Trump’s hush-money criminal trial starts Monday with jury selection. He is required to attend. Can Trump get a fair trial? Ponder that while reading further.
The Day Has Arrived
The Wall Street Journal reports Trump Tried Everything to Avoid a Criminal Trial. The Day Has Arrived.
The case of People v. Trump itself is a mixed bag, with the lowest stakes of the four prosecutions he faces. Trump would have no mandatory prison term if convicted. Despite the salacious back story, the case at its core is about documents: whether Trump falsified the business and financial records that accounted for the hush money. Still, the case, brought by Manhattan District Attorney Alvin Bragg, may be the only one of Trump’s criminal cases to wrap before Election Day. [Mish Comment: This Is Key]
The trial promises to bring a circuslike atmosphere to lower Manhattan for weeks. Barriers and a heavy law-enforcement presence are set to surround the courthouse, where, on the 15th floor, Secret Service agents will escort Trump in and out of the courtroom. Trump is required to attend the trial. That means he will spend four days a week seated at the defense table instead of campaigning. Trump’s political team has been trying to use his predicament as an unconventional springboard for rallying supporters.
The 34 felony counts in the indictment are all tied to records that prosecutors said Trump falsified as he reimbursed Cohen for the Daniels deal. They include 11 invoices, 12 general ledger entries and 11 checks.
State prosecutors alleged that each of the 34 counts against Trump constitutes felonies because the former president “made and caused” the false record entries with intent to commit or conceal another crime.
Trump’s case is unusual because he is charged solely with falsifying records, and not other crimes. More typical cases include both. The uniqueness of the charges also means it is unclear what potential punishment Trump faces if a jury finds him guilty.
State Supreme Court Justice Juan Merchan, who is presiding over the case, would have significant discretion in determining a sentence. The judge may be unlikely to sentence a first-time offender to jail for what is a recording crime, said Cheryl Bader, a law professor at Fordham University.
A Recording Crime
District Attorney Alvin Bragg took each receipt, invoice, and ledger receipt and made a separate felony charge out of each of them.
Then Bragg twisted those charges into an intent to commit other crimes. Yet Trump is not charged with other crimes, only falsifying records. And it’s plausible that Trump had no direct knowledge of the mess.
Michael Cohen
This story goes back to Michael Cohen, a former attorney of Donald Trump, who landed in prison for by paying adult-film star Stormy Daniels $130,000 in 2016 to keep quiet about an alleged sexual encounter she had with Trump a decade earlier.
The Journal notes that Falsifying business records is a misdemeanor under New York state law, but it can be elevated to a felony if records were falsified to conceal or commit another crime.
What other crime? Trump is charged with none.
Michael Cohen, Admitted Liar
Politico reports Michael Cohen is an admitted liar. He’s still going to be the star witness against Trump.
By his own admission, he has lied in court. He has lied to the media. And he has pleaded guilty to lying to Congress. Now, he’s set to be state prosecutors’ key witness against Donald Trump.
Michael Cohen, the former president’s fixer-turned-foe, is expected to tell jurors in the criminal trial starting Monday that Trump directed him to pay $130,000 in hush money to porn star Stormy Daniels so that she wouldn’t go public in the final weeks of the 2016 election with an allegation about a sexual encounter with Trump. Prosecutors have accused the former president of falsifying business records reflecting Trump’s reimbursements to Cohen.
But while the prosecution’s ability to prove its case at trial could hinge on Cohen’s first-hand account of the hush money arrangement, Cohen also may be its most problematic witness due to long-running questions about his ability to tell the truth.
“If a jury doesn’t believe him, that’s it,” said Catherine Christian, a former Manhattan assistant district attorney.
Cohen pleaded guilty in 2018 in two federal cases to a handful of crimes, including campaign-finance violations stemming from the hush money payments, tax evasion and making false statements to Congress. He was sentenced to three years in prison.
Michael Cohen was a liar and a sleaze. He lied to everyone, committed felonies and was sentenced to three years in prison.
Did he cut a deal with the DA to implicate Trump for a reduced sentence?
The story gets messier.
Soon after his guilty pleas, Cohen began saying publicly that he hadn’t committed tax evasion, despite having told a federal judge, U.S. District Judge William Pauley, in court that he had. And when Cohen attempted to get his sentence reduced, federal prosecutors said they had “substantial concerns about Cohen’s credibility as a witness” and that, following his sentencing, he “made material false statements” during meetings with prosecutors and the FBI. Prosecutors declined his offer to meet with them again.
Then, last fall, Cohen faced Trump for the first time since their split, testifying in New York state court in the civil fraud trial against the former president. During that testimony, Cohen again remarked — this time, under oath — that he hadn’t committed tax evasion. And he said he had lied to the judge when pleading guilty.
“So, sir, you lied at the time — you lied more than once in federal court, correct?” Trump lawyer Alina Habba asked Cohen. He replied: “Correct.”
He also testified that he had cooperated with the government and had “refused” a letter from federal prosecutors in which they would have argued for him to receive a lighter sentence in exchange for his cooperation. Federal prosecutors, however, have said in court filings that Cohen’s assistance “fell well short of cooperation” and therefore he wasn’t offered a cooperation agreement or a corresponding letter.
“Michael Cohen is a liar. He recently committed perjury, on the stand and under oath, at a civil trial involving President Trump,” Trump lawyers Todd Blanche and Susan Necheles wrote. “If his public statements are any indication, he plans to do so again at this criminal trial. The Court should preclude Cohen’s testimony in order to protect the integrity of this Court and the process of justice.”
Summation
- The star witness is a repeated liar and perjurer to the courts and to Congress.
- The case against Trump is a misdemeanor under New York state law.
- The law allows an upgrade to felony status if the false record entries with intent to commit or conceal another crime.
- The case of intent to commit or conceal another crime is so weak the Manhattan DA did not charge Trump with any other crime.
Can Trump Get a Fair Trial?
That’s actually the wrong question. The right question is: Should there be a trial?
Since there should not be a trial at all, by definition a trial cannot be fair.
The charges are remarkably shaky and so is the key witness. It only takes one holdout to reach the correct conclusion, that felony charges are a sham.
Irony Abounds
Curiously, despite the fact that the trial itself is unfair, Trump is highly likely to be the beneficiary.
Importantly, this New York circus takes time away from much stronger cases of election interference in Georgia.
The Georgia case genuinely merits a trial although District Attorney Fani Willis made a circus out of that case too by hiring her boyfriend, Nathan Wade, as the lead prosecutor.
By overplaying their hand everywhere, for clearly political and personal reasons, these district attorneys dramatically improved the odds of Trump being elected.
Black Voters Abandoning Biden In Huge Numbers
For more on the election, please see Swing State Poll Shows Black Voters Abandoning Biden In Huge Numbers
Also see If Biden Loses the Election, What Will Be the Top Reason?
This is pure crack for the media.
No one is following this “trial” because its just a bunch of third world bullsh!t.
Everyone is following whether the corrupt judges and DAs get disbarred and sent to prison.
NYC runs on taxes (duh!) and if real estate is worth 50% of what it used to be, then NYC taxes will have to be slashed accordingly. NY state gets 62% of its revenue from NYC area income taxes, so a massive drop in NYC will devastate NY state revenue as well. Both the city and state have fiscal problems already.
For those who own REITs with heavy exposure to NYC (or northern NJ), the trial doesn’t matter but the third world bullsh!t does. No one is going to pay millions for a building when the rule of law has broken down, and liability is based on politics.
For those who own NY municipal bonds (NY state or NYC or MTA or Port Authority) … this third world bullsh!t is going to make it obvious that barely investment grade muni bonds should be repriced as junk.
Like it or not, Trump is not the one on trial. He is soon to be re-elected President of the United States, because the alternatives are much much worse than him.
New York City and New York State are the ones on trial, and its not looking good for either.
I wonder if the jury understands what effect this is going to have on the solvency of NYC / NY state? Their own taxes? Their own government services? They will send Alvin Bragg to prison once they figure it out
There is no denying that this is a lightweight legal proceeding and the most inconsequential of the bevy of indictments against the former POTUS. But Trump too is notorious for loading up the court system with law suits of all kind. Where he is the plaintiff, the suits generally are dismissed. Where he is the defendant, the track record is mixed. But he does not always prevail. This is New York. Politics is a blood sport and DA’s are political. A reminder: prostitution ended the career of a NY Democratic Governor. Just sayin’
How to end the Bill of Rights and freedom. Pass lots of laws that are sketchy. Throw away equality under the law by refusing to question or stop “prosecutorial discretion”. Let officials freely ‘pick n’ choose’ what laws to enforce on whom according to whims. Also, convict unpopular people using arbitrary laws in which no real victim emerges.
This is a tablod trial. Just the envornment Trump knows how to shine in. Everyone knows he is a Holywood player, so there is nothing here. The trial is a big stage that Trump will use to ride himself into the white house.
Guilty or innocent, makes no difference, except in the minds of Dems who are making a huge mistake allowing Trump back on stage. They think a guilty verdict will help them. Wrong. Rule 1: Never put Trump on a national stage, because he will use it to his advantage. That was the lesson in 2016. In 2020, the MSM learned from their mistake, and censored him. Here we are, in 2024, and he is going back on a national stage. And the Dems put him on it. Everyone in the world will watch Trump perform his magic again.
SocalJim,
“Everyone in the world will watch Trump perform his magic again.”
Good analysis. Yes, while Trump won’t be able to be out campaigning hither and yon because of the trail, he’ll most definitely be effectively campaigning during the trial. This also has “Fani Willis” written all over it.
I hope that the American public, at least the reasonable and rational ones, see this show trial for what it is: a callow attempt by the Dems to get Trump. Perhaps this excess will end up with the Democrats being the ones being on trial.
Is this a “he said, she said” situation?
how many times did Stormy bang Trumpy? Once? maybe never? I think she holds the record for most expensive whore ever, at six-figures plus!! $$$$
My understanding is Trumps attorneys have in possession a letter signed by Daniels that says there was never any encounter between Her and Donald Trump.
If true then there was no reason to pay hush money which is not illegal from get go.
Unless a person is in to soap operas on day time TV spend your time doing more productive things then following this case.
Actually the letter is not speculative. It exists. Stormy said she had to sign it to get paid.
So, are you suggesting she lied to get paid?
Put her on stand along with a convicted perjurer and Bragg is supposed to prove what Donald Trumps intentions were.
So what does Bragg have on Daniels and Cohen the man who plead guilty of lying to Congress?
add: looking at results of my paper shredder in action sums up what Trumps attorneys will be doing to Alvin Bragg.
Case will prove to all America Donald Trump assertion this is all about election interference and nothing to do with administration of justice.
Swamp creatures getting exposed by all this.
so bottom line, she’s the highest paid prostitute in history?
I saw that. Found it hilarious that it was signed with her stage name and not her legal name.
First question by Defense for Ms.___________________ fill in the blank,
What were you promised by DA Bragg in return for testifying in this case or is this just you doing your Civic duty?
I will leave it to others as to first question for Mr. Cohen.
What does matter is Empire State manufacturing was released this morning’s
economic calendar.
April 15 -14.30
March 15 -20.90
Feb 15 -2.40
Jan 16 -43.70
Dec 15 -14.50
Nov 15 9.10
Oct 16 -4.60
Sep 15 1.90
Aug 15 -19.00
Juy 17 1.10
Jun 15 6.60
May 15 -31.80
Guess that I Love NY not do doing so good anymore.
Need a distraction from economic blight afflicting State.
Let’s get Trump.
What perplexes me is how the liberals are okay with the blatant weaponization of our judicial system against a political opponent. To them the end justifies the means although it violates everything our country stands for. I am no Trump fan but the democrats are rallying his base with this. What politician has not paid off an indiscretion. I believe congress has a slush fund set up for this very purpose and its probably fully utilized. Why is the IRS not prosecuting Trump as this is more a tax related item by misclassifying expenses. How can this not amount to malicious prosecution which is illegal. In the meantime they idolized BLM as they burned looted and murdered. We are circling the drain.
Yes indeed. McConnell used the weaponization of Senate rules to deny a sitting President the ability to replace a Supreme Court justice. Weaponization of courts and/or the legal system is a most bipartisan affair.
Not even close to the same thing.
This country has a long tradition of putting a token rich criminal in jail from time to time. Trump self-selected for this honor by running his mouth too much.
Real estate and banking are the biggest frauds in the system. They are in cahoots and systemically a conflict of interest. Throw in derivatives on real estate and banks and developers are biggest frauds of all time.
don t take my word for it, you can be pretty sure though that evwytin’ s due to the lack of a baculum…..
This criminal is running for president ?
If that’s a concern know that Jimmy Carter is eligible for another term. He can die peacefully knowing he wasn’t the worst.
“This criminal is running for president ?”
You meant Biden, of course….
And losing. Again.
The background stories of this case, especially the ones concerning David Pecker and Dylan Howard of the National Enquirer, demonstrate conclusively that Trump is a complete sleaze bag. How Melania can stand by a person like that is a mystery. That said, it’s well possible that Americans want to see a sleaze bag in the White House come 2025.
I am sure you voted for Bill Clinton right.
Why does Bill Clinton’s escapades excuse Trump’s sleaziness?
The term is ‘peccadillos’.
National Enquirer? Where do you buy your groceries?
Here is a helpful link for you. link to overcast.fm
i use self-checkout these days.
His cult is composed of sleaze bags wrapped in the flag. He’s perfectly on brand.
Michael Cohen, Admitted Liar…
When Cohen was lying it was on behalf of Trump, when he committed fraud it was on behalf of Trump. Trump employed Cohen to engage in illegal activities. Cohen went to prison for the crimes he committed on behalf of Trump. Not sure how Demented Don gets out of this one.
Hiring an attorney to represent you is standard legal practice. The fact that many attorneys have unethical practices is a separate issue.
Charley Foxtrot. Democrats. Corrupt fascists. But I repeat myself.
Election night in 2016 was truly magical. This year will surpass it significantly.
T vid on ZH, with a Ringo Starr quote.
“I did NOT have ‘sex’ with THAT WOMAN!” – PRESIDENT William “Wee Willie” Clinton, “Chief Penis-hanging-out-of-Trousers” President who patted THAT WOMAN on the top her head while she did the deeds.
Lyndon Johnson was worse in every way.
The GA case is just as weak as all the rest. This is election interference of the highest order. Trump will prevail….in November.
This case will be dismissed in appellate court.
Alvin Bragg will be charged with election interference, a federal felony. He will most likely end up in prison himself, but he will definitely get disbarred.
Other NYC real estate developers are already in a total panic. If these political witch hunts are allowed to stand, no real estate developer will ever get another loan in NYC ever again. NYC had a republican mayor and NY a republican governor when Trump did or didn’t do things that are not really felonies — the political pendulum swings back and forth between dems and reps.
A lot of NYC developers who detest Trump are already giving NY Gov Hutchul and ear full — even developers who are die hard democrats.
NYC real estate will be destroyed, and with it NYC’s property tax base. Even for those who hate Trump, this is will hurt New York City far more than it hurts Trump.
It is third world bullsh!t, and it makes a mockery of the NY state bar association that it was allowed to get this far. Every lawyer in NY state should feel ashamed. — it used to be the most respected state bar in the country.
Glad the developers are scared. They are all tax cheats and should be prosecuted for fraud. Real estate is the biggest tax fraud there is because it is tied up with the banking industry.