‘Boilerplate Doesn’t Cut It’: Judge Finds Donald Trump in Contempt of Court for Flouting an Order to Comply with Letitia James’ Subpoena

[reflechissez]

I bet they do if they employ people like Hunter Biden

Hardy har har

 

[TU Curmudgeon]

Do well run organizations save their old cell phones?

They save their old cell phone bills.

The owner of "Company A", although not PERSONALLY in possession of "documents in category X (which is, or ought reasonably to be, in the possession of "Company A")" IS required to disclose the existence of "all documents in category X" or, at the very minimum, detail the efforts that "Company A" has made when that owner directed "Company A" to search its records for them.

Mr. Trump's response to the subpoena was the legal equivalent of "Well, I looked in my right hand pants' pocket and I didn't find it so I don't have it." (except that he didn't even bother to include the "I looked in my right hand pants' pocket and I didn't find it so" bit).

 

[trouble13]

They save their old cell phone bills.

The owner of "Company A", although not PERSONALLY in possession of "documents in category X (which is, or ought reasonably to be, in the possession of "Company A")" IS required to disclose the existence of "all documents in category X" or, at the very minimum, detail the efforts that "Company A" has made when that owner directed "Company A" to search its records for them.

Mr. Trump's response to the subpoena was the legal equivalent of "Well, I looked in my right hand pants' pocket and I didn't find it so I don't have it." (except that he didn't even bother to include the "I looked in my right hand pants' pocket and I didn't find it so" bit).

I don't blame him. I would put the bare minimum effort legally required to satisfy the order if I were him. It must be very frustrating for those that are salivating to punish him.

 

[TU Curmudgeon]

I don't blame him. I would put the bare minimum effort legally required to satisfy the order if I were him. It must be very frustrating for those that are salivating to punish him.

Unfortunate his "legal advisors" don't appear to know enough about the law to know what that "bare minimum effort" actually is because either

[1] Mr. Trump totally ignored what they did tell him and they never realized it;​

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[2] what they did tell him was wrong;​

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or​

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[3] both [1] and [2] above.​

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PS - There is also a procedure for compelling the production of "further and better documents" that counsel can use if the documents which were produced provide sufficient evidence to establish the likelihood of there being other related and relevant documents which were not produced. That procedure can be used repeatedly and every time that it has to be used lowers the credibility of the party that it has to be used against.

PPS - It's actually better to blizzard the other side with documents in the hope that the ones that are harmful will get overlooked in the flood than it is for the other side to track down the documents which you don't want them to know about by farrowing through what looks like a concentrated plan of diversion and deception.

PPPS - Although the party being required to produce the list of documents had to do that at its own (initial) expense, the party requesting the list of documents has to pay the cost of the actual duplication and delivery of the specific documents. That means that, if "A" has a single receipt on "Day D" that is harmful, but has a total of 1,000 receipts on "Day D", listing all of those receipts (either individually or as a "class") means that "B" is going to have to pay for the duplication of 1,000 documents in order to get the 1 document that they want to get (assuming that it doesn't, "inadvertently", get overlooked when the documents were being duplicated). Now, let's say that you are counsel and you get a list of documents which lists 1,000 documents for EVERY day - except for the one relevant day - but lists ZERO documents for the relevant day, would you "smell a rat"? Well, any competent counsel will and the courts sure would.