Straw-Grabbing:”Gaslight Himself’

November 28, 2020

In a sea of idiotic shit, maybe the most-dumb-ass yet:

Legal realities via Law&Crime yesterday afternoon:

As one law school civil procedure textbook notes, “the party with the burden of proof, usually the plaintiff, must have a sufficiency of evidence as to each element of at least one cause of action to permit a reasonable fact finder to find that each element is true.” That’s the burden of production. The burden of persuasion measures, from the perspective of a judge or of a jury, whether a litigant has presented sufficient evidence to actually convince a jury (or a judge at a bench trial) that his facts are believable and that the scales of justice should tip in his favor.

“Ordinarily, the burden of proof is in the first instance with the party who initiates the action or proceeding, that is, the plaintiff,” lawyer Martin Weinstein once wrote.
“In other words a plaintiff, by asserting facts which, if proved, would establish liability on the part of the defendant, has the burden of proving these facts.”

In other words, Trump, by asserting Biden “fraudulently or illegally obtained” the election, bears the burden of proving that the election was indeed as described; and that is something not even his own lawyers have sought to or been able to prove (example 1example 2example 3example 4).
Trump’s people have neither proven it nor have tried; legally, Biden certainly does not have to prove it. In normal litigation, the only burden borne by an adverse party — generally speaking — is to assert affirmative defenses or to present counterclaims or crossclaims.

And in further other words, fuck you!

And yesterday even more-worse:

A recount in Wisconsin’s largest county demanded by Republican President Donald Trump’s election campaign ended Friday with Democratic President-elect Joe Biden gaining votes.

After the recount in Milwaukee County, Biden had a net gain of 132 votes, out of nearly 460,000 cast.
Overall, Biden gained 257 votes to Trump’s 125.

A playbook of useless, as the T-Rump’s family knows: ‘“He’s the only person I’ve ever met who can gaslight himself,” Mary Trump, a clinical psychologist and critic of her uncle, told VICE News in an interview on Monday. “I don’t think he’s ever accepted the truth of the loss. I don’t think he’s psychologically or emotionally capable of that.”

And onward…

(Illustration found here).

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