Trump legal problems 2024

Playing the delay game

by Dave

An innocent defendant pushes a prosecutor to have a speedy trial and get rid of the allegations of wrong doing. Trump is guilty of taking classified documents and hiding them in unsecure locations and then when it was requested they be returned, moving them around his residence/club at Mar-a-Lago in Florida. He does not want his day in court.

Donald Trump game plan is simple – delay the classified documents case until after the election, and then have the Justice Department dismiss the case. His accomplice in this delay game is a biased judge by the name of Aileen Cannon, who is not ruling on the pre-trial motions, but is scheduling hearings in June, and will drag out the start of the trial just as long as possible.

I have read through a dozen or so, opinions on Judge Cannon’s order of May 7, 2024. They all conclude that the judge is simply siding with Trump on every issue. Here’s part of the Washington Post opinion:

“Of the indictments Trump faces, the case in Florida was often regarded as the most clear-cut. And then it was assigned to Judge Aileen M. Cannon.”

Washington Post Link: https://www.washingtonpost.com/politics/2024/05/08/judge-trump-classified-documents-trial-date/

What scares both Donald Trump and Judge Cannon is the speed at which the Hush Money case is proceeding. It means that in late May, or early June, the Hush Money case will conclude. Then, Trump has no real basis for delaying the start of Classified Documents case.

The sole excuse not to start the trial at the conclusion of the Hush Money case will be Judge Cannon’s acquiescence to schedule hearings in Trump’s many motions. In this way, she does not have to rule until after the hearing. So, Trump wins in the delay game.

CNN Link: https://www.cnn.com/2024/05/07/politics/judge-postpones-trump-classified-documents-trial/index.html

Legal experts are able to quickly identify frivolous motions to dismiss, which can be ruled on without a hearing. See CNN link below:

https://www.cnn.com/2024/05/07/politics/video/trump-classified-documents-trial-postponed-judge-scheindlin-sitroom-digvid

So, it will be a long and frustrating road for the Special Prosecutor. The January 6 case is on hold pending the Supreme Court judgement. So, none of the three other cases pending against Trump has a trial date set.

Equal justice for all? Not in Judge Cannon’s court room.

Stay tuned,

Dave

judge-aileen-cannon-may-7-orderDownload

Finally, the Hush Money case begins this Monday

by Dave

Opening arguments lay out the basics of the case for the jury from both the prosecution and defense side. Of course, from the defense side, Trump is innocent. The jury will hear two months of evidence and then decide.

So, everyone has their job. The judge, prosecutors and defense lawyers know their job. But the jury doesn’t unless they have served on a jury before. It is basically weird. They are the deciders, but they can’t solve this problem like any others. They can’t go into Google. They can’t talk it over with the others in the jury. They can’t talk to their spouse or neighbors. Lots of can nots.

And they are not going to know what laws Trump is accused of breaking until the very end. My experience on juries, is in general, that the people act very conscientiously, they respect each other, and obey the orders of the judge. Some are more engaged than others, but they all play by the rules.

So, the system is working. Hardly headline news, but it should be. The delay tactics of Trump failed. Every defendant has a right to a speedy trial so they can clear their names. In this case, Trump wants just the opposite, namely indefinite postponements. If he can slow down this trial, the ones that follow, particularly the Classified Documents case, will also get pushed back.

Judge Cannon, in the Classified Documents case, has now ruled against Trump on a motion to dismiss. Apparently, there are many more motions pending, and she’ll have to rule on these soon. If she can do this expeditiously, then just perhaps in July, the documents case can begin. Trump’s team is trying to use the Hush Money case, and the need for his lawyers in NY, to further push back the Document case. No start date has been scheduled.

The Jan 6 case is awaiting a decision on the immunity claim by Trump. Oral arguments will be held in the Supreme Court. This will be interesting, because the appellate court ruled against him, and legal experts do not expect this will go well for Trump on Thursday.

Court reporters are will get no break, as they go from Manhattan, NY to Ft. Pierce, FL (Documents Case), Atlanta, GA (Election Conspiracy Case) and Washington, DC (Jan 6 election interference case).

Stay tuned,

Dave

The “Get Out of Jail Free” Card

by Dave

Trump would like to have this card, but he needs the acceptance of the Supreme Court. We will know around the end of June or perhaps sooner, if they accept or deny his appeal for absolute immunity for actions taken as President.

The Special Counsel, Jack Smith, has submitted his brief of why Trump’s appeal should be denied. He states that there is no basis for immunity based on the history, text, and structure of the Constitution. Certainly, his supporters would like to see the Supreme Court affirm his appeal, so criminal cases involving January 6 (Georgia case and Federal January 6 case) could just disappear.

Most legal experts believe that the appeal will be denied. If Trump’s appeal is denied, the Jan 6 trial could begin in July.

Yet, this immunity case is for a former President. If Trump succeeds in being re-elected, he can claim immunity that he once enjoyed as a sitting President. At the same time, he will install loyalists in the Department of Justice, who will not only dismiss the charges against him, but use the DOJ to launch partisan attacks on Democrats including Hunter Biden.

This is the retribution plan, and it should never be allowed. It is a basic misunderstanding of government, that when a president yells “jump”, the only response is “How high?”. Yes, CEO’s can demand loyalty from their employees, but government, especially the DOJ must operate independently when investigating criminal matters involving other prior politicians.

So, I believe both the Supreme Court and the electorate must do their jobs to ensure accountability. You can not elect someone with 91 pending criminal charges as head of the executive branch with the obligation to faithfully enforce the laws of our country. One can not pick and choose which laws to obey.

With absolute immunity, while every law applies to the rest of us, Trump can do what he wants. Seems pretty much like a monarch. Except of course he is no longer president, and the electorate should not return him to power. His next term will be far worse.

Stay tuned,

Dave

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

Trump’s legal woes: The scheduling is clarified, sort of

by Dave

The art of a deal, is in true form. It is the art of delaying the start of four criminal trials until after the elections in November. If this were a game of bowling, four cases delayed to after the election would count as a strike.

The Jan 6 federal case start date of March 4 has been postponed indefinitely. The immunity case is in the Appellate court and Fischer is in the Supreme Court. The Fischer case is not directly tied to Trump’s court case, but the application of the Sarbanes-Oxley law, is the basis of two of the four counts against Trump. I expect these impediments will be gone before the end of the Supreme Court term in July.  

This clears the schedule for the Hush Money case to begin on March 20, 2024, so that pretty much fills up April. I don’t think Trump’s team can delay this one. So, one of the four pins are still standing.

So, all eyes turn to the Classified Documents case, to be held in Ft. Pierce, FL as the logical successor, with a start date of May 20, 2024. The charges are 31 counts of willful retention of national defense information. 

On February 2, 2024, the DOJ filed a 67-page brief stating that they had fully complied with discovery in the documents case. The first reporting of the DOJ filing is on Feb 2 at 10:30 pm by NBC news. The brief begins:

“The defendants have received substantial, timely, and thorough discovery in this case. By early September 2023, the Government had provided the defendants with over 1.28 million pages of unclassified discovery and all of the CCTV footage obtained in the investigation; since then, the Government has supplemented its production as necessary. This production not only complies with the Government’s constitutional and rule-based discovery obligations; it goes far beyond. The Government recognizes its discovery obligations, has complied with them, and will continue to do so. The defendants have nevertheless filed a lengthy motion to compel in which they seek abstract rulings on the scope of the prosecution team and various directives that the Government provide them with a range of additional material.”

Obvious, Trump’s team wants this case to start after the election. Can Trump’s team finagle delays in this case? Yes, if Judge Cannon makes a ruling in favor of Trump on discovery issues, then DOJ will appeal to the 11th Circuit. But it is abundantly clear from the brief, that Trump’s team has really opened the barn door on what could be relevant in this trial, including “selective prosecution.”  Discussion begins on page 37 of brief. 

“Defendants might suggest to the jury that they should be acquitted based on a theory of selective prosecution, that would plainly be inappropriate.”

Can Trump’s team finagle delays in this case? Yes, if Judge Cannon makes a ruling in favor of Trump on discovery issues, then DOJ appeals to the 11th Circuit. 

See link: Prosecutors hit back at Trump’s accusations of political bias in classified documents case

Judge Aileen Cannon has scheduled a hearing date of March 1, 2024 to review the start date of May 20, 2024. The Republican Party Convention would be July 15 -18, 2024. I am certain she doesn’t look forward in scheduling a trial as Trump is completing the primary campaign. 

Selective prosecution is not a defense in the courtroom, but is one to add to House Republican’s attack on Biden with impeachment, Rep. Jim Jordan’s committee investigating the weaponization of government, and the radical MAGA Republicans. Any trial, in any courtroom from now until election day, will be blamed on President Biden.

If Trump is elected, there will be no Special Counsel, and no prosecution of Trump for the January 6 attack or the Classified Document’s case. He can avoid the Georgia conspiracy trial, because he is the sitting president. So, now as an ex-president, he likely will lose the claim of immunity, but once president, he will not stand trial in Georgia. 

I said the scheduling has been clarified, as it looks like the Hush Money goes first. What should follow is any one of the remaining 3 cases. 

The Special Counsel’s brief asking Judge Cannon to reject the need for additional documents sought by Trump’s legal team is given below. I believe Trump lawyers may file a reply brief. I fear Trump’s lawyers are winning at the delay game.

Stay tuned,

Dave

aa-trumps-document-case-discovery-filingDownload

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. 

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. 

__

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