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gab13by13

(21,408 posts)
Thu Apr 13, 2023, 09:46 PM Apr 2023

Trump Did Not Sue Michael Cohen

If I heard Cohen's lawyer correctly, Cohen hasn't as of yet been served with papers. She then went on to say that if Trump wants to lose another lawsuit he better reconsider.

I think this lawsuit is a big fat smokescreen meant to damage Cohen and intimidate future witnesses.

IMO, he won't serve Cohen with the paperwork.

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Ocelot II

(115,866 posts)
1. In federal court, the action is commenced by filing the complaint with the court.
Thu Apr 13, 2023, 09:55 PM
Apr 2023

If the complaint has been filed, technically the action is commenced. The plaintiff then gives a completed summons to the clerk, and the clerk signs, seals, and issues it to the plaintiff for service on the defendant. If the plaintiff doesn't serve the complaint within 90 days the court will dismiss the case. Maybe they haven't been able to find him to serve him, or maybe, indeed, this is just a feint, probably intended as witness intimidation.

Ocelot II

(115,866 posts)
6. Which is probably why we know about it already.
Thu Apr 13, 2023, 10:14 PM
Apr 2023

The complain is as typically hilarious as most of TFG's lawyers' excretions.

Irish_Dem

(47,436 posts)
3. Yes Trump is now going after Cohen for specific reasons.
Thu Apr 13, 2023, 09:58 PM
Apr 2023

Cohen testimony payback, message to other witnesses, etc.

lapucelle

(18,343 posts)
4. Michael Cohen was just on CNN 10 minutes ago, and he said he still hasn't been served.
Thu Apr 13, 2023, 10:00 PM
Apr 2023

He was home watching TV when friends started texting with the news that Trump was suing him. That was the first he heard.

When Kaitlin Collins asked if he had a strategy to get the case dismissed, Cohen more or less said, "No. I don't know what I'm being sued for."

gab13by13

(21,408 posts)
5. I know this for sure,
Thu Apr 13, 2023, 10:11 PM
Apr 2023

Cohen has a fantastic lawyer. She was a prosecutor for 10 years and then I think a judge. She is on MSNBC quite a bit.

She didn't seem the least bit worried about the lawsuit.

Ocelot II

(115,866 posts)
7. Here's the complaint, which was filed on 4/12:
Thu Apr 13, 2023, 10:21 PM
Apr 2023
https://storage.courtlistener.com/recap/gov.uscourts.flsd.645291/gov.uscourts.flsd.645291.1.0_2.pdf

There's so much wrong with it that it could take up most of a law school semester in the civil procedure and contracts classes. I don't think Cohen has anything to worry about, or that he will be at all intimidated. However, TFG might also intend it to intimidate other possible witnesses - even if the claims are bullshit they would still have to deal with it. But there's some great Rule 11 material in it, so maybe Cohen can get his attorneys' fees reimbursed.

Ocelot II

(115,866 posts)
11. Issued, but apparently not yet served.
Thu Apr 13, 2023, 11:23 PM
Apr 2023

I am convinced this whole thing is just performative. Maybe they'll serve him eventually but I think they are trying to scare him (which won't work) and other potential witnesses. I hope the judge sees it that way, too.

no_hypocrisy

(46,193 posts)
14. If I were Cohen's attorney, I'd do two things:
Fri Apr 14, 2023, 06:06 AM
Apr 2023

1) Motion to dismiss without prejudice, and

2) Motion for a frivolous lawsuit. Treble damages (3x)

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