Trump’s legal team just informed Judge Merchan that they first asked SDNY for documents relating to Stormy Daniels on March 20 - just 5 days before this trial was to start. Trump’s delay tactics here are simply astounding.
A year ago today, I made my first appearance on
@MSNBC
. Today, I made my first appearance on
@Morning_Joe
as an
@MSNBC
Legal Analyst. Looking forward to sharing my views on the latest legal news with you on
@MSNBC
.
The last time Trump targeted a judge and his family, he got slapped with a $464M judgment. Now he targets the judge who will impose his sentence if he is convicted. Next Easter, Trump may have nothing to do but read his God Bless the USA bible in a jail cell.
UPDATE: Juror who finds Trump fascinating and mysterious and was accused of failing to disclose his prior arrest was excused. Counsel engaged in a lengthy argument. Trump team clearly wanted this juror on the jury for a mistrial. Huge win for the DA.
I don’t believe Trump will testify at the E. Jean Carroll trial for 3 reasons: he would subject himself to perjury and contempt charges and cause the punitive damages to skyrocket.
Trial starts on 4/15.
Judge ruled that DANY didn’t commit discovery violations and Trump will not suffer prejudice because he has a reasonable amount of time to prepare for trial.
The train was stalled, but it’s back on track and moving toward trial.
Trump trial testimony recap:
Don Jr. = rubber stamp
Eric = construction worker
Ivanka = designer
The Donald = brand.
The family whose reality tv show theme song was “For the Love of Money” claim ignorance of their own company’s finances.
Don’t expect the judge to buy it.
3/ Damages. Habba denied that Trump unleashed his followers on EJC and argued he should not have to pay for their actions. But no way Trump disclaims his influence or condemns his followers. Failure to denounce the vile threats on EJC = big punitive damages.
2/ Contempt. Judge Kaplan won’t let Trump hijack his courtroom and turn it into a MAGA rally. Trump would be in contempt if he violated an order to stick to the evidence. This judge has pursued contempt for defiant defendants. Would be foolish to test him.
1/ Perjury. The jury in the last trial found that Trump knew his attacks on EJC were false. He keeps defaming her anyway. Doing so under oath would be perjury. And a jury hearing him attack her would cause punitive damages to go through the roof.
“This case marks the first time any court has restricted access to an FDA-approved drug by second-guessing FDA’s expert judgment about the conditions required to assure that drug’s safe use.” Kagan focused on how extreme such a ruling would be.
Waiting for both sides to question the 18 jurors. I’ve seen a lot of juries, and the jury pool today is among the most accomplished I’ve seen. And lots of very impressive women. A terrible draw for Trump today.
10 blocks from 30 Rock. Traffic stalled w/ POTUS in NY. Can’t make it there for my hit so went to
@GraysonHotel
. So grateful to this kind and resourceful team for helping me log in on time at Bar Cima.
@ratemyskyperoom
, this
@GraysonHotel
team gets a 10/10!
Trump bragged he was worth billions. He just said he had almost $500M in cash. His whole defense was that he was too rich to defraud banks because they wanted his business regardless of what his financials said. So why exactly did he get a reduced bond?
Trump’s lawyers keep taking half court shots and they’re all air balls.
There’s no
@StephenCurry30
or
@CaitlinClark22
on Trump’s team to make a long shot here. They should spend less time on desperate moves and more time preparing for Monday’s game.
Leaving
@Morning_Joe
and heading to court for Trump’s first criminal trial. As a former criminal prosecutor who worked with DA Alvin Bragg and Trump attorney Todd Blanche, I’ll have plenty to share here and on
@MSNBC
.
When cross examining a witness, don’t ask a question you don’t know the answer to. Asking whether Karen McDougal was a legitimate celebrity at the time was a question too many and when Pecker said no, it backfired bigly.
Trump argues that a denial of criminal immunity would incapacitate every future President, yet he openly aspires to be a dictator on day 1 of a second term. He’s the poster child for why former Presidents must be held accountable for their crimes in office.
For those keeping score:
No credible evidence that Joe Biden profited from Hunter Biden’s work.
No credible evidence that Fani Willis profited from Nathan Wade’s work.
Donald Trump, his sons, and his business found liable for $464 MILLION FRAUD.
A Tale of Two Jurors:
One man thanked Trump for Wollman Rink.
One woman apologized to Trump for her spicy posts, including this gem: “I wouldn’t believe Trump if his tongue was notarized.”
That neither is on the jury is as it should be. The jury selection process worked.
Greetings from the downtown Manhattan courthouse, where Judge Merchan is now hearing Defendant Trump’s motion to dismiss the Indictment, motion for discovery violations against the Manhattan DA and motion to adjourn the trial. Will provide updates today.
Q: How do you punish Donald Trump and his sons - defiant toddlers who lie, throw temper tantrums, and won’t say they’re sorry?
A: You do exactly what Judge Engoron did: take away their toys and privileges, put them in time out, and hire a strict babysitter.
State redirect is very strong and ended before lunch on the point I was waiting for: these stories would have sold magazines and helped AMI’s bottom line. They were “National Enquirer gold.” But AMI killed them to help Donald Trump the candidate. Boom.
Trump team conceded that SDNY is a third party. So DANY and Trump BOTH had the same ability to request documents that they knew existed and weren’t produced. Trump could have done it in June. Instead he did it in January. Why? To delay the trial.
Biden’s SOTU channeled The American President. A Democrat of strong character running for re-election who initially refused to respond to his opponent’s dirty attacks, then took the gloves off in an epic speech.
Britt’s response channeled The Stepford Wives.
Thrilled to have joined
@TheWeekendMSNBC
for the first time! Was fired up to discuss the fishing expedition masquerading as an evidentiary hearing in GA that produced no credible evidence to disqualify Fani Willis. A shameful smear campaign against the D.A.
"This was a smear campaign against the D.A."
Fulton County D.A. Fani Willis took the witness stand this week.
@KGreenberg_
says the defense presented no evidence that she had any improper benefit from her relationship with Special Prosecutor Nathan Wade.
How will he protect me and my family if he can’t protect his own daughter? The Court’s gag order answered: the Court will protect family members and not tolerate Trump stoking fear, intimidating witnesses and jurors, and delegitimizing the rule of law.
Judge Merchan came in hot with his first question to Trump defense: How come you didn’t bring up any of this (your 1/18/24 subpoena to SDNY) during the court conference on 2/15?
Todd Blanche: request was pending….Hindsight is 20/20.
My jaw is on the floor.
The Monitor’s report sounded the alarm that even after Trump and his company committed persistent fraud, they still haven’t cleaned up their act. Expect Judge Engoron to lay down the hammer: a lifetime ban barring Trump from NY real estate.
The Art of the Distraction: Trump is filing frivolous briefs on discovery violations, pretrial publicity, gag orders and judicial recusal to distract the DA from trial prep and distract the public from Trump’s crimes. This is a deliberate defense strategy.
Soliciting state officials to appoint fake electors and find 11,780 votes in GA.
Soliciting DOJ to falsely claim election fraud.
Soliciting VP Pence to stop the count of votes.
That conduct is not protected political speech. It is criminal.
The judge in former President Trump's Georgia election interference case rejected his request to dismiss charges on free speech grounds.
@lawofruby
and
@KGreenberg_
provide legal analysis on this trial and on the hush money case.
Trump will appeal the NY court’s denial of his motion to delay the trial pending SCOTUS presidential immunity review. The Carroll court’s ruling that Trump waived that defense by not raising it sooner was upheld on appeal. Expect the same result here.
On
@WayTooEarly
, I said that the juror who finds Trump “fascinating and mysterious” is a problem for the DA. I was right. Seems he didn’t disclose an arrest for tearing down political ads or his wife’s corruption case. He’s a no show, but Trump’s team won’t excuse him yet. 🙄
Don’t blame SDNY for the delay in Trump’s Manhattan trial. Trump’s belated requests to SDNY - a fishing expedition for any evidence of Cohen’s wrongdoing - are to blame. To learn more, check out my latest at .
State redirect was outstanding. Recross was a total flop. Pecker was an excellent first witness for the State.
Now Trump’s longtime assistant Rhona Graff is on the stand.
Trump’s own words to cost him bigly. Huge number of Trump’s defamatory statements + Huge number of others’ vile threats to Carroll = Huge number of punitive damages.
Trump says: Prosecutors can’t prosecute me. Judges can’t judge me. Voters can’t vote me out.
But remember what Obama said: YES WE CAN. Trump can be held accountable in court, thanks to the DC Circuit. And voters can reject him at the ballot box.
Contact information for both Karen McDougal and Stormy Daniels is in Trump’s contacts. Stormy Daniels’s phone number is listed under the name “Stormy.” No last name. And Graff recalled seeing Stormy Daniels at Trump Tower. 🤔
The DC Circuit needs to AFFIRM the district ct’s immunity ruling THIS WEEK. It is vital for our democracy for voters to know whether the former President is convicted of breaking the law to remain in office before the election. Democracy hangs in the balance.
#BREAKING
: 🔥Kristy Greenberg: "The bottom line is time is of the essence, which to put this in perspective, in US v Nixon it was 16 days from oral arguments to a decision. Today would be day 25, so they really need to rule THIS WEEK."
Damn right, 🔥Kristy👊👏👏
Tomorrow Tish James will go after Trump’s assets with the Freeze and Seize. The legal world hasn’t been this rocked by a move since Elle Woods showed us the Bend and Snap.
BREAKING NEWS: DC Circuit unanimously holds that Trump is not immune from criminal prosecution. “Former President Trump has become citizen Trump, with all of the defenses of any other criminal defendant.”
My dad is a rabid
@Lions
fan and raised us to be part of the
@Lions
den. It hasn’t been easy. Character building, he said. Well now it’s our time. Let’s go
@Lions
! Bring home a win for Bobby G!
Ivanka Trump shown a document on the witness stand: “this brings back a lot of memories.”
Ivanka when asked questions about the document: “I do not recall, I do not recall, I do not recall….”
Apparently, she forgot a lot of memories.
SCOTUS likely to find respondents lacked standing because they can’t show a clear injury. No doctor who brought the lawsuit was forced to perform an abortion over an objection so there’s no injury to give them standing here.
Biden not recalling specific dates isn’t the Gotcha moment Hur claims it is. In my experience, it’s very common for witnesses not to recall specific dates. It doesn’t mean they have a poor memory. It means they are human.
I don’t foresee any appeal delaying the 4/15 trial. The Second Circuit denied an appeal on the same grounds swiftly so that the Carroll trial could start as scheduled. I expect that would happen with any appeal here as well.
Trump will appeal the NY court’s denial of his motion to delay the trial pending SCOTUS presidential immunity review. The Carroll court’s ruling that Trump waived that defense by not raising it sooner was upheld on appeal. Expect the same result here.
Judge asked for any case saying that DANY was required to obtain documents from SDNY/FBI or that they were under DANY’s authority or control. Trump lawyer didn’t have one. Judge became visibly upset and said it was “really disconcerting.”
Reports declining to prosecute should not be public. If there’s no criminal charge, that should be the end of it. It’s wrong to make public accusations that fall short of criminal charges and leave the uncharged person to defend himself in the press.
Judge: SDNY production is done. How many documents are related to this case?
DANY: 300 or fewer.
Trump defense: Thousands.
Judge: 2000? 20k?
Trump defense: Tens of thousands.
Judge: you’re not answering my questions.
Michael Cohen’s prosecutors argued that powerful and privileged individuals cannot violate the law with impunity. Now it’s time for the Manhattan DA to send that message to Donald Trump. Read my latest for
@MSNBC
.
Two weeks ago on
@allinwithchris
, I predicted that Judge Chutkan would set a March 2024 trial date in Trump’s federal election case. She struck an ideal balance that is both fair to the defendant and recognizes the societal interest to a speedy trial.
Braved the bitter cold and rain this morning for day 3 of jury selection in the Trump trial. No prospective jurors forced to wait outside today. No protestors. Just freezing journalists.
Astute observation from
@lawofruby
indicating that Trump was ready to testify today.
If Trump testifies, Robbie Kaplan will DOMINATE Trump on cross examination. She will put on a master class. Alina Habba should sign up for CLE credit now.
So my guess is that Necheles and Blanche were, in fact, there to see Trump testify. And that’s the best sign to date that he was not bluffing, as I and so many others predicted. Watch this space. 6/
Rhona Graff is already off the stand. Quick examination to establish Trump’s contacts with McDougal and Daniels, his calendar and records management, and his whereabouts in NY on certain days in January 2017. Awaiting the next witness.
Alexander Smirnov is a flight risk and should be detained. Weak ties to U.S., extensive ties abroad, $6M in liquid funds, and lies to the Court all support detention. Big questions for today’s hearing: Was Smirnov seeking to flee? If so, who was helping him?
1/ Still can’t get over Alina Habba’s closing. Was she auditioning to be a Fox News anchor or Trump’s Attorney General? It would be a distinction without a difference in a Trump administration.
Great to join
@AnaCabrera
to discuss Trump’s defense strategy:
1. Delay the trial.
2. Distract the public from his crimes with frivolous filings.
3. Disrupt the case with vile attacks to intimidate witnesses and jurors.
Trump EJC trial strategy:
Play the victim card. But attack her daily.
Blame the victim for craving attention. But keep doing press conferences.
Minimize the death threats. But whine about the nasty judge.
A NY jury won’t buy what Trump is selling.
"I've seen defendants like this. And they want to control the narrative desperately"
@KGreenberg_
on Trump continuing to attack E. Jean Carroll while her civil defamation trial against him is postponed.
Great to join
@11thHour
tonight! We have seen Trump lie with impunity, but don’t expect him to testify at trial under oath. If called to testify, he will plead the Fifth.
Today the trial of the century starts and I’ve got a burning question: where are James Marsden and Ronald Gladden? We need them on this jury to deliver justice!
#juryduty
Hoping Trump’s lawyer answers this question at today’s oral argument:
Trump concedes that as President of the U.S., he was an officer. But he argues that he was not an officer OF THE U.S., so he can’t be disqualified. So what exactly was he an officer of?
As prospective jurors waited outside to enter the courthouse, a vocal group of Trump supporters gathered across the street. Given concerns about juror safety and intimidation, hopefully juror entry to the building can be expedited tomorrow.
Tears in the Greenberg household as well. So happy that we got to share this moment with my dad. On to the next one! Let’s go
@Lions
!
#onepride
#restoretheroar
Want to understand jury selection strategy? Die Hard has the answer. Both sides are looking for John McClane: A fly in the ointment. A monkey in the wrench. A pain in the ass. Prosecutors want that guy off the jury. Defense wants him on it to hang the jury.
The cat's now out of the bag! I'm thrilled to continue my journey with
@MSNBC
. Thanks especially to the teams
@maddow
&
@WagnerTonight
for four-plus years of the best training an ex-lawyer could ever have.
Why have Trump’s lawyers been dropping like flies? Why are top defense attorneys turning down the opportunity to work on the biggest criminal case in U.S. history? It was great to discuss that and more on
@TheBeatWithAri
last night.
Don Jr. on the stand today acted like he was trying to sell the judge a timeshare rather than mount a legal defense. And like all bad timeshare presentations, this one was a total scam.
Last night on
@TheLastWord
,
@Lawrence
,
@harrylitman
and I had Georgia on our minds. My prediction: expect Fani Willis to bring RICO charges against Trump and his allies in August.
Pence and Trump are George McFly and Biff Tannen. Look for Pence to land a knockout punch to Trump McFly style at trial. And for Trump to end up like Biff…in manure.
When a judge is all but accusing you of concealing important information from the court to torpedo a trial date, you need to have a better response than hindsight is 20/20.
Recross: Karen McDougal was a legitimate celebrity at the time? [Pecker pauses and there is raucous laughter in the overflow room.] Pecker: No.
There was real value to her brand? [Another pause and laughter] Pecker: To herself it would be.
Great to join
@WagnerTonight
last night. No more delay cards for Trump to play in NY. Trial starts on Monday. Look for Trump’s house of cards to crumble as NY AG is set to expose that the “Art of the Deal” was really the “Art of the Steal.”
via
@MSNBC
It’s the
@NFL
playoffs so here’s Trump’s legal strategy in football terms:
The immunity argument is a Hail Mary pass.
Trump wants to run out the clock to the election.
Trump will blame the refs for any call that goes against him.
Great to join
@TheBeatWithAri
to discuss Don Jr.’s trial testimony. Playing the blame game - blame the CFO, the accountants, the lawyers, anyone without the last name Trump - won’t work. If Don Jr. was on the Apprentice, he’d be fired.
“You didn’t consider Stormy Daniels’s story to be a part of any agreement that you had in August 2015, is that correct?” Pecker: “That’s correct.” But Pecker told Cohen about it as part of his agreement to be the campaign’s eyes and ears. More clean up for redirect.
Judge noted that Trump’s team was making unbelievably serious accusations of prosecutorial misconduct and trying to make the judge complicit in it, yet they don’t have a single case to support that argument.
Three weeks ago on
@TheBeatWithAri
, I predicted that Trump would be indicted in the next month or so. Stand by that. My money is on Jack Smith to bring charges before Fani Willis does.
Joined
@WagnerTonight
last night to discuss the Trump fraud trial. Trump argues that property valuation is more art than science. But in this case, it’s just math. And the numbers don’t add up.
via
@msnbc
Trump’s expert testified that people who don’t know anything about accounting may think this is fraud, but it’s just common error. Let’s see how fast this guy calls out fraud when Trump stiffs him on fees.
In line with me were members of the press from Switzerland, Japan and Germany, to name a few. A reminder that the world is watching as the rule of law in this country hangs in the balance.
NY-3: Please join me in voting for
@Tom_Suozzi
.
@maziforcongress
cannot be trusted. She said she was pro-life in the debate. After the debate, she told a reporter she was pro-choice. She won’t give a straight answer to a simple question. She’s Santos 2.0.
You never know what’s going to come up on
@TheBeatWithAri
! Tonight it was Sydney Powell and Scott Hall’s alligator hunt. I guess that’s what Republicans mean by draining the swamp.