Taking depositions is something done in civil suits. Let me back up a step.Trump attorney Alina Habba appears to mistakenly think they will be able to take discovery depositions of govt witnesses in the docs case: “We need a fair opportunity to depose people and see what their answers are to some of the things we have questions about.” pic.twitter.com/31S92XqCaj
— Ron Filipkowski (@RonFilipkowski) June 17, 2023
In a civil lawsuit, the plaintiff’s attorney does some research, or investigating, before bringing a suit. Even then you don’t know everything, so you conduct discovery, to find out more for your case, and to figure out what the defense is/might be. This is how the plaintiff finds the memo/e-mail/what have you, that reveals the company knew the evil thing they were sued over in the first place. Broadly, the lawsuit is the investigation, because you can only conduct discovery after the suit is filed. And you can take depositions of the company (say) you sued, to fin out what they know and might say at trial.
Criminal law doesn’t work that way. Police investigate, before charges are filed. Criminal defense lawyers investigate after they find out what the charges are. The prosecution gives them Brady material. And they go to trial. Discovery is why civil trials can take so long to come to trial. The lack of it is why criminal cases can go from indictments to trial in 70 days.
Abba seems to be talking about civil discovery. I’ve never handled a criminal case. I understand under certain circumstances depositions can be taken. But it’s not usual. And I’m pretty sure she can’t question investigators or witnesses. It simply doesn’t work that way.
Trump is not getting the best legal counsel. Then again, he says everybody he hired as POTUS were shit at their jobs. Well, he hired them, too.
No comments:
Post a Comment