By WILL WEISSERT and ZEKE MILLER
https://apnews.com/article/biden-oklahoma-tulsa-shootings-gun-violence-5dc90ec2ab417708f9f023e642031c5b
Thursday, June 2, 2022
ABUSE OF PROCESS AND MALICIOUS PROSECUTION. (APPLYING THIS TO THE 2020 PRESIDENTIAL ELECTION) UPDATE.
TAKEN FROM WIKIPEDIA. ( JUST FOR REFERENCE PURPOSES). I'VE OUTLINED CERTAIN KEY POINTS.- DAVID.
An abuse of process is the unjustified or unreasonable use of legal proceedings or process to further a cause of action by an applicant or plaintiff in an action. It is a claim made by the respondent or defendant that the other party is misusing or perverting regularly issued court process (civil or criminal) not justified by the underlying legal action. In common law it is classified as an intentional tort. It is to be distinguished from malicious prosecution, another type of tort that involves misuse of the public right of access to the courts.
The elements of a valid cause of action for abuse of process in most common law jurisdictions are as follows: (1) the existence of an ulterior purpose or motive underlying the use of process, and (2) some act in the use of the legal process not proper in the regular prosecution of the proceedings.[1] Abuse of process can be distinguished from malicious prosecution, in that abuse of process typically does not require proof of malice, lack of probable cause in procuring issuance of the process, or a termination favorable to the plaintiff, all of which are essential to a claim of malicious prosecution.[2] "Process," as used in this context, includes not only the "service of process," i.e. an official summons or other notice issued from a court, but means any method used to acquire jurisdiction over a person or specific property that is issued under the official seal of a court.[3] Typically, the person who abuses process is interested only in accomplishing some improper purpose that is collateral to the proper object of the process and that offends justice, such as an unjustified arrest or an unfounded criminal prosecution. Subpoenas to testify, attachments of property, executions on property, garnishments, and other provisional remedies are among the types of "process" considered to be capable of abuse.
Malicious prosecution is a common law intentional tort. Like the tort of abuse of process, its elements include (1) intentionally (and maliciously) instituting and pursuing (or causing to be instituted or pursued) a legal action (civil or criminal) that is (2) brought without probable cause and (3) dismissed in favor of the victim of the malicious prosecution. In some jurisdictions, the term "malicious prosecution" denotes the wrongful initiation of criminal proceedings, while the term "malicious use of process" denotes the wrongful initiation of civil proceedings.
Criminal prosecuting attorneys and judges are protected from tort liability for malicious prosecution by doctrines of prosecutorial immunity and judicial immunity. Moreover, the mere filing of a complaint cannot constitute an abuse of process. The parties who have abused or misused the process have gone beyond merely filing a lawsuit. The taking of an appeal, even a frivolous one, is not enough to constitute an abuse of process. The mere filing or maintenance of a lawsuit, even for an improper purpose, is not a proper basis for an abuse of process action.
Declining to expand the tort of malicious prosecution, a unanimous California Supreme Court in the case of Sheldon Appel Co. v. Albert & Oliker, 47 Cal. 3d 863, 873 (1989) observed: "While the filing of frivolous lawsuits is certainly improper and cannot in any way be condoned, in our view the better means of addressing the problem of unjustified litigation is through the adoption of measures facilitating the speedy resolution of the initial lawsuit and authorizing the imposition of sanctions for frivolous or delaying conduct within that first action itself, rather than through an expansion of the opportunities for initiating one or more additional rounds of malicious prosecution litigation after the first action has been concluded."[1]
THE DURHAM PROBE HAS BEEN A JOKE SINCE DAY 1. WHY WAS IT DONE?
SEE ABOVE, AND LOOK AT TRUMP AND BARR. IT WAS TO TAKE ATTENTION
AWAY FROM TRUMP/GOP RIGGING 2016 ELECTION WITH AID FROM RUSSIA.
Fox’s conspiracy theories collapse with Sussmann acquittal, unmasking revelation
The network has aired more than 2,000 weekday segments discussing the Durham probe or origins of Mueller investigation since Durham's appointment in 2019.
Wednesday, June 1, 2022
CBS NEWS POLITICS: Georgia secretary of state to testify to grand jury investigating Trump effort to overturn election
Georgia Secretary of State Brad Raffensperger, who was on the receiving end of an infamous Jan. 2, 2021, phone call in which then-President Donald Trump pleaded with him "to find 11,780 votes," will testify under oath Thursday before a special grand jury investigating Trump's efforts to overturn the 2020 election.
Raffensperger, whose office oversees Georgia's elections, is among at least half a dozen people working in his office who have been subpoenaed to testify in June before the special grand jury in Fulton County. The subpoenas, which were first obtained by the Atlanta-Journal Constitution, provide the earliest glimpses into an unprecedented criminal probe of a president's interactions with state elections officials.
The secretary of state received a separate subpoena for documents, including "writing or medium that memorializes the events surrounding the January 2, 2021 telephone call with President Donald Trump," and "any writing or medium that explains" Trump's conduct during the call.
Those requests could help the special grand jury get a better sense of Trump's intent, according to Melissa Redmon, a University of Georgia law professor and former Fulton County prosecutor. Redmon said Raffensperger will likely be asked questions that "get into the intent of the president."
"What was his state of mind? Did he just not know how elections work? Was he asking you to commit fraud?" said Redmon, who was previously the director of the Fulton County District Attorney's Public Integrity Unit. "When you walked away, did you believe you had been given a directive?"
The special grand jury also demanded Raffensperger's office turn over documents related to a forensic audit of Georgia voting machines and information related to independent oversight of the election. Redmon said that information could be crucial to prosecutors crafting a case against Trump.
"If the attempt was to falsely claim that Donald Trump won Georgia, but in fact he did not, then part of the overarching case is to show he did not," Redmon said.
The special grand jury investigating Trump is composed of 23 Fulton County residents, plus three alternates, selected on May 2. Special grand juries are rare. They're devoted to just one investigation, which concludes when they produce a report for prosecutors, who ultimately decide whether to file charges. The judge overseeing the special grand jury said May 2 that this one may end up serving for as long as a year.
That amount of time is needed for an investigation in which the stakes are historically high, according to Clinton Rucker, a former Fulton County prosecutor who has worked with District Attorney Fani Willis on complex, high-profile cases.
"What you have to appreciate is never in the history of our country has a president been investigated in this way for interfering with an election. So it's a case of first impression in many respects," Rucker said. "So in my view, from the very beginning, all bets are off. There's no precedent."
Willis was voted into office the same day Trump was voted out in 2020, and was inaugurated just one day before the phone call that is central to her investigation. But she previously spent 17 years working for the Fulton County District Attorney's Office, prosecuting many of its most significant cases.
Five weeks after the Jan. 2 call, Willis notified several state officials of her investigation, including Raffensperger and Georgia Gov. Brian Kemp.
Kemp and his office have not received subpoenas from the special grand jury, according to a records request, but in February 2021 he was instructed in a letter from Willis to preserve documents and records related to the investigation.
"Fani is a bulldog. She's always been a bulldog, from the first day I met her. She is really passionate," Rucker said.
Willis is "meticulous" in her investigative work, said Redmon.
"She knew her cases backwards and forwards and knew everything about her cases, what each witness said and when they said it," Redmon said. "So I imagine that remains her method, gathering all of the evidence, analyzing all of the evidence and deciding what, if any charges are appropriate."
Trump said in a Jan. 20 statement that, "My phone call to the Secretary of State of Georgia was perfect."
ANOTHER EXAMPLE OF WHY YOU SHOULD NEVER TAKE THE WORD OF A TRUMPIAN/MEMBER OF THE GOP: LIES, DECEPTION, IGNORANCE IS THEIR PARTY PLATFORM.
I RUN INTO THIS ON A DAILY BASIS, SOMETIMES HOURLY.- DAVID.
At the NRA Convention someone told us that hammers are used to kill more people than guns. So we looked up the stats in front of them.
WATCH THE REACTION WHEN THE TRUTH COMES OUT.
LINK:
https://twitter.com/TheGoodLiars/status/1531651480180121603?s=20&t=MfE49zdmCQS9Ab0FG8-YoQ
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