NY - Ex-President Donald Trump, charged with 34 criminal counts of falsifying business records, Apr 2023, Trial 25 Mar 2024 #2

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Analysis: Blanche starts to lose steam​


Trump lawyer Todd Blanche is starting to struggle in his defense as the court moves on to Trump's social media posts about Mark Pomerantz, a former prosecutor who oversaw the Manhattan District Attorney Office’s investigation into Trump, and Michael Cohen, Trump's former lawyer who has testified against him.

Blanche says this is not an attack on Cohen; it is an attack on the system, or more specifically, on the DA’s office for not prosecuting Cohen for lying on the stand while Allen Weisselberg was prosecuted for perjury and is in jail.

Merchan again presses, “What statement is this responding to?” Blanche says he is not responding to a statement so much as he is complaining about two systems of justice in this courtroom. Merchan sounds incredulous: “He’s saying there are two systems of justice in this courtroom?” Blanche sounds sheepish, “Yes, Your Honor.”
 
Trump lawyer Blanche and Merchan are engaged in a back-and-forth about whether a repost by Trump constitutes an endorsement.

Blanche argued that Trump’s reposting of an article on his Truth Social platform does not qualify as an endorsement.

Merchan pressed Blanche to show him what case law he has to support that.

Blanche replied, “I don’t have case law ... but it’s just common sense, Your Honor.”
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Merchan's apparent frustrations with Blanche just reached a boiling point.

"Mr. Blanche, you’re losing all credibility with this court,” Merchan said. The judge's remark came after Blanche argued that Trump is trying hard to comply with the gag order.
 
Contempt hearing: On Violations of Gag Order
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Merchan reviews the purpose of the hearing—whether we'll find Trump in contempt "for one or all of these alleged violations," Merchan says. "I believe it's the People's burden. I'll hear you."Conroy distributes documents to the bench.
So what is the good judge going to do with all these violations? oh, let me see- he will bark, but not bite- he will fine him a few thousand dollars and threaten- " if you continue"--- yada yada yada-- and that will be that- another toothless threat- that is what I think will happen-- I would like to be wrong.
Trump lawyer Blanche and Merchan are engaged in a back-and-forth about whether a repost by Trump constitutes an endorsement.

Blanche argued that Trump’s reposting of an article on his Truth Social platform does not qualify as an endorsement.

Merchan pressed Blanche to show him what case law he has to support that.

Blanche replied, “I don’t have case law ... but it’s just common sense, Your Honor.”
-----
Merchan's apparent frustrations with Blanche just reached a boiling point.

"Mr. Blanche, you’re losing all credibility with this court,” Merchan said. The judge's remark came after Blanche argued that Trump is trying hard to comply with the gag order.

The judge knows, anybody with a brain knows, Trump has repeatedly violated the gag order over and over and over again. Now, what is the good judge going to do about it?
 
So what is the good judge going to do with all these violations? oh, let me see- he will bark, but not bite- he will fine him a few thousand dollars and threaten- " if you continue"--- yada yada yada-- and that will be that- another toothless threat- that is what I think will happen-- I would like to be wrong.


The judge knows, anybody with a brain knows, Trump has repeatedly violated the gag order over and over and over again. Now, what is the good judge going to do about it?
I believe that Trump wants the judge to throw him in jail. Riling up his supporters + adding to his martyr complex = a happy Trump. Plus, the campaign donations would probably increase. IMO.
 
Merchan said that he will "reserve a decision" on whether Trump violated his gag order through posting on social media.

It's noteworthy that Merchan has decided to reserve judgment on the issue. If there’s truly harm in allowing the former president to post about potential witnesses in the middle of the trial, then every day that this goes on unaddressed theoretically affects the proceedings. It's unclear when the judge will rule.

Merchan called for a short break at about 10:45 a.m. ET, with the court set to reconvene at 11 a.m. ET.

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Trump went after Merchan in a post on social media at 11 a.m. ET, following the contentious gag order hearing.

"Highly conflicted, to put it mildly, Judge Juan Merchan, has taken away my constitutional right to free speech," Trump wrote in an all-caps message on Truth Social. "Everybody is allowed to talk and lie about me, but I am not allowed to defend myself."

"This is a kangaroo court," the former president added, "and the judge should recuse himself."

Merchan has already denied a motion from the defense that he recuse himself from the trial.
 
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Merchan said that he will "reserve a decision" on whether Trump violated his gag order through posting on social media.

It's noteworthy that Merchan has decided to reserve judgment on the issue. If there’s truly harm in allowing the former president to post about potential witnesses in the middle of the trial, then every day that this goes on unaddressed theoretically affects the proceedings. It's unclear when the judge will rule.

Merchan called for a short break at about 10:45 a.m. ET, with the court set to reconvene at 11 a.m. ET.
From what I understand, he's not going to rule from the bench on this matter. Possibly a ruling later today (jury goes home at 2pm today, I believe)?
Also, it looks like the defendant has posted on TS about the judge a few minutes ago.
He just can't control himself IMO.
 
I will use this article as reference in my notes - or maybe another if I can find one. :)


I shall add this one too!

 
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From what I understand, he's not going to rule from the bench on this matter. Possibly a ruling later today (jury goes home at 2pm today, I believe)?
Also, it looks like the defendant has posted on TS about the judge a few minutes ago.
He just can't control himself IMO.
He can't control himself, but by the same token, there are no consequences for his out of control behavior: never has been---so why bother even trying to control himself-- The judge should rule properly on these massive out of control violations of the gag order- he is actually taunting the judge- the judge can't worry about whether Trump will play the martyr role, or will get more donations, that is not the judge's job: his job is to rule in accordance with the rule of law, and so far, no judge is willing to do that.
 
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@kaitlancollins
Trump comments on the jury in a new interview, saying, “That jury was picked so fast. 95% Democrats…You think of it as a purely Democrat area. It's a very unfair situation that I can tell you.” Our experts say that’s another violation of the gag order:



@MaddowBlog

"You have Donald Trump clearly goading the judge."
@AWeissmann_ talks with Rachel Maddow about how Judge Merchan should deal with Donald Trump testing the limits of the gag order in his criminal trial by criticizing the jurors

Didn’t his lawyers also approve of the jury selection??
 
A change of venue would have made getting a non biased jury possible. JMO.
It really doesn't help these prosecutions look less politically motivated in that they're all taking place in heavily Dem jury pool areas. Imagine if Hillary Clinton went on trial in a rural Mississippi county?

Hopefully the jury are less partisan than, just about everyone else involved.
 

Pecker recalls the first use of "catch and kill" to bury a Trump story​

Pecker described reaching out to Cohen after a National Enquirer editor received a tip that a Trump Tower doorman was trying to sell "a story that Donald Trump fathered an illegitimate girl with a maid at Trump Tower."
Pecker later concluded that the story was not true. As he described the allegation in court, Trump could be seen shaking his head, turning to Blanche and mouthing "no."
Pecker said when he first learned of the story in 2015, "I immediately called Michael Cohen and described exactly what I was told." He gave Cohen the doorman's name, Dino Sajudin, and that of the maid, and asked Cohen to verify they worked at Trump Tower.
"Immediately, Michael Cohen says to me, 'Absolutely not true, but I'll check it out,'" Pecker testified.
Pecker later called Cohen and told him a National Enquirer editor negotiated to buy the story for $30,000. It was the first time the publication had ever decided to purchase a story about Trump, he testified. The price was far more than what the tabloid typically paid, which he said was up to $10,000 for the stories about the biggest celebrities.
"I said I'll pay for it, this is a very big story and it should be removed from the market," Pecker said he told Cohen.
"He said, 'Thank you,' and, 'The boss will be very pleased,'" Pecker testified, later clarifying that it was apparent "the boss" was Trump.
Jurors were shown the "source agreement" for the story, signed by Sajudin, who is among those who might testify during the trial.
It included the following provision, and a warning that Sajudin could be sued for $1 million if he violated it:
"Source shall provide AMI with information regarding Donald Trump's illegitimate child, and any and all documentation, including but not limited to letters and any legal documents, and photographs in Source's possession relevant to the Exclusive," the document said.
Pecker said he told Cohen that if the story was true, he would consider publishing it after the election, when it would not "embarrass the campaign."
"I thought if the story was true … it would be probably the biggest story for the National Enquirer since the death of Elvis Presley," Pecker testified.
The Enquirer never published the story. An invoice for payment to Sajudin was described internally as "regarding 'Trump' non-published story."
BY GRAHAM KATES
 

Court is done with testimony for the day. The jury is getting instructions before they are let out.

David Pecker testified for a little more than two hours today.

These are the 3 "catch-and-kill" schemes prosecutors are pointing to as they present their case​

From CNN's Katelyn Polantz

There are three "catch-and-kill" schemes prosecutors are working to show the jury evidence about to support their case against former President Donald Trump:
  • From doorman Dino Sajudin who alleged that Trump fathered illegitimate children
  • From model and actress Karen McDougal who alleged an affair with Trump
  • From Stormy Daniels who alleged having a one-night stand with Trump
More context: The practice of "catch-and-kill" means buying exclusive rights to a story for the express purpose of never publishing the information. It is a tactic that gained widespread notoriety during the 2016 presidential election.
 
NEW: The DA’s office has not previously identified with any precision what the crime is that Trump allegedly was intending to commit or conceal by allegedly falsifying business records. Until now. 1/
During a sidebar about the relevance of Steve Bannon’s requests of Pecker, Steinglass admitted that New York Election Law 17-152, which prohibits conspiracies to promote a candidate’s election through unlawful means, is their “primary” predicate.
 
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