Legal experts skewered Alina Habba’s “comedy of bumbling errors” in Trump defamation trial

Former President Donald Trump’s appeal of the $83.3 million verdict in the defamation case brought by E. Jean Carroll is unlikely to succeed, legal experts say.

“Let me ruin the suspense for everyone. Trump doesn’t have an appeal,” Nashville lawyer Brian Manookian argued Friday. “I know the talking heads on TV who have never tried a case or appealed a jury verdict have to mention it. Here’s why it isn’t going to fly.”

A person must “preserve a reversible error at the trial level” in order to have a case with merit on appeal, Manookian explained, ultimately blaming Trump’s lack thereof on his legal team in the case.

“This is why you hire competent counsel. You need someone who actually knows the rules of evidence and procedure,” he said. “Alina Habba had no clue what was occurring throughout the trial. She not only failed to preserve any remote grounds for appeal, like a moron, she repeatedly and unintentionally waived them over and over.”

  • Optional@lemmy.world
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    5 months ago

    “I do think part of the rough week he had was having chosen a counsel who doesn’t seem to have any, not just chops, but judgment about how you try a case like this when it’s already been established[,]and you may not quibble that your client has sexually assaulted the plaintiff and then lied about it.

    Shitheads in Ohio be like, “Imma vote for him!” Because corporate journalism has failed catastrophically.

    • Dagwood222@lemm.ee
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      Stop blaming the media.

      When he said he liked soldiers who didn’t get captured, the main stream media reported it. When the pussy grabber tape came out the media was all over it. They played the tapes of him talking about perving on the Miss Teen USA contestants.

      I saw one of his defenders on The View. One of the panelists kept repeating ‘grab the pussy’ over and over. The woman who was supporting Trump asked her not to use that offensive language.

      The media reported and the MAGoos decided it didn’t matter.

      • grue@lemmy.world
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        Stop absolving the media. They absolutely have some culpability here for treating whackjobs with the same credulity they treat scientists, treating existential threats against democracy as if they’re a normal part of the political horse race, and otherwise perpetuating habitual and systemic balance fallacies on a massive scale. The “MAGoos” didn’t just go off the deep end on their own; the media helped mislead them straight off it.

        • EatATaco@lemm.ee
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          The other poster actually gave examples. You posted something but vague references to a “balance fallacy” (I love how you cited that, but not any examples. lol) . .and have a way better upvote to downvote ration than the other poster.

          This is the perfect example of this place using the upvote as the “I agree” button rather than actual, good arguments that add to the discussion. People want to shit on the media, and you gave them an a vague, effectively unchallengeable post to do so. Congrats.

        • PilferJynx@lemmy.world
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          I thought the American media has no obligation to the American people and it’s reporting, however flawed, is protected under the first amendment.

          • grue@lemmy.world
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            1. I never said they didn’t.

            2. I equally have a first amendment right to bitch about how irresponsible they’re being.

            • PilferJynx@lemmy.world
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              Sure, but you’re trying to give them a responsibility they don’t have or care to have. Your truth to power doesn’t amount to much. And I agree, that’s a huge problem.

        • Dagwood222@lemm.ee
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          Trump and his people treat the media the same way surly tweens treat their parents. If the NY Times says that Trump is one of the richest people in the world his people will repeat that claim over and over. If the Times says that Donnie took money from Putin it’s FAKE NEWS!

          • Tolookah@discuss.tchncs.de
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            And if they said that he took money from Putin to become one of the richest in the world, that’s just good business.

            • Dagwood222@lemm.ee
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              The actually hilarious thing is that Trump could have extorted billions out of Putin on Inauguration Day.

              “Hey, Vlad, why don’t you release all those pictures you have of me. That’s right, send 'em all to the NY Times. I got the CIA on stand by to prove they are all fakes. Now, Vlad, if you send me $10 billion I promise not to go to Congress tomorrow and beg them to fast track letting Ukraine join NATO. You’re alread yon it? I knew we could stay pals…”

  • collapse_already@lemmy.ml
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    Looks like typical DJT operating procedures. Hire incompetence and then blame the system for their incompetence. I used to do high stakes litigation. We would have an attorney on our trial team whose only responsibility was preserving error. I wonder if DJT will sue her for malpractice. That would probably make her extra sad for servicing his tiny mushroom.

      • Tyfud@lemmy.world
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        It’s not small dick hate. It’s calling out the shallowest thing that would piss trump off. It’s especially poetic as he makes exaggerated claims about his persons all the time, including what we know is a complete exaggeration on the size of his dick (thanks Stormy).

        Any other person I’m in total agreement with you.

        Just not this one. Not after he fucking mocked a disabled person on live TV and suffered zero consequences.

        This is all we’ve got right now.

          • FabledAepitaph@lemmy.world
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            I get the same vibe. I don’t care about DJTs hurt feelings for being called “small dick”, but I do recognize that there are people out there who actually are “lesser endowed”, and its gotta be frustrating to see it used as an insult all the time. Maybe having a “small dick” isn’t the greatest, but its also totally acceptable and people shouldn’t be made to feel negatively about something they really had no control over. My two cents lol

          • corsicanguppy
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            Body-shaming of people who don’t overcompensate and claim the exact opposite of their particular issue, you mean?

            Like, when a 100% blind guy wants to take up cataract surgery because of their acute eyesight, you’re gonna say “dawg, it’s maybe not your thing”. And if they persist with full-page ads as to their keen eyesight, then we have DJT.

            It’s a yes from me.

      • Socsa@sh.itjust.works
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        I don’t hate small dicks. I hate people who act like massive assholes because they have small dicks.

          • Socsa@sh.itjust.works
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            IDK buddy, I’m like a shorter person and don’t really internalize any “Napoleon Complex” because being short doesn’t make me an asshole like my tiny penis does.

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            They hate you because when you make your analogy it’s suddenly offensive, lol hypocrites

            but it’s an apples to apples comparison.

            Both are vulgar language that references a part of the human body that can’t be changed.

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        Because it’s funny either way.

        Is she a legitimate attorney who is also a gamer and uses the same laptop for work so she can squeeze in some Rocket League during court recesses?

        Or is she technologically incompetent, and bought an expensive laptop she didn’t realize was the wrong tool for the job? She’s proven she’s incompetent as a lawyer, being unsavvy with tech is just icing on that cake.

        Or maybe it’s her nephew’s gaming rig, and she’s borrowing it for her big court case.

        • coffeebiscuit@lemmy.world
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          A gaming laptop is very capable for her work. It just doesn’t look professional for said work.

          “360-noscopes” trough the courtroom.

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            I truly hope the announcer for Unreal Tournament would narrate that.

            “POOR LEGAL ARGUMENT”, “DENIED”, “CONTEMPT OF COURT”. I get shivers thinking of that.

        • Num10ck@lemmy.world
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          its like Joe Pesci’s suit in my cousin vinny. like she had some misadventures in a net cafe.

          • themeatbridge@lemmy.world
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            I can imagine a panicked conversation at the nearest Walmart, “I was the only one without a laptop, and I need one, and it just needs to be able to handle whatever.”

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          Is it still funny if it turns out to be the court’s laptop used for the live transcription feed? Because that’s what she claimed on Xitter.

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            Given the rest of the horseshit she’s slung since she got hired away from working parking ticket cases, I’m inclined not to believe this.

            But yes, that would also be quite funny.

      • Clay_pidgin@sh.itjust.works
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        I’m sure she just asked IT for the most powerful laptop she could get, and IT just shrugged and got out the corporate card. Or she games in her time off. Who knows, who cares.

        • Beemo Dinosaurierfuß@feddit.de
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          Why though?

          I am sure a proper gaming laptop can do anything a lawyer needs it to do.

          Overspecced and overpriced for its job?
          Probably, but whatever? Noone would have batted an eye if she turned up with an equally expensive Apple product.

          Edit: And I am not arguing that she is an idiot or that I have tremendous Schadenfreude towards both her and Trump.
          I just don’t get why a gaming laptop is a bad thing to use.

          • grue@lemmy.world
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            I just don’t get why a gaming laptop is a bad thing to use.

            RGB lights and tacticool styling are distracting and unprofessional in court, maybe.

          • stoly@lemmy.world
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            There’s nothing wrong with the laptop itself. But it doesn’t really belong in that context.

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            Male lawyers still wear carefully tailored business suits even when the rest of the business world has gone more casual. Female lawyers likewise tend to wear a higher level of business attire than typical in other office environments.

            Language is also more formal; I had jury duty once, and the defense lawyer mentioned his client by first name. The judge reminded him that they address people formally by last name in court. (That guy came off like a relatively new lawyer working his way up in the public defender system; Trump would probably be better off hiring him than anybody he’s actually getting, but that guy is also probably smart enough not to.)

            How lawyers present themselves in court and in front of clients is very important. A gaming laptop with unicorn puke RGB is not a good look.

      • stoly@lemmy.world
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        It just doesn’t look professional. You don’t need a big GPU and RGB lights to open a web browser and PDF files.

    • Teon@kbin.social
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      The funny part is, he lost the case so he is famous for stiffing the lawyers.
      She is going to have to sue him for the payment. That’s gonna be very funny to see.

  • Varyk@sh.itjust.works
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    Can he call for an appeal or mistrial based on inadequate legal protection or ineffective assistance of council?

    Is that a thing?

  • LarmyOfLone@lemm.ee
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    Then I want to thank Alina Habba for helping to preserve a chance for democracy in the US.

    • ChrisLicht@lemm.ee
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      Someone, in an aside to a comment on Reddit a few days ago, seemed to suggest she was prepaid $2.5MM. I haven’t looked up to confirm.

  • Flying Squid@lemmy.world
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    But people here on Lemmy have told me repeatedly that she isn’t stupid and that she was creatively doing Trump’s bidding! As recently as yesterday!

    Do you mean to tell me she is stupid?!

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    Reminder that Trump could have used the more competent Christopher Kise for this.

    I guess pretending to be smart didn’t work out so well for Habba this time.

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    A good lawyer would have reserved ground for an appeal. But she is not a good lawyer. Trump is going to write the check, but he will not see the money come back.

    • tburkhol@lemmy.world
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      One argument goes that she was counting on her blatant incompetence to be grounds for appeal. Once/if Trump ever finds a competent lawyer willing to represent him.

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        Having a bad lawyer is not grounds for an appeal. You have to prove they committed an act. She was just stupid enough to stipulate to all the evidence. Stupid doesn’t work for an appeal.

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    Obviously he’ll fire his lawyer, he goes through them like most people go through tissues.

    History tells us that he’s also not going to pay her and will probably be a person of interest when she’s charged with a felony.

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    It feels like Trump always hires incompetent lawyers so he and his media cronies can cry foul when it inevitably goes south. That’s not how the legal system works. I type this while I await jury duty.

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      It’s because nobody competent will work for him. The few competent people who are soulless enough have already been fired, quit, left unpaid, etc… I wonder if there’s a comprehensive list somewhere. It’s a dozen-plus, at this point, I think?