Tuesday, November 14, 2023

Did Ya Hear The One About…?

These are the “clues” that a settlement might be imminent:
Now Trump lawyer Alina Habba meets privately w/ NY judge, probably seeking a settlement to quietly end his bank fraud trial. 
FYI: It's a new moon, not a full one.
And in the courtroom:
New: Very curious. Sitting here & 25 min late on our planned return. 
Trump atty Habba walked out from chambers, alone. 
Then, AG’s attorneys head in. 
Recently, Trump complained about a low-ball settlement offer... 
Settlement bid afoot? 
They return. We continue. Who knows.
"Recently" is yesterday:
For context, here's what Trump said on Monday: 
"He asked me to settle for a MUCH LOWER AMOUNT, at a settlement conference, but I said NO, I DID NOTHING WRONG!"
No idea when that was, or if it ever was.Likely it was as early as before suit was filed, or as late as before jury selection. Or maybe it never happened at all.

As for what happened in court that started these rumors, I just gotta say, this is NOT how you conduct settlement negotiations. The parties go to the judge when they have an agreement, and then enter that agreement in the record (I settled my one jury trial on the day of jury selection. 30+ years ago, and I still remember it well.). I don’t know what was going on here, but settlement discussions is the least likely explanation. This trial threatens to drag on for another month. Ex parte discussions are probably about going forward with the trial; some issue that’s come up with a witness; that kind of thing.
Folks, it'll be a cold day in hell when the Trumps & New York AG agree to shelve this trial. 
The judge might drown Trump in fines ranging from $250 million to a gazillion dollars. And the entire Trump Org could end up in receivership soon. 
What would the Trumps counteroffer?
That’s the $250 million question. The AG has secured a summary judgment that isn’t likely to get overturned; they’ve rested their case on damages, and the defense hasn’t presented anything to threaten that case. What is Trump (and the other defendants) going to offer that the state doesn’t already have, or practically have? What would convince the state to give up their bird in the hand?

That’s how you evaluate a rumor of a settlement.


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