Month: January 2024

More plots and subplots to Trump’s legal woes

by Dave

The Georgia case is all about election interference. It was messy at the start, with so many defendants. Chances of success seemed to improve as four defendants decided to accept plea bargains and testify for the the prosecution.   It just got worse with the accusation that District Attorney Fani Willis had a romantic relationship with Nathan Wade, a private lawyer who has received over $600,000 in preparation for this case.  The Republican controlled Senate could not be more pleased to attack Willis, and on Friday approved a special committee to investigate Willis. See links:

Politico: A Reality Check on the Fani Willis Scandal, Is Trump’s Georgia prosecution about to get derailed?

Fox News: Georgia Senate approves special committee to investigate Fani Willis misconduct allegations

Will this be a fair investigation? Oh please, this is an election year, and there’s nothing more the senators would like to do is get rid of DA Willis. You can expect a very aggressive response as she has done in the past when legislators try to interfere with judicial proceedings. Impeachments are political processes, and normal rules of admissible evidence are gone. The charge of an affair is made by Nathan Wade’s wife in a divorce proceeding.

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Next subplot arose when Smartmatic, a vendor of voting systems, filed a lawsuit against One American News (OAN), for defamation. In April 2023, Dominion settled their defamation case with Fox News for $787 million dollars. Dominion has helped Smartmatic with their lawsuit, by handing over thousands of pages of documents. In support of discovery against OAN, Smartmatic claimed in a filing that OAN Pro-Trump network OAN execs may have ‘engaged in criminal activities’ while promoting 2020 election lies. It is too early to tell if there is any real substance to this claim. See link below:

CNN: Pro-Trump network OAN execs may have ‘engaged in criminal activities’ while promoting 2020 election lies

I note that Smartmatic is suing Fox for 2.7 billion dollars, for defamation. I’m not sure how much they’ll try to sue for against OAN. OAN has stated that these allegations are baseless.

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Legal experts expect Trump’s business fraud case to conclude this week. The judge has already concluded that the overvaluations of Trump’s properties constituted fraud, so the trial was to determine the penalty. It is going to be more than 370 million dollars. It was speculated by Bloomberg, that following this court decision, the IRS will likely be looking at the evidence in the case, for tax fraud issues. We shall see.

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The presidential immunity case is in the Appellate court and a opinion could be issued any day. Trump’s lawyers see this as a chance to push back the Jan 6 federal case, beyond March, 2024. Most legal experts suggest the case will have to be re-scheduled. Legal experts also suggest that if Trump loses and appeals this case to the Supreme Court, they might not take it up. It would help prosecutors keep a trial date before the election.

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The Colorado disqualification case and the Fischer case will be heard by the Supreme Court. I have posted before on the Colorado case, as I believe as a practical matter, Donald Trump should be on the ballot in both the primary and general election as it is vital that the president is elected by the people. However, what seems right and practical is not how the Supreme Court decides issues. The Colorado Supreme Court ruled in favor of taking Trump off the ballot, and the Supreme Court will decide if this judgement was contrary to law. Other states will likely follow Maine’s example and keep the status quo, until the Supreme Court rules.

The Fischer case will decide if prosecutors went too far in applying a law that was used to convict over 300 rioters of obstructing an official proceeding. It is the same law that prosecutors used in indicting Trump on 2 of the 4 counts of the Jan 6 criminal federal case to be tried in Washington.

Scotus Blog: Court to weigh in on scope of law used in Jan. 6 prosecutions

A lot will be decided soon. A lot will be appealed.

Stay tuned,

Dave

Donald Trump is a Hypocrite on First Amendment Rights

by Dave

Donald Trump is angry as he claims the government has taken away his right to speak. It didn’t. A jury in Manhattan court found Trump guilty of libel in a private civil lawsuit on January 26, 2024. Of course, he will appeal the case. The plaintiff, E. Jean Carroll, will not receive anything until all appeals are exhausted. 

Donald Trump has sued a long list of individuals and organizations for defamation, and has lost just about every case. He knows better than anyone else, how tough it is to win a defamation case. But, he seems to like suing, if for no other reason, as a means of revenge to people who criticize him. Honestly, it seems always to backfire on him!

“We are going to take a strong look at our country’s libel laws, so that when somebody says something that is false and defamatory about someone, that person will have meaningful recourse in our courts,” Mr. Trump said during a public portion of a cabinet meeting in the White House. (New York Times, January 10, 2018)

“We want fairness,” the president said. “Can’t say things that are false, knowingly false, and be able to smile as money pours into your bank account. We are going to take a very, very strong look at that, and I think what the American people want to see is fairness.” 

No legislation was ever proposed.  Any legislation would have been opposed by civil liberties groups. As a plaintiff in these lawsuits, Trump really could not care about civil liberties. It was all about revenge and it failed almost every time.

Trump sued the internet news site, Buzzfeed for publishing the Steele dossier. Trump sued Fusion GPS for paying for the investigation. Trump also sued Hillary Clinton and many others in 2022, alleging “a malicious conspiracy to disseminate patently false and injurious information about Donald J. Trump and his campaign, all in the hope of destroying his life, his political career, and rigging the 2016 Presidential Election in favor of Hillary Clinton.” All these lawsuits were dismissed. The 2022 lawsuit was dismissed and the Judge awarded nearly one million dollars to all the defendants who had to defend themselves against Trump’s political lawsuit.

Trump sued the New York Times and the reporters over a 2018 investigation into his finances and taxes that was based in part on confidential tax records. The Times easily won the case because the information of true. Then on January 12, 2024, the Judge ordered Trump to pay the Times and three of its reporters nearly $400,000 to cover their legal costs.

However, when Trump is sued for the dissemination of false and injurious statements, then he loves the First Amendment. This is why Donald Trump is a hypocrite. You just can’t have it both ways! He lost as a plaintiff attacking the New York Times on January 12, 2024 and then big time loss as Trump was a defendant with a 83.4 million dollar judgement on January 26, 2024.

If you have information that is true, you have a right to say it, and the forum doesn’t matter. That’s freedom of speech. His fraud case is expected to conclude soon, and it is all about Trump’s dishonesty.

In March 2024, Trump will be back in court, with the charge will be that he approved payment to Stormy Daniels and Karen McDougall to keep them silent during the 2016 election. He used campaign funds to keep them silent. As the evidence will show, it’s not dirty politics; it is criminal. And it absolutely runs counter to the rights of individuals to speak in public, about what they witnessed and know is true.

Trump can’t blame the government. He did this to himself.

I predict Trump will lose again in March 2024. And he will lose this presidential immunity case, now in the Appellate court. Candidate Trump is both incredibly dishonest and a hypocrite.

Stay tuned,

Dave 

PS: Almost forgot to include Trump’s attack on Marvin Ruffman, in 1990, who correctly predicted the downfall of Trump’s eighth wonder of the world, the Taj Mahal in Atlantic City. You can search for this blog. It is a pattern of insults and bullying that goes back decades. 

Nine Top Officials who will never work for Trump again.

by Dave

The top positions in any administration are carefully selected. These key positions include Vice President, National Security Adviser, Attorney General, Secretary of Defense, Secretary of State, Secretary of Homeland Security, White House Chief of Staff and others. In crisis and strategy sessions, these are people “in the room.” Very few of his close associates would work with him again.

John Bolton, Trump’s National Security Adviser 2018- 2019, who worked in the White House, coordinating with the intelligence agency in formulating policy during crises.

Trump has this impression that foreign leaders, especially adversaries, hold him in high regard, that he’s got a good relationship with Xi Jinping, Vladimir Putin, Kim Jung Un. In fact, the exact opposite is true. I have been in those rooms with him when he’s met with those leaders, I believe they think he is a laughing fool.” (quoted in Atlantic Journal, Jan/Feb 2024)

“In a second Trump term, we’d almost certainly withdraw from NATO.” (The Hill)

Mike Pence, Trump’s Vice President

Anyone who puts himself over the Constitution should never be president of the United States … President Trump demanded that I choose between him and the Constitution. 

General James Mattis, Secretary of Defense

He is more dangerous than anyone could ever imagine.

John Kelly, Secretary of Homeland Security and White House Chief of Staff

The depths of his dishonesty is just astonishing to me… He is the most flawed person I have ever met in my life.

H.R. McMasters, National Security Advisor

President Trump and other officials repeatedly compromised our principles in pursuit of partisan advantage and personal gain.

Bill Barr, Attorney General

He will always put his own interests and gratifying his own ego, ahead of everything else, including the country’s interest.

Rex Tillerson, Secretary of State

His understanding of global events, his understanding of global history, his understanding of U.S. history was really very limited.

Mark Esper, Secretary of Defense

He puts himself before country. His actions are all about him and not about the country.

Richard Spencer, Secretary of the Navy

The President has very little understanding of what it means to be in the military, to fight ethically or to be governed by a uniform set of rules and practices.

The above quotes are from The Atlantic Journal Jan/Feb 2024, except for the Bolton comment based on an interview on the Hill. Bill Barr told Trump flat out Trump’s claims that he won the election where bullshit, and made a public announcement in December 2020, before leaving office.

Just as I was getting set to hit the publish button, when Donald Trump said this about his opponent on Truth Social:

“Nikki “Birdbrain” Haley is very bad for the Republican Party and, indeed, our Country. Her False Statements, Derogatory Comments, and Humiliating Public Loss, is demeaning to True American Patriots. Her anger should be aimed at her Third Rate Political Consultants and, more importantly, Crooked Joe Biden and those that are destroying our Country – NOT THE PEOPLE WHO WILL SAVE IT,”

Remember that Nikki Haley was appointed by Trump as the US Ambassador to the United Nations, and left on good terms with Trump. ”Trump heaped praise on Haley, declaring she was ‘special to me’ at the Oval Office meeting where her resignation was announced, emphasizing that she was not leaving on bad terms.” (Wikipedia, summarizing a news article)

And then Trump was in again in true form, in testifying in court on Thursday, where the jury had already concluded that sexually assault did take place (but not rape), in the E. Jean Carroll case. He could not limit himself to restrictions imposed by the judge.

“Unhinged” seems a very apt description. Self centered and dishonest also come to mind. Finally, Trump is trying to disrupt the ongoing discussion of how to get both Ukraine funding and tougher policies on illegal immigration, which also includes more funding. 

So Trump chaos is now in Washington, as he is in Manhattan. 

Stay tuned,

Dave

They have Nothing!

by Dave

Donald Trump’s business fraud case will come to a conclusion at the end of January. The District Attorney has asked for 370 million dollars in penalties.

Trump and his lawyers have lashed out at prosecutors as follows

In his opening statement when the trial started in October, Trump attorney Christopher Kise said: “There was no intent to defraud, there was no illegality, there was no default, there was no breach, there was no reliance from the banks, there were no unjust profits, and there were no victims.”

Similarly, Trump has said, “They don’t have any facts. They don’t have any evidence against us.”

According to factcheck.org (not sure if Trump supporters are interested in the truth):

  • Trump said his former personal attorney Michael Cohen “took back everything he said in court” leaving the state with no case against him. Cohen testified that Trump never specifically told him to inflate asset values, but he said Trump “speaks like a mob boss” and “tells you what he wants without specifically telling you.”
  • The former president claimed that he had “won this case already” in an appeals court. He has not. The appeals court has allowed the case to proceed.
  • Trump accused President Joe Biden of setting up “every one” of his civil and criminal cases — a claim that is not backed by evidence.
  • He also claimed without support that the New York attorney general’s visits to the White House in 2022 and 2023 were part of “a conspiracy” against Trump.

See Factcheck.org: Trump Distorts the Facts About His New York Civil Trial

I disagree that fraud is a victimless crime. The banks and insurers rely on information provided by others, and what keeps the system honest, is that frequently overstating the value of assets with the intent to mislead financial institutions is criminal fraud. If fraud is not prosecuted, then all the honest people seeking loans on actual assets are hurt.  Trump wants to put himself and his businesses above the law.

Trump is consistently dishonest about everything. Trump will immediately move to appeal the verdict at the end of January. He will of course blame the Department of Justice and President Biden, for everything, when this case was completely in the hands of New York State prosecutors. Per Factcheck.org:

… Biden has no control over state-level prosecutors who have brought cases against Trump in Manhattan and Georgia. Also, James, the New York attorney general, began investigating Trump’s company for fraud in March 2019 — long before Biden was president.

With this level of dishonesty, I wonder how people can support his candidacy. Really, you don’t put crooks into public office.

Stay tuned,

Dave

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Trial of Impeachment and Criminal Trials

by Dave

In the Appellate Court during oral arguments, Trump’s lawyer argued that because he was acquitted in the impeachment trial, as ex-president, he retained immunity for all criminal acts conducted as president. 

Senate Minority leader disagreed with this in February 13, 2021. In fact, what McConnell said, was that Trump, as a private citizen, would be held responsible for criminal acts conducted as president. It was a good argument for Trump that impeachment was only for removing current office holders.  Between January 6 and 20, there were only 14 days, not enough time for impeachment.  

Trump apparently wants it both ways. Can’t get me with impeachment, because there isn’t enough time, and can’t get me later, in court, because I wasn’t removed by impeachment, so I keep my immunity for all acts during the presidency. It is absurd.

Richard Nixon resigned and accepted a pardon, because he would have been convicted with obstructing justice.  Nixon was a lawyer before entering politics and understood the law.

See link: Read McConnell’s remarks on the Senate floor following Trump’s acquittal

Excerpts from a speech by McConnell on February 13, 2021:

“Impeachment, conviction, and removal are a specific intra-governmental safety valve. It is not the criminal justice system, where individual accountability is the paramount goal. Indeed, Justice Story specifically reminded that while former officials were not eligible for impeachment or conviction, they were ‘still liable to be tried and punished in the ordinary tribunals of justice.’

We have a criminal justice system in this country. We have civil litigation. And former Presidents are not immune from being held accountable by either one.

McConnell spared no wording in condemning Trump’s actions (or inactions):

There is no question that President Trump is practically and morally responsible for provoking the events of that day. The people who stormed this building believed they were acting on the wishes and instructions of their President. And their having that belief was a foreseeable consequence of the growing crescendo of false statements, conspiracy theories, and reckless hyperbole which the defeated President kept shouting into the largest megaphone on planet Earth.

Stay tuned,

Dave

Quick Updates: Presidential Immunity hearing and Business Fraud Case

by Dave

In the Appellate Court in Washington, DC, January 9 was an historical moment as Trump lawyer, John Sauer argued that an ex-president had absolute immunity to any criminal acts that occurred during his presidency. The consensus of experts in this area suggested that the hearing did not go well, and the Appellate Court will likely rule against him. Neither Trump nor the Special Prosecutor have advocated the “offramp” option, that is leaving the immunity claim to after the trial. This argument was filed as a amicus (friend of the court) brief.

I think if oral arguments did anything, it was to close off the offramp. At least I hope so. Thank God for this! Trump will appeal all judgments against him, whether it is this case, the documents case or the Georgia conspiracy case, which will be particularly messy. 

Lawfare report by Anna Bower: Trump and Smith, Reunited at the DC Circuit

Superb reporting by Ms. Bower from inside the courtroom, particularly noted for bits of humor sprinkled into a very serious matter. The bottom line is that there is no legal precedent for absolute immunity, and granting Trump’s claim would be a massive increase in presidential power. 

If the Supreme Court opts to take up this case, the six conservative judges will likely not come to Trump’s rescue, as they are loathed to construct new ex-presidential rights. They openly criticize the liberals on the bench as acting like legislators and expanding rights beyond the plain meaning and historical context of the law. 

The argument made by Trump’s lawyers is that he maintains immunity, because the House acquitted him of wrongdoing in the January 6 violence. At that time, Mitch McConnell remarked that the House was not clearing him of wrongdoing, as he could still face criminal charges since he was out of office. Now, ironically, his defense is turned around, and the argument is that the House did clear him, so he can’t face criminal charges.

The Special Counsel, Jack Smith, is probably very focused on the calendar and delay tactics right now. Smith lost in his attempt to skip over the Appellate court, and immediately be heard in the Supreme Court.  Court observers note that it is virtually impossible for the trial to begin on March 4, 2024. 

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Then yesterday January 11, 2024, the business fraud civil case was all abuzz as it was time for closing arguments. A hasty attempt to allow Donald Trump to speak fell through, as there was no agreement to restrain Trump from a return to the campaign rhetoric. Closing arguments are supposed to be directed at the judge, in a last attempt to go easy on Trump and his boys, Donald, Jr. and Eric. Trump’s three lawyers gave a normal summation of the case, arguing that there was no real harm done by the occasional overvaluation.

The judge finally let Trump have his say, and it is unlikely anything Trump said was within bounds for the case. Trump stated what was out of bounds was the entire case against him. His five minute rant likely will be completely ignored by the judge.

Link: Donald Trump defies judge, gives courtroom speech on tense final day of New York civil fraud trial

The state is seeking 370 million dollars. I think they’ll win and Trump will appeal. The judge will submit his written decision near the end of January.

Then, it will be on to the next, which is E. Jean Carroll defamation lawsuit, Part II, which is centered on defamatory statements Trump made immediately after being found guilty of defamation, scheduled to start January 16. Also, on deck is the Hush Money case, scheduled for March 20. So, note to court reporters, look for extended stay options in Manhattan. 

Stay tuned,

Dave

Trump’s Court Cases Trackers

by Dave

I have created a new page which has several links to excellent Trump Court Case summaries. They contain just the plain facts.  They are updated regularly. Please let me know if I should include other similar sites. I do not want sites with commentary.

It may seem to some that prosecutors are some how conspired to stop him from running for president.  At least, this is the perspective that Trump would like you to believe. Also, he would like everyone to believe that he is totally innocent of all charges. Finally, even if some violations of the law were committed, then if they were committed during his presidency, then he is immune from prosecution.

None of the above claims are true. Prosecutors have taken a number of steps to avoid unjustly alleging violations of the law against Donald Trump and others. This includes convening grand juries to review the evidence of the alleged crime. The judges in these cases can dismiss all charges against defendants, after a review of a summary dismissal request. This occurred when all charges were dismissed against Ivanka Trump in the NY civil business fraud case. 

The judge in each case is responsible for scheduling of court start dates. Trump has tried hard to push back each of the court start dates to after the election, based on the time needed to prepare for the case. The pre-trial motions take time to review, and generally Trump appeals unfavorable decisions, further delaying the processes. If the charges were so blatantly false, wouldn’t he want a trial right away?

Finally, the issue of Presidential immunity will be up to the courts to decide. An unfavorable decision from the appellate court could be taken up on appeal to the Supreme Court, further delaying the start of the federal case of January 6 election interference, past the March 4 start date.

As I complete this post, the pre-trial motions just keep coming. Mark Meadows, former Trump’s chief of staff, requested the Appellate Court reconsider his appeal “en banc” (by the entire bench) to have his case moved to federal court. If they do not grant his request, he can ask the Supreme Court to hear his case. The Georgia conspiracy trial has not yet been scheduled. 

Stay tuned,

Dave