the DON JONES INDEX… |
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|
GAINS POSTED in GREEN LOSSES POSTED in RED 3/27/23…
14,973.21 3/20/23…
14,979.08 |
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6/27/13… 15,000.00 |
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(THE DOW JONES
INDEX: 3/27/23...
32,237.53; 3/20/23...31,861.98; 6/27/13… 15,000.00) |
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LESSON for March 27, 2023 – “STORMY of the
CENTURY (Monday and Tuesday)”
On
Tuesday last, last week... that very day self-selected by the putative Defendant
as the Good Friday of MAGAdom... one of his
enraptured acolytes tweeted “Stormy” Daniels, the porn star princess of womanly
virtue wronged, according to New York special prosecutors with a crown of
thorns with which she/he/it yearned to crown the accuser.
“A
disgusting degenerate prostitute accepts money to Frame an innocent man!,” wrote Twitter user Intergalactic Gurl. “Good luck
walking down the streets after this! @realDonaldTrump is our #POTUS and will be
selected by a landslide in 2024!”
Daniels shot
back: “I won’t walk, I’ll dance down the street when he is ‘selected’ to go to
jail.”
She did not
specify in what, if anything, she’d be dancing.
Now, after the week is done and the deed not done, the question and the
promise of Stormy’s street sarabande remains
unfulfilled.
As are the
hopes and fears of all the leering Joneses cheering or jeering the stalled jury
as it launches into another week of deliberation and witness witnessing while
real (meteorological) storms surge and shake, wars rage and the American fiscal
order trembles on the brink of catastrophe.
And, withal,
does the Defendant want to be put back in charge of all this?
Damn
right, he does.
Donald
Trump – real estate tycoon, TV entertainer and forty-fifth President of the
United States – is facing a panoply and diversity of criminal actions that
would topple a lesser dozen men of confidence.
At the forefront... for the time being... is the accusation that he
fraudulently ordered attorney Michael Cohen to pay off Daniels, the aforesaid
porn star he now admits he had “relations” with; in the process violating a
slew of Federal and New York State laws against tax evasion, fraud, campaign
funding regulations, public decency and plain old common sense.
This
will be the focus of our Lesson for the week.
But also on the table are...
The
matter of purloined letters, documents and state secrets that Trump took home
with him to Mar-a-Lago when his Presidency expired, repeatedly lying to the
government now commanded by his enemy, President Joseph Biden over the extent
and location of the classified thingies until the FBI raided his mansion,
sifted through Melania’s closets and cabinets of undergarments and commandeered
even more illicit literature – eventually numbering more
than 150
classified documents, and counting...
His
appeal to Georgia officials... notably Brad Raffensperger,
SecState, to “find” him just enough votes to win the
state in November, 2020. (It still
wouldn’t have changed the outcome of the “stolen” election, but might have
given Team Trump momentum to challenge the polling date in a few other states
with close 2020 contests (Arizona, @, @ and @) enabling a triumphant return to
the White House and four more years.
And,
when hiding documents and badgeting election
officials failed, inciding a mob of supporters and
crazy people... some in body armour, some in strange
headgear... to storm the Capitol where Vice President Mike Pence was about to
certify the election results and holding it for a few hours; battling police
and killing five and also resulting in the arrest of more
than a thousand
“patriots” now while, allegedly at the urging of the Secret Service, sneaking
away to return to the White House and watch the insurrection on television.
Yet
another sex charge – this an accusation of rape alleged by one E. Jean Carroll,
a journalist (of all things!) and all the way back in 2006!
And,
besides the criminal cases, civil litigation too voluminous to account for here
and now.
Despite
the bomb cyclone of accusations and pending indictments, the Exile, Trump,
continues on his merry way back to Washington in 2024, having already announced
his candidacy and preparing his campaign – sending a message, of sorts, by the
choice of his first rally, as took place on Saturday.
His
restoration has, admittedly, been a little slow in getting off the ground – but
things are looking up. His banishment
from social media is lifting, his own Truth Social twitnest
is gaining followers, the money is coming in... not a gusher, as yet, but not a
trickle either... merch (if not minds) are being moved
and he faces newly flawed Republican primary challengers and, if he prevails,
an incumbent who will be 81 in November, 2024.
(Trump himself being 78, the United States is exuding the reek of the
old Soviet Union in its last days under the parade of geriatric dotards weakly
coping in the weeks and months before collapse.)
Fortunately
for Djonald UnDeterred, his
most viable primary challenger, Florida Governor Ron deSantis,
recently cratered among the general public (if not the same base bastards as
comprise MAGA) by issuing a me-too” denunciation of America’s military and
humanitarian aid to Ukraine and a de facto endorsement of Putin’s War, recently
promoted from a War Crime to a War Against Humanity by the international
community (with the exception of Belarus, North Korea and, albeit nuanced,
China). Failing and fading challengers
like former Governor Nikki Haley (R-SC) and Pence have failed to gain traction,
and desperate prognosticators have resorted to promoting Vivekananda
Something... currently ranked 15th of 15 potential candidates in
recent polls, as the Cinderella of the G.O.P.
So Djonald UnChained endures UnChained.
When
Manhattan prosecutors working under the direction of Alvin Bragg (a... go
figure?... African-American roundly ridiculed as a political pawn of the
Democrats intent on “weaponizing justice”), investigating former President
Donald Trump's alleged "hush money" payment of $130,000 to Stormy in
2016 invited the former president to
testify in the probe... a step that commonly comes before an indictment in New
York, among other burgs... CBS prepared a timeline, dating all the way
back to 2006, when Daniels... gasp!... had sex with The Donald who dangled the
prosect of an appearance on Celebrity Apprentice which... surprise!... never
materialized. The
alleged scheme first came to light a decade later, when Trump was chasing the
Oval Office and quietly buried after payment of the settlement, but the
investigation has gained new momentum in recent months, with the Manhattan
district attorney's office convening a grand jury to examine the matter.
The
developments in the Manhattan case have once again drawn attention to Trump and
his allies' well-documented efforts to suppress damaging stories ahead of the
2016 election and the sprawling investigations that ensued. Michael Cohen, his
former attorney and "fixer," eventually pleaded guilty to campaign
finance charges stemming from his involvement with the payments and served
three years in prison.
A
timeline of those efforts and the district attorney's evolving investigation...
based on court records, public filings and comments made by the key players
involved... derives from an interview Daniels gave to "60
Minutes" in 2018 Trump has
denied many of the details below, and sworn he never had affairs with Daniels,
whose real name is Stephanie Clifford (or Peggy Peterson, or Georgianna Santos,
something), nor E. Jean Carrol (whom he allegedly raped on the premises of a
big money department store) nor Karen McDougal, yet another woman who alleged a
relationship and was paid for her silence.
Stormy’s
salacious story begins in July, 2006 when, according to said interview
(Attachment One), Daniels met Trump, then the star of NBC's hit show "The
Apprentice," at a celebrity golf tournament at Lake Tahoe in Nevada. She
said he invited her to dinner, and then took her up to his hotel suite, where
they did the nasty. He later invited her to a Trump Vodka launch party in
California, as well as to his office in Trump Tower in New York.
“Daniels
was 27 at the time. Trump was 60, and his wife Melania had recently given birth
to their son,” the interview disclosed.
The following
year, The Donald stiffed Stormy... telling her that he would not put her on “Apprentice”.
Nearly
five years after that “first interaction”, Daniels
gave an interview to the magazine In
Touch describing
her encounters with Trump in exchange for $15,000. Two employees later told CBS
News that the interview never ran because Michael Cohen, Trump's attorney,
threatened to sue when the publication asked Trump for comment. Daniels says
she was never paid.
A
few weeks later, Daniels said she was threatened by a man who approached her in
Las Vegas and told her to "leave Trump alone" and "forget the
story."
Five
more years passed. In July, 2016, after
Trump had secured the Republican nomination for President, McDougal, an actress and former Playboy
model, began trying to sell her story of alleged affairs she had with Trump in
2006 and 2007. She retained attorney Keith Davidson, who approached the
National Enquirer, which secured the rights to McDougal's account for $150,000
but never published her story, a tactic known as "catch and kill."
In
October, Daniels... now also represented by Davidson... told Dylan Howard, the
editor-in-chief of the National Enquirer, that she is willing to go on the
record about her alleged affair. Howard and David Pecker (Chairman and CEO of
the National Enquirer's parent company, American Media, Inc. – AMI – presumed
inspiration for a John Waters movie and promised headliner when and if the
Grand Jury reconvenes today),
informed Cohen about the conversation and put him in touch with
Davidson.
Cohen
negotiated a deal to pay Daniels $130,000 in exchange for the rights to her
story and a non-disclosure agreement. In
November, Trump was elected. Shortly
before he was sworn in as the 45th President of the United States,
Cohen sought reimbursement from the Trump Organization for $180,035 — $130,000
for the payment to Daniels, plus a wiring fee and an extra $50,000. Trump
Organization executives doubled the reimbursement to $360,000 and add another
$60,000, for a total of $420,000 to be paid in monthly installments for 12
months.
Cohen
sent invoices for $35,000 per month and received $420,000 from the company over
the course of the following year.
A month
later, Trump was elected and began a four year journey
through garbage and glory to exercise his dominion on that slice of the planet
that many call “the free world”, only to be deposed by the elderly Vice
President to the predecessor whose questionable nativity had been questioned by
Ol’ 45, setting the stage for his election, regime
and the attempted legal depositions as followed his electoral deposition.
Scientists
once experimented upon spiders... plying them with psychedelics and other
pharmaceuticals and then watching, taking photographs of and forwarding to the
media the tangled webs they wove as a presumptive message to the youth of
America to just say no to drugs.
They
didn’t, haven’t and now... apparently... somewhere between thirty and forty
percent of the electorate is lining up for another needleful
of Trump, assuming that he overcomes this latest effort by the evil liberals to
derail his toxic train, as well as all of those others, as listed above.
And Ron deSantis. And, then,
Joe Biden.
Now
if he is indicted in the Stormy
tempest in a pisspot... be it today, this week, by
Easter, Christmas, whenever (so long as the deed is done before one of the
other criminal probes beats Bragg and Stormy to the punch)...
what would happen next? Well, anybody
who sincerely professes to know is either a liar or a prestidigitator, but
Time, a week ago Saturday, gave it a shot.
(March 18th, Attachment Two) as the Grand Jury, having heard
testimony from the principles (save Trump) began its deliberations.
What
are the risks, the consequences, the downsides... and the Up... for The Donald?
As part of Manhattan District Attorney Bragg’s
investigation, Trump could
face charges for falsifying business records when he allegedly reimbursed his
then-personal attorney Michael Cohen for paying off Daniels. The hush-money
deal, allegedly crafted weeks before his presidential win, could also put Trump
in jeopardy of violating campaign finance laws.
The prospect of Trump’s arrest—the first in history for a
former president—raises questions about the process Trump would be subject to
during his arrest and trial—including whether any extraordinary measures would
be taken given his unique status... as well as, if re-elected, he could serve
out his terms of office and incarceration simultaneously, whether in the White
House (presumably with a designer ankle bracelet) or the Big House.
The charges Trump would likely face are for white-collar
crimes regarding financial dealings, and given their non-violent nature,
defendants in such cases typically “self-surrender,” skipping public perp
walks.
Shanlon Wu, a white-collar defense attorney and former federal
prosecutor, tells TIME that defense councils typically receive notice when
their white-collar clients are being indicted. “You would make an appointment
basically, to bring your client in to be booked and fingerprinted,” Wu says.
Wu adds that Trump’s lawyers may even seek some special
arrangements, given he’s a former president, to avoid walking through the front
entrance of the courthouse or police station in an attempt to be more discreet.
On Friday, Trump’s latest attorney said that if indicted, Trump would not
resist arrest and that they would follow normal procedures. “There won’t be a
standoff at Mar-a-Lago with Secret Service and the Manhattan DA’s office,” Joe Tacopina assured the
New York Daily News.
If indicted, Trump would have to go through the same
process, where he would be booked into jail, finger-printed, and a “mug shot”
taken. However, given Trump’s substantial ties to the community, especially his
ongoing 2024 presidential campaign, the judge likely wouldn’t deem him a flight
risk and “would probably immediately release him on bond,” former federal
prosecutor Renato Mariotti told TIME.
In a post on Truth Social on Saturday morning, Trump
claimed his arrest was imminent and called for his
supporters to protest, citing “illegal
leaks” from a “corrupt” and “highly political Manhattan district attorney’s
office.”
If Trump is indicted
and charged, the case
would eventually move on to jury selection, which could be a lengthy and
exhausting process.
“The majority of people in the jury pool would have some
opinions about Donald Trump,” Mariotti also told
TIME.
“If this case is still ongoing, during his run for
president, you could face a very unprecedented and challenging situation,” Mariotti said. “[Trump] would be subject to a criminal
enforcement action by a state, which would pose a lot of serious constitutional
quandaries.”
The
quandaries are quandifying in New York, where Bragg
has been vilified as “an animal” by the defendant, andm
by the alt-Right, as a cog on the chessboard of the Biden Machine and its
overseers... Hillary, George Soros and, for all we know, reptiles, the Chinese
and the Jews.
Here,
then is a portion of the drama and the mysteries of the strange and sordid
Stormy incident as they mounted day by day... long past the Tuesday indictment
day, throughout the week and into the weekend with sudden cancellations, rumours of surprise witnesses and counter-rumours that the case was so weak, or tainted or dangerous
to National Security that it would have to be dropped.
We
were intending to move on to other new issues... the polls, the war, the
weather... or perhaps revisit old tropes with new hopes... the banks, the
budget, the price of butter; but, instead, we’ll soldier on into the next week
of deliberations, hoping for some resolution while acknowledging the silken,
silver cord that Trump has slipped around the throat of the Republic in his
quest and campaign to “hijack the news cycle” (as Vanity Fair put it today,
more in next week’s Lesson).
So we
have, for your edification, prepared a timeline of the mores and the
machinations of The Donald, Stormy, Bragg and a revolving door of lawyers as
have amused and confused America since the coming of spring – which season has
already brought killer blizzards to the West, record heat and stormy weather...
including deadly tornadoes – as the witnesses witnessed and the lawyers
lawyered as the once and (perhaps) future President kicks off his 2024 campaign
with a somewhat unusual tribute rally.
The spring storms will continue at least through the end of the month
(as will subsequent Lessons, should the Grand Jury return to work and not flee
in panic) as the rest of his legal troubles close in on Ol’
45.
TIMELINE
MONDAY LAST
“Whether it
comes Tuesday or any other day, an indictment of former president Donald
Trump by the
Manhattan district attorney would be historic,” the Washington Post validated
the obvious. “Never before has a current or former president of the United
States been indicted. Such an event would recast not just Trump’s personal
biography, but also the 2024 campaign and even the state of the republic.”
Reporting on
not only the inquisitorial leanings of D.A. Bragg, but the views of experts and
posers that “(e)ven some Trump critics have wondered
about the wisdom of bringing this particular prosecution,” while, on the other
hand, “even some Trump supporters have acknowledged that his cavalier approach
helped lead to his legal jeopardy.”
Laying
out the practical and the political groundwork, as well as the legal arguments
for and against The Donald, the WashPosties decided
to reach back into history... not the obvious Monica/Slick Willie contratemps, but an even early sex and payoff scandal... the failed prosecution of John Edwards (also a Presidential candidate) in which the
prosecutors “had a difficult time proving the offense was campaign-related,
including because payment continued after the campaign ended.”
They could
have also reached even further back to the trainwreck
that was the Presidential campaign of Sen. Gary Hart (D-Co), sunk on the shoals
of what would be called the @.
More than
five years after the Wall Street Journal broke the story in early 2018 Stormygate (and why the hell not,
everything of this ilk eventually gets a “gate” wrapped arounds its throat)
could lead to the first indictment of a former president — and, the Post
warned, “a series of reverberations.”
Also
on Monday, New York police... anticipating revelry, riots and, perhaps,
Revolution if the GJ did indict Trump on the morrow, “erected
barricades around (the) Manhattan courthouse,” as Mayor Eric Adams told reporters
police were monitoring social media and keeping an eye out for
"inappropriate actions" in the city (Reuters, Attachment Four) after
Robert Costello, an Abbott-less attorney who has previously represented Trump
allies like Steve Bannon and Rudy Giuliani testified that Trump's former fixer
Michael Cohen had handled the hush-money payments without Trump's involvement.
"Michael
Cohen decided on his own - that's what he told us - on his own, to see if he
could take care of this," Costello told reporters after testifying to the
grand jury at Trump's lawyers' request.
Cohen would
serve time and now says publicly that The Donald “directed him to make the
payments on Trump's behalf.” The Reuters
article also touched on some of the candidates civil and criminal litigations –
including the Fulton County (Ga) charges that he begged elections officials to
“find” him enough votes to win the state, a civil fraud trial brought by the
New York attorney general alleging a decade-long scheme “to manipulate the
value of his assets to win better terms from bankers and insurers” and the
impending civil trial filed by former
magazine columnist E. Jean Carroll, “who claims that Trump defamed her by
denying he raped her.”
Democrats
privately are worried, contended Time opinionator Phillip Elliott that the
Stormy case might be “the weakest of all of the investigations into
Trump and his orbit,” while Republican NeverTrumpers,
eager to crown a new leader of their party, “fear that a case seen as
less-than-rock-solid could undermine future, potentially more damning
ones.” (Attachment Five)
“As
TIME’s Brian Bennett reports,
Trump’s legal team actually thinks an indictment could
prove helpful for
Trump’s return to power,” Elliott contended, “or at least his chase of the GOP
nomination for a third time. And here’s the harsh truth: they aren’t entirely
irrational.”
Trump’s
“perpetual grievance machine”
could even help his standing with the base (although the outlook gets cloudier
when it comes to a general election between him and the likely Democratic
nominee, President Joe Biden).
TUESDAY
CNBC,
reporting on Stormy’s pledge (Attachment Six and
above) to ‘dance down the street’ if Trump
goes to jail highlighted developments on the day upon which the former
President predicted he would be taken away by police.
Stormy’s paymaster,
Trump’s former attorney and fixer Michael Cohen has already gone to federal
prison for crimes that included a campaign finance violation related to his
$130,000 payment to her shortly before Election Day 2016 and is now co-operating
with Bragg.
While
awaiting the Stormy jury verdict, CNBC also reported, the accused got some good
news... the defamation cases brought by Carroll (above) would not be
consolidated, resulting in a postponement
of trial
(previously scheduled to start April 10th) and a contention by Judge
Lewis Kaplan that the case, filed in 2019,
“could prove unnecessary” if the federal appeals court that is currently
reviewing the case rules that the suit is barred by law.
CNN political analyst Stephen Collinson, Tuesday morning
(Attachment Seven) expressed a belief that Trump’s allies
in Congress were “...doing what the former president taught them to do – use government power
to try to keep his legal threats at bay.”
Citing
the “growing circus atmosphere around this drama,” fueled by Trump’s weekend
prediction that he’d be arrested on Tuesday, Collinson reported that Trump’s
calls for protests, meanwhile, have authorities on
edge in
New York, where security cameras and barricades have been erected, and in
Washington “amid painful flashbacks to his incitement of violence to further
his personal and political ends on January 6, 2021.”
House
Judiciary Chairman Jim Jordan warned of the Manhattan investigation: “It’s obvious
that this is a sham, and something that we want to know – were federal funds
involved?” The Ohio Republican also told CNN’s Manu Raju: “We don’t think
President Trump broke the law at all.”
Jordan and
two other House chairmen demanded testimony from Bragg and accused him of an
“unprecedented abuse of prosecutorial authority.”
The idea
that a case would be made solely on Cohen’s word, without considerable
corroborating evidence, seems unlikely. But there is much about this grave
matter that the rest of the country doesn’t yet understand.
“That is
not, however, quelling the storm (nor the “Stormy”) that has accompanied
Trump’s return to political center stage, which could reach hurricane strength
in the days ahead,”.
Then
again, there’s the chance that Trump could still seize defeat (or martyrdom)
from the jaws of a sort of bland victory that might impact his merch sales.
The former
president’s attorney Joe Tacopina has been all over
the airwaves declaring that Trump’s actions were “not a
crime.”
However,
back in 2018, when Trump’s ex-lawyer Michael Cohen was
staring down charges for arranging
the $130,000 payment to keep Daniels quiet about an alleged affair ahead of the
2016 election, according to the Daily Beast (Attachment Eight), Tacopina claimed the arrangement was “illegal” and a
possible “campaign finance issue” for the ex-president.
In a
separate CNN appearance that month, Tacopina twice
said the
hush-payment arrangement to Daniels was “illegal.”
Beyond that,
Tacopina may
have an ethics issue on his
hands by representing Trump in this specific case. Prior to Daniels hiring
Michael Avenatti as her attorney, the adult film star
approached Tacopina to represent her.
Withal,
there was a bubble of speculation Tuesday that, while Trump’s own prediction
would fail, he might be indicted on Wednesday,
a discrepancy that would be easy to explain away. (New York Times, Attachment Nine)
Noting that
the special grand jury that has been hearing testimony meets three afternoons a
week, on Mondays, Wednesdays and Thursdays, the Times predicted that “at least
one more witness could be called before jurors are asked to vote, according to
people familiar with the matter.”
Other
“people with knowledge of the matter” have suggested any charges would stem from
the falsification of business records that recorded reimbursements to Michael
Cohen — Mr. Trump’s former lawyer and fixer and the prosecution’s star witness
— as legal fees. “Such a charge, combined with a second crime involving illegal
campaign contributions, could rise to a low-level felony.”
News Nation
(Attachment Ten) also predicted that Trump would be indicted Wednesday,
“The next
steps in a grand jury process shrouded in secrecy remained unclear, and it was
uncertain if additional witnesses might be summoned. The 23 members of the
grand jury will vote on whether to indict Trump, but only 12 have to believe
it’s likely a crime was committed to indict the former president.”
Conviction
might be easier to attain than indictment... but there might be a
jurisdictional wrinkle.
Mark Smith,
a former Trump transition team member and a constitutional attorney, told NewsNation that it might be “difficult” for Trump to get a
fair trial in Manhattan.
“I do think
it might be very difficult for Donald Trump to get a fair hearing in the county
of Manhattan given it’s so overwhelming blue and anti-Trump. I think it would
be very difficult, I’m not saying it’s impossible,” Smith said.
If indicted,
there are several scenarios for the former President’s arrest and transport
from Mar-a-Lago to Manhattan.
More of
those “sources” say that Trump has given up on a dramatic shootout with
authorities, and would peacefully return to face Bragg’s justice... but the MAGAmob as does not believe him has been gathering at
Mar-a-Lago, perhaps hoping for a television-style storming of the premises...
with the former President hauled off in chains, or wrapped in a body bag.
“Crowds of some of Trump's most ardent supporters wore
cowboy hats, American flag suits and pro-Trump gear while gathering along the
Palm Beach, Fla., road leading to Mar-a-Lago Tuesday,” Fox News reported
(Attachment Eleven). Many held signs with messages, including, "I Stand With Pres. Donald J. Trump," "Drain the Swamp Vote
Trump 2024" and "Trump Won. Democrats Cheat."
The MAGAcats have sniffed a rat...
and the rodent is the Biden/Soros/Hillery conspiracy
to “trap” decent Americans into acts of violence.
In an online video presentation Monday night, no less
personage than Roger Stone, now of
Fort Lauderdale, told pro-Trump crowds, "It is vitally important that you
keep it peaceful, you keep it civil, you keep it orderly and you keep it legal.
The left would like to trick us into overreaction and violence and lawlessness,
so they can blame President Trump, and so they can scoop up America First
leaders.”
Politico,
after reminding Joneses that they’d predicted a one-six recurrence nearly a year ago, prepared yet another of those Q&A
seminars on Tuesday afternoon, as it was starting to seem that... while the indictitators might miss Djonald’s
self-selected deadline for martyrdom... they would surely come to the
conclusion of their labors by Wednesday, at least. (Attachment Twelve)
Some of
their answers (shortened for time and space) were...
Is
Trump definitely going to be indicted?
No, but it
appears very likely.
What
does the grand jury vote entail?
After prosecutors finish presenting witnesses, the 23-person grand
jury will then discuss the case and vote on it. An indictment requires 12 or
more jurors to vote yes.
Will
he be arrested? Will his mug shot be taken? When will he appear in court?
Because the
case is white-collar, the district attorney’s office will ask Trump’s attorney
when he plans to come to New York to be arraigned. Whenever he comes to New York, he will be
arrested, booked, finger-printed and have his mug shot taken; then be taken to
a judge. It is possible that he’ll be
handcuffed when he is transported from the district attorney’s office to court
— a short walk away within the same building, presumably under the eyes and the
flashbulbs of roving reporters.
The judge will
set a date for his next court appearance, then Trump will most likely be able
to return to his Florida home, or wherever he chooses.
Bragg,
the Hill reported, signaled earlier this month that Trump may face criminal charges as part of his
probe when the office offered the former president the chance to testify before
a grand jury, to which offer Ol’ 45 replied “Nuts!”.
Republicans
like Speaker Kevin McCarthy have criticized the probe as not only
political but as being in violation of the Statute of Limitations. The Hill, (Attachment Thirteen) has disputed,
or at least qualified this provision, stating that New York’s
statute of limitations is five years for most felonies or two years for
misdemeanors, “but that timeline can be extended if the defendant has lived out
of state — as Trump did when he was in the White House.”
GOP
lawmakers “have largely defended Trump while zeroing in on Bragg.”
When
the Grand Jury concluded its work on Tuesday, NBC (3/21, 5:24 PM) offered up
thirteen takeaways (see Attachment Fourteen) which we have ascribed letters to,
designating their submission... in the reverse order, as is common to takeaway
enclosures... from 14A through 14M. Some
of those most germane to the process were...
14A
Further deliving into the subtext of
subcategories, Peacock Girl Laura Jarrett ticked off “five things
to look for in a possible Trump indictment.
14A-3, asking whether a “conspiracy” occurred targets Michael Cohen’s
still mysterious dealings with the former President – his believability (given
his own conviction and sentencing) may loom large.
Cohen’s
lawyer, Lanny Davis, reportedly told his client to stop going on
television. (14B)
Rose
Horowitch (14-F) challenged the assumption that Trump
might become the first ex-president ever to be arrested by disclosing that 18th
President Ulysses S. Grant had been arrested for speeding in his horse-drawn
carriage in 1872. He allegedly paid a
$20 fine.
NBC’s Jason Abbruzzese reported (14-G) that fake pictures of Trump
being arrested are now being posted on the internet – courtesy of AI apps that
have “opened the door for plenty of misleading images to circulate online.”
Dareh Gregorian (14-J), noting far-right social media appeals to Gov. DeSantis
to “block Trump from getting extradited to New York if he
decides not to surrender,” and thus provoking a shootout between New York and
Federal agents v. Florida police, the Secret Service and the MAGAmob. But
anonymous “legal experts” said there’s “little to nothing that the Florida
governor could do in that unlikely event — even if he wanted to.” Which he does not.
The Independent UK also brought up threats of violence against officials
involved in any arrest, as well as Bragg and the usual suspects, threatened in
more Truth Social posts by the former President as called the four
ongoing criminal investigations into his actions the “most disgusting witchhunt in the history of our country,” and telling his
followers that he will “stand in their way” of their political “enemies”. In yet another timeline (Attachment Fifteen),
the Brits cited another post, where Donald DeRanged
accused Cohen of extortion, and Bragg
of suffering from the ubiquitous “Trump Derangement Syndrome.”
The IUK also
reported that former Djonald’s lawyer Rudy G, was
heard and spotted hawking “personal messages” for $325 on the video greeting
site Cameo, reciting the nursery rhyme I’m A Little Teapot,
Short and Stout..
“Tip me over
and pour me out!”
Vanity Fair took a (tea)potshot at Trump’s current
attorney, Joe Tacopina, dredging up a 2018 appearance
on CNN when the Taco was (briefly) representing Stormy and stated that “the story
that Michael Cohen acted
in his own capacity when he paid Daniels $130,000 was total BS.” (Attachment Sixteen)
Midnight
tolled and Wednesday rolled round – finding The Donald
still at liberty in Mar-a-Lago. As the
dawn broke, President Joe was dispatching regulators to Brokebank
Mountain to deal with the SVB and Signature crises, nasty storms were pummeling
the homeland, the French and Israeli democracies were crumbling and Number Two Elephane Ron DeSantis (R-Fl) was stumbling to walk back his
support for Putin’s War.
The MAGAmob,
smaller than hoped for by their champion but boisterous and, the government
assumed, heavily armed, rose early... girding their loins, loincloths and
headdresses for the afternoon’s resumption of hearings and, perhaps,
Revolution.
They would not be the only ones
disappointed.
March 20th
– 26th , 2023 |
|
|
Monday, March 20, 2023 Dow:
32,244.58 |
Spring sprung
with a coast to coast freeze featuring 80 mph winds,
floods, blizzards, landslides, mountain snow and an “atmospheric river” in
Los Angeles, aka “the new Seattle.”
The U.N. cites a “closing window”on
climate change requires “warp speed” action.
And the “roller-coster” temperatures in the
East bring out the “critters” say exterminators, as rats, roaches, ants and
flies celebrate and proliferate while dead dolphins are washing up on Jersey beache. And spring brings spring breakers... and
their guns, too. So much firing in
Miami that a curfew is imposed, liquor sales restricted and arrests
soar. “Bummer,” say the kids as a gang
of Ohio breakers beat up the drummer for Def Leppard, cancelling concerts. March Madness bracket breakers mount an
ever-climbing series of upsets, leaving behind busted dreams. Buster Murdaugh
of... yes... that family investigated for murdering a classmate. Like father, like son? |
|
Tuesday, March 21, 2023 Dow:
32,560.69 |
It’s National Strawberry
Day. Death drops in on Denver as a dirty
dentist is accused of poisoning his wife.
Dumb fellow left behind Google searches and mail order orders for
cyanide. Then, a school shooter repeatedly
kicked out of schools for armed mischief finally shoots two Denver deans,
drives off, then kills himself. A ways north in Idaho, legislators legislate a new-old
remedy for killers... executions by firing squad. Schools in L.A. close too – but not
because of violent students or weather; the janitors go on strike for higher
wages... soon joined by teachers and other staff. “We can’t make enough to pay the rents
here,” a striker says. At least
there’s some (sort of) good news... average U.S. housing prices fall for the
first time in ten years, all of 0.2 percent.
And much higher in places like California, where the strikers are
making $25,000/yr. Interest rates are
expected to rise, despite the battle between busted banks and inflation. At least the school strikers probably have
jobs to go back to. Amazon will fire
9,000 workers, allowing them to use urinals and toilets again. Foot Locker will close 400 stores. And Starbucks workers, once again, are
protesting their lack of Earthbucks. |
|
Wednesday, March 15, 2023 Dow:
32,030.11 |
The West Coast atmospheric river gives way to “bomb cyclones” that
strike here and there between L.A. and S.F.
“Hurricane force” winds and rain down trees, killing drivers, and
derailing (another) train. The storms
will move east, bringing tornadoes to anywhere between Texas and Mississippi. Some good news on the fiscal
front as SecTreas JanYell
declares that the banks are “stabilizing” and depositors are staying home
instead of lining up to withdraw their savings. All-but-declared 2024
candidate Gov. Ron deSantis (R-Fl) passes more
anti-gay laws, but realizes he may have talked himself out of the Presidency
and pivots, calling Bad Vlad a war criminal as Putin and Chinese President Xi
drink toasts and proclaim friendship.
But there’s still no word on whether the ChiComs
will provide Russia with more weapons.
In return, Japan sends a delegation to Ukraine as its baseball team
defeats America 3-2 in the global world series. In legal news, SCOTUS... in a
rare, unanimous vote... rules that deaf students have the legal right to aid
in education. And out in Utah, Gwyneth
Paltrow and a retired optometrist sue each other over a ski accident. Goop! |
|
Thursday, March 16, 2023 Dow:
32,106.29 |
It’s National Puppy Day. Awww... Dog days of summer come early to the East,
where all the flowers that started blooming during the heat wave at the
beginning of March, then died as winter returned, are blooming again. The rain is finally moving out of
California and into the deserts of Arizona, where five inches drench
Phoenix. Rapes, robberies and murders continue
escalating... Denver closes its school in the wake of the latest mass
shooting as police sort out another one in Texas. Parents of Michigan school shooter Crumbley arrested for giving him the gun with which to do
his deeds. Home invaders disguised as
delivery drivers terrify California, Virginia prison escapees caught after
celebrating their freedom with breakfasts at IHOP. Another near-disaster in the air as pilot
of Southwest flight from Vegas to Ohio suffers medical emergency but the
passengers are saved because another pilot from a competing airline is on
board and takes control of the plane.
Rising incidents of “turbulence” sput a
policy to prohibit babies from flying on their mother’s laps (and it results
in more ticket sales, too!), |
|
Friday, March 24, 2023 Dow:
32,237.53 |
It’s National Cocktail
Day. Pour a stiff one for the Stormy
grand jury, sent home for a long three day weekend
or longer. Trump calls Manhattan D.A.
Bragg an “animal” and turns to other pending indictments in the capitol
riots, Georgia election and rape of author E. Jean Carroll at the
Bergdorf-Goodman in NY. President Joe and Justin Trudeau,
meanwhile, are busy cutting a deal to prevent illegal alients
from going to and fro between U.S. and Canada. Iranian-backed Syrian terrorists exchange
drone strikes with America... one contractor is killed versus somewhere
around sixteen bad guys. Congress
grills TikTok CEO Shou Chen, who denies that
Chinese spies are collecting data to be used on American teens... some day. |
|
Saturday, March 25, 2023 Dow: (Closed) |
The Madness escalates at March
Madness as the last two top seeds are eliminated – as are all of the popular
Cinderella teams. Left behind are a
bunch of middlin’-good ballers. Rolling thunder and tornadoes strike
Rolling Forks, MS, death toll rising from 19 to 23. The wicked weather finally moves out of
California, producing drenching rains in the deserts outside Phoenix. At least it’s the end of the drought. Chocolate factory explodes in Pennsylvania,
two are dead and nine missing. Police
are investigating reports of disgruntled Oompa Loompas and hunting for
Charlie, an apparent fugitive. Also on
the hunt are coyotes, proling for children in
Hollywood. |
|
Sunday, March 26, 2023 Dow: (Closed) |
The
Insurrection, Extortection and Priapic principles
scatter and gather across the Sunday talkshow
desert as Aygee Bragg boldly boasts that the Grand
Jurors will return to work, will come to a verdict (which need
only a majority to convict, not unanimity) and, God willing, will stoke up the boiler and set the
Midnight Special rumbling towards the prison gates. Predictable liberal Donna Brazile predictably calls Trump “despicable” and
predictably predicts he’ll continue to play the victim card, should the
Stormy Grand Jury return on ABC’s This Week; a normally and nominally
liberal, Dan Abrams, dissents (sort of) – questioning the validity of the
“zombie prosecution” after so many years and so many prosecutors passed it
by, adding that “jacking up” a misdemeanor sex charge to a felony “may be
difficult” unless traditional legal protections like attorney-client
confidentiality or executive privilege can be “pierced.” Over on CBS, current DT lawyer Tacopina tries to spin the defendant’s wielding a
baseball bat on the NY Post cover as not advocating violence against Bragg
while even Republican stalward Peggy Noonan asks
whether this is strategy or evidence of a nervous breakdown. But the Waco rally goes on without notable
acts of insurrectional violence... that’s going on in France and, now, in
Israel after Bad Benny Netanyahu eviscerates the courts and dissenting
ministers so as to rule by decree.
Like Putin. In non-Stormy stormy news, rescues, relief
and recovery begin after the tornadoes stretch across five states. Tales are told of lost homes and children,
miracle survival tactics like hiding in bathtubs and a restaurant freezer, a
bouncy castle full of children bouncing along and President Joe and FEMA
promising aid. And, for Americans seeking inspiration,
two Cubans escape their island hell on a hang glider, landing in Key West,
ninety miles away. |
|
Slowly stabilizing banks... bargains were to be
found scavenging the roadkill of SVB and Signature... meant a slow return to
the old normal for the Don. That was sagging
numbers, disgruntled Americans and violent foreigners. Will France go Communist and Israel embrace
the entreaties of Naziism? Even the
Stormy grand jury seemed paralyzed – bummed out or maybe just tired of the
weather, tired of the daily grind and tired of The Donald. But polls still call him the favorite to
win the 2024 nomination and then be smooshed under the sensible shoes of
President Joe. RINOs weep. Don Jones worries. But at least he won’t have to stand in long
lines trying to save a few dollars of his IRA. |
|
CHART
of CATEGORIES w/VALUE ADDED to EQUAL BASELINE of 15,000 (REFLECTING…
approximately… DOW JONES INDEX of June 27, 2013) See a further explanation
of categories here… ECONOMIC INDICES (60%) |
CATEGORY |
VALUE |
BASE |
RESULTS |
SCORE |
OUR SOURCES
and COMMENTS |
|
|||||||||||||||
INCOME |
(24%) |
6/17/13
& 1/1/22 |
LAST |
CHANGE |
NEXT |
SOURCE |
|
||||||||||||||
Wages (hrly. per cap) |
9% |
1350 points |
3/6/23 |
+1.24% |
3/23 |
1,434.03 |
1,434.03 |
|
|||||||||||||
Median Inc. (yearly) |
4% |
600 |
3/17/23 |
+0.28% |
4/10/23 |
602.71 |
602.88 |
http://www.usdebtclock.org/ 35,761 771 |
|
||||||||||||
Unempl. (BLS – in mi) |
4% |
600 |
3/6/23 |
+5.56% |
4/23 |
633.65 |
633.65 |
|
|||||||||||||
Official (DC – in mi) |
2% |
300 |
3/17/23 |
-0.20% |
4/10/23 |
278.10 |
278.66 |
http://www.usdebtclock.org/
5,522 511 |
|
||||||||||||
Unofficl. (DC – in mi) |
2% |
300 |
3/17/23 |
-0.18% |
4/10/23 |
267.87 |
268.36 |
http://www.usdebtclock.org/ 11,930
908 |
|
||||||||||||
Workforce Particip. Number Percent |
2% |
300 |
3/17/23 |
+0.037% +0.028% |
4/10/23 |
301.24 |
301.32 |
In 161,036 094 Out 100,297 308 Total: 261,333 402 |
|
||||||||||||
WP % (ycharts)* |
1% |
150 |
2/27/23 |
+0.16% |
3/23 |
150.95 |
150.95 |
https://ycharts.com/indicators/labor_force_participation_rate 62.50 |
|
||||||||||||
|
|
||||||||||||||||||||
15% |
|
|
|
|
|||||||||||||||||
Total Inflation |
7% |
1050 |
3/17/23 |
+0.4% |
4/23 |
996.88 |
996.88 |
http://www.bls.gov/news.release/cpi.nr0.htm +0.4 |
|
||||||||||||
Food |
2% |
300 |
3/17/23 |
+0.4% |
4/23 |
278.78 |
278.78 |
http://www.bls.gov/news.release/cpi.nr0.htm +0.4 |
|
||||||||||||
Gasoline |
2% |
300 |
3/17/23 |
+1.0% |
4/23 |
243.21 |
243.21 |
http://www.bls.gov/news.release/cpi.nr0.htm +1.0 |
|
||||||||||||
Medical Costs |
2% |
300 |
3/17/23 |
-0.7% |
4/23 |
294.90 |
294.90 |
http://www.bls.gov/news.release/cpi.nr0.htm -0.7 |
|
||||||||||||
Shelter |
2% |
300 |
3/17/23 |
+0.7% |
4/23 |
281.06 |
281.06 |
http://www.bls.gov/news.release/cpi.nr0.htm +0.8 |
|
||||||||||||
|
|||||||||||||||||||||
WEALTH |
6% |
|
|
|
|
||||||||||||||||
Dow Jones Index |
2% |
300 |
3/17/23 |
+1.18% |
4/10/23 |
258.06 |
261.11 |
https://www.wsj.com/market-data/quotes/index/ 32,237.53 |
|
||||||||||||
Home (Sales) (Valuation) |
1% 1% |
150 150 |
3/6/23 |
-0.50%
-2.15% |
4/23 |
125.77 267.55 |
125.77 267.55 |
https://www.nar.realtor/research-and-statistics Sales (M): 4.00
Valuations (K): 359.0 |
|
||||||||||||
Debt (Personal) |
2% |
300 |
3/17/23 |
+0.085% |
4/10/23 |
278.93 |
278.69 |
http://www.usdebtclock.org/ 72,972
73,034 |
|
||||||||||||
|
|
|
|||||||||||||||||||
NATIONAL |
(10%) |
|
|
|
|
||||||||||||||||
Revenue (trilns.) |
2% |
300 |
3/17/23 |
+0.008% |
4/10/23 |
384.42 |
384.45 |
debtclock.org/
4,610.6 0.918 611.3
611.68 |
|
||||||||||||
Expenditures (tr.) |
2% |
300 |
3/17/23 |
+0.033% |
4/10/23 |
341.06 |
340.95 |
debtclock.org/ 6,019
021 023 025 |
|
||||||||||||
National Debt tr.) |
3% |
450 |
3/17/23 |
+0.048% |
4/10/23 |
426.77 |
426.57 |
http://www.usdebtclock.org/ 31,596
609 624 639 (The debt ceiling was 31.4) |
|
||||||||||||
Aggregate Debt (tr.) |
3% |
450 |
3/17/23 |
+0.11% |
4/10/23 |
422.25 |
421.79 |
http://www.usdebtclock.org/ 94,466
556 660 764 |
|
||||||||||||
|
|
|
|||||||||||||||||||
GLOBAL |
(5%) |
|
|
|
|
||||||||||||||||
Foreign Debt (tr.) |
2% |
300 |
3/24/23 |
+0.11% |
4/10/23 |
347.05 |
347.43 |
http://www.usdebtclock.org/ 7,224
216 |
|
||||||||||||
Exports (in billions) |
1% |
150 |
3/17/23 |
+2.92% |
4/23 |
163.94 |
163.94 |
https://www.census.gov/foreign-trade/current/index.html 257.5 |
|
||||||||||||
Imports (bl.) |
1% |
150 |
3/17/23 |
+2.52% |
4/23 |
165.54 |
165.54 |
https://www.census.gov/foreign-trade/current/index.html 325.8 |
|
||||||||||||
Trade Deficit (bl.) |
1% |
150 |
3/17/23 |
+1.32% |
4/23 |
300.76 |
300.76 |
https://www.census.gov/foreign-trade/current/index.html 68.3 |
|
||||||||||||
SOCIAL INDICES (40%) |
|
||||||||||||||||||||
ACTS of MAN |
12% |
|
|
|
|||||||||||||||||
World Affairs |
3% |
450 |
3/17/23 |
-0.2% |
4/10/23 |
448.58 |
447.68 |
Macron
survives no confidence vote but French retirement age strikes continue,
causing King Charles to postpone his visit.
More political violence greets Israeli PM Netanyah’s
dictatorial power grab. Honduras
switches allegiance from Taiwan to ChiComs. President Joe and Justin Trudeau cut deal
to prevent illegal border crossings... from Canada! |
|
||||||||||||
Terrorism |
2% |
300 |
3/17/23 |
-0.3% |
4/10/23 |
289.81 |
288.44 |
Putin,
facing arrest by world bureaucrats, meets Xi to plot the conquest or
destruction of the world and parks “tactical” nukes in adjacent Belatus. US trades
air strikes with Iranian-backed terrorists in Syria. NoKo tests
underwater nuke aimed at producing a radioactive tsunami. |
|
||||||||||||
Politics |
3% |
450 |
3/17/23 |
-0.1% |
4/10/23 |
471.60 |
471.14 |
Mitchy Mac out of the hospital. Stormy’s story
fails to provoke Trump indictment, Saint Ron pivots on Ukraine. Congress holds hearing on TikTok - CEO Shou Chen denies Chinese spying and is not
believed. |
|
||||||||||||
Economics |
3% |
450 |
3/17/23 |
+0.1% |
4/10/23 |
430.48 |
430.91 |
Jan Yell
says President Joe saved the economy.
FDIC selling off busted banks = cheap!
Foot Locker closing stores as is Disney; Amazon fires 9,000. L.A. settles school strikes. |
|
||||||||||||
Crime |
1% |
150 |
3/17/23 |
-0.5% |
4/10/23 |
268.12 |
266.78 |
Spring
breakers celebrate with shootings in Miami.
Texas achool shooter kills student, Denver
teen shoots two Deans – then kills himself while a dentist there (his?)
poisons his wife and a car in Maryland runs down and kills six construction
workers. Florida bomber found dead
near Legoland. Seven cops, three
healthcare workers suffocate prisoner in @ while suburban DC cops gun down a sunglasse
thief. And scammers are using sex
offender registries to blackmail perverts (and Don Jones is OK with that). |
|
||||||||||||
ACTS of GOD |
(6%) |
|
|
|
|
|
|||||||||||||||
Environment/Weather |
3% |
450 |
3/17/23 |
-0.3% |
4/10/23 |
423.42 |
421.93 |
“Atmospheric
river” alternates with “bomb cyclone” on Pac Coast as roller-coaster
temperatures are destroying the wine grapes and bringing out the “critters”
say the exterminators. US cites
“closing window” on climate change and advises “warp speed” solutions. |
|
||||||||||||
Disasters |
3% |
450 |
3/17/23 |
-0.2% |
4/10/23 |
439.60 |
438.72 |
Tornadoes
strike Mississippi (26+ dead) and downtown L.A. (many actors frightened)
while Pennsylvania faces the chocolate factory explosion and dumping of 8,000
gallons of paint into Philly’s drinking water. The better news is that a
crash is averted when passenger steps in to take control of plane. And
conjoined twins are separated in Dallas. |
|
||||||||||||
LIFESTYLE/JUSTICE INDEX |
(15%) |
|
|
|
|
|
|||||||||||||||
Science, Tech, Educ. |
4% |
600 |
3/17/23 |
+0.2% |
4/10/23 |
625.99 |
624.74 |
Conress calls Tik Tok “the spy in American
pockets.” Twitter will start charging
users $8/month, businesses $1,000.
Google Bard will compete with ChatBot in the
new AI generated cheating on term papers industry. Scientists create mice that are born to two
male parents (and Ron deSantis cries out: “Release
the cats!”) |
|
||||||||||||
Equality (econ/social) |
4% |
600 |
3/17/23 |
-0.3% |
4/10/23 |
611.18 |
609.35 |
Neo-Nazis
vandalized homes in Nashville because the only country they recognize is
Germany. IOC bans transgender
Olympians as Uganda sees and raises, exceuting gays, Banned books
rise from 700 in 2021 to 1,200 in 2022: most deal with gays or blacks. |
|
||||||||||||
Health |
4% |
600 |
3/17/23 |
-0.3% |
4/10/23 |
473.94 |
472.52 |
“Ted
Lasso” visits White House to talk about mental health. The fear keeps spreading: killer eye drops,
flesh eating bacteria proliferate and flesh-eating humans get urinary tract
infections from tainted meat. Hyundai
and Kia recall 600,000 vehicles that catch fire in your garage. |
|
||||||||||||
Freedom and Justice |
3% |
450 |
3/17/23 |
+0.1% |
4/10/23 |
461.77 |
462.23 |
Cumberland
U. settles lawsuit after insane coach forces wrestling team to run Punishment
Drills and refuses to provide them with water until one collapses
with brain damage. Idaho greenlights
firing squads. SCOTUS rules
(unanimously!) that deaf students have the right to education. Actor Jonathan (“Creed”) Majors arrested
for sex assaults; parents of school shooter Crumbley
arrested for bad parenting and a 16 year old gets
life for stabbing a 13 year old 114 times.
Hero of “Hotel Rwanda” released from Rwanda prison after
terrorism charges dismissed. |
|
||||||||||||
MISCELLANEOUS and TRANSIENT INDEX |
(7%) |
|
|
|
|
|
|
||||||||||||||
Cultural incidents |
3% |
450 |
3/17/23 |
-0.2% |
4/10/23 |
486.04 |
485.07 |
Brackets
busted, broken and buried as top seeds and Cinderellas
fail to make Final Four. Japan beats
US 3-2, wins global World Series, Celebrity traumas include Bruce
Willis (dementia), Aaron Sorkin (heart troubles) and Dick van Dyke (car crash
while driving at 97 – years, not mph. RIP: Knicks’ legend Willis Reed,
Parliaments’ Fuzzy Naskins, Nicholas (son of Andrew
Lloyd Webber and compoer in his own right), “Wire”
actor Lance Reddick and the Camaro. |
|
||||||||||||
Misc. incidents |
4% |
450 |
3/17/23 |
+0.2% |
4/10/23 |
474.98 |
475.93 |
Virginia
prisoners escape, but are caught when they stop to eat at IHOP. Happy birthday to “General Hospital” (60),
“Young and the Restless” (50), Mister Pickles the turtle, a first time dad at
90, Zebra
escapes from zoo and roams the streets of
Seoul.. |
|
||||||||||||
|
|
|
|
|
|
|
|
|
|||||||||||||
The
Don Jones Index for the week of March 20th through March 26th,
2023 was DOWN 5.82 points
The Don Jones
Index is sponsored by the Coalition for a New Consensus: retired Congressman
and Independent Presidential candidate Jack “Catfish” Parnell, Chairman; Brian Doohan, Administrator.
The CNC denies, emphatically, allegations that the organization, as well
as any of its officers (including former Congressman Parnell,
environmentalist/America-Firster Austin Tillerman and cosmetics CEO Rayna
Finch) and references to Parnell’s works, “Entropy and Renaissance” and “The
Coming Kill-Off” are fictitious or, at best, mere pawns in the web-serial
“Black Helicopters” – and promise swift, effective legal action against parties
promulgating this and/or other such slanders.
Comments, complaints, donations (especially SUPERPAC donations) always
welcome at feedme@generisis.com or: speak@donjonesindex.com.
ATTACHMENT
ONE – From
ATTACHMENT ONE –
From CBS News (see
site
for graphs, charts and reproductions of a killer document)
Timeline: Donald Trump, Stormy Daniels and the
$130,000 payment to buy her silence
By STEFAN BECKET UPDATED ON: MARCH
20, 2023 / 7:01 PM / CBS NEWS
Washington —
Manhattan prosecutors investigating former President Donald Trump's alleged
"hush money" payment of $130,000 to adult film star Stormy Daniels in
2016 recently invited the
former president to testify in the probe, a step that commonly comes before an
indictment in New York.
The alleged scheme first came to light years ago, when Trump
was still in office, but the investigation has gained new momentum in recent
months, with the Manhattan district attorney's office convening a grand jury to
examine the matter.
An indictment of a former president would be a first in
American history and a politically explosive step with Trump seeking the GOP
nomination for president in 2024. His attorney has said he has no plans to
participate in the probe, and the former president has denounced the
investigation as a witch hunt.
On Saturday, Trump said he expects to be arrested in
New York on Tuesday, and called for his supporters to protest.
The developments in the Manhattan case have once again drawn
attention to Trump and his allies' well-documented efforts to suppress damaging
stories ahead of the 2016 election and the sprawling investigations that
ensued. Michael Cohen, his former attorney and "fixer," eventually
pleaded guilty to campaign finance charges stemming from his involvement with
the payments and served three years in prison.
The following timeline of those efforts and the district
attorney's evolving investigation is based on court records, public filings and
comments made by the key players involved. Trump has denied many of the details
below, and said he never had affairs with Daniels, whose real name is Stephanie
Clifford, nor Karen McDougal, another woman who alleged a relationship and was
paid for her silence.
2006
July:
According to an interview Daniels would give to "60 Minutes" in
2018, Daniels meets Trump, the star of NBC's hit show "The
Apprentice," at a celebrity golf tournament at Lake Tahoe in Nevada. She
says he invited her to dinner, and she met him at his hotel suite, where they
had sex. He later invites her to a Trump Vodka launch party in California, as
well as to his office in Trump Tower in New York.
Daniels is 27 at the time. Trump is 60, and his wife Melania
had recently given birth to their son.
2007
July:
A year after their first interaction, Trump asks Daniels to meet at his bungalow
at the Beverly Hills Hotel in Los Angeles to discuss a possible appearance on
the spin-off "Celebrity Apprentice." The two spend four hours
together but don't have sex, Daniels says later, and she leaves after Trump
says he is still working on securing her a spot on the show.
August: Trump calls Daniels and tells her he couldn't get her on
"Celebrity Apprentice."
2011
May:
Daniels gives an interview to the magazine In Touch describing
her encounters with Trump in exchange for $15,000. Two employees later tell CBS
News that the interview never ran because Michael Cohen, Trump's attorney,
threatened to sue when the publication asked Trump for comment. Daniels says
she was never paid.
A few weeks later, Daniels says she is threatened by a man
who approaches her in Las Vegas and tells her to "leave Trump alone"
and "forget the story."
2016
June: Karen McDougal, an
actress and former Playboy model, begins trying to sell her story of an alleged
affair she had with Trump in 2006 and 2007. She retains attorney Keith
Davidson, who approaches the National Enquirer about a possible deal.
July 19: Trump secures the Republican Party's nomination for
president.
Aug. 5: The National Enquirer secures the rights to McDougal's
account for $150,000 but never publishes her story, a tactic known as "catch and kill." Federal prosecutors later say the agreement was meant
"to suppress [her] story so as to prevent it from influencing the
election."
August and September: Cohen reaches an agreement with David Pecker, the chairman
and CEO of the National Enquirer's parent company, American Media, Inc. (AMI),
to secure the non-disclosure portion of the company's deal with McDougal for
$125,000. The deal between Cohen and AMI is never finalized, but Cohen retains
a copy of the draft agreement.
Oct. 8: Daniels is now also represented by Davidson, who tells
Dylan Howard, the editor-in-chief of the National Enquirer, that she is willing
to go on the record about her alleged affair. Howard and Pecker inform Cohen
about the conversation and put Cohen in touch with Davidson.
Cohen negotiates a deal to pay Daniels $130,000 in exchange
for the rights to her story and a non-disclosure agreement.
Oct. 17: Cohen files paperwork to incorporate a firm known as
Essential Consultants LLC in Delaware.
Oct. 25: No deal with Daniels has been finalized, and Davidson
tells Cohen, Howard and Pecker that his client is close to reaching an
agreement with another outlet to tell her story. Cohen agrees to finalize the
deal.
Oct. 26: Cohen opens a bank account for Essential Consultants and
transfers $131,000 he obtained by taking out a home equity line of credit into
the new account.
Oct. 27: Cohen wires $130,000 to Davidson, Daniels' attorney.
Nov. 1: Cohen receives signed copies of the agreement between
"Peggy Peterson" and "David Dennison." It is dated Oct. 28.
In an accompanying letter, "Peterson" is
identified as a pseudonym for Daniels. The identity of Dennison is redacted in
later court filings, but Daniels' attorney later says it was the name used by
Trump. The agreement bears the signatures of Daniels, Davidson and Cohen, but
the signature for Dennison is blank.
A
screengrab of a page from the agreement between Stormy Daniels and
then-candidate Donald Trump.COURT FILING
Nov. 4: The Wall Street Journal publishes a report
detailing the $150,000 deal between McDougal and AMI. A Trump campaign
spokeswoman calls McDougal's claims of an affair "totally untrue,"
and AMI says it "has not paid people to kill damaging stories about Mr.
Trump."
The Journal story mentions that Daniels "was in
discussions with ABC's 'Good Morning America' in recent months to publicly
disclose what she said was a past relationship with Mr. Trump, according to
people familiar with the talks."
Nov. 8: Election Day. Trump is elected president, defeating
Democrat Hillary Clinton.
2017
January: Cohen seeks reimbursement from the Trump Organization for
$180,035 — $130,000 for the payment to Daniels, plus a wiring fee and an extra
$50,000. Trump Organization executives double the reimbursement to $360,000 and
add another $60,000, for a total of $420,000 to be paid in monthly installments
for 12 months.
Cohen sends invoices for $35,000 per month and receives
$420,000 from the company over the course of the year.
Jan. 20: Trump is sworn in as the 45th president of the United
States.
2018
Jan. 12: The Wall Street Journal publishes an article detailing the
$130,000 payment to Daniels, the first public acknowledgment of the scheme.
Cohen says Trump "vehemently denies" having an affair but does not
address the payment.
Cohen also sends a statement he claims is from "Stormy
Daniels," saying the stories of an affair are false.
Feb. 13: Cohen acknowledges making the payment to
Daniels for the first time, but denies being reimbursed and says it was not
connected to the Trump campaign, both assertions that he will later recant.
"Neither the Trump Organization nor the Trump campaign
was a party to the transaction with Ms. Clifford, and neither reimbursed me for
the payment, either directly or indirectly," Cohen said in a statement.
"The payment to Ms. Clifford was lawful, and was not a campaign
contribution or a campaign expenditure by anyone."
March 6: Daniels, who is now represented by attorney Michael Avenatti, sues Trump and Essential Consultants LLC
in California, an attempt to nullify the nondisclosure agreement, arguing that
the deal is invalid since Trump never signed it.
The suit alleges she began an "intimate
relationship" with Trump in 2006 that ended the following year. She says
she accepted $130,000 from Cohen in exchange for her silence about the alleged
relationship. The agreement and an accompanying letter are included in the
filing.
Daniels also alleges Cohen used "intimidation and
coercive tactics" to get her to sign on to the statement denying the
affair.
March 9: Avenatti releases emails showing Cohen used his Trump
Organization email address to arrange a wire transfer connected to the
agreement.
April 5: In his first public comment on the matter, Trump says he was unaware of the $130,000
payment.
April 9: FBI agents execute a search warrant at Cohen's home
and office. The search is the first indication of a federal probe into Cohen's
actions. Trump later calls the search "a disgrace."
April 30: Daniels sues Trump for defamation over a tweet in which he
wrote that her claims that she was threatened in 2011 were a "total con
job."
May 2: Rudy Giuliani, newly hired as Trump's personal attorney,
makes the startling admission that the president
reimbursed Cohen for the $130,000 payment.
May 3: Trump tweets that Cohen
"received a monthly retainer, not from the campaign and having nothing to
do with the campaign, from which he entered into, through reimbursement, a
private contract between two parties, known as a non-disclosure agreement, or
NDA."
He adds that "[m]oney from the campaign, or campaign contributions, played
no roll [sic] in this transaction."
July 20: With pressure on Cohen mounting, CNN publishes a
recording of a phone call between Cohen and Trump in which they discussed the
payment to McDougal before it was made.
Aug. 21: Cohen pleads guilty to eight federal charges of
tax evasion, fraud and campaign finance violations related to the payments to Daniels
and McDougal. He tells a federal court in Manhattan that Trump directed him to
make the payments.
Aug. 28: CBS News reports that the
Manhattan District Attorney's Office has opened an investigation and is
considering pursuing criminal charges against the Trump Organization, one week
after Cohen's guilty plea. Investigators are said to be looking into whether
the Trump Organization falsified business records of reimbursements payments to
Cohen.
Oct. 15: A federal judge dismisses Daniels' defamation lawsuit,
saying the president's comments were "hyperbolic" but protected under
the First Amendment.
Dec. 11: The judge who threw out Daniels' defamation case orders her to pay $293,052 to cover
Trump's legal fees. Daniels would fight the ruling all the way to the Supreme
Court, which declines to hear the case three years
later.
Dec. 12: Cohen is sentenced to three years in federal
prison. After the U.S. Attorney's Office for the Southern District of New York
agrees not to prosecute AMI, the company admits to burying McDougal's story to
help Trump's campaign.
2019
May 6: Cohen reports to federal prison in upstate New
York.
July 18: Documents from the now-concluded federal probe into the
payments suggest Trump was aware of efforts to buy
the silence of both women in the days leading up to the election.
The documents showed repeated
communication between Cohen and Trump, as well as one phone call that included
Daniels' lawyer and the AMI executives.
"Based on the timing of these calls, and the content of
the text messages and emails, I believe that at least some of these
communications concerned the need to prevent Clifford from going public,"
one FBI agent wrote.
August: The office of Manhattan District Attorney Cyrus Vance Jr.
subpoenas the Trump Organization for records related to the payments. The New
York Times reports that
investigators are "examining whether any senior executives at the company filed
false business records about the hush money, which would be a state
crime."
Sept. 17: Vance's office issues a subpoena for Trump's tax returns
dating back to 2011, an indication that its investigation is expanding beyond
the "hush money" payments. Trump sues to block the subpoena two days
later, with his attorneys arguing that "a sitting President of the United
States is not 'subject to the criminal process' while he is in office."
Oct. 7: U.S. District Judge Victor Marrero turns down Trump's bid to keep his tax
records out of the hands of Vance's investigators, determining the president is
making a "categorical and limitless assertion of presidential
immunity." Trump's attorneys immediately appeal the decision.
Nov. 4: The 2nd U.S. Circuit Court of Appeals rules that Trump's claims of immunity
"do not bar the enforcement of a state grand jury subpoena directing a
third party to produce non-privileged material, even when the subject matter
under investigation pertains to the president." Trump appeals to the
Supreme Court.
2020
May 12: The Supreme Court hears arguments in two cases involving Trump's
tax records. Conservative and liberal justices alike question the president's
claim of "absolute immunity" from state investigations, seemingly
skeptical of a blanket ruling shielding the president in non-federal cases.
"You're asking for broader immunity than anyone else gets," Justice
Sonia Sotomayor said.
July 9: The Supreme Court sides with Vance in a 7-2 ruling, finding
that Trump is not immune from the district attorney's subpoena.
"Two hundred years ago, a great jurist of our Court
established that no citizen, not even the President, is categorically above the
common duty to produce evidence when called upon in a criminal
proceeding," Chief Justice John Roberts wrote for the majority. "We
reaffirm that principle today and hold that the President is neither absolutely
immune from state criminal subpoenas seeking his private papers nor entitled to
a heightened standard of need."
2021
Feb. 3: Vance's office brings in Mark Pomerantz, a former federal
prosecutor with deep experience in complex financial and organized crime cases,
as a special assistant district attorney. Pomerantz is working solely on the
Trump case.
Feb. 25: Vance's office obtains Trump's tax returns, three days
after the Supreme Court rejected a last-ditch attempt by Trump to
keep them under wraps.
March 12: Vance announces he will not seek reelection
that November, kicking off a high-stakes race for his replacement.
July 1: A Manhattan grand jury returns a 15-count indictment against two Trump
Organization companies and Allen Weisselberg, its chief financial officer. Both
plead not guilty. Prosecutors from the Manhattan District Attorney's Office
detail the alleged crimes in court and a 25-page indictment filed in state
court.
The indictment alleges the company and Weisselberg
orchestrated a scheme to funnel more than $1.7 million in untaxed
"indirect employee compensation" to the longtime executive beginning
in 2005. Prosecutors said the Trump Organization failed to report the payments
to tax authorities properly.
Nov. 2: Alvin Bragg is elected as the next Manhattan district
attorney.
Nov. 22: Cohen is released from federal custody after
serving most of the last 18 months of his sentence under house arrest.
2022
March 23: The New York Times reveals that
Pomerantz, who stepped down the month before, wrote in his resignation letter to Bragg
that he believes Trump is "guilty of numerous felony violations."
Pomerantz expressed frustration with the new district
attorney's handling of the case, writing: "I believe that your decision
not to prosecute Donald Trump now, and on the existing record, is misguided and
completely contrary to the public interest. I therefore cannot continue in my
current position."
Pomerantz wrote that "the team that has been
investigating Mr. Trump harbors no doubt about whether he committed crimes — he
did."
"I and others have advised you that we have evidence
sufficient to establish Mr. Trump's guilt beyond a reasonable doubt, and we
believe that the prosecution would prevail if charges were brought and the
matter were tried to an impartial jury," he said.
April 7: Bragg reiterates that the criminal investigation into
Trump and his company remains active. He says investigators and prosecutors are
"exploring evidence not previously explored."
Aug. 17: Weisselberg, the Trump Organization CFO, pleads guilty. He admits to receiving more
than $1.7 million in untaxed compensation and agrees to cooperate with
prosecutors in the criminal case against two Trump Organization entities.
Nov. 17: At the Trump Organization's trial, Weisselberg testifies that Trump and two of his
children allegedly participated in a scheme to defraud tax authorities.
Dec. 6: A New York jury finds the two Trump Organization companies guilty on all 17 charges of tax fraud and
other crimes.
Defense attorneys said Trump, who was not charged in the
case, was unaware of the schemes playing out beneath him, while prosecutors
said he signed off on them. Trump's children also deny wrongdoing.
2023
Jan. 17: Cohen meets with investigators from the district
attorney's office, a new sign that the years-old investigation into Trump may
be picking up steam.
"They're calling me in for the 14th time, so we'll see
what happens," Cohen says outside a government office building in downtown
Manhattan, adding that he hasn't met with investigators since Bragg took
office. "This is my first time meeting with Alvin Bragg." hen
arriving at a New
Jan. 30: The New York Times reports that Bragg
has recently convened a grand jury to examine the evidence in the "hush
money" probe. The report says Pecker, the AMI CEO, was spotted entering
the building where the grand jury is meeting.
March 8: Kellyanne Conway, who was Trump's senior counselor in the
White House, meets for at least the second time with
Manhattan prosecutors investigating the Daniels payment.
Cohen wrote in his 2020 memoir, "Disloyal," that
on Oct. 27, 2016, he unsuccessfully attempted to call Trump to confirm that he
had made the payment to Daniels. Conway, he said, called back and "said
she'd pass along the good news."
March 9: The district attorney's office invites Trump to testify before the grand
jury investigating the payment to Daniels, a move that suggests Trump could
face an indictment in the case, according to a source familiar with the
matter.
A Trump spokesperson says in a statement that the
"Manhattan District Attorney's threat to indict President Trump is simply
insane. For the past five years, the DA's office has been on a Witch Hunt,
investigating every aspect of President Trump's life, and they've come up empty
at every turn — and now this."
The spokesperson characterized the possibility of Trump's
indictment as "a new political attack" and "a clear exoneration
of President Trump in all areas."
March 13: Trump's lawyer says he will not be testifying before the
grand jury.
"He won't be participating in that proceeding — a
proceeding that we and most election law experts believe is with absolutely no
legal merit," said Joseph Tacopina, who represents Trump.
Cohen also testifies before the grand jury for the
first time.
March 15: Cohen testifies again for three hours.
"We'll see what happens, what questions they ask, and
then at the end the grand jurors have the opportunity to ask me questions and
I'm looking forward to that," Cohen said.
Clark Brewster, an attorney for Daniels, also says his client met with investigators from the district
attorney's office.
"Stormy responded to questions and has agreed to make
herself available as a witness, or for further inquiry if needed,"
Brewster tweeted.
March 18: Trump takes to social media to warn of his possible arrest and
call for protests.
The former president posted on his Truth Social network that
"illegal leaks" from the Manhattan district attorney's office
indicate that "THE FAR & AWAY LEADING REPUBLICAN CANDIDATE &
FORMER PRESIDENT OF THE UNITED STATES OF AMERICA, WILL BE ARRESTED ON TUESDAY
OF NEXT WEEK."
Trump attorney Susan Necheles explained to CBS News that the
post was speculation.
"As President Trump states, his post is based on the
media reports. Since this is a political prosecution, the District Attorney's office
has engaged in a practice of leaking everything to the press, rather than
communicating with President Trump's attorneys as would be done in a normal
case," Necheles said.
In his posts, Trump repeated allegations that the 2020
presidential election he lost was stolen and urged his followers to
"PROTEST, TAKE OUR NATION BACK!"
Following Trump's call for protests, Bragg sends an email to
his staff assuring them that "your safety is our top priority," and
says he is committed to "maintaining a safe work environment where
everyone is able to continue to serve the public with the same diligence and
professionalism that make this institution so renowned."
"We do not tolerate attempts to intimidate our office
or threaten the rule of law in New York," Bragg writes. "Our law
enforcement partners will ensure that any specific or credible threats against
the office will be fully investigated and that the proper safeguards are in
place so all 1,600 of us have a secure work environment."
Bragg also tells his staff in the district attorney's office
that as with all of its investigations, his team "will continue to apply
the law evenly and fairly, and speak publicly only when appropriate."
March 19: Two sources confirm to CBS News that
attorney Robert Costello, who was a legal adviser to Cohen, may appear before
the grand jury Monday to discredit Cohen.
Trump's attorneys asked Costello to appear, sources tell CBS
News, though it's unclear whether he will be called.
Cohen, too, has been asked to be in close proximity to the
grand jury, which meets in Lower Manhattan, in case he is needed to
"rebut" the witness.
ATTACHMENT
TWO – From Time
IF DONALD TRUMP IS INDICTED, HERE'S WHAT WOULD HAPPEN
NEXT IN THE PROCESS
BY ANISHA KOHLI MARCH
18, 2023 3:32 PM EDT
Former President Donald Trump says
his indictment by the Manhattan District Attorney for alleged hush money
payments is imminent, claiming on Saturday that it could come as early as
Tuesday.
District Attorney Alvin Bragg has
not commented on Trump’s claims, and a spokesperson for Trump later clarified that
Trump had received no notification an indictment was imminent.
However, Trump’s comments highlight
the possibility that he could face arrest for the first time. Trump was invited
to testify before a grand jury in early March. The offer to testify, which Trump
declined, is required before any indictment.
The investigation centers around
cash paid to pornographic film star Stormy Daniels in 2016 before Trump’s
election win. Daniels says she had an affair with Trump; Trump denies this.
Read More: What Trump Has Said About Stormy Daniels
As part of Bragg’s investigation, Trump could face charges for falsifying business records
when he allegedly reimbursed his then-personal attorney Michael Cohen for
paying off Daniels. The hush-money deal, allegedly crafted weeks before his
presidential win, could also put Trump in jeopardy of violating campaign
finance laws.
The prospect of Trump’s arrest—the
first in history for a former president—raises questions about the process
Trump would be subject to during his arrest and trial—including whether any
extraordinary measures would be taken given his unique status.
TIME spoke with legal experts about
each step of the process, and how Trump’s indictment might proceed differently
from run-of-the-mill white-collar crime cases.
The
arrest
The charges Trump would likely face
are for white-collar crimes regarding financial dealings, and given their
non-violent nature, defendants in such cases typically “self-surrender,”
skipping public perp walks.
Shanlon Wu, a white-collar defense
attorney and former federal prosecutor, tells TIME that defense councils
typically receive notice when their white-collar clients are being indicted.
“You would make an appointment basically, to bring your client in to be booked
and fingerprinted,” Wu says.
Wu adds that Trump’s lawyers may even
seek some special arrangements, given he’s a former president, to avoid walking
through the front entrance of the courthouse or police station in an attempt to
be more discreet. On Friday, Trump’s attorney said that if indicted, Trump
would not resist arrest and that they would follow normal procedures. “There
won’t be a standoff at Mar-a-Lago with Secret Service and the Manhattan DA’s
office,” Joe Tacopina told the New
York Daily News.
If indicted, Trump would have to go
through the same process, where he would be booked into jail, finger-printed,
and a “mug shot” taken. However, given Trump’s substantial ties to the
community, especially his ongoing 2024 presidential campaign, the judge likely
wouldn’t deem him a flight risk and would probably immediately release him on
bond, former federal prosecutor Renato Mariotti tells TIME.
In a post on Truth Social on
Saturday morning, Trump claimed
his arrest was imminent and called for his supporters to
protest, citing “illegal
leaks” from a “corrupt” and “highly political Manhattan district attorney’s
office.”
Security
measures
Law enforcement agencies at the
local, state and federal level have been working to prepare the Manhattan
Criminal Court for the possibility that Trump is indicted, NBC News reported
Friday, citing anonymous sources. The New York Police Department, New York
State Court Officers, the Manhattan District Attorney’s Office, the Secret
Service, and the FBI are all involved, according to NBC.
Wu doesn’t anticipate many unusual
logistics in the procedures if Trump is indicted, but believes that security
would be heightened—similar to measures for other high-profile political
figures or celebrities. “Sometimes we see a huge flood of cameras and reporters
at the front of the courthouse,” he says. “With a former president, the Secret
Service would probably have some screening mechanism for that, because
otherwise, you don’t know who’s in the crowd.”
“Court security may also set up a
sort of a barrier zone, meaning there’s going to be ‘X’ amount of feet, where
people can walk through and there won’t be any reporters sticking microphones
in their faces,” Wu adds that there would probably be limits to how many people
are allowed in the courtroom.
Complications
If Trump is indicted and charged, the
case would eventually move on to jury selection, which could be a lengthy and
exhausting process.
“The majority of people in the jury
pool would have some opinions about Donald Trump,” former federal prosecutor
Renato Mariotti tells TIME. “Most defendants, even if they’re famous, are often
not known by prospective jurors or they don’t have a certain opinion about that
person. I think it’s safe to say that Donald Trump is different.”
During jury selection the
prosecution and the defense use voir dire questioning, meaning they can ask
each prospective juror questions about their qualifications and knowledge of
the case, in an attempt to ensure fair and impartial jurors.
Wu thinks a judge could opt to issue
a so-called “gag order,” restricting all parties from talking to the press.
“This is gonna get so much publicity anyway if he’s charged,” Wu says. “It’d be
very hard to find jurors who haven’t been exposed to the news.” Although rarely
used, one method to combat this is for a judge to sequester jurors, limiting
their exposure to outside influence or information.
“If this case is still ongoing, during his
run for president, you could face a very unprecedented and challenging
situation,” Mariotti says. “[Trump] would be subject to a criminal enforcement
action by a state, which would pose a lot of serious constitutional
quandaries.”
MONDAY LAST
ATTACHMENT
THREE - From WashPost 3/20 x37
Whether it comes Tuesday or any other day, an indictment
of former president Donald Trump by the Manhattan district
attorney would be historic. Never before has a current or former president of
the United States been indicted. Such an event would recast not just Trump’s
personal biography, but also the 2024 campaign and even the state of the
republic.
While the moment of accountability has been speculated about
and even anticipated, it would truly be crossing the Rubicon.
The question is, crossing into what.
Even some Trump critics have wondered about the wisdom of
bringing this particular prosecution, which would apparently involve Trump
lawyer Michael Cohen’s hush-money payments to porn star Stormy Daniels at the
end of the 2016 presidential campaign to cover up an alleged extramarital
affair that Trump denies; conversely, even some Trump supporters have
acknowledged that his cavalier approach helped lead to his legal jeopardy.
We don’t know for sure that an indictment is coming. But
with a decision around the corner, it’s worth running through the arguments for
and against — both legal and practical.
The practical
The arguments against
Perhaps the most common pushback even from some Trump critics
is that the first prosecution of a former president would involve a relatively
small-bore charge.
Trump faces a number of potential prosecutions, including
for his retention of sensitive government documents at Mar-a-Lago and for his
efforts to overturn the 2020 election results based on false claims of voter
fraud. The idea that the first charge would amount to a campaign finance
violation is almost anticlimactic.
Another argument, which unites Trump partisans and some
critics, is the precedent that this would set. It’s true that nobody is
supposed to be above the law, but there are real-world implications in
prosecuting a former president: The law of unintended consequences applies.
It’s valid to fear that this case would open the door to
more investigations involving presidents and other political leaders — though
that’s been on the rise
already, and the rhetoric of “lock them up” has quickly become
ingrained in our politics. It’s also difficult to avoid the fact that this
prosecution would be brought by an elected Democrat, Alvin Bragg, just like
potential election-interference charges in Fulton County, Ga., and just like the fraud
lawsuit in New York state. There’s no getting around the fact that
some prosecutors who have to make such decisions are elected officials, but
that will always give some people pause. And some of these prosecutors have not done
themselves favors when it comes to appearing to be above
politics.
There’s also the prospect of a failed prosecution —
the come-at-the-king issue.
Imagine a Democrat bringing a case against a Republican former president for
what might be considered the least of his crimes, and there’s no conviction.
Trump’s claims to political targeting would suddenly be injected with new venom
and potentially seem more plausible even to the Republicans who have strayed
from him.
The arguments for
While such a prosecution would indeed be unprecedented in American
history, just because something hasn’t happened before doesn’t mean it’s not
just. We’re a young country with relatively few presidents — 45 — and the
conduct of the others, as far as we know, hasn’t involved things like paying
hush money to a porn star during a campaign.
Former presidents have faced legal
problems, and one, Richard M. Nixon, even had an indictment
drafted against him but was pardoned by his successor, Gerald
Ford. It’s also true that most former presidents fade from the political scene,
with only a handful, like
Trump, running for office again. And while Trump allies have claimed
that the pursuit of accountability is “third world” stuff, plenty of modern,
developed democracies have prosecuted heads of state.
What’s more, the facts in the hush-money case are relatively
simple, established and easy for people to understand. We also know that, among
Trump’s many controversies, it ranked up there in terms of what people thought
was problematic.
Nearly 8 in 10
Americans and a majority of Republicans said they thought Trump
at least acted unethically when this was all over the news in 2018. In a poll
last week, a whopping 73 percent of
Republicans surveyed agreed that it was a crime to pay hush
money to someone “to remain silent about an issue that may affect the outcome
of an election.”
Most of all, it’s a cornerstone of our justice system that
nobody is above the law — something Attorney General Merrick Garland often
says. To the extent that the evidence against Trump is compelling, it shouldn’t
matter that half the country could be outraged or even that some people might
rise up. There are also precedents involved in letting someone with such power
escape accountability. And bowing to those potential consequences could serve
to reward Trump’s efforts to rile up his supporters and lodge his “deep state”
conspiracy theories.
Trump skirted any real sanction during his time in office
because of existing Justice Department policy against prosecuting a sitting
president. But among other potential evidence of wrongdoing, special counsel
Robert S. Mueller III found compelling evidence
that Trump might have obstructed justice in several instances.
And you could certainly argue that lack of consequences had
an impact, as evidenced by Trump keeping those sensitive government documents
after leaving office and repeatedly failing to return them. Were he to get a
pass on buying the silence of someone who posed a political liability — in a
case in which the underlying crime has been proved in a court of law and Trump
has been directly implicated — that would send a message as well.
The legal
The arguments against
Put plainly, this prosecution is no slam dunk.
And it would apparently rest on a somewhat untested legal theory.
While we don’t know what the charges might be, it appears
they would involve the alleged falsification of business records, which stems
from Trump’s listing his reimbursements of Cohen as “legal expenses.” But that
would be a misdemeanor, and it seems unlikely only misdemeanor charges would be
brought. For this to be a felony, New York law requires the falsification to be
related to some other crime or intended crime.
What precisely would that “predicate crime” be? We don’t yet
know. But Just Security ran
through a few options.
They include Cohen’s established federal campaign finance
violation in which the Justice
Department implicated Trump. Basically, this was failing to report
spending $130,000 on something that aided Trump’s campaign. But it’s not clear
that New York law allows for the related crime to be a federal one or whether
it has to violate a state law. And Trump’s legal team has argued that, despite
Cohen’s guilty plea, this doesn’t qualify as a campaign expenditure
because Trump as a
public figure would have paid Daniels the hush money regardless.
There are also a couple of state laws involving campaign
finance and conspiring “to promote or prevent the election” of someone “by
unlawful means.” But unlike in Cohen’s case, those don’t involve proven crimes.
And there are some questions even then about the interplay between state law
and a federal campaign.
No prosecutor wants to bring a case unless they are
reasonably confident they will win. This is hardly a surefire prosecution. It’s
also worth emphasizing that the Justice Department, which seemed to take care
to implicate Trump in Cohen’s criminal act, never brought
charges, even once Trump was out of office.
The arguments for
About the best argument for bringing these charges before —
or even in lieu of — others is that the case involves a relatively simple set
of facts and a proven crime. Withholding classified documents and trying to
overturn an election involve weightier issues, but they also involve more
subjectivity.
In Fulton County,
Ga., and in the federal Jan. 6 probe, the courts would be asked to decide where
to draw the line between questioning election results and breaking the law to
overturn them — and likely to decide whether Trump truly knew better.
And while Trump’s retention of classified documents is
pretty evidently more problematic than
either President Biden’s or former vice president Mike Pence’s — and there is
precedent for prosecuting such cases — it involves proving Trump deliberately
flouted the law. A case involving a former president is also more complicated
and fraught than previous prosecutions for a host of reasons.
In the hush-money case, we know several things:
·
that Cohen paid off Daniels
·
that Trump reimbursed Cohen while knowing
what it was for
·
that Trump lied about
this and his aides offered denials that soon fell apart
·
that there is evidence this was done
with the campaign in mind
·
that Cohen pleaded guilty to the
campaign finance violation and that the Justice Department directly implicated
Trump in it
·
that there is a paper trail and
audio to back much of this up.
It bears emphasizing that the Justice Department did not
designate Trump as an unindicted co-conspirator, which would have been even
more significant. (Some erroneously concluded
that Trump was a co-conspirator after the Justice Department referred to him as
“Individual-1,” but such a move would have involved more directly tying the
unnamed individual to illegal activity.) And connecting the dots to prove a
crime even with Cohen’s guilty plea is no cinch. But at least the baseline
conduct is detailed and a matter of public record. It’s also possible that
Bragg knows things the rest of us don’t that could be brought to bear at trial.
Also, while some skeptics have compared this situation to
the failed
prosecution of John Edwards — for obvious reasons given it
involves a presidential candidate, an alleged affair, payments to a woman, and
even the National Enquirer — there are significant differences. The Edwards
prosecutors had a difficult time proving the offense was campaign-related,
including because payment continued after the campaign ended. The Trump case
could also include more authoritative witnesses.
And finally, there’s the fact that, however small-bore a
campaign finance violation might seem, there’s a credible argument to be made
that it could have mattered greatly. The 2016 election was so close that any number of
factors might have laid claim to being decisive. Imagine a world in
which we knew about this allegation shortly after the news of the “Access
Hollywood” tape broke.
There’s no way of knowing whether things would have turned
out differently, but this allowed Trump to obscure an ugly allegation for more
than a year, before the Wall Street Journal broke the story in early 2018.
More than five years later, it could lead to the first
indictment of a former president — and a series of reverberations.
ATTACHMENT
FOUR - From
From Reuters x36
New York
City braces for Trump indictment after ex-president urges protests
By Karen Freifeld and Luc Cohen
NEW YORK, March 20 (Reuters) - Workers erected barricades
around a Manhattan courthouse on Monday as New York City braced for a possible
indictment of Donald Trump over an alleged hush-money payment to porn star
Stormy Daniels during his 2016 campaign.
It would be the first-ever criminal case against any U.S. president.
On Saturday, Trump urged followers on social media to protest what he said was
his looming arrest.
In his call for protests, Trump raised concerns for law
enforcement that supporters might engage in violence similar to the Jan. 6,
2021, attack on the U.S. Capitol in Washington.
Fearing a trap, however, several far-right grassroots groups
have opted not to heed his call, security analysts
said.
A grand jury, which heard further testimony on Monday, could
bring charges as soon as this week. Trump, who is seeking the Republican
nomination for the White House again in 2024, had predicted he would be
arrested on Tuesday.
On Monday the grand jury heard from a witness, lawyer Robert
Costello, who said Trump's former fixer Michael Cohen had handled the
hush-money payments without Trump's involvement.
"Michael Cohen decided on his own - that's what he told
us - on his own, to see if he could take care of this," Costello told
reporters after testifying to the grand jury at Trump's lawyers' request.
Cohen, who testified twice before the grand jury, has said
publicly Trump directed him to make the payments on Trump's behalf.
An indictment could hurt Trump's comeback attempt. Some 44%
of Republicans say he should drop out of the presidential race if he is
indicted, according to a seven-day Reuters/Ipsos poll that concluded on Monday.
The investigation by Manhattan District Attorney Alvin Bragg
is one of several legal challenges facing Trump.
His office did not immediately respond to a request for comment.
Cohen pleaded guilty in 2018 to federal campaign finance
violations tied to his arranging payments to Daniels, whose legal name is
Stephanie Clifford, and another woman in exchange for their silence about
affairs they claimed with Trump.
Trump has denied that any such affairs took place
The Manhattan District Attorney's office had asked that
Cohen be available as a rebuttal witness, but he was told on Monday afternoon
that his testimony was not needed, according to his lawyer Lanny Davis. Cohen
told MSNBC he had not been asked to return on Wednesday.
NO SIGN OF UNREST
New York Mayor Eric Adams told reporters police were
monitoring social media and keeping an eye out for "inappropriate
actions" in the city. The New York Police Department said there were no
known credible threats.
If charged, Trump would likely have to travel from his
Florida home for fingerprinting and other processing. Law enforcement officials
met on Monday to discuss the logistics, several media outlets reported.
Sources have said
Bragg's office was presenting evidence to a grand jury about a $130,000 payment
made to Daniels in the final weeks of the 2016 campaign.
Trump's fellow Republicans have widely criticized the probe
as politically motivated.
Florida Governor Ron DeSantis, Trump's rival for the Republican
presidential nomination, said on Monday Bragg was imposing a
"political agenda" that compromised the rule of law, but he also took
a veiled swipe at Trump.
"I don't know what goes into paying hush money to a
porn star to secure silence over some type of alleged affair," he told
reporters.
Republicans in the U.S. House of Representatives launched
an investigation of Bragg's office with a
letter seeking communications, documents and testimony related to the probe.
Trump and other Republicans have also said the Manhattan
District Attorney's office should focus more on tackling crime.
Asked to comment on the letter, a spokesperson for the DA's
office, citing statistics that homicides and shootings were down this year,
said:
"We will not be intimidated by attempts to undermine
the justice process, nor will we let baseless accusations deter us from fairly
applying the law."
Trump was impeached twice by the House during his
presidency, once in 2019 over his conduct regarding Ukraine and again in 2021
over the attack on the U.S. Capitol by his supporters. He was acquitted by the
Senate both times.
SEVERAL MORE LEGAL CHALLENGES REMAIN
Bragg won a conviction last December against Trump's
business on tax fraud charges.
But legal analysts say the hush-money case may be more
difficult. Bragg's office will have to prove that Trump intended to commit a
crime, and his lawyers will likely employ a range of counterattacks to try to
get the case dismissed, experts say.
Trump, meanwhile, has to contend with other legal
challenges, raising the possibility he will have to shuttle between campaign
stops and courtrooms before the November 2024 election.
Trump's lawyers on Monday asked a Georgia court to quash a special
grand jury report detailing its investigation into his alleged efforts to
overturn his 2020 statewide election defeat.
The filing in Fulton County Superior Court also seeks to
have the county district attorney, Fani Willis, recused from the case, arguing
her media appearances and social media posts demonstrated bias against Trump.
Trump is also seeking to delay a civil fraud trial,
scheduled for Oct. 2, brought by the New York attorney general that alleges a
decade-long scheme to manipulate the value of his assets to win better terms
from bankers and insurers.
Trump faces two civil trials involving former magazine
columnist E. Jean Carroll, who claims that Trump defamed her by denying he
raped her. A federal judge on Monday denied a request from both sides to
combine the two cases into one.
ATTACHMENT
FIVE – From Time
WHY EVEN SOME OF TRUMP’S CRITICS THINK THE STORMY DANIELS CASE IS WEAK
By Phillip Elliott
Donald Trump may be days, or even hours, away from
becoming the first former President to be criminally indicted. It’s what Trump
critics have been waiting years for. But this was not the case they were
envisioning as the one leading to that coveted Trump mugshot.
Democrats privately are worried that the case before a
Manhattan grand jury—based on Trump’s alleged role in hush-money payments made
to an adult film star to cover up an affair—might be the weakest of all of
the investigations into
Trump and his orbit. It’s also not connected to the aspects of the former
President’s behavior that his detractors find most galling, such as his efforts
to overturn the 2020 election. Even Republican NeverTrumpers who are eager to
crown a new leader of their party fear that a case seen as less-than-rock-solid
could undermine future, potentially more damning ones.
Manhattan District Attorney Alvin Bragg is widely expected
to be preparing an indictment of Trump on a felony for bookkeeping fraud, a
charge based on his companies’ ledgers listing legal retainers which were
actually hush money about
an affair with Stormy Daniels. Prosecutors would have to prove that Trump
ordered his lieutenants to make the false entries with the express purpose to
defraud. To reach the felony threshold, those prosecutors would also have to
prove that Trump made those false entries to sanction another crime—a
potentially easy spot for Trump’s defense to discredit.
For most presidential candidates, even the whiff of legal or
ethical trouble would amount to a starting pistol for their opponents. In 2008,
on the eve of the New Hampshire primary, critics of Hillary Clinton made sure
every reporter’s inbox had links to the local reporting on the arrest of an
unpaid adviser for drunken driving in Nashua. Four years later, Mitt Romney
never could shake the notion that he
was a heartless and ruthless corporate raider, no matter how hard he tried
to combat the
notion.
As TIME’s Brian Bennett reports, Trump’s
legal team actually thinks an indictment could
prove helpful for
Trump’s return to power, or at least his chase of the GOP nomination for a
third time. And here’s the harsh truth: they aren’t entirely irrational. Trump
and his allies would not have much difficulty painting an indictment tied to
his efforts to cover up a decade-old affair as a “political witch hunt.” Such a
framing fits nicely with the perpetual grievance machine
that Trump has created, so much so that it could even help his standing with
the base (although the outlook gets cloudier when it comes to a general election
between him and the likely Democratic nominee, President Joe Biden).
To whip up his supporters, Trump on Saturday asserted—without
evidence—that he would be arrested this Tuesday: “PROTEST, TAKE OUR NATION
BACK!" he posted on his social media platform in an echo of his promotion
of the Jan. 6, 2021, rally that turned into a deadly riot.
Trump saw his enviably steady poll
standing bump up after
raids of his private home in Florida. If Trump’s first indictment comes
out of New York—a venue seen as a reliably favorable to Democrats—and is
received cautiously even by some liberals, what are the odds of anyone paying
attention to ones based on his attempt to
keep the presidency through cajoling Georgia
election officials, or what the Department of Justice here in D.C. might do
with a House committee’s recommendations for
his role around the Jan. 6 mob? Plenty of risk lies in wait.
All of which lays out how, once again, the laws of political
gravity seldom apply to Trump, a man who has consistently survived scandals
that would have crippled other figures. Even after two impeachments, a
national electoral loss, a
failed attempt to
undo that loss on Jan. 6, and a pile of stories about missing classified documents, Trump
has the backing of
two-thirds of Republicans and independent voters who lean that way, according
to recent polls.
Those facts alone help explain why many of his would-be
rivals quickly stepped up to defend the ex-President.
There will have to be a moment to directly challenge Trump
if any of his roughly two dozen aspirational challengers have a chance to deny
him the nomination. Former New Jersey Gov. Chris Christie was blunt when
asked about the threat: “Look at the end, being indicted never helps anybody.”
While Republicans are weary of his style, they are telling pollsters
they want someone who shares their worldview more than someone who can beat
Biden. And given that 84% of them are saying Biden
wasn’t legitimately elected in 2020 and 56% saying there is solid evidence of
this, Trumpism clearly has taken hold. (Neither statement is
true.) Seeing Trump in handcuffs would
only boost that sense of being wronged. And it may compel Trump’s most viable
challengers to treat him with empathy and solidarity if they ever hope to
someday entice voters to plant non-Trump yard signs and buy non-MAGA swag down
the line.
The only question their strategists have to mull at the
moment is what—if anything—can break the Trump fever inside the current GOP?
Maybe not even a mugshot can do it right now.
TUESDAY
ATTACHMENT
SIX – From CNBC
PORN STAR STORMY DANIELS SAYS SHE’LL ‘DANCE DOWN THE
STREET’ IF TRUMP GOES TO JAIL
By Dan Mangan PUBLISHED TUE, MAR 21 202311:40 AM EDTUPDATED
6 HOURS AGO
Porn star Stormy Daniels said that she will “dance down the
street” if former President Donald Trump goes to jail over a hush money payment
to her from his personal lawyer.
Daniels made that vow on Twitter after a Trump fan tweeted
an abusive message.
Trump has said he expects to be charged with a crime by a
New York City grand jury related to the payment to Daniels by Michael Cohen
before the 2016 presidential election.
Investigators from the office of Manhattan District Attorney
Alvin Bragg spoke to Daniels via Zoom last week.
Porn star Stormy Daniels said Tuesday that she will
“dance down the street” if former President Donald
Trump goes to jail over a 2016 hush money payment that his ex-personal
lawyer made to her.
Daniels, who has a history of sharp Twitter posts about
Trump, made that promise in response to a fan of the real-estate mogul who
tweeted an abusive message at her. The exchange came on the same day that Trump
has predicted he will be criminally charged in the case by a New York City grand jury.
“A disgusting degenerate prostitute accepts money to Frame
an innocent man!,” wrote Twitter user Intergalactic Gurl. “Good luck walking
down the streets after this! @realDonaldTrump is our #POTUS and will be
selected by a landslide in 2024!”
Daniels shot back: “Sooo ... tiny paid me to frame himself?”
“You sound even dumber than he does during his illiterate
ramblings,” Daniels added.
“And I won’t walk, I’ll dance down the street when he is ‘selected’
to go to jail,” she wrote.
Daniels has already seen Trump’s former attorney and fixer
Michael Cohen go to federal prison for crimes that included a campaign finance
violation related to his $130,000 payment to her shortly before Election Day
2016.
Read more of CNBC’s politics
coverage:
·
@Trump is ‘sad’ not ‘scared,’ his lawyer says of looming
indictment threat
·
Junk fees cost consumers tens of billions annually,
according to the White House
·
Porn star Stormy Daniels says she’ll ‘dance down the
street’ if Trump goes to jail
·
@Trump grand jury live updates: Waiting game on looming
indictment in porn star Stormy Daniels payoff
·
Biden signs legislation to declassify certain
intelligence on Covid pandemic origins
·
Republicans request Fed and FDIC oversight records for
failed Silicon Valley Bank and Signature Bank
·
Biden issues his first veto, nixing measure blocking new
investment rule
·
@Trump rape defamation trial postponed, judge rejects E.
Jean Carroll cases consolidation
·
JPMorgan Chase can be sued by Virgin Islands over Jeffrey
Epstein sex trafficking claims
·
@Trump seeks to block Georgia election interference
criminal charges
·
Florida Gov. DeSantis attacks Manhattan DA over possible
Trump charges
·
@Trump grand jury live updates: Expected indictment in
payoff to porn star Stormy Daniels
·
Abortion pill fight: Read the transcript of Texas court
hearing on fate of mifepristone
Cohen has said he gave that money to Daniels to buy the
actress’s silence about her account that she had sex with Trump one day in
2006, months after his wife, Melania, gave birth to their son Barron.
That payment, and a second one made to another alleged Trump
paramour by the publisher of The National Enquirer, were made to prevent the
claims from harming Trump’s chances of defeating Democratic presidential
nominee Hillary Clinton, Cohen has admitted.
Cohen met 20 times with investigators from the Manhattan
District Attorney’s office over the years, including several sessions when he
was locked up in prison. Last week, he testified over two days before the grand
jury.
Former Enquirer Publisher David Pecker was spotted going
into the building where the grand jury was meeting weeks ago.
Daniels spoke to prosecutors via Zoom last week.
Trump denies having sex with Daniels or with his alleged
former mistress, Playboy model Karen McDougal. She received $150,000 from
Pecker’s former company.
But the Trump Organization reimbursed Cohen for paying
Daniels and logged the payment in business records as legal expenses.
Misclassification of business expenses is a misdemeanor
under New York law. But it can be charged as a felony if the misstatement was
done to cover up another crime.
In this case, Manhattan DA Alvin Bragg is believed to be on
the verge of prosecuting Trump for a felony, with the claim that the underlying
crime was covering up a campaign finance violation.
ATTACHMENT
SEVEN – From CNN
HOUSE GOP
USES ITS NEW POWER IN EXTRAORDINARY EFFORT TO SHIELD TRUMP FROM INDICTMENT
Analysis by Stephen
Collinson, CNN Updated 10:47 AM EDT, Tue
March 21, 2023
Donald Trump’s Republican allies in the House are
doing what the former president taught them to do – use government power to try
to keep his legal threats at bay.
After Trump warned he could be arrested,
his allies have been using their new House majority to demand Manhattan District Attorney
Alvin Bragg’s testimony and seek to thwart his investigation
relating to an alleged hush money
payment to an adult film star before the 2016 election. It
looks like an extraordinary attempt to influence an open grand jury
investigation.
In fact, the House GOP appears to
be using the exact same tactic they accuse the Biden administration, Bragg and
any other investigators on Trump’s trail of employing – weaponizing the powers
of government to advance a partisan political end.
Yet there are also sufficient
doubts about a possible prosecution assembled by Bragg – and the unusual nature
of potential charges relating to business and electoral law violations – to
fuel questions from nonpartisan legal experts about the case perhaps not living
up to its billing. This is an especially fateful issue given the gravity of any
potential case against a former president.
Trump’s calls for protests,
meanwhile, have authorities on edge in
New York, where security cameras and barricades have been erected, and in
Washington amid painful flashbacks to his incitement of violence to further his
personal and political ends on January 6, 2021.
Then there is the growing circus
atmosphere around this drama, which was fueled by Trump’s weekend prediction
that he’d be arrested on Tuesday. A source close to Trump’s legal team told CNN
on Monday that they do not have any guidance on the timing of a potential
indictment beyond that they been told by the DA that nothing is expected
Tuesday. While an indictment could happen as soon as this week, it is more
likely that any potential court appearance by the former president would not
occur before next week, a senior law enforcement official familiar with the
ongoing discussions about security told CNN. Such a scenario would only allow
tensions to reach a boiling point at a moment when the impression has returned
that politics revolves around Trump in a wild vortex.
On Monday, for instance, there was
intense scrutiny around a courthouse in New York where one witness delivered
testimony that might have been potentially helpful to Trump. And an ugly spat
broke out between Trump and his potential top rival in the GOP nominating race,
Ron DeSantis. The Florida governor took a
jab at his one-time mentor by suggesting he didn’t know
anything about “paying hush money to a porn star to secure silence over some
type of alleged affair,” while also condemning what he said were political
prosecutions. Trump responded with a vicious counter-attack full of
unsubstantiated innuendo about his rival’s private life, which previewed a
potentially nasty GOP primary campaign and hinted at the ex-president’s fury
over what he sees as disloyalty from DeSantis.
Hanging over everything is the
mind-bending possibility that, for the first time ever, a former president
could be indicted. And because he’s running for the White House again, any
indictment almost certainly means yet another US election will be tarnished by
his claims of plots against him and his followers.
House
Republicans advance Trump’s playbook
The strategy of House Republicans
is familiar. Trump has long launched fierce and preemptive attacks on
institutions, in government or the law, that seek to hold him to account as
he’s tried to blur clarity about his conduct or culpability and ignite a
political storm that taints their conclusions in advance.
But with their campaign against
Bragg, House Republicans are taking Trump’s method a step further.
“It’s a political play,” House
Speaker Kevin McCarthy, whose job may depend on Trump’s continued political
patronage, said on Monday, insisting that it was perfectly acceptable for the
ex-president’s allies to publicly lambast a prosecutor as he conducts his work.
Or as the California Republican put it, House committees have the right to ask
questions.
One of the key principles that
could be at play in any indictment is the idea that everyone, even a former
president, is equal under the law. But any prosecution would also have to rebut
arguments that Trump was being targeted simply because of who he is and was
therefore not getting fair treatment. McCarthy tried to move the debate over
the case onto this ground in an exchange with CNN’s Manu Raju on Tuesday.
“I do get concerned when I look
out there, and I see justice not being equal to others, especially in the
history of where we are,” he said. “And the tough part is with a local DA
playing in presidential politics, if that starts right there, don’t you think
it’ll happen across the country?”
Bottom of Form
But the use of government power to
advance political ends appears to mirror exactly the behavior Republicans, in
their new subcommittee on the weaponization of the federal government, are
accusing the FBI, the Justice Department and other government agencies of.
House Judiciary Chairman Jim
Jordan warned of the Manhattan investigation: “It’s obvious that this is a
sham, and something that we want to know – were federal funds involved?” The
Ohio Republican also told CNN’s Manu Raju: “We don’t think President Trump
broke the law at all.”
Jordan and two other House
chairmen demanded testimony from Bragg and accused him of an “unprecedented
abuse of prosecutorial authority.”
But Bragg’s spokesperson insisted:
“We will not be intimidated by attempts to undermine the justice process, nor
will we let baseless accusations deter us from fairly applying the law.” The
spokeperson’s statement also rebutted Republican claims that Bragg has ignored
violent crime in New York in his zeal to find a pretext to prosecute Trump in
order to fulfill a political vendetta.
Republicans, along with every
other American, do not know exactly what the evidence against Trump might be other
than hints contained in media accounts and a previous case involving his
ex-lawyer – Michael Cohen, a pivotal witness in the current matter – who was
previously sent to jail for
for tax fraud, making false statements to Congress
and violating campaign finance laws.
In an ideal world, someone who is
indicted, as Trump could be in the coming days, has the opportunity to disprove
a case they say is unfair and not supported by the evidence. But Trump and his
allies are not waiting for that moment, and in the process, are offering a
preview of the months of deepening political turmoil that a prosecution could
entail – not just in Manhattan but in multiple other investigations against
him. Those probes into his role in the run up to the Capitol insurrection, his
attempt to overturn the result of the 2020 election in Georgia and his handling
of classified documents could have far greater constitutional implications than
the Bragg case.
CNN reported on Monday, for
instance, that Atlanta-area prosecutors are considering bringing racketeering
and conspiracy charges in connection with Trump’s election stealing effort in
the Peach State, citing a source with knowledge of the investigation.
Their work, the source said,
underscores the belief that the push to help Trump was not just a grassroots
effort that originated inside the state.
Concerns
about a potential case
The Republican assault on efforts
to hold Trump accountable is a throwback to the constantly shattered norms and
conventions that were a daily drumbeat when the twice-impeached Trump was in
office.
Yet a feeling of uncertainty is
also being exacerbated by a potential case against him that some legal experts
warn is far from a sure-fire winner in court. The consequences of a failed
prosecution against a former president would be profound and may deepen the
country’s political polarization. Such a miss would also certainly be used by
Trump and his allies to further the conceit that every attempt to hold him
responsible for his outlandish behavior is nakedly partisan and unjustified.
Some legal experts have raised
concerns about why a previous prosecutor did not choose to pursue the case
against Trump over an alleged $130,000 payment to adult film star Stormy
Daniels, and have pointed to the fact that the matter stems from an election
that is now more than six years past.
“My big question in the New York
case is what has changed?” CNN legal analyst Carrie Cordero told Wolf Blitzer
on the “Situation Room” on Monday. “The facts of this case, going on almost
seven years now, are really stale. And so the big question that I have with
respect to New York is what has changed more recently in the past year or so
that has gotten it to this point?”
The possible theory of a case
against Trump is also causing some concerns to onlookers outside the bubble of
the grand jury and DA’s office. The ex-president could be charged with a
misdemeanor over allegedly improper classification in business records of a
payment to Daniels, although hush money payments themselves aren’t illegal. The
charges could rise to a felony if it could be proven that Trump tried to cover
up the payment in order to commit another crime, which in this case could be a
violation of campaign finance laws. Trump has previously denied knowledge of
the payment.
This is a complicated legal
narrative that might convince a jury but could also be a tricky sell in the
wider fight for public opinion in such a highly political case.
Another potential question about
the credibility of a possible prosecution is the extent to which it would rely
on Trump’s former lawyer, Michael Cohen, who was a central player in the Daniels
matter but has a long record of falsehoods.
In a new wrinkle in the grand
jury’s apparent endgame on Monday, Robert Costello,
an attorney who has previously represented Trump allies like Steve Bannon and
Rudy Giuliani, testified before for nearly three hours after appearing at the
request of Trump’s legal team.
Costello was expected to offer
evidence that contradicts testimony provided by Cohen, who admitted to paying
$130,000 to Daniels to stop her from going public about an alleged affair with
the former president. Trump has denied the affair.
“I’ve listened to Michael Cohen
stand in front of the courthouse and say things that are directly contrary to
what he said to us,” Costello said after an appearance that led some experts to
question whether his testimony could influence any grand jury vote on a
possible indictment.
The idea that a case would be made
solely on Cohen’s word, without considerable corroborating evidence, seems
unlikely. But there is much about this grave matter that the rest of the
country doesn’t yet understand.
That is not, however, quelling the
storm that has accompanied Trump’s return to political center stage, which
could reach hurricane strength in the days ahead.
ATTACHMENT
EIGHT – From the Daily Beast
TRUMP LAWYER PREVIOUSLY CALLED STORMY DANIELS HUSH-MONEY SCHEME
‘ILLEGAL’
‘IT’S FRAUD’
Tacopina, who now claims Trump didn’t
commit a crime, also once claimed the arrangement was a “potential campaign
finance issue.”
Published Mar. 21,
2023 12:20PM ET
Ahead of Donald Trump’s potential
indictment in the Stormy Daniels hush-money case, the former
president’s attorney Joe Tacopina has been all over the airwaves declaring that
Trump’s actions were “not
a crime.”
However, back in 2018, when
Trump’s ex-lawyer Michael Cohen was
staring down charges for arranging the $130,000 payment to keep
Daniels quiet about an alleged affair ahead of the 2016 election, Tacopina
claimed the arrangement was “illegal” and a possible “campaign finance issue”
for the ex-president.
“For any prosecutor to say that doesn’t make
sense, that a lawyer took out a home equity loan with his own money, paid
somebody that he didn’t even know on behalf of a client who, by the way, had
the wherewithal and the money to afford $130,000,” Tacopina said during a March
2018 appearance on CNN. “And, by the way, didn’t tell the client about the
settlement agreement. It’s an illegal agreement. It’s a fraud, if that’s, in
fact, the case.”
Acting as a legal expert on a CNN
panel, Tacopina added that Team Trump’s claims at the time that Cohen arranged
for this payment on his own “doesn’t pass the straight-face test” and that it
represented a “potential campaign finance issue.” (A month later, Cohen pleaded
guilty to violating campaign finance law, saying he did so “at the
direction” of Trump.)
In a separate CNN appearance that
month, Tacopina twice said the
hush-payment arrangement to Daniels was “illegal.”
Beyond that, Tacopina may
have an ethics issue on his hands by representing Trump in this
specific case. Prior to Daniels hiring Michael Avenatti as her attorney, the
adult film star approached Tacopina to represent her—establishing an
attorney-client relationship at the time, even though she ultimately didn’t
hire him.
The Daily Beast has reached out to
Tacopina for comment and will update if he responds.
ATTACHMENT
NINE – From
the New York Times
HOW AN INDICTMENT AND ARREST OF DONALD TRUMP COULD UNFOLD
An indictment could be handed up
as soon as Wednesday, but much about how the process might play out remains
unknown.
By William
K. Rashbaum and Jonah
E. Bromwich March 21, 2023, 1:12 p.m. ET
A Manhattan grand jury could decide whether to indict Donald
J. Trump as early as Wednesday, potentially touching off a sequence of events
that could include the unprecedented sight of a former president in handcuffs.
But much about what comes next remains unclear. Prosecutors
have signaled that an indictment is likely,
but it is not a certainty. Before Mr. Trump can be charged, the Manhattan
district attorney, Alvin L. Bragg, must ask the grand jury that has been
hearing evidence about the former president to vote on whether to charge him. A
majority of jurors must agree to do so.
The timing of any potential indictment, arrest and
arraignment is unknown, and likely to remain so after a vote is conducted.
The investigation, conducted by Mr. Bragg’s office, has been focused on Mr. Trump’s involvement in
the payment of hush money to a porn star during the final days of the 2016
presidential campaign.
Here’s what we know and don’t know about the course of the
investigation and what might happen in the days ahead.
The Looming Indictment of Donald
Trump
·
An
Unprecedented Event: If Donald Trump is
indicted by a Manhattan grand jury, this week will be unlike any other in
American political history. Here’s what to know.
·
Preparing
for an Arrest: Ahead of the likely
indictment, New York officials are making security plans as
some of Trump’s supporters signal that they intend to protest.
·
G.O.P.
Braces: Gov. Ron DeSantis of
Florida broke his silence about Trump’s
expected indictment, as Republicans weighed whether to heed the former president’s call to protest and
Trump’s allies on Capitol Hill rallied around him.
·
2024
Campaign: Trump strengthened his
political position in recent weeks, but an impetuous response to his potential
indictment could alienate voters he will need
to win back the White House.
When might Mr. Trump be indicted?
The special grand jury that has been hearing testimony meets
three afternoons a week, on Mondays, Wednesdays and Thursdays. At least one
more witness could be called before jurors are asked to vote, according to
people familiar with the matter.
Once all the witnesses have testified, prosecutors must
explain the criminal charges they are seeking to the jury of 23 Manhattan
residents before asking them to vote. The earliest that could happen is
Wednesday afternoon. A simple majority is all that is required to hand up an
indictment.
How soon could Mr. Trump be
arrested?
If Mr. Trump is indicted, prosecutors would most likely work
with his legal team to arrange his surrender in Manhattan. Within several days
of his indictment, Mr. Trump, who lives at his Mar-a-Lago resort in Florida,
would travel to the city and turn himself in at the district attorney’s office
in Lower Manhattan. Hours later, he would be arraigned in a courtroom in the
same building.
Any indictment of Mr. Trump would almost certainly be
sealed, and the charges would be kept secret from the public after the grand
jurors vote. The unsealing of the indictment — and a public announcement of the
charges against him — would coincide with his surrender and arraignment.
However, there is some chance that Mr. Trump does not
surrender — there have been differing reports on that possibility — which could
kick off a more complex scenario.
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Might Mr. Trump avoid indictment
entirely?
Mr. Trump’s lawyers have met with prosecutors in hopes of warding
off criminal charges, and while it is unlikely, there is a faint possibility
that Mr. Bragg will opt not to seek an indictment (or that he will seek one and
grand jurors will vote to reject it).
But prosecutors have broad discretion during grand jury
proceedings and the defense has almost no role. Every available signal has
suggested that an indictment is imminent.
What might the charges be?
While it is clear that Manhattan prosecutors have been
investigating the role Mr. Trump played in a hush-money payment to the porn
star, Stormy Daniels, the specific criminal charges prosecutors could seek are
unknown — and will probably remain so even after he is indicted.
People with knowledge of the matter have suggested the
charges would stem from the falsification of business records that recorded
reimbursements to Michael Cohen — Mr. Trump’s former lawyer and fixer and the
prosecution’s star witness — as legal fees. Such a charge, combined with a
second crime involving illegal campaign contributions, could rise to a
low-level felony.
How do you arrest a
former president?
Some of the routine steps that follow any felony arrest in
New York would apply to the former president as they would to anyone else: He
would be photographed and fingerprinted, and read a standard Miranda warning
offering him the right to remain silent.
But because of Mr. Trump’s status as a former president —
and his ’round-the-clock Secret Service detail — prosecutors are likely to make
some accommodations. He could be held in an interview room instead of a cell;
the investigators who process his arrest may forego handcuffs.
Law enforcement agencies around New York have also had
discussions about how to prepare for the prospect of protests, which Mr. Trump
called for explicitly on his social media site, Truth Social, over the weekend.
A protest in Manhattan on Monday evening was sparsely attended.
Will Mr. Trump be held in jail?
Because of the nature of the potential charges against Mr.
Trump, the law does not allow prosecutors to seek to have him held on bail. And
as a leading presidential candidate, he is far from a flight risk.
Mr. Trump will almost certainly be released shortly after he
is arraigned.
What happens after that?
Once Mr. Trump has been charged, the case against him will
probably be mired in protracted litigation. Should the matter eventually
make it to trial, it could conceivably play out in the run-up to the 2024
presidential election — with Mr. Trump, the defendant, in the thick of his
campaign.
ATTACHMENT
TEN – From News Nation
TRUMP INDICTMENT: GRAND JURY VOTE EXPECTED WEDNESDAY
·
Trump is
facing possible criminal charges related to "hush money" payments
·
The former president has called for protests if he
is indicted
·
Former Trump fixer Michael Cohen has been a key
witness in the case
By Taylor Delandro Updated: MAR 21, 2023 / 02:14
PM CDT
NEW YORK (NewsNation) — The Manhattan grand
jury will not vote Tuesday on whether to indict former President Donald Trump
over hush-money payments made on his behalf during his 2016 presidential
campaign, sources told NewsNation.
The jury expects to vote
Wednesday, sources said.
Over the weekend, Trump claimed,
without any evidence, on his Truth Social platform that he expected to be arrested
on Tuesday, and exhorted followers to protest. His representatives later said
he was citing media reports and leaks.
Who is Alvin Bragg,
DA leading Trump hush money investigation
Previously, there was no
indication that prediction would come true, though the grand jury appeared to
take an important step forward by hearing Monday from a witness favorable
to Trump, presumably so prosecutors could ensure the panel had a chance to
consider any testimony that could be remotely seen as exculpatory.
The next steps in a grand jury
process shrouded in secrecy remained unclear, and it was uncertain if
additional witnesses might be summoned. The 23 members of the grand jury will
vote on whether to indict Trump, but only 12 have to believe it’s likely a
crime was committed to indict the former president.
For prosecutors, the bar for
deciding to move forward may be set even higher, given the high-profile nature
of the case.
“They have to have enough evidence
to prove beyond a reasonable doubt, because the last thing you want to do,
especially in a high profile case like this, is to indict and not have enough
evidence going forward,” former New Jersey Superior Court Judge Andrew
Napolitano told NewsNation’s Marni Hughes.
The testimony from Robert
Costello, a lawyer with close ties to numerous key Trump aides, appeared to be
a final opportunity for allies of the former president to steer the grand jury
away from an indictment. He was invited by prosecutors to appear after saying
that he had information to undercut the credibility of Michael Cohen, a former
lawyer and fixer for Trump who later turned against him and then became a key
witness in the Manhattan district attorney’s investigation.
Costello had provided Cohen legal
services several years ago after Cohen himself became entangled in the federal
investigation into the hush money payments. In a news conference after his
grand jury appearance, Costello told reporters that he had come forward because
he did not believe Cohen, who pleaded guilty to federal crimes and served time
in prison, could be trusted.
The grand jury has
been probing Trump’s involvement in a $130,000 payment made in 2016 to the
porn actor Stormy Daniels to keep her from going public about a sexual
encounter she said she had with him years earlier. Trump’s lawyer Michael Cohen
paid Daniels, whose real name is Stephanie Clifford, through a shell company
before being reimbursed by Trump, whose company, the Trump Organization, logged
the reimbursements as legal expenses.
Manhattan District Attorney Alvin Bragg’s
team appears to be looking at whether Trump or anyone committed crimes in New
York state in arranging the payments, or in the way they accounted for them
internally at the Trump Organization.
Trump denies any wrongdoing and
has slammed the Manhattan District Attorney’s Office probe as politically
motivated.
Trump indictment?
Voters divided ahead of 2024 bid
Republicans have also blasted the
indictment as “politically motivated” and an “abuse of power.” Democrats have
also slightly pushed back on this issue.
“There is no possible way to have
united the Republican Party and even united a lot of Democrats in the way that
Alvin Bragg has, not necessarily in support of Donald Trump, but in anger over
how the justice system is being used, in what certainly appears to be a very
politically motivated prosecution,” said NewsNation’s Leland Vittert.
He continued, “It’s gonna be very
difficult for Alvin Bragg to say something other than a politically motivated
prosecution when he used to brag about going after Donald Trump so often. So
how is this not going after Donald Trump, specifically.”
Mark Smith, a former Trump
transition team member and a constitutional attorney, told NewsNation that it
might be “difficult” for Trump to get a fair trial in Manhattan.
“I do think it might be very difficult
for Donald Trump to get a fair hearing in the county of Manhattan given it’s so
overwhelming blue and anti-Trump. I think it would be very difficult, I’m not
saying it’s impossible,” Smith said.
An indictment of Trump, who
is seeking the
White House again in 2024, would be an unprecedented moment in
American history, the first criminal case against a former U.S. president.
Law enforcement officials
are bracing for
protests and the possibility of violence after
Trump called on his supporters to protest ahead of a possible indictment.
Some small demonstrations have taken place in New York, but the New York Police
Department said there were no credible threats to the city at this time.
This is a breaking news story;
refresh for updates.
The Associated Press
contributed to this report.
ATTACHMENT
ELEVEN – From Fox News
TRUMP
SUPPORTERS FLOCK TO MAR-A-LAGO AHEAD OF POSSIBLE INDICTMENT
Crowds of Trump supporters rally
outside Mar-a-Lago in Palm Beach, Florida
Published March
21, 2023 3:01pm EDT
Supporters of former President Donald Trump began flocking to his
Florida residence at Mar-a-Lago Tuesday ahead of his possible indictment.
Crowds of some of Trump's most ardent
supporters wore cowboy hats, American flag suits and pro-Trump gear while
gathering along the Palm Beach, Fla., road leading to Mar-a-Lago Tuesday. Many
held signs with messages, including, "I Stand With Pres. Donald J.
Trump," "Drain the Swamp Vote Trump 2024" and "Trump Won.
Democrats Cheat."
The Town of Palm Beach issued
notices warning of expected increased congestion around the traffic circle at
the Bath & Tennis Court from 11 a.m. to 5 p.m. Tuesday.
The Orlando Sun-Sentinel reported
that Trump's plane with his name on the side was at Palm Beach International
Airport at noon Tuesday, indicating he may remain in South
Florida.
In New York, a Manhattan grand jury
is weighing whether to indict Trump over hush-money payments made to porn
actress Stormy Daniels on his behalf during his 2016 presidential campaign.
Trump sounded the alarm in a Truth Social post Saturday that he could be
arrested as soon as Tuesday as part of Manhattan District Attorney Alvin
Bragg's probe.
But a law enforcement source told
Fox News an indictment is not expected until next week to
allow time to bring in more police, put up barriers and put lights up with
generators.
House Judiciary Committee Chairman
Jim Jordan, R-Ohio, and the other top Republicans on the Administration and
Oversight committees on Monday sent a letter to Bragg demanding that he turn
over documents related to his Trump investigation and testify before Congress
after reports said Trump could face an indictment this week.
In response Tuesday, Bragg's office
said it would "not be intimidated by attempts to undermine the justice
process, nor will we let baseless accusations deter us from fairly applying the
law."
"In every prosecution, we
follow the law without fear or favor to uncover the truth. Our skilled, honest
and dedicated lawyers remain hard at work," the spokesperson told Fox News
Digital.
In an online video presentation
Monday night, Roger Stone, of
Fort Lauderdale, told pro-Trump crowds, "It is vitally important that you
keep it peaceful, you keep it civil, you keep it orderly and you keep it legal.
The left would like to trick us into overreaction and violence and lawlessness,
so they can blame President Trump, and so they can scoop up America First
leaders.
"They would love to entrap or
entice or goad American patriots into violence or some other inappropriate act
so that they can blame President Trump," Stone, who was pardoned by Trump
after being convicted of lying to Congress, added, according to the Sentinel.
"Do not take the bait folks."
CBS News reported, citing sources,
that Trump remains huddled at Mar-a-Lago Tuesday
with senior advisers awaiting possible news from New York City.
ATTACHMENT
TWELVE – From Politico
EVERYTHING YOU
SHOULD KNOW ABOUT THE POTENTIAL TRUMP INDICTMENT
Is Trump definitely going to be
indicted? What does the grand jury vote entail? Will his mug shot be taken?
By ERICA ORDEN 03/21/2023 03:44 PM EDT
NEW YORK — With Donald Trump
expected to be indicted in the coming days, his supporters, critics, New York
law enforcement officials and a variety of other constituencies await the
history-making spectacle of seeing criminal charges brought against a former
president for the first time.
In many ways, the mechanics of
indicting Trump are likely to be the same as they would be for any other
defendant charged by Manhattan District Attorney Alvin Bragg. In other ways,
they may be quite different largely due to the fact that Trump enjoys the protection
of the U.S. Secret Service and draws supporters who’ve resorted to violence in
the past.
Here is how the expected
indictment of Trump is likely to unfold — although, as with most things related
to the former president, expect the unexpected.
Is Trump
definitely going to be indicted?
No, but it appears very likely.
The Manhattan district attorney’s office has brought numerous witnesses
before the grand jury and offered Trump a chance to go before
the grand jury, an indication that the office will seek to indict him. Though
it is possible for the grand jury to vote against charging him, grand juries
rarely decline to indict. And if the district attorney’s office thought they
were in danger of the grand jury voting “no,” prosecutors likely would have
paused the proceedings.
What does the
grand jury vote entail?
After prosecutors finish
presenting witnesses, an assistant district attorney will tell the 23-person
grand jury which charges they will be considering and will read them the text
of the law. The grand jury will then leave to discuss the case and vote on it.
An indictment requires 12 or more jurors to vote yes. If that happens, the vote
will be recorded on a form and signed, then taken by someone from the district
attorney’s office to either the clerk’s office or to the office of the judge
who is overseeing the grand jury. It will be placed into an envelope, sealed
and stamped by a clerk.
How will we
know if and when Trump is indicted?
Once the indictment is stamped,
the district attorney’s office will notify an attorney for Trump that he has
been indicted. At this point, Trump is free to make this information public.
Will he be
arrested? Will his mug shot be taken? When will he appear in court?
Because the case is white-collar,
the district attorney’s office will ask Trump’s attorney when he plans to come
to New York to be arraigned. The law doesn’t require a defendant to turn
himself in within a specific timeframe, so the timing here is flexible.
Whenever he comes to New York, he and his attorney will report to the district
attorney’s office where Trump will be arrested and booked, which means he’ll be
finger-printed and have his mug shot taken. He may also get a DNA swab. It is
unclear how his Secret Service protection may affect this process.
He’ll then be taken to a judge,
where the district attorney’s office will ask for the indictment to be
unsealed. It is possible that he’ll be handcuffed when he is transported from
the district attorney’s office to court — a short walk away within the same
building.
At this point, he’ll be arraigned,
which means he’ll have to enter a plea of guilty or not guilty. And then he’ll
be released, because the charges he is likely to face are non-bailable.
What happens
next?
The judge will set a date for his
next court appearance, usually for the defense and prosecution to discuss
additional steps as well as a potential discussion about the discovery process.
After his initial court
appearance, Trump will most likely be able to return to his Florida home, or
wherever he chooses.
And how far
will House Republicans take their Bragg investigation?
House Republicans followed through
with a pledge to investigate Bragg
over claims of a politicized judicial process — but the probe is still in its
infancy. Reps. Jim Jordan (R-Ohio), James Comer (R-Ky.)
and Bryan Steil (R-Wis.) — the chairs of the Judiciary, Oversight and
Administration committees — fired off a letter to Bragg accusing him of
“actions [that] will erode confidence in the evenhanded application of justice
and unalterably interfere in the course of the 2024 presidential election” if
Trump is indicted. (A DA spokesperson responded saying they wouldn’t be
“intimidated by attempts to undermine the justice process.”)
Republicans are giving Bragg until
10:00 a.m. Thursday to set up an interview with committee staff. They also want
a tranche of documents and records, including any related to federal funding or
communications with the Justice Department and other federal law enforcement
agencies.
Those requests are, for now,
voluntary, and the letter doesn’t include a mention of a “compulsory” process
if Bragg doesn’t comply. In other words, no subpoenas.
ATTACHMENT
THIRTEEN – From The Hill
MCCARTHY BRUSHES OFF TRUMP’S PAYMENT TO STORMY DANIELS AS ‘PERSONAL
MONEY’
BY MYCHAEL SCHNELL - 03/21/23 3:46 PM ET
Speaker Kevin McCarthy (R-Calif.) on Tuesday said
former President Trump’s payment to adult film star Stormy Daniels in 2016 involved “personal
money,” an apparent attempt to minimize the Manhattan District Attorney’s investigation
into the matter after Trump said he expects to be arrested this week.
McCarthy’s comments came during a
press conference on legislative priorities at the House GOP’s annual issues
retreat in Orlando. The New York prosecutor is looking into Trump’s role in
directing hush money payments in the lead up to the 2016 election.
“This was personal money,”
McCarthy told reporters when he was asked if he has concerns with the
allegations Trump is facing in Manhattan.
“This was seven years ago, statute
of limitation. And I think in your heart of hearts you know too, that you think
this is just political. And I think that’s what the rest of the country thinks.
And we’re kind of tired of that,” he added.
Trump set off a political
firestorm over the weekend when he suggested, in a Truth Social post, that he
would be arrested on Tuesday in connection to the Manhattan District Attorney’s
investigation. Trump also called on his followers to “PROTEST” and “TAKE OUR
NATION BACK.”
Manhattan District Attorney Alvin Bragg (D) signaled earlier this month that
Trump may face criminal charges as part of his probe when the office offered
the former president the chance to testify before a grand jury.
Bragg has not yet made an official
decision when it comes to charging Trump in the case. New York’s statute of
limitations is five years for most felonies or two years for misdemeanors, but
that timeline can be extended if the defendant has lived out of state — as
Trump did when he was in the White House.
McCarthy on Tuesday sought to draw
a similarity between Trump’s case and the Federal Election Commission (FEC)
investigation into Hillary Clinton’s 2016 presidential campaign and the
Democratic National Committee (DNC). In March 2022, the Clinton campaign and
DNC agreed to pay thousands
of dollars in fines after they did not properly report the funds used on research
for the Steele Dossier.
Clinton’s campaign reported
$175,000 it spent on research for the dossier as “legal services.” The campaign
hired law firm Perkins Coie, which then recruited research group Fusion GPS,
which brought on retired British spy Christopher Steele.
“They went through and they got
investigated,” McCarthy said of Clinton’s campaign and the DNC, adding “and you
know what, at the end of the day, they didn’t get prosecuted, they got fined.”
“They knowingly hid the fact of
what they were doing to try to hide. They got investigated. So I look [at] it
from this perspective: we live in America and it should be equal justice,” he
added.
At another point of the press
conference McCarthy told reporters “I do get concerned when I look out there and
I see justice not being equal to others, especially in the history of where we
are.”
“A local DA playing in
presidential politics. If that starts right there don’t you think it’ll happen
across the country?” he added.
House Republicans are gathering
this week in Orlando for their annual issues retreat, which was meant to be an
event focused on the conference’s recent successes but has instead been overshadowed by Trump’s potential
indictment in Manhattan. The GOP lawmakers have largely
defended Trump while zeroing in on Bragg.
McCarthy on Tuesday, however,
rejected the notion that Trump has drowned out the conference, telling
reporters “it’s not here that we’re coming to defend President Trump; what
we’re coming to defend is equal justice in America and I think every American
believes in that.”
“What we see before us is not
equal justice,” he later added. “What we see before us is a political game
being played.”
ATTACHMENT
FOURTEEN – From NBC
Trump news live updates: N.Y. grand jury could render an indictment in
hush money case
Manhattan DA Alvin Bragg has been investigating
Trump in connection with a payment to porn star Stormy Daniels ahead of the
2016 election.
By NBC News Correspondents A
– M Updated March 21, 2023, 5:24
PM EDT
What to know
about a possible Trump indictment
·
Former
President Donald Trump is facing possible criminal charges in New York relating
to a hush money payment to porn star Stormy Daniels in 2016.
·
The possible
crime Manhattan District Attorney Alvin Bragg is investigating is whether Trump
falsified business records. The key witness before the grand jury has been
Michael Cohen, Trump's former attorney and fixer, who made the payments to
Daniels.
·
Trump
maintains he has committed no crime and his attorneys argue he was the victim
of extortion.
·
The
indictment of a former president would be a remarkable moment in the country’s
history in a proceeding with legal underpinnings that appears far from an
open-and-shut case. Read more on that here.
ATTACHMENT
FOURTEEN (A)
18m ago / 5:24 PM EDT
5 things to
look for in a possible Trump indictment
If — and this is still an if right
now — there’s an indictment of former President Donald Trump related to the
$130,000 hush money payment to Stormy Daniels, here are five legal questions to
look out for in the court papers:
14A-1:
What’s the legal hook? If
Manhattan prosecutors file charges against Trump for false record keeping — which he
denies — what is their hook to elevate what is normally a misdemeanor crime to
felony? New York law makes it a crime to falsify business records in order to
conceal or commit “another crime” — so what’s that second crime in this case?
14A-2:
Are there crimes unknown to the public? The false business records issue has now been
widely reported, but are there other charges the district attorney has up his
sleeve? The New York law on point also requires an “intent to defraud,” but who was defrauded
in this case? New York prosecutors have brought a number of past cases involving phony
business records, but those cases mostly involved an individual
submitting the fake records to a third party, like an insurer or tax
agency. Did Trump’s business records, listing the checks paid to
Cohen as “legal expenses,” ever see the light of day? If not, what’s the
prosecution’s theory about who was harmed?
15A-3:
Was there a conspiracy? Do prosecutors
believe Trump illegally acted in concert with others? Michael Cohen, Trump’s
former lawyer and fixer, was involved in making the $130,000 payment to
Daniels’ lawyer on the eve of the 2016 election, but do prosecutors believe
others broke the law?
14A-4:
Is Cohen vindicated? It
will be important to see how any indictment describes the additional evidence
that bolsters Cohen’s side of the story. At times, Trump’s attorneys have
suggested Cohen acted without Trump’s knowledge or blessing, or that Trump was
simply following his then-lawyer’s advice — but federal prosecutors said Cohen
“acted in coordination with and at the direction of”
Trump. What do the contemporaneous documents say?
14A-5 Is
it a “speaking” indictment? Sometimes prosecutors file a bare bones charging
document that doesn’t reveal much. In other cases, prosecutors paint a far more
vivid picture of their allegations (with detail that isn’t required to meet the
elements of the crime), known as a speaking indictment. What route do they take
here?
ATTACHMENT
FOURTEEN (B)
49m ago / 4:53 PM EDT
Michael
Cohen's lawyer asks him to stop going on TV
By Adam Reiss
Michael Cohen's lawyer Lanny Davis
has asked him to stop going on television as the nation waits for a possible
indictment based, at least in part, on his testimony.
"Given the sensitivity of the
time period I have advised Michael to not do any more TV appearances until
further notice," Davis said.
ATTACHMENT
FOURTEEN (C)
1h ago / 4:12 PM EDT
What happens
if Trump is indicted?
Laura Jarrett
In the usual case, the
prosecution’s office would instruct the grand jury on the charges and the law,
and then the jurors would vote. The grand jury is usually made up of 23 people,
and at least 16 who have heard the evidence need to be present to vote, but the
decision does not have to be unanimous.
If 12 members of the grand jury
vote to indict, then the prosecution would draft up an indictment and the jury
foreperson would sign it. The indictment gets filed under seal with the court,
so initially the public would not see it. Once the indictment is filed, the
prosecution team would typically reach out to the defense attorneys to
coordinate a time for the defendant to voluntarily surrender.
Despite Trump’s post on social
media Saturday suggesting that he would be arrested imminently, a Trump
spokesperson said that his attorneys have not been informed of any charges so
far.
If the case proceeds as other
high-profile cases have in the past, and if Trump turns himself in, he could be
processed someplace within the district attorney’s office, according to
sources familiar with the office.
That would normally include
paperwork, fingerprinting, a mug shot and a cross-check of any outstanding
criminal charges, which would all happen behind closed doors. Sometime soon thereafter
he would be arraigned on the charge (or charges) in court in front of a judge.
That would be public.
At that point, Trump or his
attorney on his behalf would enter a plea, and he would then be released with
another court date. Trump would not have to post bail given the nature of the
charges.
ATTACHMENT
FOURTEEN (D)
3h ago / 2:33 PM EDT
What crime is
the Manhattan DA investigating?
Laura Jarrett
Trump’s former lawyer and fixer
Michael Cohen paid porn star Stormy Daniels $130,000 just days before the 2016
election. In Cohen’s version of events, this was done at the direction of his
boss because Daniels was on the cusp of going public about an affair she
alleges she had with Trump in 2006.
Trump, while he was in the White
House, reimbursed Cohen, but has consistently denied the affair.
The payment, by itself, wouldn’t
be the crime, but how the payments were documented in the books of the Trump
Organization is the focus.
According to Mark Pomerantz, a
former prosecutor who worked closely on the case and recently published a book
about his experience, Cohen submitted phony invoices throughout 2017
referencing a “retainer agreement” and requesting payment. Then, Cohen received
a series of checks, hand-signed by Trump while he was in the White House. The
legal problem is there was no retainer agreement — according to Pomerantz, it
was all done to cover up the hush money scheme. The fake documentation of
“legal expenses” on the Trump Organization’s books could trigger a charge
under New York state law, which makes
falsifying business records a crime.
Normally, the false business
records charge would be a misdemeanor. In order to elevate it to a felony, the
defendant needs to have created the fake records with an intent to commit or
conceal “another crime.” Here, it’s unclear what the Manhattan District
Attorney’s Office plans to argue is the second crime. Some legal commentators have
suggested that perhaps the DA is only prosecuting the misdemeanor charge.
Others have argued that would be a huge waste of time and resources, and give
Trump the power to paint the case as weak.
If the grand jury doesn’t vote in
favor of prosecuting this case as a felony, it could direct the prosecutor to
file a misdemeanor case instead.
ATTACHMENT
FOURTEEN (E)
4h ago / 1:56 PM EDT
McCarthy
casts N.Y. case as 'political,' says Trump used 'personal money'
Kyle Stewart
House Speaker Kevin McCarthy,
addressing reporters in Orlando, Florida, on Tuesday, continued to defend Trump
ahead of a possible indictment. He rattled off a list of defenses: It was
"personal money," the statute of limitations and that Trump wasn't
trying to hide anything.
"And I think in your heart of
hearts, you know too, that you think this is just political," he said.
ATTACHMENT
FOURTEEN (F)
4h ago / 1:22 PM EDT
Could Trump
become the first ex-president to be arrested? Hold your horses ...
Rose Horowitch
Debates over whether former President
Donald Trump could become the first ex-president to be arrested hinge on a 1908
report of one president getting arrested about 35 years earlier for speeding —
in a horse-drawn carriage.
A 1908 article in the Washington
Evening Star detailed a policeman's account of arresting Ulysses S. Grant,
America's 18th president. The article says that Grant was arrested in 1872 and
taken to the station house on charges of speeding in his carriage.
Grant had a penchant for galloping
and was known to stir up trouble. He paid a $20 fine, but skipped out on his
court appearance, the article says.
But NBC News presidential
historian Michael Beschloss said he was skeptical of the story's sourcing, as
it was based on a single account from decades after the alleged arrest took
place.
"It’s always possible that
some irrefutable long-lost record may turn up that proves that some earlier
president was indicted or that Grant was definitely arrested in 1872," he
said. "But obviously we don’t have either of those things as of this
moment."
ATTACHMENT
FOURTEEN (G)
5h ago / 1:09 PM EDT
Beware of
AI-generated pictures of a fake Trump arrest
Jason Abbruzzese
If you're seeing pictures of an arrest
of Trump, greet them with a healthy dose of skepticism.
Plenty of fake pictures generated
by now-common artificial intelligence programs are floating around purporting
to show the former president getting arrested.
The proliferation of AI technology
that can generate hyperrealistic pictures based on simple text prompts has
opened the door for plenty of misleading images to circulate online. It can be
hard to tell the real ones from the fake
ones.
ATTACHMENT
FOURTEEN (H)
5h ago / 1:02 PM EDT
Stormy
Daniels says she'll 'dance down the street' if Trump were to go to jail
Rebecca Shabad
Adult film star Stormy Daniels said
Tuesday she would "dance down the street" if the former president
were indicted and sentenced to prison time.
Daniels, who is at the heart of
the New York grand jury's investigation into Trump, was retweeting someone who
claimed she accepted money to frame Trump.
"Sooo...tiny paid me to frame
himself? You sound even dumber than he does during his illiterate ramblings.
And I won’t walk, I’ll dance down the street when he is “selected” to go to
jail," she tweeted.
While the grand jury is expected
to make a decision in its probe soon, which could return an indictment for
Trump, prison time for the former president is highly unlikely.
Daniels claimed she had an affair
with Trump, which he has denied.
5h ago / 12:41 PM EDT
ATTACHMENT
FOURTEEN (I)
Trump
continues his criticism of Cohen
Ginger Gibson
Trump has continued to publicly
criticize his former lawyer Cohen, arguing the key witness who already went
before the grand jury shouldn't be believed.
"It is being said that
disbarred lawyer Michael Cohen was put out to dry today after his highly
respected former attorney and legal adviser, Robert Costello, made a great
impression not only on the D.A.’s Office, but the grand jury itself. He is
known to be a great lawyer and highly honorable man. He stated to the media
that he could no longer listen to the lies that Cohen was spreading. He told
the TRUTH, with papers, documents, and backup. He left ZERO doubt.THE D.A. WILL
DO THE RIGHT THING!"
TRUMP ON TRUTH SOCIAL
6h ago / 12:00 PM EDT
ATTACHMENT
FOURTEEN (J)
Experts:
Don't expect DeSantis to ride to Trump's rescue
Dareh Gregorian
Some on the far right have taken to social media calling
on Ron DeSantis to block Trump from getting extradited to New York if he
decides not to surrender on a possible criminal charge, but legal experts tell
NBC News there’s little to nothing that the Florida governor could do in that
unlikely event — even if he wanted to.
While interstate extradition
requests do have to go through governors’ offices, the U.S. Constitution gives
them little choice but to comply: “A Person charged in any State with Treason,
Felony, or other Crime, who shall flee from Justice, and be found in another
State, shall on Demand of the executive Authority of the State from which he
fled, be delivered up, to be removed to the State having Jurisdiction of the
Crime.”
New York defense lawyer Ron Kuby,
who was involved in a 1991 case seeking to block a person
accused of murder from being extradited from New York to Florida, recounted
that an appeals court quickly shut the door.
Governors can order reviews into
whether the paperwork is in order, which can slow the process down for a finite
period of time, but “they have absolutely no authority to stop extradition,” he
said.
Attorney Daniel Horwitz, a former
prosecutor in the Manhattan District Attorney’s Office, agreed. He called the
idea that DeSantis could block extradition “inane.”
The scenario is also unlikely
because the relationship between DeSantis and Trump appears to be at an all-time low. Asked
Monday if he’d play a role in Trump’s possible extradition, DeSantis said he is
“not going to be involved in
it in any way,” and Trump lawyer Joe Tacopina told NBC News last week that his
client plans to surrender if indicted.
The liberal Kuby predicted Trump
would want to come to court. “The show will be here. He’ll be the star,” he
said.
ATTACHMENT
FOURTEEN (K)
6h ago / 11:26 AM EDT
What has
Michael Cohen said under oath?
Vaughn Hillyard
Michael Cohen has testified under
oath before — in 2019 at the House Oversight Committee. He discussed the
payment to Daniels.
"In 2016, prior to the
election, I was contacted by Keith Davidson, who is the attorney — or was the
attorney for Ms. Clifford, or Stormy Daniels. And after several rounds of
conversations with him about purchasing her life rights for $130,000, what I
did, each and every time, is go straight into Mr. Trump’s office and discuss
the issue with him, when it was ultimately determined, and this was days before
the election, that Mr. Trump was going to pay the $130,000, in the office with
me was Allen Weisselberg, the chief financial officer of the Trump
Organization. He acknowledged to Allen that he was going to pay the 130,000,
and that Allen and I should go back to his office and figure out how to do it.
MICHAEL COHEN IN 2019 BEFORE THE
HOUSE OVERSIGHT COMMITTEE
ATTACHMENT
FOURTEEN (L)
6h ago / 11:26 AM EDT
Capitol
Police prepare for possible protests if Trump is indicted
Frank Thorp V, Liz
Brown-Kaiser and Jonathan Dienst
U.S. Capitol Police will be taking
security precautions in case there are demonstrations over an indictment of
former President Donald Trump, the Senate sergeant at arms said Monday in a
notice to senators’ offices.
“While law enforcement is not
tracking any specific, credible threats against the Capitol or state offices,
there is potential for demonstration activity,” the sergeant at arms said in an
email to Senate staff members. Capitol Police are “working with law enforcement
partners, so you may observe a greater law enforcement presence on Capitol
Hill.”
Trump indicated Saturday that he
would be arrested Tuesday, citing “illegal leaks” in the New York County
district attorney’s hush money probe, and called for his supporters to
protest.
ATTACHMENT
FOURTEEN (M)
6h ago / 11:26 AM EDT
Porn stars
and grooming allegations: How the Trump-DeSantis cold war turned hot
Jonathan Allen, Allan
Smith and Ali Vitali
The political world waited over
the weekend for Ron DeSantis to weigh in on the possible
indictment of Donald Trump. And then waited. And waited some
more.
In the meantime, Trump world
social media influencers and acolytes raked DeSantis over
virtual coals, pointing to his silence as complicity in — or at least
indifference to — New York County District Attorney Alvin Bragg’s pursuit of
Trump, the GOP’s top leader.
Behind the scenes, Trump aides
fanned the flames, targeted the Florida governor in news releases and cheered
as the Trump world influencers slammed him on Twitter and Truth Social.
When DeSantis finally spoke Monday
at a news conference in Tallahassee, Florida, he took shots at Bragg — and at Trump.
ATTACHMENT
FIFTEEN – From
From
Independent UK x35
Violent threats surge as Trump team readies for Stormy Daniels hush
money arrest
Barricades have
been erected and security ramped up outside Manhattan Criminal Court after the
former president claimed he will be arrested on Tuesday
Oliver O'Connell,Alex Woodward
There has been a surge in online
threats directed at government targets and political officials as a possible indictment looms of former president Donald Trump. Some are compared to January 6 times ten, with guns.
While there have been lacklustre
turnouts at rallies in support of the embattled former president — with one in
New York so sparsely attended that it was estimated the ratio of journalists to
protesters was five to one — the Trump 2024 campaign is using the moment to
fundraise.
It is thought there could be a
decision on an indictment on Wednesday as Manhattan prosecutors investigating
hush money payments to Stormy Daniels conclude their probe.
On his own social media platform,
Mr Trump posted a scathing, late-night video on Monday attacking
the four ongoing criminal investigations into his actions. He took aim at what
he calls the “most disgusting witchhunt in the history of our country” telling
his followers that he will “stand in their way” of their political “enemies”.
His comments came hours after his
ally Robert Costello testified before the grand jury in an attempt to cast
doubts on the prosecution’s star witness Michael Cohen.
Recommended
·
@Could Ron
DeSantis stop Trump’s arrest?
KEY POINTS
·
Trump posts late-night Truth
Social video attacking four criminal probes
·
Another witness to testify in Manhattan grand jury
Wednesday
·
Robert Costello testifies against Michael Cohen
·
Law enforcement planning security for possible Trump
indictment
·
Pro-Trump rally in New York ‘outnumbered five to one by
journalists’
·
Surge in online threats as police prepare for possible
Trump indictment
‘You can call
me whatever you want’: DeSantis doubles down Trump attacks before indictment
Ron DeSantis has doubled down on his attacks on Donald Trump ahead of the former president’s predicted
indictment and their likely 2024 clash for the Republican presidential
nomination.
The Florida governor told Piers Morgan in an interview that he was not phased by
Mr Trump’s mocking and branding of him as “Ron DeSanctimonious” in recent
attacks.
“I don’t know how to spell the
sanctimonious one. I don’t really know what it means, but I kinda like it, it’s
long, it’s got a lot of vowels. We’ll go with that, that’s fine,” he told
Morgan on Piers Morgan Uncensored.
Graeme
Massie reports on
this developing story.
Ron DeSantis doubles down Trump
attacks ahead of indictment
Ron DeSantis has doubled down on
his attacks on Donald Trump ahead of the former president’s predicted
indictment and their likely 2024 clash for the Republican presidential
nomination.
Oliver O'Connell21 March 2023
21:36
Trump rants
there is ‘no nothing’ there other than Cohen’s lies
In a late afternoon Truth Social
screed by the former president, Donald Trump writes:
Reports, and almost everybody,
says, even after in-depth legal study and review, that there was NO CRIME, NO
AFFAIR, NO BOOKKEEPING ERROR OR MISDEMEANOR, NO “NOTHING,” OTHER THAN NOW PROVEN
LIES BY MICHAEL COHEN, A CONVICTED FELON AND PERJURER, AND THE STRONG
LIKELIHOOD OF AN EXTORTION PLOT AGAINST ME. So, after getting CRUSHED yesterday
by Cohen’s highly respected attorney, with the case against me FULLY DISPROVEN,
why is the D.A. searching for yet another “witness?” TRUMP DERANGEMENT
SYNDROME! Ego!
Unexpectedly, he then praises
former Governor of New Jersey Chris Christie, with whom he has had a checkered
relationship, for purportedly schooling Donna Brazile on DA Alvin Bragg’s
“hypocrisy” on crime.
Oliver O'Connell21 March 2023
21:30
Surge in
online threats as police prepare for possible Trump indictment
Violent threats and rhetoric have
exploded online ahead of Donald Trump’s potential indictment in a
New York hush money investigation, according to intelligence officials.
According to intelligence reports
from the US Capitol Police in Washington, the federal DC Fusion Center and the
Federal Highway Administration obtained by Rolling Stone, officials
have been monitoring worrying online chatter, including one anonymous user who
said the former president’s arrest would result in “Jan 6*10 + Guns.”
Josh
Marcus has the
details.
Online threats surge as law
enforcement prepares for potential Trump indictment
State and federal officials
monitoring for threats as charges expected
Oliver O'Connell21 March 2023
21:20
Swing voters
won’t give Trump ‘thumbs up’ over hush money scandal, says Democrat rep
Democrat Rep Jeff Jackson of North
Carolina weighed in on the political implications of a Trump indictment during
an appearance on Fox News.
“I don’t think there’s any
universe in which [swing voters] see this underlying behavior, with respect to
the affair, and the hush money, and potentially criminal conviction, and give a
thumbs up,” the red-state Democrat said.
Oliver O'Connell21 March 2023
21:12
As clashes
with Trump get nasty, DeSantis polling drops
Florida Governor Ron DeSantis’ support
in a potential Republican presidential primary has dropped to its lowest yet as
he faces a torrent of criticism from establishment Republicans for his remarks
on Ukraine and attacks from Donald Trump, according to a new poll.
Eric
Garcia reports from
Washington, DC.
DeSantis drops to lowest
support in GOP polls after mocking Trump over indictment
DeSantis’s numbers fall amid
criticism from Trump and his remarks about Ukraine.
Oliver O'Connell21 March 2023
21:05
Democrats
‘love this dog and pony show we are putting on'
Rightwing commentator Tomi Lahren
has decried Republican infighting centred around Donald Trump and Florida
Governor Ron DeSantis, which this week has taken on a nastier tone.
“So the corrupt Manhattan DA goes
after Donald Trump and y’all point the cannons at Ron DeSantis?!” she wrote on
Twitter.
“The Democrats are cracking up.
They love this dog and pony show we are putting on.”
Oliver O'Connell21 March 2023
20:57
Giuliani
mocked over bizarre Cameo nursery thyme clip
Rudy Giuliani, the former New York City Mayor and ex-personal
lawyer to former President Donald Trump, is facing mockery after appearing in a video
on the site Cameo reciting the nursery rhyme I’m
A Little Teapot.
Mr Giuliani has been on the video greeting site since August 2021,
where users can pay him $325 for a personal message tailored to their requests.
Gustaf
Kilander reports on
another bizarre moment from the man once referred to as “America’s mayor”.
ATTACHMENT
SIXTEEN – From Vanity Fair
OOPS: TRUMP’S LAWYER CALLED THE STORMY DANIELS HUSH MONEY DEAL
“ILLEGAL” IN 2018
This was before Joe Tacopina was
hired to represent the ex-president.
BY BESS LEVIN
In his capacity as Donald
Trump’s
attorney, Joe Tacopina has
spent much of his time lately appearing on TV to defend the hush money payment
Trump made to adult film
star Stormy Daniels back in
2016. On Fox News, he claimed the ex-president was the victim
of extortion. On MSNBC, he insisted Trump’s lies about the
matter—like initially denying he was aware of the payment—weren’t lies because
Trump wasn’t under oath when he uttered them. Speaking to Sean
Hannity, he declared that the
legal system is “completely weaponized.” One TV hit he probably doesn’t like
mentioned? The one in which he called the hush money deal “illegal,” among
other things.
Yes, back in 2018, years before he
would be hired to represent Trump, Tacopina went on CNN and stated, for all the
world to hear, that the payment was against the law, that it was potentially a
“campaign finance issue,” and that the story that Michael
Cohen acted
in his own capacity when he paid Daniels $130,000 was total BS. “That doesn’t
make sense, that a lawyer took out a home equity loan with his own money, paid
somebody that he didn’t even know on behalf of a client who, by the way, had
the wherewithal and the money to afford $130,000,” Tacopina said in March 2018.
He added: “And, by the way, didn’t tell the client about the settlement
agreement. It’s an illegal agreement. It’s a fraud, if that’s, in fact, the
case.”
In a separate appearance, he reiterated that the hush money deal was “illegal.”
Several months later, Cohen pleaded guilty to,
among other things, campaign finance violations, saying he did so “in
coordination with and at the direction of” Trump.
It’s not clear if Trump was made
aware of Tacopina’s comments before hiring him.
In related news, the former
president on Monday used the looming potential indictment from the Manhattan district
attorney’s office to raise money off of his supporters, who he hit up for as much as $3,300 a pop.