The mixed verdict delivered by the jury in the Donald Trump civil rape case will be interpreted differently by those who support and oppose the former president.
Is this verdict patently inconsistent ?One waits for the legacy media to report on any similar civil action brought against a Kennedy, Clinton or Biden with similar vigor. Cuomo was a victim of the hypocrites named Me Too who claim that women have the right to walk around with as little on as possible and demand to be treated as if they live in Victorian England
I am not a lawyer. I am 92 years old. I was an English Major in college many years ago and I am very impressed with Dershowitz's command of the English language.
Dear Professor Dershowitz, as always I’m glad to read your writing, but I think you may inadvertently be overly technical regarding the New York legal distinction between rape and sexual abuse. Rape requires penile penetration which was not alleged by Carroll. She, as a layperson, can be understood for not knowing this, though I think her legal team should have addressed it. Her testimony certainly fits the definition of sexual abuse, and, as the judge allowed the jury to consider the lesser included elements under the statutory framework. This doesn’t seem to undermine Carroll’s testimony, just her legal acumen.
I agree, and as I pointed out in my comment to Professor Dershowitz, he asserts that the jury found "that he didn't rape her", which is not true. They only found there wasn't enough evidence to support the threshold of "preponderance". OJ didn't "not kill" Nicole and Mr. Goldman, the prosecutors just couldn't overcome the disaster they made of the case and the mockery of the whole trial that the defense team made of the legal system. To be fair, that was an effective defense. The civil trial had a different outcome, though. OJ, like Trump, was found to be liable for his acts and damages.
We are at a turning point . When you haveca party that is shutting down free speech , cheats to win elections . Has fake trials regardless of evidence and convicts people . I unfortunately believe the only way to stop this insanity is with extreme violence . This will not stop until it is shut down . I have never felt this way and hoped it would not come to this . I see no other options except to unfortunately have a civil war to stop this corruption and persecution . This man is destroying our nation . Our borders are wide open . Terrorists will capitalize on this sns attack . Your children are dying from drug overdoses as a result of his policies . They are trying to disarm us so we can’t fight back . It’s time
As was the case with OJ("not guilty" is a far cry from "innocent"), the jury didn't find that Trump "didn't rape" her, just that there wasn't enough evidence to support/prove that one count as defined in New York laws. On all the others, the jury unanimously found him liable. As you well know, there is no 5th Amendment protection in a civil case. Granted, you do have the right to not testify, but the jury has the right to use that against you. His deposition was a disaster. I would have loved to see him get on the stand and bumble his way to an actual rape trial.
Once you introduce into the legal process sentimental concepts such as a "writ of rachmones," due process is corrupted. Maybe you can express contrition and seek a return to good old Anglo-American justice by law, not men.
Is this verdict patently inconsistent ?One waits for the legacy media to report on any similar civil action brought against a Kennedy, Clinton or Biden with similar vigor. Cuomo was a victim of the hypocrites named Me Too who claim that women have the right to walk around with as little on as possible and demand to be treated as if they live in Victorian England
The deep state wants Trump gone and won’t stop until he is completely destroyed. Is this how evil we want America to be? I certainly hope not.
I am not a lawyer. I am 92 years old. I was an English Major in college many years ago and I am very impressed with Dershowitz's command of the English language.
I always appreciate AD's intelligence !
Wonder if Carroll gets a dime... this is all too 'complicated' and happened long ago!!!
Dear Professor Dershowitz, as always I’m glad to read your writing, but I think you may inadvertently be overly technical regarding the New York legal distinction between rape and sexual abuse. Rape requires penile penetration which was not alleged by Carroll. She, as a layperson, can be understood for not knowing this, though I think her legal team should have addressed it. Her testimony certainly fits the definition of sexual abuse, and, as the judge allowed the jury to consider the lesser included elements under the statutory framework. This doesn’t seem to undermine Carroll’s testimony, just her legal acumen.
All best,
John Wirenius
I agree, and as I pointed out in my comment to Professor Dershowitz, he asserts that the jury found "that he didn't rape her", which is not true. They only found there wasn't enough evidence to support the threshold of "preponderance". OJ didn't "not kill" Nicole and Mr. Goldman, the prosecutors just couldn't overcome the disaster they made of the case and the mockery of the whole trial that the defense team made of the legal system. To be fair, that was an effective defense. The civil trial had a different outcome, though. OJ, like Trump, was found to be liable for his acts and damages.
We are at a turning point . When you haveca party that is shutting down free speech , cheats to win elections . Has fake trials regardless of evidence and convicts people . I unfortunately believe the only way to stop this insanity is with extreme violence . This will not stop until it is shut down . I have never felt this way and hoped it would not come to this . I see no other options except to unfortunately have a civil war to stop this corruption and persecution . This man is destroying our nation . Our borders are wide open . Terrorists will capitalize on this sns attack . Your children are dying from drug overdoses as a result of his policies . They are trying to disarm us so we can’t fight back . It’s time
Dear Alan,
As was the case with OJ("not guilty" is a far cry from "innocent"), the jury didn't find that Trump "didn't rape" her, just that there wasn't enough evidence to support/prove that one count as defined in New York laws. On all the others, the jury unanimously found him liable. As you well know, there is no 5th Amendment protection in a civil case. Granted, you do have the right to not testify, but the jury has the right to use that against you. His deposition was a disaster. I would have loved to see him get on the stand and bumble his way to an actual rape trial.
Once you introduce into the legal process sentimental concepts such as a "writ of rachmones," due process is corrupted. Maybe you can express contrition and seek a return to good old Anglo-American justice by law, not men.
There certainly seems to have been a "writ of TDS" involved in determining the outcome of this suit.