E. Jean Carroll goes to court against outgoing Pres. Trump this morning, in a lawsuit accusing the lame duck of defaming her by denying that he raped her.

Trump wants to pause proceedings to appeal the ruling kicking DOJ out, but for now, it's still on.

Today is an initial telephone conference following Judge Kaplan's ruling that the DOJ can't represent Trump and ordering his personal lawyer Marc Kasowitz back on the docket.

Kasowitz's latest filing from last night: https://t.co/tsTqJanOVe
I'll be covering the proceedings live... in the remote, virtual sense of our era.
.@EJeanCarroll's lawyer @KaplanRobbie is now on the line.
The conference is slated to begin in roughly 5 minutes.
Trump's attorney Christine Montenegro from the firm Kasowitz, Benson, Torres is also on the line.
U.S. District Judge Lewis Kaplan is now on the line.

"Let me hear from the parties about where we are."
Carroll's attorney Joshua Adam Matz is up first:

Where we are is a little "confounded" by the fact that Trump's counsel waited until after 7 p.m. last night to request an adjournment.
Matz:

Trump "attempted to abuse the Justice Department."

Trump seems "desperate" to avoid the justice system, which smacks of "desperation" and "fear."
Matz gives a history of the case:

Trump's attorneys used "every stall tactic in the book," avoiding service, denying jurisdiction, seeking stays, and refusing to provide documents.
Matz:

Trump's lawyers expressed their intent to fight the case in state court, while jockeying via the DOJ to move the case to federal court.

"Of course, even then it seems like the gamesmanship continued," he notes.

DOJ tried to reschedule and refused to argue by phone.
Matz refers to this court order booting DOJ from the docket. https://t.co/ABMs6vJm88
Matz 'inexplicably delayed" filing their motion to stay proceedings until this time:

"To call that gamesmanship would be an act of charity," Matz says.
Matz wants a chance to respond to the stay request, which he says is "not warranted."

Trump "knew or darn well should have known" that these arguments were available to them earlier, he adds.
Judge Kaplan asks Trump's counsel to respond.

Paul J. Burgo from Kasowitz's firm is up.
Burgo claims SCOTUS precedent shows they are entitled to immediate appeal and stay of proceedings to argue immunity from liability.

Judge Kaplan is skeptical: "Immunity from liability and immunity from discovery are two different things, aren't they?"
Burgo says it's not so much from liability but from suit.
Judge Kaplan turns to counsel for the DOJ.

—But they're not on the call.... because the judge ruled they are not a party to the proceedings.
"Interesting," Judge Kaplan says, turning it back to Matz.

Matz: "It's sort of peculiar, your honor... Mr. Trump and his private counsel did not involve themselves in the Justice Dept.'s" motion to substitute.

There are at least potentially "waiver issues," Matz says.
Trump's attorney Paul Burgo insists the right to appeal isn't waived.

It's "sacred," he says.

DOJ isn't here because they're respecting Judge Kaplan's order, Burgo says.
Carroll's opposition papers are due on Dec. 17.

Trump's attorneys will reply after, and Burgo says he will proceed in Second Circuit "expeditiously."

Judge Kaplan: "Define expeditiously."
Burgo demurs on setting a date, and Judge Kaplan tells him it's in his best interest to clarify that soon.

Hearing adjourned.

More from Adam Klasfeld

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This idea - that elections should translate into policy - is not wrong at all. But political science can help explain why it's not working this way. There are three main explanations: 1. mandates are constructed, not automatic, 2. party asymmetry, 3. partisan conpetition 1/


First, party/policy mandates from elections are far from self-executing in our system. Work on mandates from Dahl to Ellis and Kirk on the history of the mandate to mine on its role in post-Nixon politics, to Peterson Grossback and Stimson all emphasize that this link is... 2/

Created deliberately and isn't always persuasive. Others have to convinced that the election meant a particular thing for it to work in a legislative context. I theorized in the immediate period of after the 2020 election that this was part of why Repubs signed on to ...3/

Trump's demonstrably false fraud nonsense - it derailed an emerging mandate news cycle. Winners of elections get what they get - institutional control - but can't expect much beyond that unless the perception of an election mandate takes hold. And it didn't. 4/

Let's turn to the legislation element of this. There's just an asymmetry in terms of passing a relief bill. Republicans are presumably less motivated to get some kind of deal passed. Democrats are more likely to want to do *something.* 5/

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First thread of the year because I have time during MCO. As requested, a thread on the gods and spirits of Malay folk religion. Some are indigenous, some are of Indian origin, some have Islamic


Before I begin, it might be worth explaining the Malay conception of the spirit world. At its deepest level, Malay religious belief is animist. All living beings and even certain objects are said to have a soul. Natural phenomena are either controlled by or personified as spirits

Although these beings had to be respected, not all of them were powerful enough to be considered gods. Offerings would be made to the spirits that had greater influence on human life. Spells and incantations would invoke their


Two known examples of such elemental spirits that had god-like status are Raja Angin (king of the wind) and Mambang Tali Arus (spirit of river currents). There were undoubtedly many more which have been lost to time

Contact with ancient India brought the influence of Hinduism and Buddhism to SEA. What we now call Hinduism similarly developed in India out of native animism and the more formal Vedic tradition. This can be seen in the multitude of sacred animals and location-specific Hindu gods