Federal judge compels Secretary of Commerce Ross to be deposed in suit against citizenship question

While Ross has testified about the question before Congress and wanted to avoid a deposition in this lawsuit, U.S. District Judge Jesse M. Furman wrote in an order Friday “the question is not a close one: Secretary Ross must sit for a deposition because, among other things, his intent and credibility are directly at issue in these cases.”

.. government officials should only be called to testify in exceptional circumstances, since they have “greater duties and time constraints than other witnesses.” Thus, the 2nd Circuit ruled, such officials should only be deposed if they have first-hand knowledge or if other sources cannot provide the same information.

Furman said this case meets both of those standards. The heart of the issue is Ross’s own intention in adding the question to the census.

To avoid imposing too much of a burden on Ross, Furman limited the deposition to four hours.

.. evidence found by the attorneys general that suggests Ross took a strong interest in getting the citizenship question added himself, repeatedly raising the topic despite objections from experts within the Census Bureau.

Stormy Daniels already had a defamation claim against Trump. Now she has a splendid case.

Stormy Daniels already has a defamation claim against President Trump based in part on his accusation that her story that she was threatened in a parking lot was false. (Trump says the claim of an affair was “false and extortionist.”) Now she has a splendid case.

Accusing someone of a crime is defamation per se, meaning no damages need to be proved. Avenatti will be entitled to depose Trump under oath to ask such nettlesome questions as:

  • Did you have sexual relations with my client?
  • Did you publicly deny knowledge of a settlement payment on national TV?
  • Did you reimburse Michael Cohen for fronting the money?
  • Did you break up the payments in monthly installments? Why?
  • Have you made other payments to remain silent about adulterous affairs? How many? Did they all extort money from you, in your view? What are their names? How much did you pay out?

.. According to Daniels, Cohen strong-armed her into making a settlement. She, in other words, was the victim of a pressure campaign, not its instigator. Cohen would therefore need to answer questions that parallel inquiries for Trump. One or both might take the 5th — which many Americans would interpret as evidence one or both violated criminal campaign laws.

Avenatti has advantages over Robert S. Mueller III. Avenatti can needle Trump daily on TV, a tactic that already pushed Trump to lie publicly about his knowledge of the settlement. Avenatti can not be fired by Trump. Pursuant to the Paula Jones case, Daniels’s lawyer unquestionably has the right to depose Trump under oath.

There is delicious karma in this happening to Trump, who bludgeoned Hillary Clinton during the campaign for allegedly helping her husband to falsely smear women who accused the philandering president of sexual conduct. We reach karmic overload when we note that Trump has spent a lifetime threatening to and actually filing lawsuits alleging defamation.

One can fully understand why Melania Trump reportedly cried on election night. Whatever she knows or doesn’t know, she surely understands her husband’s propensity to lie and the font of potential legal trouble that could envelop him once in office. You do wonder, however, at what point Ivanka Trump, who claims the “right” to believe her father’s statements, however sketchy, will throw in the towel on her defense of him. Maybe it is time for Ivanka and Jared Kushner to go back to New York.