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Post by Webster on Apr 22, 2024 11:26:17 GMT -5
(The Guardian) What’s happening today?Likely to come first is what’s known as a “Sandoval” decision. Here, the judge rules in advance about what prosecutors are allowed to ask Trump if he takes the stand – helping Trump decide whether to do so. (He has said he would, but signs indicate he may not.) In this case, prosecutors have asked the judge for several things, such as permission to ask Trump about the two civil fraud trials he just lost: one for defaming E Jean Carroll after she accused him of raping her, which a judge ruled was “substantially true”, and the other for fradulently inflating the value of his properties. They also want to grill him, among other matters, about criticism from a judge in a different case that Trump didn’t seem to be a truthful witness. Colour us shocked.
Next up most likely would be opening statements. The prosecution will probably try to frame the trial not as a sex scandal, but as another case of Trump’s attempts to interfere with elections. After all, that’s what they argue elevates this case to a felony: the prosecution say Trump falsified business records (normally a misdemeanour) in order to violate US campaign finance law (a federal crime). Politico also reports that people close to the case say the prosecution will be working hard to “rehabilitate the credibility” of Michael Cohen – Trump’s former fixer, who already served time for his role in the hush-money payments, but who has also previously been found guilty of lying in court. Luckily for them, there is a fair amount of evidence to corroborate Cohen’s central claim: that he paid Stormy Daniels at Trump’s behest. The defense, for their part, will be trying to downplay the events as a sordid but forgivable case of trying to hide an affair, which doesn’t rise to the level of a federal crime. They’ll also likely pile on Cohen’s own shady history in order to throw doubt on his claim that he discussed the deal with Trump in the Oval Office in 2017. Trump himself may or may not testify. The one thing we know he’ll definitely do, however, is pitch the trial every day in the courthouse corridors to anyone who will listen as a “Biden-inspired witch-hunt” – evidence that he sees two juries: the 12 people in the courthouse and the 160 million-plus American voters, who, let’s remember, could still elect him even if he’s convicted.
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Post by Webster on Apr 22, 2024 11:26:46 GMT -5
(The Guardian) If there’s enough time in the day (court may wrap around 2pm today because of Passover), the trial could see its first witness. This is expected to be David Pecker, the CEO of American Media Inc (AMI), which publishes the National Enquirer. Pecker will be asked about his alleged deals with Trump to “catch and kill” negative stories by buying them from people and then not publishing them, in order to save Trump the bad publicity before the 2016 election. For example, there’s the Trump Tower doorman who said he heard Trump fathered a child with one of his employees (a story that turned out to be false but the National Enquirer bought anyway, to kill it). And there’s the model Karen McDougal, who said she had a 10-month affair with Trump while his wife, Melania, was pregnant with his son Barron (though the judge has ruled that the prosecution cannot mention that little titbit). AMI paid McDougal $150,000 to stay quiet. In a twist, AMI actually decided not to pay Stormy Daniels for her story, balking at her $120,000 asking price. That’s why it was left to Trump’s fixer Cohen to make the payments ($130,000 in the end) directly to her attorney. History turns on such things.
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Post by Webster on Apr 22, 2024 11:28:26 GMT -5
(The Guardian) Trump leaves for courtDonald Trump left Trump Tower, waving to assembled press, and is on his way in a motorcade to the Manhattan central courthouse. Trump arrives at New York courthouse for opening statementsDonald Trump has arrived at the Manhattan central courthouse for the opening in earnest of his criminal trial, likely to include opening statements today. The Guardian’s Victoria Bekiempis and Hugo Lowell are at the courthouse.
Donald Trump was seen raising a fist to the cameras as he departed Trump Tower to head to Manhattan court this morning. The former president has in the past week addressed the media before heading inside the courtroom ahead of court proceedings, which get under way at about 9.30am ET.
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Post by Webster on Apr 22, 2024 11:29:12 GMT -5
(The Guardian) Donald Trump’s Manhattan criminal trial in his hush-money case starts in earnest this morning with opening statements that mark a momentous day in US history. Trump is the first American president, former or sitting, to face a criminal trial and the proceedings also play out against a 2024 presidential race in which Trump is almost certain to be the Republican nominee to face Joe Biden. The first week of Trump’s trial was characterized by comedy and, at one point, tragic chaos. Over four days of jury selection, Trump had to listen to his fellow New Yorkers talk about why they could not be fair jurors in his trial. But on Friday afternoon, right as the six alternate jurors were chosen, a man set himself on fire across from the 100 Centre Street courthouse. The man, who succumbed to his injuries, left behind pamphlets and an online screed in which he outlined numerous conspiracy theories that seemed to have little specifically to do with Trump but were more broadly anti-government and anti-tech industry, among other targets.
Donald Trump is walking into the courtroom, trailed by a procession of attorneys and paralegals, in advance of opening statements in his hush-money trial. A coterie of photographers has entered the courtroom to snap photos of the ex-president who, in moments, will be the first commander-in-chief, present or former, to face opening statements in a criminal trial. While jury selection last week did mark the commencement of Trump’s hush-money trial, it gains momentum this morning with expected opening statements.
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Post by Webster on Apr 22, 2024 11:58:22 GMT -5
(The Guardian) Court is in sessionThe court is now in session. Opening statements are expected to begin soon. The prosecution will probably try to frame the trial not as a sex scandal, but as another case of Trump’s attempts to interfere with elections. After all, that’s what they argue elevates this case to a felony: the prosecution say Trump falsified business records (normally a misdemeanor) in order to violate US campaign finance law (a federal crime). The defense will be trying to downplay the events as a sordid but forgivable case of trying to hide an affair, which doesn’t rise to the level of a federal crime. They’re also likely to pile on Cohen’s own shady history in order to throw doubt on his claim that he discussed the deal with Trump in the Oval Office in 2017. Trump: 'It's a very, very sad day in America'Donald Trump addressed reporters before entering the Manhattan courtroom, where he complained about his treatment and once again described himself as a victim of a “witch hunt”. “What’s going on right here should never be happening. It’s a very, very sad day in America,” Trump told reporters. The former president focused much of his remarks on the New York attorney general, Letitia James, and her civil fraud suit against him. James is “the worst attorney general in the country,” Trump complained.
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Post by Webster on Apr 22, 2024 11:59:48 GMT -5
(The Guardian) Judge Juan Merchan has taken the bench and greeted the court: We have a couple of housekeeping matters to take care of before we get started. -- He asks how long openings will be. Prosecutors said about 40 minutes; defense said about 25.He also informed the court that one juror was having cold feet. -- My understanding that the juror was concerned about the media attention and wasn’t 100% sure they wanted to be here today. The juror is here today I think we should speak to the juror.Because there’s a courtroom full of people, they will confer with the juror in the robing room.
Judge Juan Merchan says a juror who expressed concerns is staying on the panel. He says: Juror No 9 is going to remain with us, so that’s not going to be an issue.
Judge Juan Merchan is reading his ruling on the Sandoval hearing, which determines what prosecutors are allowed to ask Donald Trump if he takes the stand – helping Trump decide whether to do so.
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Post by Webster on Apr 22, 2024 12:00:21 GMT -5
(The Guardian) Judge Merchan is handing down his decision about what evidence prosecutors could ask Donald Trump on cross should he take the stand. Prosecutors will be able to ask “that on September 6, 2023 the defendant was found to have defamed E Jean Carroll in public statements in 2019 by making statements of actual malice”. Prosecutors will also be able to ask about compensatory and punitive damages Carroll received. They can also ask about how Trump was found in New York attorney general Letitia James’s civil case against him “to have by fraudulently misstating the value of his assets for an economic benefit”.
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Post by Webster on Apr 22, 2024 12:00:59 GMT -5
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Post by Webster on Apr 22, 2024 12:01:26 GMT -5
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Post by Webster on Apr 22, 2024 12:03:04 GMT -5
(The Guardian) At present, in advance of openings, judge Juan Merchan is instructing jurors on the law. “Defendant is not required to prove that he is not guilty,” Merchan said. -- The defendant is not required to prove or disprove anything.Prosecutors, he said, have the burden of proof. The jury’s findings, Merchan said, must not “be influenced in any way bias prejudice sympathy or by a desire to bring an end to your deliberations …” This is all standard in criminal trials, of course – judges always instruct jurors on reasonable doubt what this metric means. If prosecutors don’t prove their case beyond a reasonable doubt, jurors must acquit. If prosecutors do, they must convict. Jurors are looking at Merchan as he addresses them. Donald Trump seems attentive. This reporter has not detected any sleepiness thus far.
As judge Juan Merchan continued with his instruction to jurors, a brief flicker of humor emerged. Someone in the courtroom sneezed. Merchan paused his reading, said “Bless you,” and then continued. A chuckle could be heard here and there.
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Post by Webster on Apr 22, 2024 12:06:07 GMT -5
(The Guardian) Prosecution begins opening statementsManhattan district attorney prosecutor Matthew Colangelo has begun his side’s opening statement. He says: This case is about a criminal conspiracy. The defendant, Donald Trump, orchestrated a scheme to corrupt the 2016 election. Then he covered up that scheme by lying in his New York business records, over and over and over again. Prosecution: 'This case is about criminal conspiracy'The prosecution’s opening statement has just started. Prosecutor Matthew Colangelo says: This case is about a criminal conspiracy and fraud. The defendant, Donald Trump, orchestrated a criminal scheme to corrupt the 2016 presidential election then, he covered up that conspiracy by lying in his New York business records over, and, over, and over again.Trump “invited his friend, David Pecker, to a meeting at Trump Tower in Manhattan”, he says. Pecker, Cohen, and Trump met “as part of that agreement, Michael Cohen paid $130,000 to an adult film actress named Stormy Daniels ... to silence her, and to make sure the public did not learn about a sexual encounter with the defendant”. -- The defendant said in his business records that he was paying Cohen for legal services pursuant to a legal agreement but those were lies: there was no retainer agreement Cohen was not paying for legal services, the defendant was paying him back for an illegal payment to Stormy Daniels on the eve of the election … he wanted to conceal his and others’ criminal conduct.
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Post by Webster on Apr 22, 2024 12:07:18 GMT -5
(The Guardian) Manhattan DA prosecutor Matthew Colangelo sketches out in his opening statement the link between Donald Trump’s alleged falsification of business records and the alleged campaign finance law violation – which is what would elevate the crimes into felonies. Colangelo tells the jury that Trump’s “catch-and-kill” with David Pecker and the National Enquirer was all geared towards helping the Trump campaign. There were three parts to the conspiracy, he says: --An agreement to run positive coverage in the National Enquirer --An agreement to attack opponents --An agreement to act as the “eyes and ears” for the campaign
The prosecution has discussed the various schemes including one involving Karen McDougal, the Playboy model who claimed to have had an affair with the married Trump. Manhattan district attorney Matthew Colangelo said that “Pecker will also testify that 150,000 was way more than AMI (American Media) would normally pay for this kind of story, but he discussed it with Donald Trump and he discussed it with Michael Cohen, and he agreed on the deal with the understanding what Trump would find a way to pay AMI back.” “The company coordinated directly with the candidate,” Colangelo also said of AMI. He told jurors that they would hear Trump on tape talking about the deal.
On 7 October 2016, the Washington Post published a video of Donald Trump caught on a hot mic on the set of a television show called Access Hollywood – “he didn’t know he was being taped,” Manhattan district attorney Matthew Colangelo said. Colangelo then read a transcript of Trump’s statement on the hot mic, quoting Trump saying that he could grab women “by the pussy”. Colangelo said: Those were Donald Trump’s words, on a video, that was released one month before election day.
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Post by Webster on Apr 22, 2024 12:08:15 GMT -5
(The Guardian) Donald Trump has been frowning while Manhattan DA prosecutor Matthew Colangelo tells the jury about Trump’s alleged affair with Stormy Daniels. He has kept his eyes trained downwards on the table. Trump has also occasionally cocked his head to the side while fiddling with papers in front of him. With his brow still furrowed, Trump appears frustrated for the first time as Colangelo reads out part of the infamous Access Hollywood tape to the jury, where he brags about grabbing women “by the pussy” – after which he passes a note to his lawyer Emil Bove.
“The campaign went into immediate damage control mode,” Manhattan DA Matthew Colangelo said. The campaign quickly framed it as “locker room talk”, but not action. Hence the danger of Stormy Daniels’ story, which came on to their radar one day after the Access Hollywood tape. The Daniels story showed that his boorish behavior extended to actions, Colangelo told jurors. Colangelo’s narrative is key here. The prosecution is trying to establish that Trump was desperate to keep a lid on damaging info. Colangelo said: Another story about infidelity, with a porn star, on the heels of the access Hollywood tape, would have been devastating to his campaign.
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Post by Webster on Apr 22, 2024 12:09:23 GMT -5
(The Guardian) Prosecution: 'It was election fraud, pure and simple'Manhattan DA Matthew Colangelo said: Look, no politician wants bad press, but the evidence at trial will show that this wasn’t spin or communication strategy. This was a planned, coordinated, long-running conspiracy to influence the 2016 election, to help Donald Trump get elected through illegal expenditures – to silence people with something bad to say about his behavior.He added: It was election fraud, pure and simple.Colangelo said “we’ll never know” whether this conspiracy made the difference “in a close election”. While Colangelo is sticking to the facts, his word choice is keeping things interesting – which, admittedly, can be hard in a record about allegedly illicit financial records. Among the entertaining quips was when he described a meeting between Michael Cohen and former Trump Organization CFO Allen Weisselberg – who pleaded guilty – to discuss how his ex-lawyer would be repaid. Neither Trump nor the Trump Organization could just write a check to Cohen for $130,000 with a memo line that said ‘reimbursement for porn star payoff’ – they had to disguise the nature of the repayment, so they agreed to cook the books and make it look like the repayment was actually income.
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Post by Webster on Apr 22, 2024 12:10:38 GMT -5
(The Guardian) Manhattan DA Matthew Colangelo also used Trump’s purported cheapness as evidence of motive. Michael Cohen paid $130,000 in the Daniels payoff. But, he was ultimately repaid $420,000. Per Colangelo, Cohen and former Trump Organization CFO Allen Weisselberg had met to discuss how Cohen would get repaid. They added $50,000 to the tab for “tech services” Cohen paid for during the campaign, and then doubled that sum “to account for taxes”. The final amount Trump ultimately paid effectively showed that Trump knew his payoff was wrong. Colangelo said: Donald Trump was a very frugal businessman. He believed in pinching pennies … He believed in negotiating every bill.With Cohen, Colangelo emphasized, Trump did not hold back money. -- Donald Trump’s willingness to do so here shows just how important it was to hide the true nature of Cohen’s [payment] to Ms Daniels and the overall election conspiracy they had launched in August of 2015.
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