What is it about Trump's pending rape case that sets some folks on the DU off..

[jberryhill]

10. It's not about the veracity of the complaint, but the dishonest things being said about the case

First of all, there is no "rape trial" scheduled for December.

When you file a lawsuit, a court issues a perfunctory scheduling order stating when the the court would like to see the case served on the defendant, and setting an initial date for the attorneys for both sides to show up and agree on a schedule for filing preliminary motions, conducting discovery, etc..

The plaintiff in this case has yet to comply with the order that people are using to falsely state that Trump is required to attend some kind of hearing in December.

Here is the order:

http://ia601506.us.archive.org/34/items/gov.uscourts.nysd.463432/gov.uscourts.nysd.463432.5.0.pdf

Can you read the last line? It is written in English:

Plaintiff is ordered to serve Defendants with a copy of this order and to file an affidavit on ECF certifying that such service has been effectuated.

That order is dated OCTOBER 4, 2016.

Here is the rest of the entire docket in the case:

http://ia801506.us.archive.org/34/items/gov.uscourts.nysd.463432/gov.uscourts.nysd.463432.docket.html

You will notice that the Plaintiff was ordered by the court to serve the case back on October 4. The Plaintiff requested a summons on October 7. The summons was issued on October 19.

The Plaintiff, having been ordered nearly a month ago to serve the case on the Defendant and to submit an affidavit of service, still has not done so.

As this case currently stands there is no, zero, nada, zilch, obligation on the part of Trump or his attorneys to make an appearance in the case or to turn up for the scheduling hearing in December. No complaint has been served on Trump or his attorneys. No order has been issued to Trump and his attorneys. Again, go look at the order. Since there was no defendant appearing in the case on October 4, the court specifically required the plaintiff to serve the order on the defendant.

The plaintiff still has not complied with the order which you think, for no reason whatsoever, magically obligates Trump or his attorneys to appear at the December scheduling conference.

To state that a "rape trial is scheduled for December" is a lie. To state that Trump or his attorneys are thus far required to do ANYTHING about this case which has still not been served, is a lie.

That has nothing to do with anyone's opinion about the veracity of the underlying claims. What is annoying to people who actually understand how courts work, are the hyperbolic and dishonest statements people are making about this case.

So, why not ask yourself, "Why is the plaintiff in this case thus far refusing to comply with the court's order?"