Saturday, May 11, 2024

TWIT: The Cynical Plan to Defeat Prosecutions of Trump

credit: R. McKee

Latest:  Justice Merchan is pondering whether to call Alan Weisselberg into court to determine if he is willing to testify.  Neither side has subpoenaed him.  His testimony became an issue when the prosecution wanted to enter his severance agreement into evidence to explain why he is not called to be a witness to a conspiracy he in which he participated in a major way. The contract calls for him not to cooperate or  testify in any action against his former boss in return for $750,000.  Merchan may rule on this issue Monday; he apparently is considering summoning Weisselberg from jail and allow him to be question outside of the jury's presence. Weisselberg is currently severing a five month sentence for perjury at Rikers' Island, New York.  If called he could be examined as a hostile witness and shed even more light on the money for silence scheme, further corroborating Michael Cohen's testimony.  But he is a loaded gun that could backfire on the prosecution.  If questioned he would likely plead the Fifth Amendment right against self-incrimination. Weisselberg was the Trump CFO and worked for the family for 50 years. He is still loyal to his former boss, refusing to turn state's evidence on Trumpilini.  He directed the comptroller McConney to pay Cohen reimbursement for the $130,000 Cohen paid to Daniels' attorney for her non-disclosure.  The amount was "grossed up" to $420,000 to account for Cohen's tax bracket and a bonus of $15,000. The payments came in eleven installments in 2017.  

Update: {05.10.2024}Stormy Daniels survived a heated cross examination by Trump's attorney with her credibility in tact.   She countered her interrogator with humor at times, scoring points with jury. Friday was consumed with custodial witnesses who introduced into evidence supporting evidence that will no doubt be referred to during Michael Cohen's testimony that is expected on Monday.  Justice Merchan warned the prosecution to control Cohen's out of court statements about Trump before his testimony begins,

{09.05.2024}Team Trump's plan to defeat or delay the four criminal prosecutions against him until after the election is clear.   In NewYork they intend to provoke the judge into incarcerating the Ochre Menace for contempt to disrupt the proceedings and allow more grounds for appeal including perhaps a habeas corpus petition  to the highest court in New York, the Court of Appeals where he will claim he was jailed for defending free speech.  Meanwhile the MAGA partisans in the US Supreme Court have stalled the Jan 6th case until at least June, and will probably grant him limited immunity from prosecution for "official acts" that will a time-consumer require remand to a lower court.  The MAGA jurist Trump installed in Florida has indefinitely postponed his espionage trial by refusing to rule on outstanding motions and giving the defense more time to respond to deadlines previously set. When you give someone a lifetime job at $250,000 a year, what do you expect but favorable rulings? The Repugnant legislature in Georgia is set to put District Attorney Fani Willis on the witness chair for a grilling, and the judge's ruling allowing her to stay on the case will be reviewed by an appeal court.  Once again, possibility of a trial before the election is put out of reach.  

Of course should the nascent dictator achieve an Electoral College victory, the federal prosecutions will be  terminated on a partisan basis.  The state prosecution in Georgia could go forward if DA Willis survives an appeal or a legislative removal from office, but at a much slower pace and it stands a good chance of any verdict being overturned on appeal.  In New York, the case will probably be tried before the election.  Appeals on multiple grounds lie ahead, and the New York appellate judiciary have already demonstrated a willingness to accomodate Trump.  His appeal bond in the civil fraud case was reduced by more than half without explanation, and when questions were raised about the legal sufficiency of his surety, a hallway deal was cut to remove the substantial objections and protect him from execution on his assets.

Stephanie Clifford aka Stormy Daniels took the stand to testify in his criminal trial Tuesday, and her testimony apparently riveted the jury.  Although her sexual encounter is tangental to the charges concerning fraudulent records, it provided context for Trump's extraordinary effort to keep her quiet.  The media salivated over "Honey bunch's" details that ranged from his spanking with a rolled Forbes magazine to his Hugh Hefner pajamas, and the lack of contraception.  Remember dear readers, this was the President of the United States who attempted a historic autogolpe! Michael Cohen, the fixer, who set up the fraudulent scheme with his client's approval and participation, is the next substantial witness. Perhaps a more significant witness is Deborah Terasoff, a current accounts payable employee of Trump.Org who identified Trump's jagged signature on the check reimbursements to Michael Cohen. His testimony has been heavily corroborated by tangible evidence and unimpeached witness testimony.  But you cannot get around the fact that he is a convicted felon., which the defense will endlessly repeat before the jury. 

Arizona has issued an indictment of the Boss' co-conspirators, but the Arizona Attorney General did not indict the ringleader.  Perhaps she is hoping one or more of the plotters will turn on him, or does the politics of the state made indictment imprudent? Either way, don't hold your breath.  All of this obstructionism is possible because a corrupted legal system suffers wealthy, connected litigants to manipulate legal process to their advantage.  Trumpilini has had a lifetime of experience in court. 

credit E. Wexler
BC Idonwanna axes, how do you spell "Coup d' état"?