Stormy Daniels Day: Alvin Bragg Lights Dumpster Fire in Manhattan

Below is my New York Post column on the unseemly scene in the courtroom of Judge Juan Merchan as prosecutors used porn star Stormy Daniels to present lurid details on her alleged tryst with former president Donald Trump. It was a dumpster fire that Judge Merchan watched burn for a full day and then said the jury may have to disregard much of what they saw and heard.

Here is the column:

Before the start of the Manhattan prosecution of former president Donald Trump, I characterized the case of District Attorney Alvin Bragg as based on a type of obscenity standard.

In a 1984 pornography case, Supreme Court Justice Potter Stewart wrote “I shall not today attempt further to define [obscenity]. . . . But I know it when I see it.”

Bragg has refused to clearly define the crime that Trump was seeking to conceal when payments for a non-disclosure agreement were listed as a legal expense.

We would just know it when we saw it at trial.

We are still waiting, but this week, Bragg seems to be prosecuting an actual obscenity case.

The prosecution fought with Trump’s defense counsel to not only call porn star Stormy Daniels to the stand, but to ask her for lurid details on her alleged tryst with Trump.

The only assurance that they would make to Judge Juan Merchan was that they would “not go into details of genitalia.”

For Merchan, who has largely ruled against Trump on such motions, that was enough.

He allowed the prosecutors to get into the details of the affair despite the immateriality of the evidence to any criminal theory.

Neither the NDA nor the payment to Daniels is being contested.

It is also uncontested that Trump wanted to pay to get the story (and other stories, including untrue allegations) from being published.

The value of the testimony was entirely sensational and gratuitous, yet Merchan was fine with humiliating Trump.

Daniels’ testimony was a dumpster fire in the courtroom.

The most maddening moment for the defense came at the lunch break when Merchan stated, “I agree that it would have been better if some of these things had been left unsaid.”

He then denied a motion for a mistrial based on the testimony and blamed the defense for not objecting more.

That, of course, ignores the standing objection of the defense to Daniels even appearing, and specific objections to the broad scope allowed by the court.

This is precisely what the defense said would happen when the prosecutors only agreed to avoid “genitalia.”

There was no reason for Daniels to appear at all in the trial.

Even if he was adamant in allowing her, Merchan could have imposed a much more limited scope for her testimony.

He could also have enforced the limits that he did place on the testimony when it was being ignored by both the prosecutors and the witness.

Merchan said that he is considering a limiting instruction for the jury to ignore aspects of the testimony.

But that is little comfort for the defendant.

The court was told that this would happen, it happened, and now the court wants to ask the jury to pretend that it did not happen.

Merchan knows that there is no way for the jury to unhear the testimony.

More importantly, the prosecution knew that from the outset.

Daniels appeared eager to share the stories for the same reason that she was eager to sell her story. While she said that she “hates” Trump and wants him “held accountable,” Daniels is no victim.

She had an alleged tryst with Trump and then sought to cash in on the story.

It is a standard form of extortion of celebrities.

She later sought to cash in on the notoriety by appearing in strip clubs as part of a “Make America Horny Again” tour.

She is in her element in Merchan’s courtroom.

In New York, the relevance or credibility of witnesses like Daniels is largely immaterial.

This is a district that voted against Trump, 84.5% to 14.5%, in the 2020 presidential election.

New Yorkers elected a state attorney general, Letitia James, who ran on the pledge to bag Trump on something — without specifying any crime.

Bragg then indicted Trump without clearly defining any crime — a debate that continues among legal experts after two weeks of testimony.

This is entertainment for many in New York — as is the thrill of the possibility of his going to jail under Merchan’s poorly written and arguably unconstitutional gag order.

When it comes to a thrill kill trial, who better to call than Daniels?

After all, she has been treated as a heroine by many, even being given the key to the city of West Hollywood, California, on “Stormy Daniels Day.”

Well, it was Stormy Daniels Day in Judge Merchan’s courtroom this week, and it is a bit late for the court to express shock over her testimony.

It is not the witness, but the case that seems increasingly obscene.

You have a judge who should have recused himself given his daughter’s major role as a Democratic activist and fundraiser.

You have a gag order that is allowing a New York Supreme Court justice to regulate what the leading candidate for the presidency may say in an election on the weaponization of the legal system.

You have a lead prosecutor, Matthew Colangelo, who not only left the Biden Justice Department to revive this case, but once worked for the Democratic National Committee.

You have a case based on two dead misdemeanors shocked back into life by a still mysterious theory of an undefined crime.

In comparison, Daniels may be the only authentic part of the entire case in New York v. Trump.

Jonathan Turley is an attorney and professor at George Washington University Law School.

269 thoughts on “Stormy Daniels Day: Alvin Bragg Lights Dumpster Fire in Manhattan”

  1. It is tempting to refer to Ms. Daniel’s testimony as “a storm in a teacup”, but it occurs to me better to refer to her as “Stormey in two T-Cups.”

  2. Read the EXACT charges yourself… chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://d3i6fh83elv35t.cloudfront.net/static/2023/04/Donald-J.-Trump-SOF.pdf

  3. Professor Turley Writes:

    “The value of the testimony was entirely sensational and gratuitous, yet Merchan was fine with humiliating Trump”.
    ……………………………………

    There probably is some truth to what Turley is saying here. Yet Trump’s motivation for paying hush money, comes through pretty strong.

    Whatever relationship Trump sought from Stormy Daniels was anything but love. For that one reason alone it all sounds unbecoming for man of wealth and power.

    It sounds like Trump presumed that Daniels would want to have sex with him. But she may have only wanted a shot on “The Apprentice”.

    This reminds me of a conversation I once had with a man who worked security at the Playboy Mansion.
    James had been a well-paid employee for many years.

    James said Playboy parties were often an odd mix of rich older men and poor-but-pretty young women.

    Invariably these girls felt more comfortable with the Security guys than the rich older men. Because the security guys were younger and better looking! And that created tensions with the rich older men who expected to impress the girls.

    1. It’s not illegal to pay people not to tell a story. It is, however, illegal to threaten to tell a story if not paid. Daniels should be on trial. Oh, wait, she was and lost a civil case.

    2. There probably is some truth to what Turley is saying here. Yet Trump’s motivation for paying hush money, comes through pretty strong.
      This is an accounting fraud trial. misdemeanor Accounting fraud Trial
      The Fraud involves a CPA using the law, decades of surviving Tax Audits, and software, labeling a Lawyers invoice as legal expense

  4. The Alvin Bragg and Juan “The Con” Merchan Circus-Trial would be much more entertaining, enlightening, and relevant if Steve Wilcos, Steve Harvey, and Dr. Phil were brought in to cross-examine Stormy Daniels and Michael Cohen.

  5. Two things come to mind.

    1) As my laws school (state) civil procedures professor would say in discussing such situations as this, “it’s impossible to re-bag the cat.” Prof. Turley correctly stated that the judge is asking the jury to unhear the salacious, irrelevant testimony of the porn star.

    2) Tom Crews’ line in “A Few Good Men”…”I strenuously object…” Perhaps if the defense attorney had used that adverb they would have won their motion.

    Actually, a third thing comes to mind, too. Given his bullet-point style in this article, I’d say Prof. Turley is quite peeved.

    1. It’s never a good idea to re-bag a cat. All cats should be left to enjoy the original bags that they came in.

  6. So, so tired of the right wing extremist conspiracies in the justice system from to save Trump from facing accountability. Our justice system would make Nazis in the 1930s jealous.

    1. He is not guilty. What part don’t you understand? A kangaroo court is fine with you? Pull your head out of your butt.

    2. You wouldn’t know justice if it slapped you in the face. You’re in a stupor of ignorance based on severe TDS. If you can’t recognize this trial and testimony as a perversion of justice you are being willfully ignorant.

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