Below is my column in the New York Post on the start of the Trump trial today in New York. I have long been critical of the case as a clear example of the weaponization of the criminal justice system. No one seriously believes that Alvin Bragg would have spent this time and money to prosecute what is ordinarily a state misdemeanor if the defendant was anyone other than Trump. One does not have to like Trump to repel from the spectacle about to unfold in Manhattan.
Here is the column:
The famous Roman philosopher and orator Marcus Tullius Cicero once said, “The more laws, the less justice.”
This week, New York judges and lawyers appear eager to prove that the same is true for cases against Donald Trump.
After an absurd $450 million decision courtesy of Attorney General Letitia James, Manhattan District Attorney Alvin Bragg will bring his equally controversial criminal prosecution over hush money paid to former porn star Stormy Daniels before the 2016 election.
Lawyers have been scouring the civil and criminal codes for any basis to sue or prosecute Trump before the upcoming 2024 election. This week will highlight the damage done to New York’s legal system because of this unhinged crusade. They’ve charged him with everything short of ripping a label off a mattress.
Just a few weeks ago, another judge imposed a roughly half billion dollar penalty in a case without a single victim who lost a single cent on loans with Trump. (Indeed, bank officials testified they wanted more business with the Trump organization).
Now Bragg is bringing a case that has taken years to develop and millions of dollars in litigation costs for all parties. That is all over a crime from before the 2016 election that is a misdemeanor under state law that had already expired under the statute of limitations.
Like his predecessor, Bragg previously scoffed at the case. However, two prosecutors, Carey R. Dunne and Mark F. Pomerantz, then resigned and started a public pressure campaign to get New Yorkers to demand prosecution.
Pomerantz shocked many of us by publishing a book on the case against Trump — who was still under investigation and not charged, let alone convicted, of any crime. He did so despite objections from his former colleague that such a book was grossly improper.
Nevertheless, it worked. Bragg brought a Rube Goldberg case that is so convoluted and counterintuitive that even liberal legal analysts criticized it.
Trump paid Daniels to avoid any publicity over their brief alleged affair. As a celebrity, there was ample reason to want to keep the affair quiet, and that does not even include the fact that he is a married man.
It also occurred before the 2016 election and there was clearly a benefit to quash the scandal as a candidate. That political motivation is at the heart of this long-delayed case.
It is a repeat of the case involving former Democratic presidential candidate John Edwards. In 2012, the Justice Department used the same theory to charge the former Democratic presidential candidate after a disclosure that he not only had an affair with filmmaker Rielle Hunter but also hid the fact that he had a child by her. Edwards denied the affair, and money from donors was passed to Hunter to keep the matter quiet.
The Justice Department spent a huge amount on the case to show that the third-party payments were a circumvention of campaign finance laws. However, Edwards was ultimately found not guilty on one count while the jury deadlocked on the other five.
With Trump, the Justice Department declined a repeat of the Edwards debacle and did not bring any federal charge.
But Bragg then used the alleged federal crime to bootstrap a defunct misdemeanor charge into a felony in the current case. He is arguing that Trump intentionally lied when his former lawyer Michael Cohen listed the payments as retainer costs rather than a payment — to avoid reporting it as a campaign contribution to himself.
Thus, if he had simply had Cohen report the payment as “hush money,” there would be no crime.
Once again, the contrast to other controversies is telling. Before the 2016 election, Hillary Clinton’s campaign denied that it had funded the infamous Steele dossier behind the debunked Russian collusion claims.
The funding was hidden as legal expenses by then-Clinton campaign general counsel Marc Elias. (The FEC later sanctioned the campaign over its hiding of the funding.). When a reporter tried to report the story, he said Elias “pushed back vigorously, saying ‘You (or your sources) are wrong.’” Times reporter Maggie Haberman declared, “Folks involved in funding this lied about it, and with sanctimony, for a year.”
Likewise, John Podesta, Clinton’s campaign chairman, was called before congressional investigators and denied categorically any contractual agreement with Fusion GPS. Sitting beside him was Elias, who reportedly said nothing to correct the misleading information given to Congress.
Yet, there were no charges stemming from the hiding of the funding, though it was all part of the campaign budget.
Making this assorted business even more repellent will be the appearance of Cohen himself on the stand. Cohen recently was denounced by a judge as a serial perjurer who is continuing to game the system.
Cohen has a long record as a legal thug who has repeatedly lied when it served his interests. He has a knack for selling his curious skill set to powerful figures like Trump and now Bragg.
For those of us who have been critics of Cohen from when he was still working for Trump, it is mystifying that anyone would call him to the stand to attest to anything short of the time of day . . . and even then most of us would check our watches.
Fortunately witnesses are no longer required to put their hand on the bible in swearing to testify truthfully in court. Otherwise, the court would need the New York Fire Department standing by in case the book burst into flames.
So this is the case: A serial perjurer used to convert a dead state misdemeanor into a felony based on an alleged federal election crime that was rejected by the Justice Department.
They could well succeed in a city where nine out of ten potential jurors despise Trump. Trying Trump in Manhattan is about as difficult as the New York Yankees going to bat using beach balls rather than baseballs. It is hard to miss.
However, this is a Pyrrhic victory for the New York legal system. Whatever the outcome, it may prove a greater indictment of the New York court system than the defendant.
Jonathan Turley is an attorney and professor at George Washington University Law School.
Cohen, who was convicted for a campaign finance crime that Trump directed him to commit, is naturally a witness in Trump’s campaign finance trial. It would not make sense to convict Cohen and not convict Trump.
This trial was delayed because Bill Barr criminally obstructed justice in the Southern District of NY, when he illegally quashed it and tried to get Cohen’s conviction reversed. (Later Barr tried to put Cohen back in jail at the direction of Trump, when Cohen would not shut up.) And what other perjury was Cohen convicted of? Lying to Congress over Trump’s pursuit of a hotel in Moscow. Trump lied to the American people about his continued attempt to get a hotel in Russia. Cohen just repeated that lie to Congress, at the direction of his boss.
Using perjurers or convicts to convict other convicts is standard fare. Who do you think these guys hang around with? For example, John Gotti was brought down by Sammie the Bull Gravano. It makes perfect sense that one of his henchman will testify against him. Wonder if you will say the same thing about the poor minions in Florida who moved the stolen presidential records.
Throwing in the Marc Elias and John Edwards stories is pure misdirection. The DNC picked up a Republican’s original work on investigating Trump’s Russian ties, of which there are many. The US security services have said the same. So the DNC did opposition research on Trump. So what. It should tell you something that they had to go to Russia to do it! The key piece of evidence here, and what is different from the Edwards case, is that Trump did not really care if his family knew about this affair and others. That is why he directed Cohen to pay her AFTER THE ELECTION.
Finally, I am sorry to squash your bubble, but Trump is connected to Russia through and through. Repeating these claims that Russia was a hoax is just another form of spewing this Russian dissinformaton on the 2020 election.
you have NO proof – all is a LIE!!!!
“it is mystifying that anyone would call him to the stand to attest to anything short of the time of day . . . and even then most of us would check our watches”
That’s classic.
This is a well stated op ed with some of the sharpest understatements and hardest softballs I’ve read in a while. And the professor is correct. You don’t have to even like Trump to smell the stink off this case. It reeks so bad of nothing but political retribution and attempts to control a US election that I don’t see how federal charges aren’t being brought against Bragg for even attempting it.
I’m no fan of Donald Trump and still wouldn’t vote for him for President, but I see right through him and so I have to go with what I see. But I also see that these prosecutions are the ugliest misuse of our legal system and indeed attacks on our electoral system by a bunch of namsy pansy whiny wacky weirded out liberal loons who are trying to decide for the entire country who we can and cannot vote for.
There is just no way Alvin Bragg should not be hauled into court himself over this nonsense, or that “Letitia James” who is nothing more than a thief robbing the man of more money than I’ve ever heard of a court fining someone, especially a former sitting US President, especially when there were NO VICTIMS CITED IN THE CASE. No victims brought forth the case. This is insanity on a level I can’t get my head around and that’s why I don’t comment on it much. I just read JT’s op eds on it and then try to get my mind off it because its insanity.
These people, Bragg, James, the judges, ..they’re serving up bull manure and telling us its meatloaf and we’re all expected to just pour ketchup on it like them and take a big bite.
Well I ain’t biting.
These cases are exactly what they smell like.
When good men do nothing evil Reigns😎
Then you must reevaluate your stance “I still wouldn’t vote for Trump.”
Then what? Vote FOR Biden? Or Santa Claus?
“I won’t vote for Trump” = Not acceptable, not reasonable, given what is at stake for this country.
A stupid statement for sure from another of the myriad of anonymous trolls on this site. What your brain doesn’t acknowledge that Robert Kennedy is polling over 20 percent? What you’re so stupid that you think there are only TWO candidates in this race.
I don’t waste my time on trolls who hide behind “anonymous”, particularly ones trolling their nonsense as if we were all as stupid as they are.
So no dummy, open a newspaper and READ sometime. There’s more than 2 horses in this race, regardless of what mainstream establishment trolls like you have to say.
Mainstream establishment troll? LOL.
Oh no, please do vote FOR Kennedy if he’s on the ballot in your state. I approve. In fact I have volunteered on his campaign but left when Kuchinich left. Though I still plan to vote Trump. I know this makes your head explode, and so bombs away, “dummy.”
The message simply was if you’re thinking of voting for Biden: Don’t.
Biden to Iran: Don’t
Iran strikes at Israel
Biden to Israel: Don’t
Israel strikes back at Iran
Biden: “I Made It Clear To Israelis – Don’t Move on Haifa.”
(You know, Haifa – that city in Israel…)
Thinking of voting Biden? Don’t.
Chris Weber: if this case stinks so bad, then why did Michael Cohen draw a felony conviction and jail time for the same conduct that Trump is charged with–which, BTW, was done to benefit Trump? Explain that to me. You call the NY AG a “thief”, and then repeat the tired line about there being “no victims” to Trump’s lying about the value of his assets. Alt-right media, which you obviously rely on, harps on this point. Turley has, too, for whcih he should be ashamed because he knows that under NY law, actual default and loss to the lender are not required to be proved in order to sue for misrepresentation on loan applications and financial statements. Here’s the deal, in a nutshell: loan applications and financial statments are attested to, under oath. There is no “caveat emptor” on the part of a lender.–they are not required to independenly investigate to see if you are a liar. If you lie by misrepresenting the value of your collateral, you are not only subject to the penalties for perjury (a crime, whch Trump has not been charged with), but you can be sued civilly (which Trump WAS sued for), and damages, if you lose, damages are calculated based on the benefit Trump obtained as a result of his lying–in this case, being eligible to borrow more money and at a lower interest rate than if he had told the truth. The damages awarded to the NY AG are based on how much more money Trump borrowed and how much less interest he paid as a result of lying, plus interest. The extent of Trump’s lying was so egregious that Judge Engoron said it “shocked the conscience”. THAT’s why the judgment was so high. Alan Weisselberg testified that by lying about the size of his apartment in Trump Tower, by tripling the size, Trump benefitted to the tune of $200 million.
There ARE victims to such crimes–the NY financial system. The NY AG is charged with enforcing the laws passed to keep the financial system in NY stable because New York is the financial capital of the world. Trump could well HAVE defaulted–he’s done it before–attested to by 6 bankruptcies in which those he owed money to got screwed. Trump thinks he’s entitled to lie and do whatever else he wants to get what he wants. Well, the buck isn’t being passed anymore. He can’t blame anyone else for his legal troubles.
The reason why Cohen plead guilty for a non-crime is because they had other crimes, not Trump related, being held over his head. Does he take a guilty plea for a lighter sentence or plead not guilty with the risk of the being charged a longer sentence for the actual tax crimes he did commit? They made an offer he could not refuse.
You’re an idiot if you’re going to sit there and throw your stupid Huffington Post attacks calling me a righty or claiming I get my news from the right wing. No I don’t sister. Turley is Libertarian. I’m independent, and am voting for Robert Kennedy so don’t tell me what I get my news from or blabber at me with your infantile liberal huffpost -toned nonsense. Go back and READ the Professors article that you’re in here mouthcrapping all over and LEARN why the case stinks so bad.
I mean you’re so da#$med stupid that you actually trash Michael Cohen’s character and credibility while simultaneously defending a case where he’s the prosecutions witness.
I can’t talk to stupid partisan people I just can’t. You’re just too d##$med stupid to talk to.
You sound a bit….unhinged and angry, dude. Take a breath. Breathe in….and out….and in….and out.
“Most of us intuitively know that Trump is being persecuted. But let’s take the above case, which is being prosecuted by the state of New York.
The facts: Trump was charged in 2023 with falsifying business records to hide alleged hush money payments made in 2014 or 2015. This indictment was made almost a decade after the alleged crime took place and almost four years after this case could have been brought to trial. The case is weak at best, with no credible witnesses.
The state of NY waited until the presidential election was well underway before conducting their kangaroo court. Timing is everything.
This is what Banana republics do…”
The Babylon Bee
@TheBabylonBee
Judge Warns Trump Criminal Trial May Last Until, Say, November 6
https://buff.ly/4bfjrx1
The democrats won’t be happy until they nail Trump to a cross. (The irony will be lost on them…)
The Trump cases are fundamentally about lying. Without going all prudish about it, yes, we all lie in various ways at times and plenty of big business and government people get away with big lies. But it is heartening – it is good for our collective soul – to see someone who has bragged for decades about his ability to be immoral get some comeuppance. A second point – justice is supposed to be blind, but we know that its never quite that simple. When you’ve thumbed your nose at government and the legal system for so many years, it shouldn’t be a surprise that there is in human nature some desire to get … well, justice.
What exactly has he lied about that deserves this… “justice”. What exactly has he “bragged for decades about his ability to be immoral”? How exactly has he “thumbed [his] nose at government and the legal system”.
Specifics please not vague generalities.
Then be prepared to be held accountable in eternity for the measure you damn him with, for the same measure will be used against you.
Trump quotes Turley’s criticism on truth social in his attacks against cohen. So professor Turley has had some involvement in Trump’s tantrums while in court.
edwardmahl says:
“Anonymous – What was “cult-like” about the audience that Hitler was addressing?”
……………………….
Question: ‘Is this a new MAGA talking point?’
Hitler never lent credence to a personality cult?
Adolph was strictly business and not a maglomaniac?
Edward goes on to mention all of Hitler’s successes. Yeah, Hitler never failed until Stalingrad. But it was all downhill from there!
The Nazis were more than a political party. It was a cult of the German superman and the inevitably of a great German empire.
Huge amounts of fine art were produced to support all these myths.
Nazi rallies were designed to evoke an ancient, pagan feel. It was all part of a plan to promote Nazism as sort of a new age religion with an old look and feel.
Hitler was a great actor with unlimited expressions. So that was used as a strength promoting Nazism.
You’ve got this fascinating leader who can make a million faces while booming his voice like an opera star.
Trump, by comparison is more of a Joker. Loud as Hitler, but not a lot of style. No great art depicting America First. It’s just a dumb scam for uncritical admirers.
“There’s little more dangerous to a country’s survival than a politicized and weaponized justice system.
Lawfare by Roman insiders caused Caesar to cross the Rubicon from Gaul into Rome.
And led to the fall of the Roman Republic.
With today’s unprecedented criminal trial–for non-crimes–of a former president and the leading presidential candidate, Biden Democrats crossed the Rubicon.
They have attempted to silence, bankrupt, disqualify, and imprison Trump.
This is a criminal conspiracy by prosecutors, judges, and other attorneys to violate the civil rights of their political opponent.
And to illegally interfere in the presidential election.
The only way America recovers is through severe legal, political, and financial consequences.
Starting on January 20, 2025.
So this never happens again.” @mrddmia
“Everything they said would happen under Trump is happening under Biden. From prosecuting political opponents to criminalizing protesters, authoritarianism via lockdowns & mandated experimental medical treatments, a genocide of brown people in plain sight & now war with Iran & WW3
Anything they accuse Trump of doing is a confession of their own.
We are ruled by 100% corrupted enemies of the people and only a revolution can change how this ends.” @jimmy_dore
I’m one indictment away from being re elected. Donald Trump. Independent Bob.
Democrats who voted for Biden and always vote Democrat up and down, no matter what, who are now fleeing their states because of Democrat f’d up policies and out of control crime, should be barred from moving into red states. Ban them all! No Dems in Red states where they will continue to vote Democrat and then F up the red states too. Ban them!
WATCH: “Chasing Trump” is a documentary deep dive into the backgrounds of the four leftwing prosecutors targeting President Trump.
“Chasing Trump
Political Prosecutions. Justice Gone Wrong.”
You can watch the whole documentary right here for free!
32 minutes well spent.
https://twitter.com/JackPosobiec/status/1780034863640236436?t=pbZAeIJ0oxUr5qIK8mQxWw&s=19…
Juan Merchan refuses to recuse himself. He’s wrong, of course. He’s conflicted, of course. He’s biased, of course.
What if a judge refuses to do the ethical thing and step aside?
What is the recourse? The judge decides for himself? That’s it?
And on top of it, the clearly biased judge, who DONATED to Biden, whose daughter is making millions off this case, has illegally GAGGED the criminal defendant Trump, and this is called America?
Sorry but no, this is called Biden’s Banana Republic.
It’s not even this bad in Russia.
This judge deserves zero respect. He’s earned exactly: None.
Bragg, James, Willis: Lock them all up. THEY are the criminals.
Where does this claim from, that Merchan’s daughter is making money off this case? I have seen exactly ZERO evidence for it, and the opinion Merchan got from the Judicial Advisory Committee positively states that she does NOT stand to make any money whatsoever from the outcome of this case, and in fact that she TURNED DOWN work from Bragg. So your assertion that she’s making “millions” needs some facts behind it.
As for the judge’s donations, are you seriously claiming judges are not allowed to make political donations?! Biden is not a party to this case, so any donation made to him is irrelevant. And the Judicial Advisory Committee ruled that his $25 donation to Bragg is de minimis.
Well, it is still happening. No constitutional protection, no SCOTUS weighing in saying “Wait a dam minute, Cowboy!” The gang rape of due process will be in Americas living room, 24/7 until the hatred of the good guys is permanent.
Our justice system is being undermined by the affirmative action-ing of our judicial system being perverted to satisfy grudges. What a joke.
Professor Turley Writes:
“They could well succeed in a city where nine out of ten potential jurors despise Trump”.
***
On Saturday, Donald Trump held a rally near Allentown Pennsylvania. Michelle Cottle of the NYT was there to cover the event. Below she describes that rally:
***
If the crowd wasn’t dwelling on the upcoming court case, the former president most definitely was: Not 10 minutes into his speech, he pivoted from bashing President Biden as a “demented tyrant” to reminding everyone that “two days from now the entire world will witness the commencement of the very first Biden trial. They’re all Biden trials, you know that, right?”
From there, Trump headed straight down the rabbit hole we’ve come to expect. First the assertion that his legal troubles aren’t about him but about his followers. “I’m proud to do it for you! Have a good time watching,” he urged, with the resolute air of a savior facing down a tiresome but necessary crucifixion. Then came the claims of outrageously unfair treatment, flavored with dishonesty:
“On Monday in New York City I will be forced to sit fully gagged. I’m not allowed to talk! Can you believe it?” Trump said.
https://www.nytimes.com/2024/04/15/opinion/trump-voters-trial.html
……………………………………..
First we’re supposed to believe that old, ‘senile’ Biden somehow mustered the faculties to get Trump indicted at multiple venues. This in addition to all the elections Biden ‘rigged’. For a senile old man, Biden has demonstrated uncanny organizational skills!
Then there’s the assertion that Trump’s legal problems are not about ‘him’ but about his followers. “I’m proud to do it for you! Have a good time watching,” Trump urged.
Apparently Trump is spouting this nonsense at every rally. His indictments are ‘not about him but about his followers’. This is what’s known as a ‘Christ complex’. Trump presents himself as a political messiah welcoming persecution on behalf of his base.
Interestingly Adolf Hitler was given to making similar assertions. It’s a telltale sign the speaker is addressing a cult-like audience.
This brings us back to Professor Turley’s column today. Turley worries that jurors in New York City are inclined to despise Donald Trump.
Trump, one must note, is a native New Yorker born and raised. Until he became president, Trump spent almost his whole life in New York City. The Trump name was a local brand known to generations of New Yorkers.
How is it then that Trump’s hometown has turned against him to such an extent that Turley fears a fair trial there is impossible? Can Turley cite any presidential candidate in history so loathed by his hometown?
If a U.S. President is hated by his hometown, that’s a red flag not to be ignored. New York City knows Trump better than anyone! New Yorkers might be wise to Trump’s Christ complex. New Yorkers might say, “Don’t believe that sh!t. This guy’s a major con man!”
Hitler? Really?
Anonymous – What was “cult-like” about the audience that Hitler was addressing? He said that the Versaille Treaty was unfair to Germany, and he was right. He said that inflation had destroyed the savings of ordinary Germans, and he was right. He said that the Communist Party was a threat to the future of the regime, and he was right. He said he could reinvigorate the German economy, and he was proved right. Where is the cult?
He did NOT reinvigorate the German economy. His so-called “economic miracle” was the same fraud that Mussolini pulled with the trains, the USSR regularly did with its “five-year plans”, and Castro with his medical system. There was no miracle, the German economy just got worse and worse, just as the trains in Italy didn’t get any faster. Hitler and Mussolini made the simple observation that if you control the statistics you can make them say whatever you like, and it doesn’t matter what the reality is.
MOST EXSPENSIVE ONE_NIGHT STAND … EVER!
Not only could it cost a; Presidency, momentous Legal Cost$ for The State of NY and Trump, Socio-Political Capitol, and Our TIME.
Legalize Prostitution: Lawyers have already crossed that Rubicon, Stormy Daniels has ‘politicized & syndicated’ it, and Hunter Biden & Pedo Island Bill (Clinton) need it Baaaadly!
So there you have it, Judge Juan M. Merchan has but one Opinion to write: End the Prohibition on Prostitution because it is so common place within Our; Legal Profession, Capitol(s), Politics, and Social Fabric.
Let’s just ‘get it over with already’ – Call a Spade a Spade.
Manhattan District Attorney Alvin Bragg says Trump’s hush money criminal trial isn’t about politics (Uh Huh – Yeah Right)
By: Jake Offenhartz ~ April 11, 2024
[Link] apnews.com/article/trump-manhattan-da-bragg-hush-money-trial-a164881f43b1d5064a528b36eada937e
-TRA
Legalizing prostitution wouldn’t change a thing in this case.
As a candidate and a married man, Trump still would have tried to cover it up, the campaign still would have characterized the payments as they did to keep it quiet, and the prosecutor(s) still would be trying to do the Dems’ bidding by taking-out a popular opposing candidate.
“HUSH MONEY” ALSO REFERRED TO AS A “NUSANCE” CLAIM. HOW IS THAT LEGAL EXPENSE COVERING ANYTHING UP? IT’S ABOUT THE CLASSIFICATION OF THE EXPENSE, NOT THE EXPENSE ITSELF. CLINTON AND OTHERS HAVE HAD SIMILAR FINDINGS AND WERE FINED FOR THE MISCLASSIFICATION – THAT’S IT.
👍 👍
Trump’s Strongest New York Defense Has Nothing To Do With Alvin Bragg Or Judge Merchan
Much of the commentary on the case has consisted of accusations against Alvin Bragg and Judge Merchan, but Trump has a strong defense on the merits — and his supporters should use it.
By: Brad Smith ~ April 15, 2024
[Link] thefederalist.com/2024/04/15/trumps-strongest-new-york-defense-has-nothing-to-do-with-alvin-bragg-or-judge-merchan/
-TRA
Bradley Smith’s “Catch-22” scenario has a solution: Pay for it with personal funds, but report it as a campaign expenditure. That way they can’t get you for failure to report a campaign expense, but they also can’t claim you diverted money from the campaign. It was your money, not the campaign’s, so you can do whatever you like with it.
A black man in the 1950s in Selma, AL with a white jury would have better odds than Trump will in NYC.
Every time I hear “No-one is above the law” (which is a lot from my lawyer friends) I ask if they would make the same statement regarding that black man standing trial in Alabama in the 1950’s. They shut up very quickly.
He’s a good sport.
Why wasn’t Podesta indicted for perjury?
Because we are now in America 2.0.
Go prove that he knew about the payment. We now know that Elias knew about it, but we have no proof that Podesta did.