That's the most exceptional part about this. Not even Lemoine thinks that Ty wasn't in the physical presence of the affiants, so he's claiming that Vic, Chris, and Chuck are going to lie to the court about having Ty there when they signed the affidavits.
Official misconduct, I think.
It's not that it's a fraud upon the court (it's that too), but the actual act of improperly notarizing the document itself is a big deal for Ty. This is the sort of thing that notaries have their commission revoked or suspended for.
It doesn't. The act of notarizing the document is itself fraudulent. https://www.farahlegal.com/news/need-know-notary-fraud/
I didn't argue that he wanted to commit fraud specifically, I argued that he committed fraud. There's a difference. I agree that this fraud wouldn't help him win the case (I disagree that he's winning the case, his second amended petition is missing key elements), and I think it's far more likely that he did so out of sheer laziness or slobbiness.
I disagree; most lawyers would know that a public notary has specific requirements that they're required to follow, and failure to follow them is fraudulent.
The Filing specifically says they believe one affiant was in San Antonio while Ty was in Tyler.
And don't forget that they still haven't complied with discovery. At the last minute they threw out a request for confidentiality and they havent produced the requested documents. I really hope something comes of that on Friday.
has there been any evidence of that though? Like you figure someone on KV side, hell anyone, would have found something to prove that though being at the Con and all.
What law is “official misconduct?” And you think?
All they have is a tweet from ty, with a photo that could have been taken any time, or could have been taken by someone else and sent to ty.
"This is an instance when the integrity of the Court is threatened by the behavior of a licensed attorney in the State of Texas, and three witnesses willing to participate in his schemes."
this is what weve come to expect from Lemoine
Not just that remember Lemoine thinks Ty conference room is the Dr. Strangloves war room.....
From what I understand he had a booth at the con and at least one photo was posted.
What it sounds like, to me, is Lemoine going on a full chimpout, complete with pants-shitting and subsequently using said shit to do some finger painting on the bathroom wall. The West Nile took out his voice, but it seems to have done a number on his brain, too.
Wasn't the photo of someone NOT Chris Slatosch? Just a KC tweet.
Exactly. If you, as a layman, don't understand the rules of notarization and your lawyer tells you that signing something when he's not around is okay, you're not a willing participant in notary fraud. You've been tricked. You can only be a willing participant if you know what you're doing.
Lemoine is claiming that Ty and the affiants were not in the physical presence of each other, that Ty told the affiants that this is notary fraud, and that all the affiants agreed to commit notary fraud. Because of this, the Plaintiff should not be given the benefit of the doubt; the court should assume that they're lying when they claim that this was an honest mistake or that Ty actually was present for the signing of the affidavits.
