but there was genetic evidence found at the scene which appeared to exclude Dr. Sheppard as a suspect. At a minimum, there was blood found at the scene that did not belong to either Dr. or Mrs. Sheppard. As far as the wrestling thing, certainly a poor choice, but I guess I would say I have a fair amount of sympathy for someone who becomes a severe alcoholic after losing their wife and career and spent 10 years in jail for something they appear to have not committed. *tw: sexual violence - https://www.nytimes.com/1998/03/05/us/dna-test-absolves-sam-sheppard-of-murder-lawyer-says.html

iznatius

Hi love your podcast. I'm French Canadian so you know I don’t have a lot of love for the Brit on that I sympathize with the Palestinian. That is partly why I have to say I have an issue with how Israel handle the whole situation. Yes, they have a right to defend thyself but no right at committing mass punishment on the population. Except for geopolitics(the US keeping control of the water passage) reason, I fail to see how the two-state solution is a solution at all. Since one side population have so little right and freedom, the butchery of Oct 7 are doomed to happen again and again. I don’t events want to talk about Netanyahu because that man is just too much. He had hate speech again Rabin a d not unlike Trump whip fanatic in a frenzy that ends up in tragedy. He covers Hamas because it was a good way to divide and conquer. Just look how friendly he was with Putin. That is now that same ''friend'' is meeting with Hamas. He let down a fellow Jewish leader in Zelensky. That man, Netanyahu, as to go for peace to have a slimmer of chance to happen. That whole situation happens because he drains so much resource for illegal settling to appease the ultra-right side of his country and left a window for Hamas to do the butchery. Because before the 7th of Oct Hamas was not popular at all in Gaza 70 ish % dint want them or trust them. But with so many civilian deaths he probably did what Israel did for Hezbollah (don’t forget they swear they would destroy them either) and revive them and made them a regional power. That whole freaking situation is a mess and won’t be solved with the current actor. During that time Palestinien civilian are suffering and Jewish around the world are suffering from hate act.

Pierre

Without cameras in the courtroom, the defense can say the clerk is rolling her fingers, flipping the bird, sticking her tongue out, or whatever without pushback. According to Lisa Rubin, the press is in the back of the room and has difficulty seeing facial expressions. My point is that there needs to be some pushback making the point that the defense is throwing bombs filled with bullsh*t.

Kate

Love my Liz

Papa Fishy 🐟

Rest up, Liz. Lots of hot liquids, too. I don’t need to give you a recipe for chicken soup!

Ann Sharp


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