LEGAL ANALYSTS: Trump WILL get deposed over Stormy due to COHEN'S lousy lawyering

[centerleftFL]

I heard more people go off on how many times and ways Cohen fucked up and how many Times the "porn stars" lawyer baited him and Cohen fell for it. I'm not a lawyer and I'll defer to their expertise. The CBS analyst below ain't the only one. I saw 2 yesterday, NOT on CBS, just shaking their heads in APOPLECTIC disbelief at how stupid a couple of Cohen's moves were. Said Daniels outl awyered and outwitted him at every turn.

Yeah, yeah, yeah! I know, SOROS probably paid for him.

CBS legal analyst: Trump ‘will get deposed’ because of Stormy’s ‘stellar’ legal work and Cohen’s ‘bad lawyering’

DAVID EDWARDS
28 MAR 2018 AT 12:02 ET

CBS legal analyst Rikki Klieman on Wednesday praised court filings which call on President Donald Trump to be deposed over an alleged affair with Stephanie Clifford, an adult film star who goes by the name Stormy Daniels.

After Clifford’s attorney, Michael Avenatti, filed the motions in Los Angeles overnight, Klieman described the court documents as “stellar” legal work.

“I think the president may well get deposed,” Klieman explained on CBS This Morning. “The amended complaint filed on Monday afternoon, followed by this filing in the early morning hours, these are stellar filings. They are based in fact. They are based in law. They are based in precedent.”

Klieman argued that the entire scandal could have been avoided if Trump’s attorney, Michael Cohen, was a better lawyer.

“Clearly, this could have been avoided,” she insisted. “I lay all of this at the feet of Michael Cohen. From the very beginning.”

According to Klieman, Cohen is guilty of “bad lawyering and bad fixing.”...

CBS legal analyst: Trump 'will get deposed' because of Stormy's 'stellar' legal work and Cohen's 'bad lawyering'

 

[depotoo]

I would assume he will use this, if so-

Amendment V

The Fifth Amendment of the United States Constitution provides that "No person... shall be compelled in any criminal case to be a witness against himself... " The Illinois Constitution contains substantially the same language.

It is well established that the privilege against self-incrimination may be asserted by any witness in any civil proceeding or pre-trial examination where there is a reasonable apprehension of criminal prosecution. McCarthy v. Arndstein, 266 U.S. 34 (1924).

The mere assertion of the Fifth Amendment privilege does not automatically insulate a party from the usual duty to comply with discovery. The Supreme Court in Hoffman v. United States, 341 U.S. 479 (1951), dictated that a witness can properly invoke the Fifth Amendment protection when he or she has reasonable cause to apprehend danger of self-incrimination from a direct answer. However, the Court in Hoffman recognized the long-standing principle that the Fifth Amendment privilege not only extends to answers that would themselves support a conviction, but also embraces answers that furnish a link in the chain of guilt that alone may not indicate any crime. Therefore, a party who reasonably apprehends a risk of self-incrimination may claim the privilege even though no criminal charges are pending against him or where the risk of prosecution is remote. IO-Dix Building Corp. v. McDaniel, 134ll1.App.3d 664,480N.E.2d 1212 (lst Dist. 1985).

The court must determine if the deponent's fear of self-incrimination is well-founded. Mason v. United States, 244 U.S. 362 (1917). In determining reasonable fear of self-incrimination, a court must not look at the likelihood of prosecution, but the possibility of prosecution. Hoffman u. United States, 341 U.S. 479 (1951); In Re Folding Carton Antitrust Litigation, 609 F.2d 867 (7th Cir. 1979); People v. Burkert, 7 Ill. 2d 506, 131 N.E.2d 495 (1955). Courts do not recognize fanciful and imaginary fears of self-incrimination as constituting a possibility of prosecution. Mason, supra; People u. Schultz, 380 Ill. 539, 44 N.E.2d 601 (1942).
What Do You Do When the Deponent Takes the Fifth? : LaSusa Law Offices, PLC

 

[TheOldSchool]

Trump is learning that hiring Saul Goodman only works on TV

 

[MisterBeale]

While I have no doubt there was some sort of relationship between Trump and this woman, all legends have some basis in truth. . . .



The implications and connections to campaign finance laws being broken seem to be about as spurious as Obama not having a birth certificate or not being qualified b/c he was somehow not a natural US citizen.

We all know what the intent of campaign finance laws are for. This is not what they were meant for. . . .

All these threads belong in conspiracy sub-forums.

 

[jillian]

I heard more people go off on how many times and ways Cohen fucked up and how many Times the "porn stars" lawyer baited him and Cohen fell for it. I'm not a lawyer and I'll defer to their expertise. The CBS analyst below ain't the only one. I saw 2 yesterday, NOT on CBS, just shaking their heads in APOPLECTIC disbelief at how stupid a couple of Cohen's moves were. Said Daniels outl awyered and outwitted him at every turn.

Yeah, yeah, yeah! I know, SOROS probably paid for him.

CBS legal analyst: Trump ‘will get deposed’ because of Stormy’s ‘stellar’ legal work and Cohen’s ‘bad lawyering’

DAVID EDWARDS
28 MAR 2018 AT 12:02 ET

CBS legal analyst Rikki Klieman on Wednesday praised court filings which call on President Donald Trump to be deposed over an alleged affair with Stephanie Clifford, an adult film star who goes by the name Stormy Daniels.

After Clifford’s attorney, Michael Avenatti, filed the motions in Los Angeles overnight, Klieman described the court documents as “stellar” legal work.

“I think the president may well get deposed,” Klieman explained on CBS This Morning. “The amended complaint filed on Monday afternoon, followed by this filing in the early morning hours, these are stellar filings. They are based in fact. They are based in law. They are based in precedent.”

Klieman argued that the entire scandal could have been avoided if Trump’s attorney, Michael Cohen, was a better lawyer.

“Clearly, this could have been avoided,” she insisted. “I lay all of this at the feet of Michael Cohen. From the very beginning.”

According to Klieman, Cohen is guilty of “bad lawyering and bad fixing.”...

CBS legal analyst: Trump 'will get deposed' because of Stormy's 'stellar' legal work and Cohen's 'bad lawyering'

it's pretty clear that will happen. the right set that little old precedent when they thought it was a good idea to depose Bill Clinton in the Paula Jones matter.

 

[WorldWatcher]

I would assume he will use this, if so-

Amendment V

The Fifth Amendment of the United States Constitution provides that "No person... shall be compelled in any criminal case to be a witness against himself... " The Illinois Constitution contains substantially the same language.

The Daniels (i.e. Clifford) case isn't a criminal case it is a civil case for actions that occurred prior to President entering office.

As we found when Bill Clinton was forced into a deposition during his term as President, that Amendment doesn't apply to civil actions against the individual in a private capacity (as opposed to the Office).



>>>>

 

[xyz]

Trump is learning that hiring Saul Goodman only works on TV

Trump seems to be the kind of person that searches for lawyers by watching late night TV. Sometimes it seems like there are more commercials than the actual TV shows. And it's not like they don't repeat the commercials.