XPost: talk.politics.misc, alt.elections, alt.politics.usa.constitution

On 5/12/23 10:43 PM, Dickens' Cider wrote:

Michael Ejercito <[email protected]> wrote in news:u3lubm$1p6c1$[email protected]:

https://ethicsalarms.com/2023/05/12/ethics-quiz-how-jean-carroll-got-to
-sue-trump-for-a-sexual-assault-allegation-over-two-decades-old


Ethics Quiz: How Jean Carroll Got To Sue Trump For A Sexual Assault
Allegation Over Two Decades Old
MAY 12, 2023 / JACK MARSHALL


When I was discussing the recent jury verdict finding Donald Trump
liable for defamation and sexual assault with an astute trail lawyer
friend, he expressed surprise that the sexual assault civil case
wasn’t barred by the statute of limitations, as the criminal case
was. Among the glaring problems with the jury verdict was that it
found by a preponderance of the evidence that the sexual assault—not
the rape allegation , which, strangely, is what Trump called a lie on
social media, prompting the defamation suit—took place even though
Carroll couldn’t say what year it had occurred in. “This is the
reason we have statute of limitations,” my learned friend said.
“Memories fade, evidence is lost, testimony becomes unreliable.
I’m amazed New York’s statute allows this.”

Well therein lies a tale. The statute didn’t allow it until,
coincidentally <cough> last year. The Adult Survivors Act was passed
by the New York legislature and signed by Democratic Governor Kathy
Hochul in 2022. It created a “one-year lookback window for survivors
of sexual assault” to legally pursue their alleged abusers,
irrespective of when the abuse took place.

It was and is a blatantly political measure, pandering to the #MeToo
crowd, which itself is deeply conflicted and corrupt. Now bad, bad men
like Harvey Weinstein, Bill Cosby and…surprise! Donald Trump, can be
sued during a convenient one year window no matter how long ago their
alleged sexual misconduct took place, or how blurry memories of the
details may be. Never mind that the protection against unfair sexual
assault and sexual harassment lawsuits based on accusations that only
surface when the accuser calculates that there are forces at play in
society (like “Believe all woman”) making a victory likely should
be available to all citizens. Never mind that such late-hit lawsuits
rely on emotion and politics as much as evidence.


There is another side. The advocates for the law insist that victims
like Carroll, Weinstein’s desperate actresses and Bill Cosby’s
drugged targets couldn’t sue in time to meet the statute’s
requirements because a male-biased system was stacked against them.
The Adult Survivors Act only removes a systemic and societal obstacle
to such women being compensated and their assailants being justly
punished….and, after all, it’s only for one year.

Your Ethics Alarms Ethics Quiz of the Day…

Is The Adult Survivors Act ethical, or unethical?
I think it’s a close call, but consider that Carroll and her
attorney, Roberta Kaplan, had this exchange with CNN’s Poppy Harlow:

Harlow: “…New York passed this law, the Adult Survivors Act…just
a few years ago. Were it not for that law, you never would have been
able to bring this case.”

Carroll: “Exactly. …. I would never have this window, this year of
having the ability to bring a lawsuit for rape. Robbie can explain it
better.”

Kaplan: “Well, E. Jean actually helped to get that law passed. It
passed last year. We filed [on]Thanksgiving Day, the first day you
could sue. We filed it just after midnight on Thanksgiving. And there
are a lot of other women throughout the state and, hopefully,
throughout this country, that they will get other laws like this
passed in other states. And New York women should use this law while
it’s still around, which is until next Thanksgiving.”

Fascinating.

One might reasonable suspect that New York Democrats deliberately
passed the law when it became clear that Joe Biden faced a real threat
from Trump, and decided to clear the way for a potentially devastating
sexual assault liability case against him…but that would be just
another right wing conspiracy theory. Some additional points are worth
noting:

Most of the mainstream media has failed to mention the role the Adult
Survivors Act played in allowing this verdict to happen, just as few
news sources have explained the crucial distinction between civil
liability and criminal guilt. Most of my non-lawyer friends say, and
believe, the Trump was found “guilty” of a crime.

It sounded to me like Harlow tried to prevent suspicions that the Act
was another “Get Trump” tactic by saying that it was passed “a
few years ago.” She planned on raising the law in the interview: is
it really likely that Harlow didn’t know when the law was enacted?

It is also interesting that Carroll’s lawyer is the same Roberta
Kaplan who co-founded Time’s Up!, the non-profit #MeToo advocacy
group that she later destroyed by secretly trying to help Governor
Hochul’s disgraced predecessor, Andrew Cuomo, discredit his sexual
harassment accusers.

In civil law, the statue of limitations clock starts counting down at the time of the alleged incident or event.

The legislation passed by the state of NY is dubious and in conflict with
the Supremacy Clause. Trump's lawyers will no doubt use this as an
element of the appeal.

That's not the point. The POINT is that Trump is 'convicted'
RIGHT NOW and they'll DRAG THIS OUT all through the election
cycle in order to degrade his candidacy.

In short, The Law is totally irrelevant here.

This is the same crap we commonly see in 2nd/3rd-world
shitholes. We can see the same playing out in Peru and
Pakistan right now. Use FakeLaw to destroy your opponents.
In Pakistan it's about to cause a multi-way revolution
in a country that's a nuclear power. We HOPE the military
there still stands alone ...

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