greggerypeccary wrote on Dec 14
th, 2022 at 9:10pm:
Case dismissed:
Does a lawsuit filed by a woman against Donald Trump and Jeffrey Epstein prove that Trump is a rapist? No, that's not true: The lawsuit document is not evidence of anything. It is just a legal complaint, something anyone can file in court without showing proof. In fact, the Doe v. Trump and Epstein lawsuit was dismissed years ago.
The document, which is ironically embedded in a fact check article about the lawsuit, is being shared on social media as evidence Trump committed rape. The document (archived here) is the original complaint filed on October 3, 2016,under the title "Case 1:16-cv-07673-RA"...
The complaint, which was filed in federal court in Los Angeles, is not evidence of anything, according to Los Angeles lawyer Troy Slaten.
The jury instructions in both civil and criminal cases explain to jurors that the "complaint" is not evidence of anything. What attorneys say, ie in a complaint, is not evidence.Slaten noted that juries in Los Angeles are told this by the judge before they deliberate in a case. California Civil Jury Instructions #106, CACI reads:
What the attorneys say during the trial is not evidence. In their opening statements and closing arguments, the attorneys will talk to you about the law and the evidence. What the lawyers say may help you understand the law and the evidence, but their statements and arguments are not evidence.There were two lawsuits, both filed by the same plaintiff. The first was filed by "Katie Johnson" in California in April 2016 and then in New York apparently by the same plaintiff but identified as Jane Doe in June 2016. They claimed she was 13 when the assault happened.
The case was voluntarily dismissed on September 16, 2016, as the online court record notes.
NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice.
https://leadstories.com/hoax-alert/2020/08/fact-check-doe-v-trump-epstein-filing...