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Culture War Roundup for the week of May 8, 2023

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Of course the rules are made up—in legislative sessions, where the democratically elected representatives decided this statute-of-limitations business was unjust. How else do you want a change to happen? It is the job of the courts to enact the laws as they stand, not as they once stood.

What is the point of the trial related amendments if you can just have your reputation smeared and ruined by the media without anything vaguely resembling "due process"?

It’s funny that you phrase it like that when talking about a defamation suit, where Carroll applied due process to keep her reputation from being smeared and ruined. And that your example for an “underdog” is a billionaire, celebrity, and politician with millions of loyal followers.

What problem are civil courts solving other than 'how to make lawyers rich'?

Let’s imagine a hypothetical with no civil suits. Trump assaults Carroll in 198X. Carroll, for whatever reason, lets the SOl run out. She later decides to write a tell-all book. Trump can’t sue her, so he just uses his immense popularity, personal social media platform, etc. to ruin her reputation across America. End result: victims are incentivized to shut the fuck up about anything which didn’t make it to a court of law, even if it really did happen.

Civil suits make Trump’s counterattack a liability. They also make Carroll’s claim a liability, discouraging her from falsifiable or malicious statements! This seems like an obvious improvement over the case where the most popular guy gets to shit on whoever he wants by default.

“Get thee behind me, fedposter.”

It’s funny that you phrase it like that when talking about a defamation suit, where Carroll applied due process to keep her reputation from being smeared and ruined.

Is it Carroll vs Trump, or is it Trump vs Blue Tribe?

And that your example for an “underdog” is a billionaire, celebrity, and politician with millions of loyal followers.

The impact of all of these are relative. Billionaire is a lot relative to me, and very little compared to state and quasi-state entities with GDP measured in the trillions. Politician is very influential relative to me, and laughable compared to big business, big media, the federal bureaucracy, and half the country. Millions of loyal followers is a lot compared to me, and very little relative to the dozens of millions within Blue Tribe as a whole.

You want to appeal to the process, because that keeps things clean. But Trump's supporters emphatically do not trust the process, and do not agree that it is being applied impartially. Every time the "process" reveals a novel convolution to the detriment of their interests, their trust decreases further, as it should.

It seems likely that Blue Tribe will get Trump eventually. If this doesn't do it, they'll roll the dice on something else, and something else after that, and so on until the day he dies. All it costs them is the trust of an increasingly furious and desperate other half of the country.

This seems like an obvious improvement over the case where the most popular guy gets to shit on whoever he wants by default.

Funny, that's exactly how I'd describe the current situation. Making this claim requires very specific assumptions about the framing, which are not shared. Because those assumptions are shared by 90% of media workers, academics and government staff, they gain a veneer of legitimacy through repetition, but that does not make them legitimate.

Yes, I am making assumptions. So are Trump’s defenders. I think mine are better-founded.

It is absolutely Carroll v. Trump. Strip away all the political theatrics and you’d still have a valid case. Two if you count defamation. And I’ve laid out my reasons why I believe defamation laws, and civil suits in general, are useful.

The fact that 90% of Democrats line up against Trump does not make the underlying law illegitimate.

Is it Carroll vs Trump, or is it Trump vs Blue Tribe?

When we've got serious claims in this thread that anyone ought to be able to win a 30-year-old he said / she said sexual assault case against Trump because of his known bad character, I think the answer is obvious.

And of course conservatives might dismiss this sort of thing with "well then you shouldn't have had such bad character".

Link? If you’re thinking of me, I sure wouldn’t sign on to that.

Close enough, I guess.

The simple answer is a higher standard of proof for a 198x rape claim than 51%. And perhaps a civil suit testimony can’t be used for a criminal perjury charge. Perhaps Trump is a special case but he’s been investigated for 6 years even before he was POTUS. Testifying under oath does represent a huge risks to him.