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Damin Toell Profile picture
@damintoell
Apr 12, 2023 • 2 tweets • 1 min read • Read on X
These are the alleged "Islamophobic smears" by Lee Fang. ImageImage
From a longer and very worthwhile thread by Zaid.

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More from @damintoell

Damin Toell Profile picture
Apr 1
One fun thing about this is that the rules of evidence don't apply in removal proceedings. The proof offered in 2019 that he was a member of MS-13 was report filled out by a local cop (that he could not cross-examine) with purported information from a confidential informant.
He denied being in a gang. DHS claimed he had been arrested in a murder investigation, but the cop's report said he was picked up because he was loitering outside a Home Depot. The Immigration Judge noted that those things "appear at odds" but she considered them both anyway.
Ultimately, the Immigration Judge found there was enough evidence to prove he was a gang member - based on the not-cross-examined cop who spoke to a confidential informant. Here's the 2019 order laying this out. storage.courtlistener.com/recap/gov.usco…
Read 13 tweets
Damin Toell Profile picture
Mar 26
When Biden was in office, she said that the Constitution was silent on immigration, and so the power to act on it was reserved the States. Once Trump came back into office, she suddenly found the Congressional power over immigration in the Constitution. Image
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But wait, you’re saying, maybe when she spoke about “naturalization” in 2023, she meant that to include immigration. Thankfully, she had a helpful reply to address this point and determined that naturalization is NOT immigration. Image
She won’t address this and, if she does, she’s going to vaguely accuse me of taking her out of context. Don’t care. Go find her tweets yourself if you want to somehow contextualize the Constitution magically developing Federal power over immigration between 2023 and 2025.
Read 9 tweets
Damin Toell Profile picture
Mar 14
Jack knows what he’s doing. He even knows the name for it, it’s something he has spoken about many times. Image
Never comply with a struggle session Image
Never comply with a struggle session
Read 11 tweets
Damin Toell Profile picture
Feb 28, 2024
I'm an appellate attorney in New York, I've worked on hundreds of appeals, at least. Bonds have been posted on probably less than 10 of them in my 20 years of practice. A bond has nothing to do with whether there's an appeal. Tristan is either a liar or so uninformed as an attorney that he's an active danger to the citizens of New York.
Tristan also says that "There is no appeal until Trump pays the judgment." This is INSANE. Paying the judgment would render the appeal moot and end the case.

Tristan Snell is an active danger to the citizens of New York.
I'm sure you're all dying to see one of my appeals. They're very exciting! Here's one that I won in 2022. No bond was posted. nycourts.gov/reporter/3dser…
Read 4 tweets
Damin Toell Profile picture
Nov 17, 2023
Vindman’s wife (or, in this case, Vindman’s sister-in-law) was not happy about this and was ready to bust out the Conan sword but later deleted.
Image
RACHEL VINDMAN HAS ENTERED THIS FIGHT AND I WILL MAKE SURE YOU ARE SORRY
Source:
Read 4 tweets
Damin Toell Profile picture
Oct 2, 2023
Re: Trump's civil fraud trial not having a jury. In this case, the Note of Issue (the paper that gets filed that tells the Court that the case is ready for trial and gets it put on the trial calendar) was done by the the plaintiff, the People of the State of New York, via Attorney General Letitia James, on July 31, 2023. The party filing the Note of Issue has the choice of deciding whether it will be a jury trial or a non-jury trial, and AG James chose a non-jury trial.

At that point, Trump as the defendant had 15 days pursuant to CPLR 4102 to request a jury by filing what's called a jury demand. That did not happen.

So, it's not a situation where Trump's attorney's checked the wrong box or didn't check a box - they were supposed to file a certain form within a certain time period and did not do so.
This is as per my review of the Note of Issue and everything else on NYSCEF - if anyone knows anything different or has insight into any differing part rules that Justice Engoron has, please advise.
I don't litigate much in the Supreme Court, New York County these days, but in the last case I had there (which took about 6 years to resolve), I was counsel for the defendant and the plaintiff filed a Note of Issue without a jury demand and I also didn't file a jury demand because there would've have been any benefit to anyone to have a jury. Sometimes it's an intentional choice! I also defeated the plaintiff's motion for summary judgment and they ended up discontinuing the case against my client.
Read 4 tweets

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