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Libs it’s pretty hard to win a motion to dismiss for malicious prosecution
Poast new message in this thread
Date: October 10th, 2025 2:43 PM Author: bossy fuchsia black woman boltzmann Except when the President oops texts his Attorney General this on a public forum:
https://x.com/richardhanania/status/1969534195782598947?s=46
Not only is he ordering his AG to file made up charges against his enemies, but the very stable genius goes even further and admits that he fired the prior US Attorney because he refused to do so.
This one is definitely going in the legal textbooks since there are few examples this cut and dry |
Date: October 10th, 2025 2:49 PM Author: Amethyst bat-shit-crazy volcanic crater candlestick maker what's a malicious prosecution? (http://www.autoadmit.com/thread.php?thread_id=5785100&forum_id=2\u0026mark_id=5310905#49339979) |
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Date: October 10th, 2025 3:12 PM Author: bossy fuchsia black woman boltzmann At the federal level the two subsets are selective prosecution and vindictive prosecution. Comey and James have slam dunk arguments for selective prosecution and decent arguments for vindictive prosecution, although that typically involves increasing charges against an existing defending depending on which circuit you’re in. This doesn’t even get into the problems with the unconstitutional appointment of the ID lawyer to her US attorney role, but that’s not even going to matter since they both drew Biden judges who will consider these motions on the merits.
Selective prosecution means the government targets a person for prosecution based on an unjustifiable or discriminatory reason — not because of what they actually did, but because of who they are or what they believe.
It violates the Equal Protection component of the Fifth Amendment’s Due Process Clause (for federal cases) or the Fourteenth Amendment’s Equal Protection Clause (for state cases).
Federal courts generally require a defendant to prove two essential elements: 1. Discriminatory Effect • Others similarly situated (people who committed the same or similar offenses) were not prosecuted, and • The defendant was singled out for prosecution. 2. Discriminatory Purpose • The government’s decision to prosecute was motivated by an impermissible factor, such as race, religion, political affiliation, or exercising a constitutional right (e.g., speech, protest).
A vindictive prosecution occurs when the government brings or escalates charges to punish a defendant for exercising a legal or constitutional right — for example: • Appealing a conviction • Refusing to accept a plea deal • Demanding a jury trial • Filing pretrial motions • Exercising free-speech rights
In other words, the prosecution’s motive is retaliatory, not based on legitimate law-enforcement reasons.
Courts use slightly different formulations, but most federal circuits require proof of three key elements: 1. Exercise of a Protected Right The defendant exercised a legal right — e.g., appealed a conviction, went to trial, filed a motion, or exercised free speech. 2. Prosecutorial Retaliation or Appearance of Retaliation The prosecution’s decision to bring, increase, or maintain charges was motivated by a desire to punish the defendant for that action. • This can be shown directly (e.g., statements, timing) or indirectly (a presumption from circumstances). 3. Causation / Adverse Action The prosecutor filed or increased the severity of the charges or penalties as a result — for example: • Filing more serious charges after the defendant refused a plea; • Re-indicting on harsher counts after a successful appeal; • Seeking a higher sentence in retaliation.
If those are proven, the court can dismiss the indictment or bar the prosecution
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Date: October 10th, 2025 2:51 PM Author: Rose french chef "woke RINO"-- guilty as charged (http://www.autoadmit.com/thread.php?thread_id=5785100&forum_id=2\u0026mark_id=5310905#49339981) |
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Date: October 10th, 2025 7:38 PM Author: bossy fuchsia black woman boltzmann govt is withholding discovery. also Comey’s motions for selective and vindictive prosecutions are due 10/20. We might get a very quick resolution to this one
https://x.com/macfarlanenews/status/1976762137218371754?s=46 |
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Date: October 10th, 2025 7:48 PM Author: Cracking soggy step-uncle's house fat ankles Pretty sure that's not a valid way to sign, btw. (http://www.autoadmit.com/thread.php?thread_id=5785100&forum_id=2\u0026mark_id=5310905#49340776) |
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Date: October 10th, 2025 7:52 PM Author: Drab chapel hominid Explain to me why it is worse that Trump, who is not a prosecutor, calls for people to be charged with specific crimes based on known fact patterns
than it was for Leticia James, a prosecutor, to say she was going to charge Trump before she even had evidence he did anything?
This is a very hard issue for libs to win points on, given he's charging people who did the exact same thing. Turnabout is fair play... |
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Date: October 10th, 2025 9:28 PM Author: bossy fuchsia black woman boltzmann Because everyone knew Trump was guilty as fuck and Letitia James was vindicated by securing 34 felony convictions against him
Trump, otoh, ordered these charges to be filed as retribution over the objection of the first prosecutor and they will be dismissed before they ever reach a jury. The prosecutors who filed them on Trump’s behalf will also be disciplined by the court and likely disbarred in whatever states they’re licensed in (see John Eastman, Ken Chesebro, Rudy Giuliani, Jenna Ellis, and Lin Wood) |
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Date: October 10th, 2025 7:53 PM Author: aphrodisiac location messiness LaQueefa James is blatantly guilty and will do time, sorry niglet (http://www.autoadmit.com/thread.php?thread_id=5785100&forum_id=2\u0026mark_id=5310905#49340784) |
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Date: October 10th, 2025 9:31 PM Author: bossy fuchsia black woman boltzmann She and Comey both drew Biden Judges who will decide these motions on the merits. Sorry but you guys are fucked and the prosecutors who filed them will never work in the legal field again, which will serve as a deterrent from any further tomfoolery by the DOJ during the remainder of Trump’s term. Trump blew his load way too early with these bogus prosecutions. (http://www.autoadmit.com/thread.php?thread_id=5785100&forum_id=2\u0026mark_id=5310905#49340944) |
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Date: October 10th, 2025 9:34 PM Author: contagious idiotic lettuce The charges against Comey are impossible to prove, even in theory. That ought to be a factor IMO (http://www.autoadmit.com/thread.php?thread_id=5785100&forum_id=2\u0026mark_id=5310905#49340952) |
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Date: October 10th, 2025 9:38 PM Author: bossy fuchsia black woman boltzmann get out of my thread you weird schizo fuck (http://www.autoadmit.com/thread.php?thread_id=5785100&forum_id=2\u0026mark_id=5310905#49340961) |
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Date: October 10th, 2025 9:40 PM Author: contagious idiotic lettuce y? (http://www.autoadmit.com/thread.php?thread_id=5785100&forum_id=2\u0026mark_id=5310905#49340968) |
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Date: October 10th, 2025 11:04 PM Author: Drab chapel hominid Can't they prove it the same way Comey "proved" Flynn lied?
By threatening to throw his son in jail unless he plead guilty? |
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Date: October 10th, 2025 11:57 PM Author: contagious idiotic lettuce The FBI had witnesses ready to testify that Comey lied to them. Who's going to testify that Comey lied to Congress? (http://www.autoadmit.com/thread.php?thread_id=5785100&forum_id=2\u0026mark_id=5310905#49341192) |
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Date: October 10th, 2025 11:06 PM Author: Pearly beady-eyed immigrant does Trump really think he's gonna get a Virginia jury to convict Comey and James on these weak charges? Seems like the odds are somewhere between 0-1%. (http://www.autoadmit.com/thread.php?thread_id=5785100&forum_id=2\u0026mark_id=5310905#49341117) |
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Date: October 10th, 2025 11:11 PM Author: Drab chapel hominid I think jurors generally like to get things right and give their opinion and feel powerful. If the prosecution can make a case that makes the jury think Comey lied, then there's a good chance they convict.
The James case is different. She is unequivocally guilty. So either the jury does the right thing, or they want to feel powerful by rejecting the charges altogether. |
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Date: October 11th, 2025 8:08 AM Author: contagious idiotic lettuce Yes (http://www.autoadmit.com/thread.php?thread_id=5785100&forum_id=2\u0026mark_id=5310905#49341497) |
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Date: October 11th, 2025 8:34 AM Author: Umber tripping pozpig That truth post is protected by attorney client privilege and is inadmissible (http://www.autoadmit.com/thread.php?thread_id=5785100&forum_id=2\u0026mark_id=5310905#49341518) |
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Date: October 11th, 2025 8:46 AM Author: bossy fuchsia black woman boltzmann not to mention it’s unconstitutional to make the president look like a retard in court (http://www.autoadmit.com/thread.php?thread_id=5785100&forum_id=2\u0026mark_id=5310905#49341525) |
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Date: October 12th, 2025 8:16 PM Author: ,.,.,.,.,.,.,..,:,,:,,.,:::,.,,.,:.,,.:.,:.,:.::,. will be 180 to see Comey’s and James’s lawyers depose Todd Blanche and Bondi lmao
https://thehill.com/opinion/judiciary/5549194-comeys-james-indictments-trump/ |