Trump legal problems 2023

Hush Money Trial to begin, other court case issues to be resolved slowly

by Dave

On April 15, the Hush Money case begins. Finally Trump’s delay schemes got him only an extra 20 days. I’m glad. Could end in mid June. The judge will not put up with other ways to delay this case. My prediction – Trump will be sentenced to jail time, but this will be stayed pending his appeal. The other cases have definitely gotten bogged down.

The Supreme Court knows they control the timing of the federal January 6 trial with the presidential immunity case and they don’t seem anxious to fast track this case. The court traditionally releases the most controversial decision at the end of the term, so it could be decided from June to early July. Almost every legal expert expects Trump to lose on this one.

Trump lawyers are filing dozens of pre-trial motions in the Classified Documents case. The Special Counsel suggested a July start date, while Trump’s team hopes to push this off to next year, obviously in hopes that Trump would win the Presidency. The Special Counsel is especially concerned that Judge Cannon will allow the list of witnesses to be made public before trial. Also they object to needless hearings related to dismissal of the case.

They [Trump’s lawyers] want the judge to hold a hearing to force the government to produce evidence of what they say is a “selective and vindictive” prosecution. Prosecutors say no such evidence exists and that it would be unprecedented to grant a hearing in the matter.

See link: Trump’s trial over classified documents in Florida could start as soon as this summer

Many legal experts, are critical of Judge Cannon’s decisions, saying they are not legally sound and result in complicating and delaying the trial. See link below:

Salon: “Very, very troubling”: Ex-judges worry Judge Cannon’s pro-Trump rulings “clearly suggest bias”

The Special Counsel can appeal a wrong decision, but this can take months.

There are both legal and practical aspects in some court decisions. I can understand the practical aspects a lot easier. I stated from a practical perspective, the voters decide elections, not the courts. So, I was glad the Supreme Court decided in Trump’s favor on the disqualification case.

The second one happened yesterday, with the bond in the civil business fraud case being lowered to 175 million from 464 million dollars, and giving Trump an extra 10 days to secure the bond. The appellate court did not explain their reasoning, but since the entire case is under review by the appellate court, it seemed unnecessary to force liquidation of Trump’s assets at this point. I was glad because Trump could not whine about how they [the DA’s office] were stealing his hotels.

So, New York Appellate Court was nice to Trump on the bond issue. Didn’t help, as he made some comments about how terrible NY was treating him, as follows:

Fact check: Trump tells ‘mind-bogglingly nonsensical’ story about the New York Stock Exchange

Now, once the Appellate Court rules, then it is a new ball game. Trump must pay up or his assets can be liquidated. And if it comes to this, it is going to be slow and messy.

The Georgia case is also going slow, as Judge McAfee tossed out 6 charges, as not being fully explained in legal terms. DA Willis can file briefs to get the charges restored. No trial date has been scheduled.

Stay tuned,

Dave

Biden is the right choice for democracy

by Dave

This election is extremely important. All candidates talk big about democracy and the rule of law. But, Trump proved to the American people he only believes in democracy when he wins an election. The “Stop the Steal” effort by Trump and his supporters, post 2020 election, is a sad chapter in our history. Donald Trump encouraged the mob that ransacked our capitol, because he thought he was more important than the country.

“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.” Mike Pence, Former Vice President of the United States.

“He will always put his own interests and gratifying his own ego, ahead of everything else, including the country’s interest.” Bill Barr, former Attorney General under Trump.

Trump urged his supporters to leave the Capitol only after hours of rioting, dozens of security police had been injured and five people had died. It could have been far worse. There was a huge arsenal of weapons, stored in a hotel room in Virginia, by the Oath Keepers. Their leader made the decision not to bring these weapons to the Capitol as it could tip off the police on his plans. We were perilously close to a massacre of elected officials in our Capitol. Number 1 target would have been Mike Pence, because he was in charge of counting the votes, as he was obligated to do as Vice President and Speaker of the House Nancy Pelosi.

The core group of attackers planned, by any means possible, to overcome the security forces and break the windows and doors of the Capitol building. By their testimony and Trump’s promise that he would join them on the morning before the attack, they felt like they were part of Trump’s army, to restore their leader to power. I’ve seen this before in other countries, where leaders or candidates for office blatantly disregard the rule of law, but never in my country.

Link: Capitol Rioters Were Armed to the Teeth and Ready for War

Trump would not condemn the attackers. He called those who participated in January 6 as patriots. To me, the real patriots were the Capitol police and many were injured as they tried to protect the elected officials.

In fact, Trump has stated he would pardon many of the rioters if re-elected.

Link: Trump vows to ‘free’ Jan. 6 defendants as one of his first acts if elect (Story updated March 12, 2024)

It is consistent with his claim that the US Department of Justice, under Biden, is corrupt. Of course, in the chaos of the riot, the investigation by the FBI of the many individuals responsible took time. Credit should be given to the many individual agents who poured over videos both outside and inside the Capitol.

A lot of credit goes to FBI Director, Chris Wray, a Trump appointee. In so many areas, ranging from cybercrimes to combating the influx of drugs, Director Wray has done an excellent job.

If elected, I think Trump will likely fire FBI Director Wray, because the FBI conducted a court approved search of Mar-a-Lago. He’ll find some pre-text to fire Wray. But the search was very personal.

Link: The GOP’s war on the FBI is paying off for Trump

Take Trump seriously. He is looking for revenge.

“The depths of his dishonesty is just astonishing to me… He is the most flawed person I have ever met in my life.” John Kelly, Secretary of Homeland Security and White House Chief of Staff

Biden will keep our country strong, by his leadership. Remember, Christopher Wray was Trump’s choice to lead the FBI for the next 10 years. And Biden kept him on. Democracy is built around a peaceful transfer of power through elections. The people at the ballot box decide, not a mob attacking the Capitol.

Stay tuned,

Dave

Hush Money Trial: A case destined for a guilty verdict

by Dave

It will begin on March 25, 2024. The legal name is The People of the State of New York v. Donald J. Trump. The indictment from the Grand Jury lists 34 counts of falsifying business records by Trump. Trump will be found guilty, probably in early May. The exact charges might not be known until the end of the trial and this is the difference between paying a fine or serving time. No matter what, it will be appealed.

Trump will have his defenders. It is more of a campaign to minimize the damage and deflect this away from Trump.

First, commentators on Fox News and conservative media sites will explain how during a campaign, funds can get misappropriated, and generally this is handled by a fine. Also, the amount of money, $130,000 to Stormy Daniels, is next to nothing during a campaign doling out millions of dollars every day. Strategy #1 is this is selective prosecution for a minor campaign funds misappropriation and grossly overcharging Trump.

PR strategy #2 will be the conspiracy angle, for those particularly gullible. Deflect, deflect and lie. Biden, DOJ and yes, George Soros, are involved in a scheme to stop Trump from winning the election. These accusations are nearly two years old, and have been debunked by just about every fact checking site. I won’t go into details, because it is nonsense. Like all conspiracy stuff, they take the 1% that is true, and build on. The old game of connecting the dots that don’t exist. Those who want to find out what’s not true, what “they” say on Facebook, Youtube, etc, you can search Soros, Mathew Colangelo, DOJ and Hush Money case and get a ton of baseless conspiracy stuff.

I note that George Soros is 93 years old philanthropist, who donates money for worthwhile causes. He has never donated a cent to Alvin Bragg, but charitable organizations which he helps have. Who will conspiracy theorists blame for the world’s problems, if he passes. Seriously!

On the legal front, Trump’s team will vigorously argue that this should be a misdemeanor charge, not a felony. Legal experts acknowledge they may prevail on this argument, so Trump just pays a fine. But, if not, then they will appeal. That’s when this case becomes really interesting.

There is also the gag order issue, which should be resolved by the judge very soon. Other minor legal issues involve questions that can be asked of jurors to identify bias towards Trump. This will all be resolved by the judge.

— Is it a felony or misdemeanor?

Every time a payment was made, it was recorded as a legal expense to the campaign. The indictment alleges Donald Trump was aware of these false entries, so he is charged with 34 counts of falsifying business records. But if it is a misdemeanor, there will be just fines; no jail time. See explanation from AP News (link provided at bottom):

“Falsifying business records can be charged as a misdemeanor, a lower-level crime that would not normally result in prison time. It rises to a felony — which carries up to four years behind bars — if there was an intent to commit or conceal a second crime. Bragg said his office routinely brings felony false business records cases.

In Trump’s case, Bragg said the phony business records were designed to cover up alleged state and federal election law violations. The $130,000 payment to Daniels exceeded the federal cap on campaign contributions, Bragg said. He also cited a New York election law that makes it a crime to promote a candidate by unlawful means.

“That is what this defendant did when he falsified business records in order to conceal unlawful efforts to promote his candidacy, and that is why we are here,” one of the case prosecutors, Chris Conroy, told the judge Tuesday.”

Wikipedia has similar comments:

“The indictment raises novel and complex legal issues. Legal experts contacted by the New York Times said that the indictment combines business records charges with state election law in a way that had never previously been done in a case involving a federal campaign.”

The decision of whether to charge Trump with committing misdemeanors or felonies will be up to the judge. Legal experts have stated that this may be done at the end of the trial. If Trump is found guilty of felonies, he will appeal.

Links:

AP Analysis: Trump hush money case raises thorny legal issues

Wikipedia: Prosecution of Trump in New York

Wikipedia usually updates their articles as the trial progresses.

— Bottom Line

DA Alvin Bragg is doing his job of enforcing the laws of New York. No one is above the law. Not Trump nor Bob Menendez, a Democrat. In these cases, those accused have plenty of resources, to hire the finest defense lawyers. They have the right to appeal.

And it is entirely possible, after all the evidence is heard, the charge is reduced to a misdemeanor if DA Bragg fails to make the case of a felony. So, I can see only two outcomes, guilty of 34 misdemeanors and Trump pays a fine, and guilty of 34 felonies, and Trump appeals his sentence. I don’t see any chance of not guilty.

Stay tuned,

Dave

Trump Legal Issues Update including Calendar Wars

by Dave

The big question is what comes after the Hush Money case. I call this “calendar wars.” I really tried to adhere to the axiom, “Everything should be made as simple as possible but not simpler” often attributed to Einstein.

— Calendar Wars

The Hush Money trial starts March 25 and may go through mid-May, which would allow another criminal trial to begin. It is unclear which one – Documents or Jan 6 case. Trump’s team would like both delayed to post-November, but they could opt to accept a pre-election start date for the Documents case so they can push the more damaging Jan 6 case to after the election. For political purposes, always the less embarrassing case goes first. The Jan 6 case could be put on hold by the Supreme Court.

It is also been suggested by commentators that Judge Cannon might be more lenient to Trump’s delaying tactics with frivolous motions than Judge Chutkan. It looks hopeless that the Georgia trial case will start prior to 2025. But, we shall see.

Hush Money Case: There will be a lot of commentary connected with this trial. Republicans will certainly down play this case, claiming it should be a misdemeanor charge, rather than a felony.

Prosecutors have asked Judge Juan Merchan to order a partial gag order barring Trump from making or directing others to make public statements about potential witnesses, prospective jurors and members of the prosecution team and their families other than District Attorney Alvin Bragg. Trump can blast away at DA Bragg all he wants and has already made a lot of false statements. See link below:

CNN Fact check: Trump makes false and evidence-free claims at Manhattan courthouse

DA Alvin Bragg has described the case in terms of 2016 election interference, which I believe is correct. The secret payments to Stormy Daniels and Karen McDougal were done, so his election prospects wouldn’t be hurt by knowledge of these affairs. His reported sexual encounter with Stormy Daniels (Stefanie Clifford) was just one time. He suggested to her, that she could be on his show, “Celebrity Apprentice” but this never happened. She claims he tried to keep the affair alive but she rejected this. The affair with Karen McDougal lasted 9 months.

There has been a lot of contentious issues of who should be allowed to testify and what evidence is material to this case. Donald Trump will absolutely appeal any conviction and these pre-trial motions will be a part of his appeal. See link:

Link: Trump seeks to block Stormy Daniels, Michael Cohen from testifying at NY hush money trial

Jan 6 Case: Trump’s ex-presidential immunity case is now pending in the Supreme Court. What his lawyers want, is to put a hold on the start of the January 6 election obstruction trial. The Special Counsel urges the Supreme Court to either allow the Appellate court ruling to stand, and begin trial as soon as possible or to hear the case on a highly expediated schedule.

Most experts predict that Trump is destined to lose the case, so the issue is whether he can delay it to after the election. So far, no decision. Conservatives on the bench can hand Trump a victory, simply by taking up the case, and then pushing it to the next term to be decided. The three liberals probably have heard enough on this subject, and would be ready to rule against Trump immediately.

Documents case: Pre-trial motions keep going back and forth. Judge Cannon ordered documents unsealed so Trump’s team could know potential witnesses that could be called by the prosecution. Smith request a reconsideration of the order, and he may file an appeal if Cannon doesn’t reverse herself. Legal experts have generally sided with the prosecution, as it gives Trump’s team time to find ways of intimidating witnesses. Trump is well known for his attacks on just about everyone involved in a case against him.

Trump also filed a lengthy “motion to dismiss” brief, and Cannon wants separate briefs for each issue. The Rolling Stone’s lyric, “Makes a grown man cry” is probably resonating in the Smith’s office as Judge Cannon seems reluctant to rule against Trump. Presidential immunity is part of the motion to dismiss, and I’m thinking it is the quickest way to put the whole trial on hold. As discussed in “Calendar Wars” a lengthy hold on the Documents case could disadvantage Trump, as the more damaging January 6 case becomes the likely successor to the Hush Money case.

Judge Cannon has scheduled a hearing on March 1 to review delays in the trial date. The Special Counsel would like the trial to begin on May 20, 2024, but legal experts suggest this date is unrealistic.

Link: The Trump Docket: Jack Smith and Mar-a-Lago judge set for major showdown over protecting witnesses in documents case

Georgia Election Interference Case: We will know soon if DA Fani Willis affair with Nathan Wade will end in her disqualification. The entire conspiracy case disappears at this point! Just as I was ready to post this, Judge McAfee ordered Terrence Bradley, who was Nathan Wade’s partner and divorce lawyer, to answer additional questions, ruling that attorney-client privileges do not extend as far as he allowed before in the hearing.

Michael Roman and several other co-defendants in Trump’s election case are seeking Willis’ disqualification from the case on the grounds that she benefited financially from a “personal, romantic relationship” with Wade, who she hired for the case.

Judge has scheduled a hearing on March 1 on the Willis/Wade romance. I am hoping this does not derail the case.

No date has been set for conspiracy trial. It will be televised and a bit of a circus with all the lawyers defending 15 defendants. For this reason, I believe the Jan 6 federal case is, with the sole focus on obstruction of justice and interference in election proceedings by Trump, is still the most damaging. If Trump gets re-elected, the January 6 case will be sure be dismissed but the Georgia case will continue.

This sums up the four criminal cases. In related cases, Trump needs to come up with bond for the civil cases, which have been appealed. This is a very fluid story of what is possible. There’s the Colorado Disqualification case in the Supreme Court, which may rule in Trump’s favor. I would like this, as voters not judges, need to decide elections.

Stay tuned,

Dave

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.

—-

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.

___

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.

—

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.

—

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. 

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

Dave Avatar

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. 

__

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

2024 The year of historical trials and court decisions

by Dave

Some people try to associate court trials with other things they are familiar with and it is usually a disaster. Court cases are not like the movies. They can go on for months. It is also not a ballgame. It doesn’t end in nine innings.. Decisions are appealed.

The public knows who they like and dislike, and believes the accused should either be set free or in jail for the rest of their lives. The Republican politicians went years claiming Hillary Clinton had committed all sorts of crimes. But, finally, one Democrat has been charged with profiting from his high position, Senator Bob Menendez. His wife has also been charged. 

Hunter Biden and Steve Bannon will go on trial unless either can cut a plea agreement. These trials will be headline news, because of their close association with President Biden and Donald Trump. In both cases, there has been zero evidence these actions involved either Biden or Trump. Both will have the best lawyers money can buy, but the evidence against them will make or break their cases.

And then of course there is Trump and his two civil cases and four criminal ones. I have written extensively about this and there are many Trump legal problems trackers out there. The final conclusion of the civil case against Trump and his organization for the overvaluation of properties will end quietly, as the judge will simply file the judgment in late January and Trump will appeal. 

The disqualification issue must be decided by the Supreme Court. This case and the immunity case will be historical landmark cases. I think only 3 of the 4 criminal cases will likely be tried in 2024, with the Georgia conspiracy case, starting either late 2024 or early 2025. The Supreme Court has a number of highly contentious cases, of which I’ve commented on the abortion pill.

An independent judicial system is one. of the cherished rights of all Americans. If someone has been unjustly accused, the appropriate place to seek justice is the courtroom, not on social media or cable news stations.

So in sum, the system is working as it is intended. The appeal process is an additional check that ensures convictions are in accordance with the law and the rights of individuals are protected.  

Republican members of Congress should not be involved in any of these cases. They should not attempt to tilt the balance of justice against Hunter Biden or in favor of Donald Trump. By their meddling in trials, through their power to subpoena, they are hindering our system of justice.

I fear a re-election of Donald Trump and his disrespect for the judiciary will severely damage our judiciary system. His use of pardons for political purposes would be an attack on the sacred right of justice for all, that comes from  a conscientious and independent judiciary system. Might makes right approach whether by Congress or the President brings us one step closer to tyranny.

What will work, is an informed public who understands the judiciary has a very independent role vital to our system of government. 

Wishing the best of all in 2024,

Dave,

Trump’s criminal court dates

by Dave

Trump is indicted in four court cases, of which 3 cases (Federal Jan 6 case, Manhattan hush money case and Federal documents case) have scheduled start dates of March 4, March 25 and May 20, 2024. It is obvious the court dates will be rescheduled, as there is only 21 days between the Jan 6 case and the hush money case. Even the general order can change.

Georgia District Attorney Fani Willis “Trump’s RICO Case” with now 15 defendants has not been scheduled, but I think it is fair to say, it will be the last one to be heard. Willis suggested a start date of August 5. 

If Jack Smith prevails in the expedited Supreme Court case, which petitions the Court to deny Trump immunity, then it is possible the Jan 6 case will start as scheduled on March 4, and the Manhattan hush money case will be rescheduled. The order most damaging to Trump, I believe, would be to complete the two federal cases first, then go to the Manhattan hush money case.   

Trump would like everything pushed back beyond the election. He knows this won’t happen. Initially his legal team filed to have the hush money case tried in federal court, but just before the deadline on November 15, they withdrew their appeal for the venue change. If they had succeeded on appeal, Trump could have pressed the issue of presidential immunity.  But, I think they now see this case as the one to go forward in 2024, delaying the two federal cases.

The hush money case is no slam dunk. The Trump team has argued that this should not be a felony charge at all, but a misdemeanor charge. ”Bragg’s office must show that Trump’s actions were taken with the intent to commit or conceal another crime in order for the falsification of business records charges to be elevated from misdemeanors to felonies.” (Politico, Nov 16, 2023) Second, that it is based on Michael Cohen, who has been convicted of perjury and disbarred. And finally, there is an issue of the legality of extending the statute of limitations by executive order. Bottom line: the hush money case will definitely be appealed, if Trump is found guilty.

Link: Politico, Nov 16, Trump is trying to use campaign to dodge criminal consequences, Manhattan DA says

Link: Raw Story, Dec 14, How Trump’s D.C. court delay could backfire in his New York hush money trial

Trump’s team is busy preparing their reply to Jack Smith’s petition of the Supreme Court, due on Dec 20. I expect they will make a strong point to delay the immunity issue until the appellate court rules. No sense in picking up a hot potato when it is already in a lower court. Further, the petition cites “Nixon’s case” which was expedited to the Supreme Court because it concerned President Nixon’s refusal to provide documents to a special prosecutor, obviously not the same situation as Trump.

A lot of moving parts. I’m still hoping the Fani Willis conspiracy case starts prior to November 2024. It will be televised. We shall see.

Stay tuned,

Dave

Jan 6 case: Supreme Court Petitioned by Jack Smith

by Dave

Donald Trump legal team filed a motion to dismiss in the January 6 case based on absolute presidential immunity. It was denied by Judge Chutkan in a completely rigorous and thorough manner. So, Trump’s team appealed the decision.  The start date of March 4, 2024 in court was likely to slip due to the pre-trial filings.  

Jack Smith has asked the Supreme Court whether Donald Trump has immunity from criminal prosecution for alleged crimes he committed while in office. Trump’s lawyers have stated that his alleged actions over the 2020 election results were part of his official duties at the time and therefore he is protected by presidential immunity. Smith has asked this review be expedited, so the trial date can be maintained.

Jack Smith’s petition simply excerpts critical elements of Judge Chutkan’s decison. One example:

Holding a former President criminally accountable is “essential to fulfilling our constitutional promise of equal justice under the law.” 

Nothing in the US Constitution provides immunity to ex-presidents. The conservatives on the Supreme Court will have a difficult time trying to invent some special immunity for Trump, so he can evade the charges. 

In the petition, Judge Chutkan’s decision is included as an appendix. So, there are no surprises to Trump’s legal team.  Trump must respond to the petition by December 20, so the Supreme Court can decide whether to consider the case.  

See CNN link

I am hoping that the Supreme Court will rule against Trump. Presidents or other government officials might avoid prosecution for their criminal actions when they are in office. But, once out of office, they should have to be accountable. 

Stay tuned,

Dave

Smith’s brief is available on the Supreme Court website and the link below.

Brief to Supreme Court US v TrumpDownload

Disqualification lawsuits – Part II

by Dave

I just wanted to add that a website called Lawfaremedia.org is tracking these lawsuits. Five state courts have dismissed these cases, Florida, New Hampshire, Minnesota, Colorado and Michigan, with the latter two states, the dismissals are under appeal.

The map provided by Lawfaremedia.org also shows disqualification lawsuits were voluntarily withdrawn in six states, which I found odd. But there may be a good reason. All six lawsuits were initiated by John Anthony Castro, who claims to be a Republican candidate for president in the Republican primaries. I suspect these lawsuits were withdrawn because Castro knew he would lose again on the issue of standing (actual harm) and the arguments for dismissals would be pretty much copied by other judges. Or Castro might have been conserving his resources for more likely success.

Florida’s dismissal of Castro’s lawsuit was simple. Case dismissed because of issues of standing and ripeness (issue is the primary ballot prior to the election itself).

It is entirely proper that violation of our constitutional rights, including Section 3, Fourteenth amendment, barring individuals from running from office be addressed to the courts. But, the courts recognize the dangers of possibly excluding eligible candidates from the ballot.

If any single individual can make a claim in court of ineligibility based on Section 3, it would complicate our elections and thus interfering with another fundamental right of the people choosing their leaders. So, plaintiffs have a certain threshold to meet, before they get to make their case.

Thus, I do not believe any of John Anthony Castro’s lawsuits, or those from private citizens will succeed. I am pessimistic about the cases under appeal in Colorado and Michigan, as they likely will question the standing issue, and end the challenge in these states.

Each dismissal will be quickly announced by Trump’s base as a legal victory against left wing democrats. It is a fact that the disqualification effort has little chance of succeeding and was supported by both Democrats and conservative Republicans. I personally do not support this effort as I believe in the right of voters to choose their president.

Now, should any Secretaries of State exclude Donald Trump from the ballot after the parties have announce their candidates, then yes, this case will be heard on an emergency basis and likely go up to the US Supreme Court.

Stay tuned,

Dave

PS. I did not go into John Anthony Castro’s bio, but it is one full of controversy which can be googled.

Trump’s NY Fraud Case: Ends with a whimper, not a bang

by Dave

It looks likely that December 11, Donald Trump takes the stand for the defense. No dramatic end, unlike television court cases. After the judge submits a written decision, Trump’s lawyers will immediately appeal, and ask that the judgement to bes stayed (set aside) while it is appealed.

I like Politico’s conclusion, stated upfront: “Trump is fighting an uphill battle in his fraud trial. But it could be years before penalties kick in.” Next line is a mistake. The prosecution and defense will rest in December. A verdict is expected in the last week in January. This is a civil case, no one goes to jail. But the penalties are sufficiently severe that Trump may need to sell properties.

Politico: Trump is fighting an uphill battle in his fraud trial. But it could be years before penalties kick in.

Stay tuned,

Dave

Update on Trump’s Civil Fraud Case

by Dave

The defense is presenting its case, scheduled to end on December 11, with the testimony of Donald Trump. I am sure that Donald Trump has been thoroughly coached on how to respond to questions.

Prosecution has not decided to present a rebuttal, but if it does, it will be concluded in on December 12. There will be no closing arguments in court, but the attorneys will submit them in writing by January 6. Oral arguments will take place on January 11. Then, we wait for a decision.

Judge Engoron stated he hopes to file his written decision by the end of January. Of course, it won’t be pretty. In a summary judgement in September, the Judge ruled that Trump organization was guilty of fraud. This is really the punishment phase of the case. Regardless of the decision, Donald Trump will appeal.

The Court of Appeals re-instated the Judge’s gag order. I am not sure how long the gag order will be in place, but it was needed after Trump attacked the Judge’s clerk, so it may last for a long time.

The E. Jean Carroll defamation case, part 2, begins January 16. It is noted that Trump actually sued Carroll, claiming she defamed him. The case has been dismissed, but Trump (as usual) is appealing the decision. Trump is not required to appear in court. The jury will decide whether to increase Carroll’s original award of 5 million dollars in damages.

While Trump can sit out the defamation case, his presence will be required in the upcoming criminal cases, namely the January 6 case scheduled to begin in Washington on March 4 and the hush money case, scheduled to begin in Manhattan on March 25. The documents case should follow in May, and the Georgia Rico case could be pushed to after the elections. Unlike all other cases, the Georgia case will be televised. Unless they can cut more deals, it will be a bit crazy with all the defendants their lawyers and the media.

Every single case will be appealed, so these cases will extend into 2025. The RICO case appeals could go even longer.

Stay tuned,

Dave