Domain: tiger-web1.srvr.media3.us Should Trump pull an EWE and not offer a defense? | Page 2 | Political Talk
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re: Should Trump pull an EWE and not offer a defense?

Posted on 5/20/24 at 7:55 am to
Posted by Big Jim Slade
Member since Oct 2016
6317 posts
Posted on 5/20/24 at 7:55 am to
Costello is worrisome though, He’s publicly bashed the prosecutors and the case, but he could be baiting them to call him and he flips on them on the stand. [A wolf in sheep’s clothing if we are going with the EWE puns.] I could easily see the judge excluding his prior media statements and prosecutor discussions as hearsay and his opinions as speculation. I’m sure the judge would shut him down on atty-client privilege as well. Then, the defense effectively would have no cross to his flipped or stripped down testimony. But if he’s honest and wants to do the right thing, and the judge allows it, he’d be a great defense witness.
Posted by prplhze2000
Parts Unknown
Member since Jan 2007
57541 posts
Posted on 5/20/24 at 7:56 am to
SFP is correct. You can't offer nest testimony on appeal. Appeal looks at issues concerning the trial, not accepting new evidence.
Posted by Sidicous
NELA
Member since Aug 2015
19296 posts
Posted on 5/20/24 at 8:44 am to
So far the prosecution has yet to confirm that any crime was committed. Kinda hard to put up a defense for something nonexistent. So yeah, defense rests and files for dismissal w/prejudice.
Posted by I20goon
about 7mi down a dirt road
Member since Aug 2013
19829 posts
Posted on 5/20/24 at 3:07 pm to
quote:

I think I’ve seen SFP say if the testimony isn’t presented at trial, it’s not admissible appeal.
true, normally.... except:

non-disclosure of exculpatory Brady material will be part of the basis for that appeal and that will rest upon Costello...

A) stating he had exculpatory material when DA's office publicly disclosed a GJ was hearing the case on Trump (which they shouldn't have done anyway).

B) they refused to call him before GJ despite (A); he then rec'd the court's permission to appear ex parte, which he did.

C) has publicly stated that when he did appear before GJ they intentionally stated that they avoided asking questions that would elicit exculpatory information and would not let him elaborate.

D) he has some direct knowledge of the case having gotten first hand info directly from Cohen AND can be considered expert having been a Fed prosecutor including at... drumroll: SDNY fed office, in Manhattan.

So the "omission" will be part of the appeal and because it is an omission claim the DA's office will not be allowed to benefit from that omission. In the end, they have legal cover because they can consider him "expert" to call him if challenged.
Posted by Diamondawg
Mississippi
Member since Oct 2006
37685 posts
Posted on 5/21/24 at 7:19 am to
quote:


quote:
What the hell is EWE?

One of the reasons I quit reading Jackson Jambalaya


?
OP is KF.
Posted by KiwiHead
Auckland, NZ
Member since Jul 2014
36634 posts
Posted on 5/21/24 at 7:35 am to
Plus John Volz was such an asshat. That case was weak on top of everything else.
Posted by Tigahs24Seven
Charlie Kirk's America
Member since Nov 2007
14889 posts
Posted on 5/24/24 at 5:22 pm to
Yep..he was an unmitigated a-hole...During the second trial I was on an elevator with my Dad in the Federal Courthouse when Volz stepped on..as the doors shut he looks straight at my Father and says..."I might not put your arse in jail but I am gonna take away every penny you ever made"..doors open and he steps off...I look at my Dad and say.....he can't say that to you. My father says, laughing, well, he just did...
You gotta love lawfare...the Trump lawfare stuff is giving me PTSD.
Not to speak ill of the dead, but I did a little dance when Volz croaked..
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