Lisa Rubin
@lawofruby
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@msnbc legal correspondent & recovering litigator; former: off-air legal analyst @maddow , @wagnertonight . Don’t let the pearls fool ya.
New York, NY
Joined January 2017
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“You were not prosecuted for being a Trump supporter ... You are not a political prisoner … You were trying to stop the singular thing that makes America America, the peaceful transfer of power.” -- Judge Amy Berman Jackson to 1/6 defendant Kyle Young at his sentencing.
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Tonight, faced with a court order preventing the transfer of any non-cash asset held by the Trump Org., his trust, or just himself without two weeks' notice to the court and the New York A.G., Donald Trump freaked the freak out. Communism, he moaned, is here in NY. 1/
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NEW: A New York trial court judge has found that Trump, his adult sons, and Allen Weisselberg engaged in a persistent, years-long fraud through “fantasy world” valuations of core Trump assets, including his own residence and various golf courses and office buildings. 1/
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For those of you wondering how long it would take Donald Trump to defame E. Jean Carroll again, it seems to have happened tonight in Rome, GA. 1/
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Hope Hicks, once so close to Trump that she could anticipate his moods and needs better than anyone, did not need a subpoena to be interviewed or to hand over documents. And that tells me that the rest of her transcript might be popcorn-worthy. 1/
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NEW: Not even 2 days in, Judge Merchan calls out Trump’s conduct, telling Todd Blanche “while the juror was about 12 feet from client, your client was audibly saying something in her direction….I will not have any juror intimidated in this courtroom.”
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There’s really nothing like telling a federal judge that you have to travel for your mother-in-law’s funeral and therefore need a postponement, only to announce a campaign event in New Hampshire less than 24 hours later.
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NEW: It’s Saturday night, and while I sipped a glass of wine, E. Jean Carroll’s lawyers went on the offensive, telling the court they intend to admit as evidence Trump’s post-court press conferences & campaign statements from *this past week.* 1/
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NEW: Van Dubose, attorney for Ruby Freeman and Shaye Moss, provided this statement:
"Nobody, not even a former president, has a right to intentionally spread damaging, defamatory lies about fellow citizens. 1/
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Just a reminder that on the 12/27/20 phone call where Trump told the acting Attorney General & his deputy to "just say that the election was corrupt and leave the rest to me & the R. congressmen," Trump also singled out one of those members, a "fighter" named Jim Jordan. 1/
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NEW: It’s 9:12 pm, and Don Hankey’s Knight Specialty Insurance Company has not yet filed court papers to justify their $175 million bond in Trump’s civil fraud case. That filing is due *today.*
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NEW: The company that underwrote Trump's bond tonight in the NY Attorney General's civil fraud case, Knight Specialty Insurance Co., is owned by Don Hankey, the so-called "king of subprime car loans." But that's not all. 1/
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“You’re confused,” Willis maintains. She says she is not on trial; “these people,” indicating the defendants, are on trial for trying to steal an election. Jaws just dropped around me.
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NEW: Judge Engoron just called the next witness, also known as former Trump lawyer Michael Cohen. The courtroom is abuzz. 1/
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Today, I learned that the court filing reflecting Trump’s bond in the civil fraud case was “returned for correction” and specifically, for the inclusion of a current financial statement and power of attorney. But all is not what it seems. 1/
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Trump’s attack on Judge Merchan’s daughter last night represents the fourth time in three days that he has singled her out—and exposed her to potential harm. And she’s sadly not alone. 1/
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Remember when, just months ago, Trump reiterated his prior allegations about E. Jean Carroll on Truth Social? That destroyed his primary defense to her existing suit (that he acted within the scope of his job as POTUS) & created new defamation claims. Now, he’s done it again. 1/
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Judge Engoron: “Mr. Kise, can you control your client? This is not a political rally… Maybe you should have a talk with him right now.” Kise disagrees and says it would be far more economical to let the “former and future chief executive of the United States” to give his…
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I was at the grocery store this morning and was recognized by a loyal MSNBC fan. She asked me if I was consumed by rage when I sit in Trump legal proceedings, especially when he is in the room. 1/
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NEW: We’re back in session and before Ivanka returns to the stand, Judge Engoron clarified that the email between Jared and Ivanka is admissible under NY case law. Why? Because they emailed each other through work accounts.
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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.
A big congratulations to Lisa Rubin
@lawofruby
-- named
@MSNBC
Legal Correspondent today, covering all things legal and providing analysis on court cases & investigations.
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NEW: Weisselberg just admitted that until Trump became president, he gave Trump the statements of financial condition before they were finalized, that Trump had an opportunity to review it, and that he “periodically” received comments. 1/
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I’m rereading the superseding indictment, and details that have been there since the start are still gobsmacking. Among them? That between Jan. 2021 and Aug. 2022, when the FBI conducted its court-authorized search of Mar a Lago, MAL hosted 150 social events. 1/
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NEW: Judge Chutkan is like, I see your briefs today and I raise you a minute order making clear I will have a hearing and it will be before this Friday, fools. It’s 9 pm, and she is not messing around.
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“I am mindful that no Secretary of State has ever deprived a presidential candidate of ballot access based on Section Three of the Fourteenth Amendment. I am also mindful, however, that no presidential candidate has ever before engaged in insurrection.” — Maine SOS Shenna Bellows
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Mark Meadows's suit to block the 1/6 committee's subpoenas to him was dismissed tonight. In finding the Speech and Debate Clause deprives the court of jurisdiction, Judge Carl Nichols also makes a significant finding about the subpoenas themselves. 1/
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Remember Joel Greenberg, Matt Gaetz's former wingman who pled guilty to sex trafficking of a minor, among other federal crimes? His sentencing is coming up soon--and today, DOJ asked the court for a ten-level reduction in his offense level under the sentencing guidelines. 1/
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CARROLL: When E. Jean Carroll talks about the loss of her reputation, it's hard for Millennial, Gen Z, and frankly, even Gen Xers like me, to fully appreciate what she lost. Yes, she was an advice columnist for
@ELLEmagazine
. But she was also the stuff of journalistic legend. 1/
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NEW: The judge presiding over Trump's criminal case has ordered Joe Tacopina to turn over his communications with Stormy Daniels & disclose what information from Daniels he has shared with Trump.
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On Friday, Judge Arthur Engoron is expected to release his ruling in the New York attorney general’s civil fraud trial, a ruling that can be appealed but cannot be wiped away simply by virtue of Trump’s election to the presidency. And the consequences could be, well, yuge. 1/
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Trump's third request for a stay of the hush money trial in as many days has now been denied. And each of those hearings, he has been in front of a different judge in the Appellate Division, First Department. 1/
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Since
@ejeancarroll
won $83.3 million from Donald Trump on Friday afternoon, Trump has been uncharacteristically quiet about Carroll. But as Judge Kaplan observed during their most tense exchange, Trump just can’t help himself. /1
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My mind keep coming back to this quote from Cassidy Hutchinson’s upcoming book: “Trump doesn’t care if you dispute him or call him a liar. Only silence bothers him. Being ignored drives him mad.”
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NEW: Kevin Wallace just said the magic words, “The people call Donald J. Trump,” and he just took his sworn oath to tell the truth. 1/
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The Justice Department responded today to the barrage of information requests it has already received from House Judiciary Chair Jim Jordan. And in the nicest way possible, the letter reminds Jordan, "Do your job." 1/
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In less than 48 hours, former President Donald Trump is scheduled to testify at the New York attorney general’s civil fraud trial against him, his companies, and others. His lawyers are probably hoping he is less confused than his son, Eric, about Mar-a-Lago. 1/
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NEW: E. Jean Carroll didn’t just get her day in court. She was vindicated on both her sexual assault and defamation claims—and if I heard correctly, awarded $5 million in total damages by a jury of 6 men and 3 women. Stunning and gratifying—& all because of several corroborators.
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BREAKING: 11th Circuit rules for DOJ; says Judge Cannon had no jurisdiction to block DOJ from using "lawfully seized records" from Mar-a-Lago. 1/
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Fulton County Judge Scott McAfee to Sidney Powell, during her plea hearing this morning: "You're also to provide a recorded proffer with the state, which you've already satisfied. You're to testify truthfully, against any and all co-defendants in this matter at any upcoming…
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George Stephanopoulos left the Clinton White House in December 1996, well before his former boss’s deception about his abuse of power with respect to a woman we collectively shamed, if not tormented, for decades. But he didn’t shame you. 1/
I’m not going to be shamed for being raped by a guy who worked for a President who wagged his finger and lied to the American people about having oral sex with an intern in the Oval Office…
STFU
@GStephanopoulos
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With news that John Eastman will likely join Sidney Powell and Ken Chesebro in demanding a speedy trial in Fulton County, it finally occurred to me *why*: They know Trump is going to invoke an advice of counsel defense. 1/
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NEW: Special Counsel's team just filed a reply on the protective order: Trump "proposed an order designed to allow him to try this case in the media rather than in the courtroom;" their proposed order would "safeguard witness privacy & the integrity of these proceedings." 1/
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I keep thinking about Judge Engoron's last-minute question to the New York Attorney General's lawyer yesterday: "How would you compare the fraud you are alleging to the Madoff Ponzi Scheme?" 1/
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Yes, Jared Kushner reportedly told investigators that Trump genuinely believed he won the election. But you know who told the 1/6 committed he heard something very different? General Milley. 1/
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The cameras have largely left. The crowd control fences have come down; there is no magnetometer outside the courtroom (on top of the usual courthouse security). But make no mistake: What is happening to Trump in a New York courtroom still matters. A lot. 1/
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George Santos was in New Hampshire last night at Trump’s party. But his conditions of release prohibit travel outside New York and DC without advanced notice to the prosecution and pretrial services. Did he tell them he was going to NH?
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I am waiting to get into the courtroom for the Carroll proceedings, but the bizarre advantage of still being outside is learning Trump has yet again defamed Carroll on Truth Social.
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Hi, friends. I’m caffeinating for day 2 of Carroll v. Trump, where Trump is expected to glare, if not grumble, at his accuser as she testifies. As always, I’ll surrender my devices at the courthouse door, but find me here and at
@msnbc
with analysis and first-hand observations…
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As predicted, E. Jean Carroll keeps winning. Judge Lew Kaplan, faced with competing motions on the impact of Carroll’s May 2023 trial win, ruled this morning that Trump’s liability was already established. The Jan. ‘24 trial will be on damages *only.* 1/
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Florida district court judge Donald Middlebrooks had a warning today for the nation's litigant-in-chief as he sanctioned his lawyers: "[C]ourts are not intended for performative litigation for purposes of fundraising & political statements." 1/
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NEW: You will hear some folks say today that Chesebro’s plea is an indication of how weak Willis’s case was. Don’t buy into that. Here’s why: 1/
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CARROLL UPDATE: Trump moved for summary judgment on Carroll's first-filed suit, including on the grounds that he had absolute presidential immunity and that his statements were non-actionable opinion. Finding his arguments "without merit," Judge Lew Kaplan just denied his motion.
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In the end, what the former guy calls communism looks to others of us like justice. The AG is not redistributing his wealth; she's preventing Trump from faking it--and now from transferring it--without accountability. FIN
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Judge Cannon’s hearing starts at 2 pm—but with a new wrinkle: confirmation that Trump has received a target letter in the Special Counsel’s other investigation. 1/
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NEW: Tish James has doubled down on her request that Judge Engoron investigate why documents that go to the heart of Allen Weisselberg's admitted perjury during the civil fraud trial were not turned over to the AG. 1/
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One Trump trial closes; another one begins. I’ll be back at the federal courthouse directly behind this one for
@ejeancarroll
’s second defamation trial on Tuesday. Find me on
@msnbc
then!
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Tonight, I’m still processing that this Congress will end with criminal referrals of a former president, and in just over 2 weeks, the next one will open under control by that same guy’s apologists, enablers, and perhaps even co-conspirators. Total whiplash.
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Nearly every former prosecutor I know predicted Mark Meadows would not take the stand at his removal hearing. The risks to him from cross would simply be too great, they agreed. And they were wrong. 1/
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Before we break for lunch, Judge Engoron politely skewers Trump Jr. on his understanding of history. The castle at Aberdeen may have been built in the 12th century, but that was not “before America was discovered.”
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TRUMP (BUSINESS) RECORDS: I was in court today for argument about where the Manhattan DA’s criminal case against Trump should be heard: in state court where it started or in federal court, as Trump wants. And after 2.5 hours and a surprise witness, it went exactly as expected. 1/
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NEW: Judge Merchan is now giving introductory remarks to a panel of 96 prospective jurors as Trump rests his eyes. But we’ve already seen some fireworks this morning. 1/
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NEW: In his reply brief to a NY appeals court today, Trump argues that he is unable to procure a bond covering the $454-plus million judgment, which is still accruing interest. So he wants a stay of enforcement without a bond. But don’t sleep on what else he wants. 1/
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NEW: The prospective Trump jurors are a highly educated bunch. The first 9 potential jurors in the box this morning include 8 with college degrees, four of whom have advanced degrees (one JD; three MBAs). 1/
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If SCOTUS derails both federal criminal trials of Trump, Tish James & E. Jean Carroll will have held Trump accountable in ways the Justice Department might never achieve. Don’t discount the significance of civil liability, especially for a guy who values money over liberty.
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Something that bears clarifying: Trump is mad that Judge Engoron did not let him read from or submit in evidence the disclaimer language that appears in his statements of financial condition. But he shouldn’t be. At all.
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NEW: While arguing for the admission of tweets and social media posts evocative of Trump’s pressure campaign on witnesses, the DA’s office drops this: “Shortly, we will be seeking an order to show cause why Defendant should not be held in contempt” for violating the gag order.
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NEW: Terrence Bradley just testified that he was “speculating” as to when Willis and Wade’s relationship started; he “never witnessed anything” and “no one told me that.”
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NEW: In urging Judge Aileen Cannon to reconsider two orders that would, among other things, reveal the names of two dozen people who have participated in the Mar a Lago investigation, the Special Counsel's office filed a document available to Cannon and only Cannon. 1/
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NEW: Remember the gag order that Trump has complained improperly prevented him from testifying in his own defense in the NY civil fraud trial this week? A NY appeals court just found it is not, despite Trump's insistence, unlawful or a violation of his constitutional rights. 1/
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NEW: A prospective juror won the morning in response to one of the jury questions. “I dated a lawyer for a while…. It ended fine,” she added, as if to underscore that she harbors no ill will toward attorneys. The overflow room roared.
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If NY Attorney General is able to start enforcing her judgment as soon as next week, don’t expect Trump Tower to top her list. Why? Because as recently as August ‘23, Trump reported Axos Bank still has an outstanding loan on that property for “over $50,000,000.” 1/
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NEW AGAIN: Judge Engoron refuses to even allow briefing on Trump’s mistrial motion, noting that it so lacks merit that any such briefing would be a waste of everyone’s time. His written order appears here:
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NEW: Carroll lawyer Robbie Kaplan caustically responds to Trump's request that the court tell jurors he is excused from trial because of the burden on the court & NYC. If he's got time for UFC matches & NRA conventions, she says, he can show up for a trial about rape.
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When Trump claims he found out about the Twitter search warrant today just like the rest of that, be skeptical. Why? Because on June 20, the Special Counsel's office applied to modify the prior nondisclosure order to "permit Twitter to notify the former President." 1/
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Remember when Rudy Giuliani tried to "not contest" the facts alleged in Ruby Freeman and Shaye Moss's defamation suit while preserving certain defenses/appeal rights? That story did not end well for him today. 1/
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After her father left office, Ivanka Trump moved to Florida with Jared & the kids—and supposedly left Trump World behind. But as this filing by the New York attorney general summarizes, she has since restored her financial entanglements with (and profits from) the Trump Org:…
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As described in the Manhattan DA’s statement of facts, Trump allegedly personally signed 9 checks to Michael Cohen during the first year of his presidency. And who in the WH might have been charged with ensuring he signed and sending them back to the Trump Org.? This woman,…
.
@lawofruby
explains why you should know who Madeleine Westerhout is ahead of Donald Trump's New York criminal trial next week.
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NEW: Trump has filed his opposition Jack Smith’s team’s motion for limits on what Trump and his lawyers can say about witnesses and participants in the federal election interference case. And it’s a doozy. 1/
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Yesterday, I told the folks
@Morning_Joe
that there is no Trump legal team; there are multiple Trump legal teams, and increasingly, their worlds are colliding in potentially problematic ways. Today, we got yet another example of how his own words are becoming Trump’s cage. 1/
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NEW: In a brief today opposing the stay of the NY gag order, a lawyer for Judge Arthur Engoron attached an affirmation by a court officer who works as a captain in the Judicial Threats Assessment Unit. And it is more alarming than you could imagine. 1/
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NEW: Jack Smith and team just filed a motion to exclude various kinds of evidence & arguments at Trump’s election interference trial, including the oft-recited claim that the case is itself a form of election interference or vindictive and selective prosecution. 1/
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NEW: Chris Kise asks for permission to have Trump speak. Engoron, “Do you promise to just comment on the facts and the law?” Trump starts talking immediately without agreeing.
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I won’t say I told you so, but Trump tells the world, via Truth Social: “I WILL NOT BE TESTIFYING ON MONDAY.” 1/
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In a paperless, just-issued order, Judge Aileen Cannon has notified Trump, Nauta, and the Special Counsel’s office to be prepared tomorrow to discuss something not on the official agenda for a normal CIPA hearing: the trial schedule. 1/
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Tomorrow, Donald Trump is expected to return to the civil fraud trial against him in New York as his former lawyer Michael Cohen takes the stand. What could go wrong? 1/
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The problem for Trump is that the Special Counsel has not only located the document he showed those assembled in July 2021 at Bedminster, but they are making two more related facts crystal clear. 1/
One of the new charges against Trump is that he willfully retained a top-secret document about Iran attack plans, which he discussed with biographers during a taped meeting at Bedminster. The charging document doesn't name the country, but Trump allies, and Trump himself even,…
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Tonight, the Manhattan DA’s office publicly released a list of discovery items it has produced or will soon produce to Trump. Those items include a number of recorded conversations, including one between a witness and Trump. But something else interests me more. 1/
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NEW: Manhattan DA’s office asks court to impose a $1k sanction for each of 3 prior posts, order him to take them down, and warn him that further violations will result in jail time. DA notes a 9:12 am post today, potentially made inside the courthouse, also violates the order.
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NEW: In the wake of Trump’s posts about known witness Michael Cohen, Judge Juan Merchan enters an order restricting Trump’s extrajudicial statements. 1/
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NEW: Rudy Giuliani's lawyer, Bob Costello, has sued him in Manhattan state court for unpaid legal fees to the tune of $1.36 million.
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NEW: Judge Lew Kaplan, who has to approve Trump's $91.63 million bond, has offered E. Jean Carroll the opportunity to oppose that bond, including its form, amount or surety. 1/
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Today I learned Jamie Raskin is not only a member of Congress and constitutional law scholar, but also a grammarian, as evidenced by his markup of a “Dear Colleague” from George Santos. Ouch.
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Per
@axios
this a.m., Trump is roughly the 1,097th person indicted for January 6-related crimes. Marinate in that. More than a thousand people have already been charged in connection with the disruption he allegedly exploited—and who went to the Capitol at his direction. 1/
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NEW: Opening statements in the Trump criminal trial are now over. The DA’s opening was tight, practiced, and mostly chronological before they doubled back to cover perceived vulnerabilities of the case. But the defense’s opening drew objections that were sustained. 1/
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After moving the goal posts on pretrial motion practice and preserving her May 2024 trial date for now, Judge Aileen Cannon has cemented her role as the Lucy-with-the-football of the federal judiciary. 1/
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Michael Cohen on the stand at the NYAG civil fraud trial: “I was asked by Mr. Trump to increase the total assets based upon a number that he arbitrarily elected… 1/
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Good morning from the E. Barrett Prettyman Federal Courthouse, where I’ll be attending this morning’s hearing before Judge Tanya Chutkan on the scope of the protective order in United States v. Trump. See you on the other side, friends.
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Per NBC News, Alina Habba was spotted tonight in New Hampshire. I’m guessing her health was not the reason for delaying the E. Jean Carroll trial, which is now scheduled to resume Thursday.
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Funny, she seemed to accompany her dad on several international trips during his White House tenure—and several days a week, I make it to the same trial she’s trying to avoid despite two school-aged kids & a working spouse.
Ivanka Trump asks to pause NY fraud trial, says testimony during ‘school week’ creates ‘undue hardship’
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