Kurt Schlichter Profile picture
Learing Center operator | KELLY TURNBULL IS BACK in PANAMA RED https://t.co/gbmgGCJ9ro | Sr Columnist @Townhallcom | Lawyer | Army COL(R)

Sep 21, 2022, 7 tweets

Here's how the NY AG civil lawsuit will go....

1/

Once Trump is served, he takes a few weeks to respond. He probably cannot remove the case since there are NY defendants, so no diversity. Now we're in mid-October. He moves to dismiss.

2/

I have only skimmed this dog's breakfast of a complaint, but what popped out at me for the parts I looked are were the lack of damages allegations, much less ones against NY, the plaintiff. You cannot sue if you did not suffer a loss. None are pleaded in the parts I looked at.
3/

Other causes of action may have damages allegations - we'll see. But there are plenty of other grounds to move to dismiss that just leap off the page.

4/

Let's get real - if they thought they had Trump they would have filed a criminal case, but they have to prove that beyond a reasonable doubt. A civil suit is a preponderance of the evidence. They had no criminal case. They chose civil "fraud" to impress dumb people.

5/

So, the initial motion to dismiss will not be heard before the midterm - the real mission was accomplished by filing suit in time to influence the election, but not so early that this garbage case could be tossed out before the election.

6/

I expect the case will be dropped or tossed after a couple motion to dismiss rounds. Maybe there will be a small, piddling settlement the AG will claim is a victory. It's not a real lawsuit. It's lawfare. And I hope red AGs are taking note of the new rules.

7/

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