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Tag: stormy daniels

  • Stormy Daniels honored with first ever Salem Witches Woman of Power Award

    Stormy Daniels honored with first ever Salem Witches Woman of Power Award

    SALEM — Hundreds of Halloween visitors and witches gathered on Salem Common Thursday to hold the annual “witches circle” ceremony to honor the spirits of loved ones who have passed on, as well as to award former adult film actress and practicing witch Stormy Daniels with the first annual “Salem Witches’ Woman of Power Award.”

    “The greatest war on women was a witch hunt that spread like a cancer across the European continent and England, and culminated here with the Salem Witch Trials,” Christian Day, a practicing warlock and organizer of the ceremony, said.

    “Many of those people were not witches — some were, but I think many of them got away. That’s why 85% of the victims of the Salem Witch Trials were women. We are still facing a war on women today, and that’s why we chose Stormy Daniels as the recipient for tonight’s reward.”

    Daniels, who gained notoriety in recent years for her alleged extramarital affair with Donald Trump, has been a practitioner of witchcraft since her childhood. During a court case in 2019, when she sued former lawyer Michael Avenatti for wire fraud and identity theft, Avenatti’s legal team used Daniel’s spiritual beliefs and practice of witchcraft in an attempt to discredit her as a witness.

    “I would like to award Ms. Stormy Daniels with this award in honor of her strength, her character, and for standing strong for what is wrong,” Lorelei the Love Witch said.

    “It doesn’t matter what spiritual or religious beliefs you hold, or why you’re here in Salem today,” Daniels said. “Whether you’re here to wear awesome costumes, see the weirdo witches, or pay tribute to your ancestors, I can tell you that there is one thing we can all agree on, you should not be persecuted for your beliefs. You should not be bullied into silence or into making a choice whether you like it or not. We are all equal — your gift is your voice, and that’s the one thing that no one can take from you.”

    By Michael McHugh | Staff Writer

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  • Judge delays sentencing in Trump’s New York criminal case, pushing decision past election

    Judge delays sentencing in Trump’s New York criminal case, pushing decision past election

    A New York judge has delayed former President Donald Trump’s sentencing date in his criminal case for a second time, allowing Trump to wait until after the election to learn his fate after his conviction in his “hush money” case.

    Trump had been scheduled to be sentenced in the case on Sept. 18. His attorneys asked on Aug. 14 for his sentencing to be pushed back until after the presidential election, arguing that a delay is necessary to resolve ongoing legal challenges to his conviction.

    Justice Juan Merchan issued an order on Friday delaying sentencing until Nov. 26.

    Merchan wrote that he made the decision “to avoid any appearance — however unwarranted — that the proceeding has been affected by or seeks to affect the approaching Presidential election in which the Defendant is a candidate.” 

    “The Court is a fair, impartial, and apolitical institution,” he continued, adding that the postponement “should dispel any suggestion that the Court will have issued any decision or imposed sentence either to give an advantage to, or to create a disadvantage for, any political party and or any candidate for any office.”

    Trump was convicted in May by a unanimous jury on 34 felony counts of falsifying business records. Prosecutors said Trump signed off on a scheme to hide reimbursements to a lawyer who wired a $130,000 “hush money” payment to adult film star Stormy Daniels days before the 2016 presidential election. Trump denied the encounter and pleaded not guilty.

    “A jury of 12 New Yorkers swiftly and unanimously convicted Donald Trump of 34 felony counts,” Manhattan District Attorney Alvin Bragg said in a statement to CBS News Friday afternoon. “The Manhattan D.A.’s Office stands ready for sentencing on the new date set by the court.”

    Merchan has wide leeway in determining Trump’s sentence. The charges carry a maximum sentence of up to four years in jail, but Merchan can also hand down a sentence that involves a variety of alternatives to incarceration, including probation. Most legal observers expect Trump to avoid jail time, given his status as a first-time offender and sentences handed down for the same crime in other cases.

    Trump was originally scheduled to be sentenced on July 11, but that date was pushed back after he filed a motion seeking to set aside his conviction following a landmark Supreme Court ruling on presidential immunity. The judge’s decision on that effort is expected on Sept. 16.

    Trump attorneys Todd Blanche and Emil Bove’s latest request for a delay argued it would be inappropriate to hand down the sentence on Sept. 18, after early voting in the presidential election has already begun. They also argued the delay would allow time for ongoing legal challenges to his conviction.

    “By adjourning the sentencing until after that election … the Court would reduce, even if not eliminate, issues regarding the integrity of any future proceedings,” they wrote.

    In reply, prosecutors from Bragg’s office declined to advocate either for or against further delaying the sentencing, writing that they “defer to the court.”

    Trump sought repeatedly to delay proceedings in the case, including twice requesting it be removed to federal jurisdiction. A federal judge rejected his request both times. Judge Alvin Hellerstein wrote in 2023 and on Sept. 3 that the “hush money” scheme was a personal matter, outside the bounds of Trump’s official acts as president.

    Earlier Friday, Trump was in a courtroom just a block from the Manhattan criminal court where Merchan presides. Trump listened to lawyers argue his appeal of a 2023 civil judgment in which a jury concluded he likely sexually abused and defamed the writer E. Jean Carroll.

    Trump has denied all allegations in both cases, as well as three other criminal cases, two of which revolve around his efforts to overturn the 2020 election, and one — recently dismissed — in which he was charged for taking confidential documents from the White House at the end of his presidency.

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  • Decision on Trump sentencing date in

    Decision on Trump sentencing date in

    A New York judge is expected to say Friday when former President Donald Trump will be sentenced for falsifying business records to cover up a “hush money” payment to an adult film star.

    Trump has twice sought to delay sentencing after his conviction in May by a unanimous jury on 34 felony counts of falsifying business records

    He was originally scheduled to be sentenced on July 11, but Justice Juan Merchan pushed back that date to Sept. 18 after Trump motioned for the judge to set aside his conviction. Trump cited a Supreme Court ruling that former presidents have immunity for “official acts,” and evidence related to presidential work cannot be included in criminal trials. 

    Merchan has said he’ll rule on Trump’s request to set aside the jury’s verdict just two days before the currently scheduled sentencing, on Sept. 16. 

    In August, Trump asked that the sentencing date be pushed back further — until after the presidential election. Trump’s lawyers said another postponement would give his team time to appeal if Merchan rejects their request to set aside the conviction.

    While waiting for Merchan’s decision, Trump also pursued another path to delaying sentencing. He asked a federal judge to take over the case, claiming it belongs in federal court. The federal judge rejected that request Wednesday, and Trump appealed. 

    On Thursday, a lawyer for Manhattan District Attorney Alvin Bragg informed the appeals court that Merchan will issue his decision on sentencing tomorrow.

    “The judge has now informed the parties that the decision will be rendered tomorrow,” Bragg’s lawyer wrote.

    Prosecutors said Trump signed off on a scheme to hide reimbursements to a lawyer who wired a $130,000 “hush money” payment to adult film star Stormy Daniels days before the 2016 presidential election. Trump denied the encounter and pleaded not guilty.

    Merchan has wide leeway in determining Trump’s sentence. The charges carry a maximum sentence of up to four years in jail, but this is Trump’s first conviction, so Merchan may also hand down a sentence that involves a variety of alternatives to incarceration, including probation. 

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  • Federal judge rejects Trump’s request to intervene in “hush money” case

    Federal judge rejects Trump’s request to intervene in “hush money” case

    A federal judge on Tuesday swiftly rejected former President Donald Trump’s request to intervene in his New York hush money criminal case, spurning the former president’s attempt at an end-run around the state court where he was convicted and is set to be sentenced in two weeks.

    U.S. District Judge Alvin Hellerstein’s ruling — just hours after Trump’s lawyers asked him to weigh the move — upends the Republican presidential nominee’s plan to move the case to federal court so that he could seek to have his conviction overturned in the wake of the U.S. Supreme Court’s presidential immunity ruling.

    Hellerstein, echoing his denial of Trump’s pretrial bid to move the case, said the defense failed to meet the high burden of proof for changing jurisdiction and that Trump’s conviction for falsifying business records involved his personal life, not official actions that the Supreme Court ruled are immune from prosecution.

    In a four-page ruling, Hellerstein wrote that nothing about the high court’s July 1 ruling affected his previous conclusion that hush money payments at issue in Trump’s case “were private, unofficial acts, outside the bounds of executive authority.”

    Trump’s lawyers first asked the federal court to intervene last week, but their paperwork was kicked back because they hadn’t gotten the required clearance from Hellerstein to file it. Hours after they submitted papers Tuesday requesting Hellerstein’s permission to proceed, he issued his ruling denying it.

    Before dissecting Trump’s immunity claims, Hellerstein dispatched quickly of the defense’s oft-repeated claims that trial judge Juan M. Merchan had treated Trump unfairly — subjecting him to a gag order and refusing to delay the trial until after the Supreme Court ruled — because Merchan’s daughter is a Democratic political consultant.

    Hellerstein sidestepped a defense complaint that Trump’s state court trial had been plagued by “bias, conflicts of interest, and appearances of impropriety,” writing that he “does not have jurisdiction to hear Mr. Trump’s arguments concerning the propriety of the New York trial.”

    A Trump campaign spokesperson suggested he would seek to appeal Tuesday’s ruling. Trump and his lawyers “will continue to fight to move this Hoax into federal court where it should be put out of its misery once and for all,” spokesperson Steven Cheung said in a statement.

    The Manhattan district attorney’s office, which prosecuted Trump’s case, declined comment. Earlier Tuesday, the office sent a letter to Merchan objecting to Trump’s effort to delay post-trial decisions in the case while he was seeking to have the U.S. District Court in Manhattan step in.

    Merchan is expected to rule soon on two key defense requests: Trump’s call for the judge to delay his Sept. 18 sentencing until after the November election, and his request that the judge overturn his conviction and dismiss the case in the wake of the Supreme Court’s ruling.

    Merchan has said he will rule Sept. 16 on Trump’s motion to overturn the verdict. His decision on delaying sentencing has been expected in the coming days.

    Trump was convicted in May of 34 felony counts of falsifying business records to conceal a $130,000 hush money payment to porn actor Stormy Daniels, whose affair allegations threatened to disrupt his 2016 presidential run. Trump has denied her claim and said he did nothing wrong. His lawyers contend the case was tainted by violations of Trump’s constitutional rights and that the verdict is vitiated by the Supreme Court’s immunity ruling.

    Falsifying business records is punishable by up to four years behind bars. Other potential sentences include probation or a fine.

    Trump’s lawyers contend that sentencing Trump as scheduled, just two days after Merchan’s expected immunity decision, wouldn’t give him enough time to weigh next steps, including a possible appeal, if the judge rules to uphold the verdict.

    They also argued a Sept. 18 sentencing, about seven weeks before Election Day, would be election interference. In a court filing last week, they raised the specter that Trump could be sent to jail just as early voting is getting underway.

    Prosecutors have not staked a position on whether to delay sentencing, deferring to Merchan on an “appropriate post-trial schedule.” In their letter Tuesday, they said they were open to a schedule that allows “adequate time” to adjudicate Trump’s motion to overturn the verdict while also sentencing him “without unreasonable delay.”

    Merchan last month rejected Trump’s latest request that he step aside from the case, saying Trump’s demand was a rehash “rife with inaccuracies and unsubstantiated claims” about his ability to remain impartial. A state appeals court recently upheld the gag order.

    “It would be highly improper for this Court to evaluate the issues of bias, unfairness or error in the state trial,” Hellerstein wrote. “Those are issues for the state appellate courts.”

    Instead, he noted, Trump can pursue a state appeal or seek review from the U.S. Supreme Court, whose immunity ruling reins in prosecutions of ex-presidents for official acts and restricts prosecutors in pointing to official acts as evidence that a president’s unofficial actions were illegal.

    Trump’s lawyers have argued that prosecutors rushed to trial instead of waiting for the Supreme Court’s presidential immunity decision, and that prosecutors erred by showing jurors evidence that should not have been allowed under the ruling, such as former White House staffers describing how Trump reacted to news coverage of the hush money deal and tweets he sent while president in 2018.

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  • Judge lifts parts of Trump gag order ahead of sentencing in New York criminal case

    Judge lifts parts of Trump gag order ahead of sentencing in New York criminal case

    (CNN) — The judge in Donald Trump’s hush money trial has lifted portions of the gag order restricting what the former president can say about witnesses in the trial, such as Michael Cohen and Stormy Daniels, two days before Trump will square off against President Joe Biden at the CNN Presidential Debate.

    Trump, however, cannot discuss any prosecutor, court staffer or their family members, according to a court order on Tuesday from Judge Juan Merchan that rolls back parts of the gag order imposed before the trial began. That aspect of the gag order remains in effect at least until his sentencing, which is set for July 11.

    The new order Tuesday also lifts the bar on public statements about jurors but notes disclosure of any personally identifying information of any juror is still prohibited.

    Lauren del Valle, Jeremy Herb and CNN

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  • Should Donald Trump have been convicted?

    Should Donald Trump have been convicted?

    In this week’s The Reason Roundtable, editors Matt Welch, Katherine Mangu-Ward, Nick Gillespie, and Peter Suderman debrief in the wake of former President Donald Trump’s conviction on 34 counts of falsifying business records last week in New York City.

    00:33—Donald Trump’s conviction

    27:37—Weekly Listener Question

    42:11—Recent undercovered stories

    50:48—This week’s cultural recommendations

    Send your questions to roundtable@reason.com. Be sure to include your social media handle and the correct pronunciation of your name.

    Mentioned in this podcast:

    Does Donald Trump’s Conviction in New York Make Us Banana Republicans?” by J.D. Tuccille

    Trump’s Conviction Requires Him To Surrender His Guns. Civil Libertarians Should Be Troubled.” by Jacob Sullum

    The Prosecution’s Story About Trump Featured Several Logically Impossible Claims,” by Jacob Sullum

    First Felon,” by Liz Wolfe

    Trump’s Conviction Suggests Jurors Bought the Prosecution’s Dubious ‘Election Fraud’ Narrative,” by Jacob Sullum

    Trump Jury Instructions Invite Conviction Based on a Hodgepodge of Dubious Theories,” by Jacob Sullum

    Prosecutors Say Trump Tried To ‘Hoodwink the American Voter,’ Which Is Not a Crime,” by Jacob Sullum

    The Felon,” by Matt Labash

    Chase Oliver: What Does the Libertarian Presidential Candidate Really Believe?” by Zach Weissmueller and Liz Wolfe

    Chase Oliver Is the Libertarian Party’s Presidential Pick,” by Eric Boehm

    $7.5 Billion in Government Cash Only Built 8 E.V. Chargers in 2.5 Years,” by Joe Lancaster

    Biden’s Tariffs Are a Bad Idea,” by Eric Boehm

    Fauci to Congress: 6-Foot Social Distancing Guidance Likely Not Based on Data,” by Christian Britschgi

    ’15 Days To Slow the Spread’: On the Fourth Anniversary, a Reminder to Never Give Politicians That Power Again,” by John Stossel

    The CDC Made America’s Pandemic Worse,” by Peter Suderman

    The CDC’s Guidance for Summer Camps Is Insane,” by Robby Soave

    CDC’s New ‘Reopening’ Guidance Will Keep Schools Closed in the Fall,” by Matt Welch

    What Ken Burns’ New Film Gets Right—and Wrong—About the Roosevelts,” by Damon Root

    Upcoming Reason Events:

    Today’s sponsor:

    • Hello, liberty lovers! Are you passionate about preserving civil liberties and individual freedom? Do you want to support organizations that uphold these principles but struggle to navigate the complex world of charitable giving? Well, fear not! We have the perfect solution for you: a giving account with DonorsTrust. A giving account, also known as a donor-advised fund, is a simple, secure, and tax-advantaged way for libertarian givers like you to support the causes you care about most. With a donor-advised fund, you can make a contribution, receive an immediate tax deduction, and then recommend grants to your favorite charities over time. Plus, you retain control over how your charitable dollars are invested, ensuring they align with your values and goals. Whether you’re passionate about defending free speech, protecting property rights, or promoting limited government, a donor-advised fund with DonorsTrust empowers you to make a meaningful impact. So, join us in preserving liberty for future generations by opening a donor-advised fund at DonorsTrust today. To learn more and get started, visit our sponsor, DonorsTrust, at www.donorstrust.org/roundtable. Take control of your giving and make a difference in the fight for freedom. That’s www.donorstrust.org/roundtable. Remember, every dollar counts in the battle to safeguard our civil liberties. Let’s make our voices heard together!

    Audio production by Ian Keyser; assistant production by Hunt Beaty.

    Music: “Angeline,” by The Brothers Steve


    Matt Welch

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  • Reaction in Georgia: TRUMP IS GUILTY ON ALL CHARGES

    Reaction in Georgia: TRUMP IS GUILTY ON ALL CHARGES

    The moments after Donald J. Trump became a convicted felon thirty-four times over, reaction from all sides poured in. The 34 counts fell into three categories: Eleven were related to invoices from Michael Cohen, his former fixer who paid Stormy Daniels. Eleven more were related to checks signed by Trump or using his funds to repay Mr. Cohen. Finally, twelve counts were related to accounting records made for the reimbursements in Mr. Trump’s books.

    Here is the indictment in its entirety below:

    The responses after the 45th President of the United States was found guilty were seemingly endless. Trump is of falsifying business records in the cover up of a sexual escapade with an adult film actress, and burying the story in the hopes of winning the 2016 Presidential Election were varied in scope and depth. 

    Itoro N. Umontuen

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  • Details from inside courtroom as jury read Trump verdict

    Details from inside courtroom as jury read Trump verdict

    Details from inside courtroom as jury read Trump verdict – CBS News


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    A jury found former President Donald Trump guilty on 34 criminal counts Thursday in his New York “hush money” trial. CBS News reporter Graham Kates describes what the courtroom was like when jurors read the verdict.

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  • Trump Verdict: Donald Trump Guilty in Hush Money Trial

    Trump Verdict: Donald Trump Guilty in Hush Money Trial

    After four weeks of witness testimony and two days of jury deliberation in the first criminal trial of a former US president, Donald Trump was found guilty on 34 counts of falsifying business records on Thursday. In convicting the presumptive Republican nominee for the November election, a Manhattan jury made the celebrity real estate developer a felon in the city where he first garnered his outsize reputation.

    Trump remained motionless as the jury foreman read out “guilty” to all the charges he faced in the case. Afterwards, with the cameras rolling in the hallway, he returned to the themes he had been discussing throughout the trial.

    “This was a rigged, disgraceful trial,” he said. “The real verdict is going to be November 5 by the people.”

    The case against Trump stemmed from the circumstances of his improbable run to the White House in 2016, hinging as it did on an image he had constructed over decades. With the election approaching that year, the emergence of the Access Hollywood tape threatened his viability as a candidate, already a bizarre proposition. He had long been known as a self-styled playboy, but his comments during the recording hurtled his campaign into damage control mode and etched the words “grab ’em by the pussy” into American electoral history.

    It was against this backdrop, prosecutors argued, that Trump scrambled to obscure a decade-old liaison with the porn star Stormy Daniels. His former fixer Michael Cohen arranged for her to receive $130,000 for her silence. Trump won the election. When the circumstances of the deal became public in 2018, Daniels and Cohen became national figures in their own right, resulting in a psychodrama-sex scandal with few parallels. The charges brought against Trump as a kind of capsule of the matter were comparatively low-key—allegations that he manipulated financial records to camouflage his reimbursement to Cohen—but they also reflected the contention that he had illegally conspired to win the 2016 election.

    When Daniels testified during the trial, jurors heard her describe meeting Trump at a celebrity golf tournament in 2006 before he invited her to his hotel suite that night. She said having sex with him made her uncomfortable—she regretted not saying no—but that she was nervous and fearful. He had been discussing a potential role for her on The Celebrity Apprentice. Over the course of four days, Cohen’s testimony traced through his disenchantment with his old boss, an ongoing feud that has made him into a minor celebrity and social media phenomenon.

    Those days of testimony, revolving around dramatic personalities and combustible relationships, attracted heavy doses of attention, and the lines to get into Manhattan Criminal Court stretched to their longest. For the most part, though, the environment outside the courthouse was muted. O.J. Simpson’s death, just days before jury selection was set to begin, prompted some mostly facile hypothesizing about potential comparisons to the era-defining spectacle of the football player’s 1995 murder trial. Most of what was being litigated over the past month had already been thoroughly digested by the national press.

    Still, the trial often offered a measure of Trump’s cultural hold as he prepares to seek the White House again. The witnesses were a survey of people who had been drawn to him for one reason or another: Daniels, Cohen, former National Enquirer publisher David Pecker, former White House communications director Hope Hicks. Stuck in his hometown for a few weeks, Trump took the opportunity to commune with blue-collar New York—visiting a construction site, a firehouse, and a bodega—and, onstage at a rally in the Bronx, was celebrated by a pair of drill rappers who are out on bail for gang charges. Some days during the proceedings, he was accompanied at the courthouse by former NYPD commissioner Bernie Kerik and former Hells Angels leader Chuck Zito; on others, by Republican politicians including J.D. Vance, Lauren Boebert, Matt Gaetz, Vivek Ramaswamy, and Mike Johnson.

    The general atmosphere of the proceedings, from beginning to end, could best be described as fully Trump. During jury selection in April, a Puerto Rican IT consultant who lives on the Lower East Side told the court that he found the former president “fascinating and mysterious.” He was not ultimately selected as a panelist. Later that week, he told USA Today that his name was Herson Cabreras and elaborated.

    “The guy walks in, and people go crazy,” he said. “That’s what I meant.”

    This is a developing story.

    Dan Adler

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  • Second day of jury deliberations in Trump

    Second day of jury deliberations in Trump

    Second day of jury deliberations in Trump “hush money” trial – CBS News


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    The jury in former President Donald Trump’s “hush money” trial is on its second day of deliberations. Jurors are reviewing testimony by Trump’s former attorney Michael Cohen and former National Enquirer publisher David Pecker. CBS News’ Robert Costa and criminal defense attorney Caroline Polisi have more.

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  • Trump trial live updates: Jurors zero in on testimony of key witnesses as deliberations resume

    Trump trial live updates: Jurors zero in on testimony of key witnesses as deliberations resume

    NEW YORK (WABC) — The testimony in Donald Trump’s New York hush money trial is all wrapped up after more than four weeks and nearly two dozen witnesses, meaning the case has headed into the pivotal final stretch of closing arguments, jury deliberations, and possibly a verdict.

    It’s impossible to say how long all of that will take, but in a landmark trial that’s already featured its fair share of memorable moments, this week could easily be the most important.

    How might Trump’s campaign be affected if he’s acquitted in his hush money trial?

    Here’s a brief look at what every witness said on the stand during Donald Trump’s hush money trial

    What are the potential outcomes of Trump’s hush money trial?

    Key players in the Trump trial

    More coverage from ABC News

    LIVE UPDATES FROM THE TRUMP TRIAL

    Information from Eyewitness News, ABC News and the Associated Press

    Thursday, May 30

    Jury wants readback on how to consider evidence

    Lauren Glassberg reports from outside the courthouse in Lower Manhattan.

    “We did receive another note” from the jury this morning, Judge Merchan said.

    According to Merchan, the jury wants the readback to begin with a description of how the jury should consider that evidence, and what should be drawn from the testimony.

    Second, the jury said they want headphones “for use with the evidence laptop.”

    Merchan says the jury will get both headphones and a speaker so they can listen to the evidence.

    Day 2 of jury deliberations

    The jury in Donald Trump’s hush money trial is to resume deliberations Thursday after asking to rehear potentially crucial testimony about the alleged hush money scheme at the heart of the history-making case.

    The 12-person jury deliberated for about 4 1/2 hours on Wednesday without reaching a verdict.

    Besides asking to rehear testimony from a tabloid publisher and Trump’s former lawyer and personal fixer, the jury also requested to revisit at least part of the judge’s hourlong instructions that were meant to guide them on the law.

    It’s unclear how long the deliberations will last. A guilty verdict would deliver a stunning legal reckoning for the presumptive Republican presidential nominee as he seeks to reclaim the White House while an acquittal would represent a major win for Trump and embolden him on the campaign trail. Since verdicts must be unanimous, it’s also possible the case ends in a mistrial if the jury can’t reach a consensus after days of deliberations.

    Josh Einiger reports on the former president’s trial from Lower Manhattan.

    Wednesday, May 29

    Trump rails about trial after leaving court for the day

    Donald Trump continued to complain about the hush money trial as he left court Wednesday after the first day of jury deliberations.

    “The judge ought to end it and save his reputation,” Trump told reporters after conferring with his campaign and legal teams.

    The former president also railed that “a lot of key witnesses were not called,” even though his side ultimately chose to call only two witnesses to testify.

    He said again it’s “very unfair” that he has to be in court instead of out campaigning” and again labeled the case “a Biden witch hunt” and “weaponization.”

    Judge says jury notes will be addressed tomorrow

    With the just back in the courtroom, Judge Merchan told them the requested readback of testimony would will take at least half an hour, so announced he would dismiss the jury for the day and address both their notes when they return tomorrow.

    Before dismissing the jury for the day, the judge emphasized his standard instruction about the jury not looking up information related to the trial.

    “You are at a critical point in the proceedings,” Merchan said.

    “See you tomorrow morning at 9:30,” the judge said before the jury exited the courtroom.

    Jurors want to rehear instructions

    Before the parties resolved the first note, the jury sent another note asking “to rehear the judge’s instructions.”

    Meanwhile, Trump remained essentially expressionless – almost with a frown on his face as the judge addresses the parties.

    The jury is expected to return to the courtroom shortly.

    Jury note requests portions of testimony

    The parties – including Donald Trump – returned to the courtroom after a bell inside the room went off about 15 minutes ago. Judge Merchan arrived shortly thereafter:

    “Good afternoon. We have received a note,” Merchan said.

    Jurors have requested four items from the court:

    -David Pecker’s testimony about the phone conversation with Donald Trump while at an investor meeting in New Jersey.

    -David Pecker’s testimony about the decision about the assignment of McDougal’s life rights

    -David Pecker’s testimony about Trump Tower Meeting

    -And Michael Cohen testimony about Trump Tower Meeting

    “I will be in the robing room, let me know when you are ready for readback,” Merchan says.

    Todd Blanche and Joshua Steinglass are now conferring about how to respond. The parties are presumably combing through transcripts to find the relevant portions.

    Stuck waiting at the courthouse, Trump rants on social media

    Donald Trump’s complaints on social media about the hush money case persisted Wednesday as the jury deliberated.

    “IT IS RIDICULOUS, UNCONSTITUTIONAL, AND UNAMERICAN that the highly Conflicted, Radical Left Judge is not requiring a unanimous decision on the fake charges against me brought by Soros backed D.A. Alvin Bragg,” he wrote. “A THIRD WORLD ELECTION INTERFERENCE HOAX!”

    Despite his declaration, any verdict in the case has to be unanimous: guilty or not guilty.

    If the jurors disagree, they keep deliberating. If they get to a point where they are hopelessly deadlocked, then the judge can declare a mistrial.

    If they convict, they must agree that Trump created a false entry in his company’s records or caused someone else to do so, and that he did so with the intent of committing or concealing another crime – in this case, violating a state election law.

    What the jurors do not have to agree on, however, is which way that election law was violated.

    The jury has been sent to deliberate. What exactly does that mean?

    Jury deliberations proceed in secret, in a room reserved specifically for jurors and through an intentionally opaque process.

    Jurors can communicate with the court through notes that ask the judge, for instance, for legal guidance or to have particular excerpts of testimony read back to them. But without knowing what jurors are saying to each other, it’s hard to read too much into the meaning of any note.

    It’s anyone’s guess how long the jury in Donald Trump’s hush money case will deliberate for and there’s no time limit either. The jury must evaluate 34 counts of falsifying business records and that could take some time. A verdict might not come by the end of the week.

    To reach a verdict on any given count, either guilty or not guilty, all 12 jurors must agree with the decision for the judge to accept it.

    Things will get trickier if the jury can’t reach a consensus after several days of deliberations. Though defense lawyers might seek an immediate mistrial, Judge Juan M. Merchan is likely to call the jurors in and instruct them to keep trying for a verdict and to be willing to reconsider their positions without abandoning their conscience or judgment just to go along with others.

    If, after that instruction, the jury still can’t reach a verdict, the judge would have the option to deem the panel hopelessly deadlocked and declare a mistrial.

    Trump: ‘Mother Teresa could not beat these charges’

    Former President Donald Trump told reporters after jurors began deliberating in his criminal hush money trial that the charges were rigged and again accused the judge of being conflicted. He further said that “Mother Teresa could not beat these charges.”

    “What is happening here is weaponization at a level that nobody’s seen before ever and it shouldn’t be allowed to happen,” Trump said.

    Trump repeated accusations that the criminal charges were brought by President Joe Biden’s administration to hit him, as the president’s main election opponent.

    Jury begins deliberating in historic case

    “That concludes my instructions on the law. Counsel please approach,” Judge Merchan said when he was done instructing the jury.

    He held a sidebar with the attorneys, after which the jurors filed out of the courtroom to begin deliberations.

    Lauren Glassberg is in Lower Manhattan as jury deliberations get underway.

    Judge to jurors: Personal bias must be put aside

    The judge in Donald Trump’s criminal trial reminded jurors Wednesday morning of their solemn responsibility to decide Trump’s guilt or innocence, gently and methodically reading through standard jury instructions that have a special resonance in the former president’s high-profile case.

    “As a juror, you are asked to make a very important decision about another member of the community,” Judge Juan M. Merchan said, underscoring that – in the eyes of the law – the jurors and Trump are peers.

    Merchan also reminded jurors of their vow, during jury selection, “to set aside any personal bias you may have in favor of or against” Trump and decide the case “fairly based on the evidence of the law.”

    Echoing standard jury instructions, Merchan noted that even though the defense presented evidence, the burden of proof remains on the prosecutor and that Trump is “not required to prove that he is not guilty.”

    “In fact,” noted Merchan, “the defendant is not required to prove or disprove anything.”

    Reading of jury instructions underway

    The jury in Donald Trump’s hush money trial has entered the courtroom and taken their seats. Ahead of deliberations, Judge Juan M. Merchan has begun instructing the panel on the law that governs the case and what they can consider as they work toward a verdict.

    Jurors will not receive copies of the instructions, but they can request to hear them again as many times as they wish, Merchan said.

    “It is not my responsibility to judge the evidence here. It is yours,” he told them.

    Trump leaned back in his chair and closed his eyes as Merchan told jurors that reading the instructions would take about an hour.

    Another famous face at the courthouse

    Donald Trump will not be the only big name appearing before a judge in lower Manhattan on Wednesday – fallen movie mogul Harvey Weinstein is expected to appear for a hearing related to the retrial of his landmark #MeToo-era rape case.

    The hearing will take place in the same courthouse where Trump is currently on trial and where Weinstein was originally convicted in 2020.

    Weinstein’s conviction was overturned in April after the court found that the trial judge unfairly allowed testimony against Weinstein based on allegations that weren’t part of the case. His retrial is slated for sometime after Labor Day.

    Weinstein is set to appear for a hearing before a judge in the same courthouse as Donald Trump.

    A motion that still hasn’t been decided

    The judge in Donald Trump’s hush money trial might have one last piece of business to address on Wednesday before jurors receive instructions and can begin deliberations.

    Last Monday, defense lawyers filed a motion asking the judge to dismiss the case, arguing that prosecutors had failed to prove their case and there was no evidence of falsified business records or an intent to defraud.

    Prosecutors rebutted that assertion, saying “the trial evidence overwhelmingly supports each element” of the alleged offenses, and the case should proceed to the jury.

    Judge Juan M. Merchan did not indicate at the time when he would issue a decision on the request. More than a week later, it remains unclear whether he will address it before the case goes to the jury.

    Jury set to begin deliberations

    Jurors in Donald Trump’s hush money trial are expected to begin deliberations Wednesday after receiving instructions from the judge on the law and the factors they may consider as they strive to reach a verdict in the first criminal case against a former American president.

    The deliberations follow a marathon day of closing arguments in which a Manhattan prosecutor accused Trump of trying to “hoodwink” voters in the 2016 presidential election by participating in a hush money scheme meant to stifle embarrassing stories he feared would torpedo his campaign.

    “This case, at its core, is about a conspiracy and a cover-up,” prosecutor Joshua Steinglass told jurors during summations that stretched from early afternoon into the evening.

    Trump’s lawyer, by contrast, branded the star prosecution witness as the “greatest liar of all time” as he proclaimed his client innocent of all charges and pressed the panel for an across-the-board acquittal.

    The lawyers’ dueling accounts, wildly divergent in their assessments of witness credibility, Trump’s culpability and the strength of evidence, offered both sides one final chance to score points with the jury as it prepares to embark upon the momentous and historically unprecedented task of deciding whether to convict the presumptive Republican presidential nominee ahead of the November election.

    Lindsay Tuchman has the latest in Lower Manhattan on the trial.

    Tuesday, May 28

    Closing arguments conclude; jury deliberations to begin Wednesday

    Donald Trump choreographed “a conspiracy and a coverup” in a brazen attempt to “pull the wool” over voters’ eyes ahead the 2016 presidential election, prosecutor Joshua Steinglass said during a lengthy closing argument that stretched into Tuesday evening.

    “The name of the game was concealment, and all roads lead inescapably to the man who benefitted most: the defendant, former President Donald J. Trump,” Steinglass said.

    With his final pitch to jurors, Steinglass attempted to both rehabilitate the credibility of the government’s key witness, Michael Cohen, and downplay his role in the case, characterizing the onetime fixer as nothing more than a “tour guide” through a “mountain of evidence.”

    In the end, Steinglass argued, jurors need not rely on Cohen alone, because “it’s difficult to conceive of a case with more corroboration.”

    Judge Juan Merchan will instruct jurors on Wednesday morning. After that, deliberations will begin.

    Prosecution dubs ‘Access Hollywood’ tape a ‘Category 5 Hurricane’

    Following a brief afternoon break in closing arguments in Donald Trump’s hush money trial, prosecutor Joshua Steinglass turned his attention to the publication of the infamous “Access Hollywood” tape in October 2016 and the resulting fallout for the then-candidate’s campaign.

    “When you’re a celebrity, they let you do it. You can get away with anything,” Trump could be heard saying on the tape.

    Steinglass reminded jurors how Hope Hicks, then the campaign’s communications director, testified that news coverage of the tape knocked a Category 4 hurricane out of the headlines.

    Steinglass dubbed the tape a “Category 5” hurricane.

    Trump was ‘looming behind everything they’re doing,’ prosecutor says

    Prosecutor Joshua Steinglass said on Tuesday during closing arguments that joking texts between Karen McDougal’s lawyer Keith Davidson and then-National Enquirer editor Dylan Howard about hypothetical ambassadorships were clear evidence that they knew the deal would benefit Trump’s presidential campaign.

    “Throw in an ambassadorship for me. I’m thinking Isle of Mann,” Davidson wrote on July 28, 2016, referring to the British territory Isle of Man.

    “I’m going to Make Australia Great Again,” replied Howard, who hails from Australia.

    All joking aside, Steinglass said: “It’s a palpable recognition of what they’re doing. They’re helping Trump get elected.” The prosecutor said the text messages underscore that “Trump is looming behind everything that they’re doing.”

    Prosecutor says case is about Trump and not Michael Cohen

    After Donald Trump’s lawyer had insisted to jurors that the hush money case rested on Michael Cohen and that they couldn’t trust him, prosecutor Joshua Steinglass sought to persuade the group that there is “a mountain of evidence, of corroborating testimony, that tends to connect the defendant to this crime.”

    He pointed to testimony from David Pecker and others, to the recorded conversation in which Trump and Cohen appear to discuss the Karen McDougal deal, and to Trump’s own tweets.

    “It’s not about whether you like Michael Cohen. It’s not about whether you want to go into business with Michael Cohen. It’s whether he has useful, reliable information to give you about what went down in this case, and the truth is that he was in the best position to know,” Steinglass said.

    The prosecutor then accused the defense of wanting to make the case all about Cohen.

    “It isn’t. That’s a deflection,” he said. “This case is not about Michael Cohen. It’s about Donald Trump.”

    Trump campaign holds its own news conference

    Donald Trump’s campaign staffers held their own news conference outside the courthouse Tuesday morning in the exact same spot where actor Robert De Niro and Jan. 6 officers had just spoken on behalf of Joe Biden’s campaign.

    Jason Miller, Trump’s senior campaign advisor, called De Niro “a washed-up actor,” and said the news conference showed that the hush money trial was political.

    “After months of saying politics had nothing to do with this trial, they showed up and made a campaign event out of a lower Manhattan trial day for President Trump,” Miller said.

    Karoline Leavitt, the campaign press secretary, called the Biden campaign “desperate and failing” and “pathetic” and said their event outside the trial was “a full-blown concession that this trial is a witch hunt that comes from the top.”

    Actor Robert de Niro and Jan. 6 first responders speak near Trump’s trial

    Biden campaign deploys actor Robert De Niro, Jan. 6 first responders near Trump’s trial

    Joe Biden’s campaign sent actor Robert De Niro and two law enforcement officers who defended the U.S. Capitol on Jan. 6 to an area in lower Manhattan not far from the criminal court where Donald Trump’s hush money trial is happening.

    Speaking while the former president was stuck in court, De Niro said Trump wants to “destroy not only the city but the country and eventually he could destroy the world.”

    As he spoke, Trump protesters screamed anti-Biden chants.

    Actor Robert De Niro exchanged words with Trump supporters outside the court.

    Defense says Trump watches his finances carefully

    After arguing earlier Tuesday that Donald Trump may not have been fully aware of all his invoices, defense lawyer Todd Blanche stressed to jurors that the former president was a stickler about watching his finances.

    Michael Cohen received $420,000 in all from Trump in 2017, a sum that the ex-lawyer and prosecutors in the former president’s hush money case have said included the $130,000 reimbursement related to Stormy Daniels, a $50,000 repayment for an unrelated expense and a $60,000 bonus. On top of that, prosecutors have said, there was extra money to cover taxes that would be due on the $130,000 as income – taxes that wouldn’t apply if it had simply been paid as a business expense reimbursement.

    “That is absurd,” Blanche told jurors, pointing to “all the other evidence you heard about how carefully President Trump watches his finances.”

    Biden and Trump campaigns hold dueling news conferences outside courthouse

    Joe Biden’s campaign announced on Tuesday that it would hold an event with “special guests” as closing arguments in Donald Trump’s hush money trial are underway.

    Trump spokesman Jason Miller said the former president’s allies will respond with their own event immediately following Biden’s.

    He posted on the social platform X that Biden’s allies “aren’t in PA, MI, WI, NV, AZ or GA – they’re outside the Biden Trial against President Trump,” adding: “It’s always been about politics.”

    Blanche takes aim at Cohen’s testimony

    Insisting that prosecutors haven’t proven their case, defense lawyer Todd Blanche told jurors during closing arguments Tuesday morning that they “should want and expect more” than key prosecution witness Michael Cohen’s testimony, or that of a Trump Organization employee accounts payable staffer talking about how she processed invoices, or the testimony given by Stormy Daniels’ former lawyer Keith Davidson.

    Blanche argued that Davidson “was really just trying to extort money from President Trump” in the lead-up to the 2016 election.

    “The consequences of the lack of proof that you all heard over the past five weeks is simple: is a not guilty verdict, period,” Blanche said.

    Blanche further laid into Cohen and his testimony, telling jurors he’ll come up repeatedly throughout the defense’s summation.

    “You’re going to hear me talk a lot about Michael Cohen, and for good reason. You can not convict President Trump, you can not convict President Trump of any crime beyond a reasonable doubt on the word of Michael Cohen,” Blanche said. Cohen “told you a number of things that were lies, pure and simple,” the lawyer added.

    Closing arguments in Trump trial

    Closing arguments in Donald Trump’s historic hush money trial began Tuesday morning in a Manhattan courtroom, giving prosecutors and defense attorneys one final opportunity to convince the jury of their respective cases before deliberations begin.

    Jurors will undertake the unprecedented task of deciding whether to convict the former U.S. president of felony criminal charges stemming from hush money payments tied to an alleged scheme to buy and bury stories that might wreck Trump’s 2016 presidential campaign.

    At the heart of the charges are reimbursements paid to Michael Cohen for a $130,000 hush money payment that was given to porn actor Stormy Daniels in exchange for not going public with her claim about a 2006 sexual encounter with Trump.

    Prosecutors say the payments to Cohen, Trump’s then-lawyer, were falsely logged as “legal expenses” to hide the true nature of the transactions.

    Monday, May 27

    Closing arguments expected Tuesday

    After 22 witnesses, including a porn actor, tabloid publisher and White House insiders, testimony is over at Donald Trump’s criminal trial in New York.

    Prosecutors called 20 witnesses. The defense called just two. Trump decided not to testify on his own behalf.

    The trial now shifts to closing arguments, scheduled for Tuesday.

    After that, it will be up to 12 jurors to decide whether prosecutors have proved beyond a reasonable doubt that Trump falsified his company’s business records as part of a broader effort to keep stories about marital infidelity from becoming public during his 2016 presidential campaign. He has pleaded not guilty and denies any wrongdoing.

    A conviction could come down to how the jurors interpret the testimony and which witnesses they find credible. The jury must be unanimous. The records involved include 11 checks sent to Trump’s former lawyer, Michael Cohen, as well as invoices and company ledger entries related to those payments.

    One last thing before the jury deliberates

    A critical moment will take place, perhaps Wednesday morning, before the jury begins its deliberations.

    Judge Juan M. Merchan is expected to spend about an hour instructing the jury on the law governing the case, providing a roadmap for what it can and cannot take into account as it evaluates the Republican former president’s guilt or innocence.

    In an indication of just how important those instructions are, prosecutors and defense lawyers had a spirited debate last week outside the jury’s presence as they sought to persuade Merchan about the instructions he should give.

    The Trump team, for instance, sought an instruction informing jurors that the types of hush money payments at issue in Trump’s case are not inherently illegal, a request a prosecutor called “totally inappropriate.” Merchan said such an instruction would go too far and is unnecessary.

    Trump’s team also asked Merchan to consider the “extraordinarily important” nature of the case when issuing his instructions and to urge jurors to reach “very specific findings.” Prosecutors objected to that as well, and Merchan agreed that it would be wrong to deviate from the standard instructions.

    “When you say it’s a very important case, you’re asking me to change the law, and I’m not going to do that,” Merchan said.

    Prosecutors, meanwhile, requested an instruction that someone’s status as a candidate doesn’t need to be the sole motivation for making a payment that benefits the campaign. Defense lawyers asked for jurors to be told that if a payment would have been made even if the person wasn’t running, it shouldn’t be treated as a campaign contribution.

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  • 5/28: The Daily Report with John Dickerson

    5/28: The Daily Report with John Dickerson

    5/28: The Daily Report with John Dickerson – CBS News


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    John Dickerson reports on the fallout from Israeli airstrikes on Rafah, closing arguments in former President Trump’s “hush money” trial, and what could be behind increased reports of airline turbulence.

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  • Prosecutors Had Two Final Words for the Trump Jury: Stormy Daniels

    Prosecutors Had Two Final Words for the Trump Jury: Stormy Daniels

    That whole episode in the suite,” Manhattan prosecutor Joshua Steinglass reflected on Tuesday, “that was uncomfortable.”

    In his closing remarks in Donald Trump’s hush money trial, Steinglass was taking jurors back to the night in 2006, when, as the porn star Stormy Daniels testified this month, she slept with the former president in his hotel room. Steinglass has a crisp and colloquial manner— sometimes referring to people in Trump’s orbit as “these guys”–and as he wrapped up the prosecution’s case against Trump, he put the parameters in plain terms.

    Daniel’s “story is messy,” Steinglass continued. “It makes people uncomfortable to hear. It probably makes some of you uncomfortable to hear. But that’s kind of the point.”

    Over the past five weeks, Trump’s trial has often revolved around a slew of documents and phone records. The former president has pleaded not guilty to 34 counts of falsifying business records to disguise a payment to Daniels for her silence, and denied any affair with her. As his attorney Todd Blanche put it earlier in the day in his own closing statement, “It’s a paper case.” But in Steinglass’s telling, there was a narrative throughline.

    “Stormy Daniels was the motive,” he told the jury.

    In the lead-up the 2016 election, the revelation of the Access Hollywood tape–in which, as Steinglass recalled, Trump discussed “grabbing women by the genitals”–threw the Republican nominee’s campaign into disarray. The payment to Daniels followed shortly afterwards, and it amounted, the prosecutor said, to an effort to manipulate the electorate. It could be asked, he acknowledged, how much people would care if Trump had slept with a porn star ten years prior. Voters, Steinglass said, had a right to decide if they did.

    Blanche had devoted the thrust of his summation to discrediting Michael Cohen, Trump’s former fixer who arranged the payment to Daniels. Steinglass didn’t quite defend the integrity of the admitted perjurer, but he did offer an emotive account of Cohen’s conduct. It was true, he said, that Cohen was nurturing ill feelings towards his old boss after serving prison time related to the Daniels payment. But Cohen had been “the defendant’s right hand man, his consigliere,” Steinglass said. “When it went bad, the defendant let him loose, dropped him like a hot potato, and tweeted out to the world that Mr. Cohen was a scumbag.”

    Steinglass seemed incredulous at the circumstances of “the Trump phenomenon” he was describing, perhaps even slightly amused to be recounting them on this solemn stage. Cohen, he said, is “understandably angry that to date, he’s the only one who’s paid the price for his role in this conspiracy.”

    In any case, Steinglass said, while Cohen had lied in the past, he had done so for Trump–and Trump was the one who had employed him “because he was willing to lie and cheat on Mr. Trump’s behalf.” And if Cohen had been lying during his testimony, Steinglass proposed, why wouldn’t he go further and say, for instance, that Trump had privately admitted to sleeping with Daniels?

    Blanche looked intently at Steinglass while Trump stared straight ahead. The members of Trump’s family in attendance–Don Jr., Eric, and Tiffany–glanced at their phones. Steinglass’s remarks were set to stretch into the evening, and as Tiffany exited the courtroom during a 5 p.m. break, she mouthed “hey” to Rudy Giuliani’s son Andrew, who has been a fixture at the trial.

    By this stage of the broader Trump-Daniels-Cohen story, enacted in 2016 and surfaced in 2018, the details surrounding this colorful cast have spilled out over and over. Steinglass seemed to be attempting, in the six hours his remarks spanned, to recenter the case. News outlets sometimes employ slight euphemisms to describe Daniels’s work–“adult film star” or “adult entertainer”–but he preferred the punchy, evocative pairing of “porn star” with “president.” It was a way to remind the jurors, who will begin to deliberate as soon as Wednesday, that the reason that they had been reviewing documents in this courtroom for over a month could ultimately be traced back to a single night in Lake Tahoe 18 years ago.

    Dan Adler

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  • Closing arguments delivered in Trump

    Closing arguments delivered in Trump

    Closing arguments delivered in Trump “hush money” trial – CBS News


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    Lawyers on both sides delivered their closing arguments in former President Trump’s criminal “hush money” trial Tuesday. The jury is expected to begin deliberations later this week. Robert Costa has the latest.

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  • Most believe Trump guilty of crime as his NYC trial comes to an end, CBS News poll finds

    Most believe Trump guilty of crime as his NYC trial comes to an end, CBS News poll finds

    As Donald Trump’s trial in New York City nears closing arguments, most Americans believe he is guilty of a crime in this case. But they are less sure what the jury will do after it deliberates next week.

    Fifty-six percent — a majority — say Trump is definitely or probably guilty of a crime in this case, in which he has been charged with falsifying business records to hide a “hush money” payment and influence the 2016 election.

    Opinions are highly partisan, with nearly all Democrats believing Trump is guilty and about eight in 10 Republicans saying the opposite. Republicans are less certain in their views. While three in four Democrats say he is “definitely” guilty, only half of Republicans say he is “definitely” not.

    The public is more split on what they think the jury will decide, with about half expecting jurors to find Trump guilty and half saying the opposite. And views on both sides are far from certain. For example, far more say jurors will “probably” convict Trump than “definitely” convict him.

    trump-guilty.png

    trump-guilty-by-party.png

    will-jury-convict.png

    If people believe Trump’s guilty, they tend to believe the jury will convict him. And vice versa for those who believe he isn’t guilty of a crime. But about a third in each group expect the jury to decide the opposite of what they themselves believe.

    Overall, about three quarters of Americans report having heard or read at least some about the trial. And those who say they have heard “a lot” about it are the most polarized in their views — they are likelier to identify as strong partisans and express more confidence in Trump’s guilt or innocence, potentially blunting the impact of a verdict on the public’s views.  

    heard-about-nyc-trial.png


    This CBS News/YouGov survey was conducted with a nationally representative sample of 1,402 U.S. adult residents interviewed between May 14-21, 2024. The data includes an oversample in Arizona, Georgia, Michigan, Nevada, North Carolina, Pennsylvania, and Wisconsin. The sample was weighted by gender, age, race, and education, based on the U.S. Census American Community Survey and Current Population Survey, as well as past vote. The margin of error is ±4.4 points.

    Toplines

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  • Alvin Bragg’s case against Trump presents a tangle of interacting laws and intent puzzles

    Alvin Bragg’s case against Trump presents a tangle of interacting laws and intent puzzles

    During four days of testimony in Donald Trump’s trial, his estranged lawyer and fixer, Michael Cohen, supplied crucial evidence linking the former and possibly future president to the crimes alleged by New York County District Attorney Alvin Bragg. Cohen said “the boss” instructed him to pay porn star Stormy Daniels $130,000 shortly before the 2016 presidential election to keep her from talking about her alleged 2006 sexual encounter with Trump. Cohen said Trump also approved a plan to reimburse Cohen in 2017 through a series of payments disguised as compensation for legal services. Cohen was the only witness who gave direct support to the latter claim, which underlies the allegation that Trump falsified business records—the heart of the case.

    One question for the jurors is whether to believe Cohen, a convicted felon and admitted liar with a powerful grudge against Trump and a financial interest in agitating for his imprisonment via books and podcasts. Another question is exactly what sort of intent is required to convict Trump not only of falsifying business records but of doing so to conceal “another crime,” which elevates what would otherwise be 34 misdemeanors into 34 felonies. Here things get confusing because of the interacting statutes on which the prosecution is relying.

    As a misdemeanor, falsifying business records requires only an “intent to defraud.” If the jury believes the prosecution has proven beyond a reasonable doubt that Trump knew the checks to Cohen were falsely identified as payment for legal services, it will convict him of falsifying business records.

    Trump personally signed nine of those 11 checks, which the stubs described as “retainer” payments. Although Trump designated Cohen as his personal lawyer after the election, Cohen testified that he never expected to be paid for that position, which he said he was glad to have mainly because of the business connections he thought it would facilitate. Cohen said he never had a retainer agreement with Trump.

    Although Trump had to sign those checks because they were drawn on his personal account, his lawyers say, he was not aware of exactly how his bookkeepers characterized the payments. According to the defense team, Cohen presented invoices that the Trump Organization paid as a matter of course, and Trump was too busy with presidential duties to concern himself with the associated records.

    To rebut that account, prosecutors presented testimony that Trump was a proud penny-pincher who never would have agreed to pay Cohen without knowing exactly what he was getting in return. The payments totaled $420,000. According to handwritten notes by Trump Organization CFO Allen Weisselberg, that included reimbursement for the hush payment, which he doubled to account for taxes, plus a bonus and a reimbursement for an unrelated expense. Prosecutors suggested it was implausible that Trump actually thought he was paying Cohen for his 2017 services as a personal lawyer, and Cohen testified that Trump signed off on Weisselberg’s plan during a meeting at Trump Tower.

    To prove that Trump is guilty of 34 felonies, however, the prosecution had to show that his “intent to defraud” included “an intent to commit another crime or to aid or conceal the commission thereof.” Lead prosecutor Matthew Matthew Colangelo said the other crime was a violation of an obscure New York statute: Section 17-152 of the New York Election Law, which makes it a misdemeanor for “two or more persons” to “conspire to promote or prevent the election of any person to a public office by unlawful means.”

    Prosecutors say the “unlawful means” was Cohen’s payment to Daniels: By fronting that money, he made an excessive campaign contribution, thereby violating the Federal Election Campaign Act. Cohen accepted that characterization, which hinges on the fuzzy distinction between personal and campaign expenditures, in a 2018 federal plea agreement that also resolved several other, unrelated charges against him. But Trump was never prosecuted for soliciting that “contribution,” probably because it would have been hard to prove that he “knowingly and willfully” violated federal campaign finance regulations. If Trump thought the nondisclosure agreement with Daniels was perfectly legal, as his lawyers maintain, he did not have the intent required for a federal conviction.

    Does that matter under Section 17-152? Since it appears this provision has never been enforced before, the answer is not clear. On its face, the statute requires only a conspiracy to promote an election “by unlawful means.” It does not say the conspirators must recognize that the means are unlawful. But ordinarily under New York law, proving a criminal conspiracy requires proving “a specific intent to commit a crime.” If Trump did not think Cohen’s payment to Daniels was “unlawful,” and it is plausible that he didn’t, he did not have that “specific intent.”

    The uncertainty about Trump’s understanding of federal campaign finance regulations also figures directly in the felony charges under the statute prohibiting falsification of business records. If Trump believed there was nothing illegal about paying off Daniels via Cohen, it is hard to see how he could have falsified business records with the intent to hide “another crime.”

    Prosecutors presented testimony from Cohen and other witnesses who said Trump’s main motivation in silencing Daniels was neutralizing a threat to his election, which goes to the question of whether the payment qualified as a campaign expenditure. Cohen averred that Daniels’ story, coming on the heels of the Access Hollywood tape in which Trump bragged about sexually assaulting women, would have been “catastrophic” to his campaign.

    That seems doubtful in retrospect. Trump won the election despite the Access Hollywood tape and despite his well-known history of adultery, to which the alleged Daniels encounter merely would have added another chapter. And right now he seems poised to defeat Biden again, even though the Daniels story is common knowledge and even though a jury found him civilly liable for sexually assaulting and defaming E. Jean Carroll. But when it comes to proving that Trump should have recognized that the hush payment was an illegal campaign contribution, what matters is whether he was worried about the potential electoral impact of Daniels’ account, as opposed to the embarrassment it would cause or the damage it would do to his reputation, brand, and business.

    When Cohen asked Trump how his wife would respond to the Daniels story, Cohen testified, Trump did not seem concerned. “Don’t worry, he goes,” Cohen said. “He goes: ‘How long do you think I will be on the market for? Not long.’” In other words, Cohen said, “He wasn’t thinking about Melania. This was all about the campaign.” In fact, Cohen testified, Trump initially hoped to never pay Daniels. If he could stall her until after the election, Cohen said, “it wouldn’t matter” to Trump.

    If so, you might wonder, why would Trump be so keen to keep the story under wraps even after the election? The prosecution says he was trying to hide the fact that he and Cohen had violated Section 17-152 by violating the Federal Election Campaign Act. That theory hinges on several doubtful premises.

    As New York Times columnist David French notes, “the state election law that the prosecution cites may well be pre-empted by federal law and therefore be inapplicable to the case.” Even if the state law does apply, the prosecution’s theory assumes not only that Trump recognized Cohen’s payment to Daniels as an illegal campaign contribution but also that he knew it was a violation of Section 17-152—a provision so obscure that experts on New York election law say they have never seen a criminal case based on it.

    It seems quite unlikely that Trump knew anything about that law, let alone that he anticipated how it might be construed by New York prosecutors. And if he did not know he could be accused of violating Section 17-152, how could he have falsified business records with the intent of covering up that alleged crime?

    Juan Merchan, the judge presiding over Trump’s trial, presumably will clarify these issues when he instructs the jurors prior to their deliberations, which are expected to begin next week. But the case presents such a tangle of interacting laws and mens rea puzzles that Trump will have ample grounds for appeal if he is convicted.

    Those issues help explain why Bragg’s predecessor, Cyrus R. Vance Jr., decided, after long consideration, that state charges based on the Daniels payment were too iffy to pursue. Mark Pomerantz, a former prosecutor in Vance’s office who worked on the Trump investigation, concluded that “such a case was too risky under New York law.” In a 2023 book, Pomerantz noted that “no appellate court in New York had ever upheld (or rejected) this interpretation of the law.”

    Pomerantz, who was so keen to build a criminal case against Trump that he agreed to work on the investigation for free, is by no means the only Trump critic who is skeptical of Bragg’s case. “Numerous legal analysts, including people who are no friends of Trump, have expressed grave reservations about the case,” French notes, “in large part because of the difficulty of linking the falsified records to an additional, separate crime.”

    While French condemns Trump’s “morally repugnant” conduct, he emphasizes that “immorality alone doesn’t make him a criminal.” And he worries about the consequences of a conviction that is overturned on appeal. “Imagine a scenario in which Trump is convicted at the trial, Biden condemns him as a felon and the Biden campaign runs ads mocking him as a convict,” he writes. “If Biden wins a narrow victory but then an appeals court tosses out the conviction, this case could well undermine faith in our democracy and the rule of law.”

    The problem, of course, goes beyond public perceptions. If Bragg is prosecuting Trump in a desperate, last-ditch attempt to prevent him from reoccupying the White House—and that is certainly how it looks—he is abusing his powers and perverting the law. The case seems to exemplify the very sort of misconduct that Trump’s opponents fear he will commit if he wins the election.

    Jacob Sullum

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  • The ‘heart’ of Alvin Bragg’s case against Trump is misdirection

    The ‘heart’ of Alvin Bragg’s case against Trump is misdirection

    Porn star Stormy Daniels says she had sex with Donald Trump at a Lake Tahoe hotel in July 2006. To keep her from telling that story, former Trump fixer Michael Cohen says, “the boss” instructed him to pay Daniels $130,000 shortly before the 2016 presidential election.

    Manhattan District Attorney Alvin Bragg says that nondisclosure agreement was a serious crime that undermined democracy by concealing information from voters. Of these three accounts, Bragg’s is the least credible.

    “This was a planned, coordinated, long-running conspiracy to influence the 2016 election, to help Donald Trump get elected through illegal expenditures, to silence people who had something bad to say about his behavior,” lead prosecutor Matthew Colangelo said at the beginning of Trump’s trial last month. “It was election fraud, pure and simple.”

    Contrary to Colangelo’s spin, there is nothing “pure and simple” about the case against Trump. To begin with, Trump is not charged with “conspiracy” or “election fraud.” He is charged with violating a New York law against “falsifying business records” with “intent to defraud.”

    Trump allegedly did that 34 times by disguising his 2017 reimbursement of Cohen’s payment to Daniels as compensation for legal services. The counts include 11 invoices from Cohen, 11 corresponding checks, and 12 ledger entries.

    Falsifying business records, ordinarily a misdemeanor, becomes a felony when the defendant’s “intent to defraud” includes an intent to conceal “another crime.” Bragg says Trump had such an intent.

    What crime did Trump allegedly try to conceal? Prosecutors say it was a violation of an obscure New York law that makes it a misdemeanor for “two or more persons” to “conspire to promote or prevent the election of any person to a public office by unlawful means.”

    Why was the Daniels payment “unlawful”? By fronting the money, federal prosecutors argued in 2018, Cohen made an excessive campaign contribution.

    Cohen accepted that characterization in a 2018 plea agreement that also resolved several other, unrelated charges against him. But Trump was never prosecuted for soliciting that “contribution,” and there are good reasons for that.

    Such a case would have hinged on the assumption that Trump, in paying off Daniels, was trying to promote his election rather than trying to avoid embarrassment. While the first interpretation is plausible, proving it beyond a reasonable doubt would have been difficult, as illustrated by the unsuccessful 2012 prosecution of Democratic presidential candidate John Edwards, which was based on similar but seemingly stronger facts.

    Federal prosecutors would have had to prove that Trump “knowingly and willfully” violated the Federal Election Campaign Act. But given the fuzziness of the distinction between personal and campaign expenditures, it is plausible that Trump did not think paying Daniels for her silence was illegal.

    In any event, the Justice Department did not pursue that case, the statute of limitations bars pursuing it now, and Bragg has no authority to enforce federal campaign finance regulations. Instead, he is relying on a moribund New York election law that experts say has never been enforced before.

    That attempt to convert a federal campaign finance violation into state felonies is so legally dubious that Bragg’s predecessor, Cyrus R. Vance Jr., rejected the idea after long consideration. It reeks of political desperation and validates Trump’s complaint that Democrats are attempting “election interference” by undermining his current presidential campaign.

    As Bragg tells it, Trump is the one who committed “election interference,” which the D.A. describes as “the heart of the case.” Bragg says his prosecutors “allege falsification of business records to the end of keeping information away from the electorate.”

    Cohen, whom the defense team accurately describes as a convicted felon and admitted liar with a grudge against his former boss, is the only witness who has tied Trump to the production of those records. And since they were produced after the election, Bragg’s narrative is nonsensical as well as irrelevant—a point that should not be obscured by the salacious details of Daniels’ story.

    © Copyright 2024 by Creators Syndicate Inc.

    Jacob Sullum

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  • 5/13: CBS Evening News

    5/13: CBS Evening News

    5/13: CBS Evening News – CBS News


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    Michael Cohen testifies about Stormy Daniels payment at Donald Trump’s criminal trial; How conductor Xian Zhang is breaking barriers

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  • Here are all the bad things witnesses have said about Michael Cohen, Trump’s former fixer who is set to testify Monday

    Here are all the bad things witnesses have said about Michael Cohen, Trump’s former fixer who is set to testify Monday

    (CNN) — Nobody has anything nice to say about Michael Cohen.

    Donald Trump’s former fixer and lawyer is expected to take the stand Monday as the key witness in the Manhattan district attorney’s case against the former president, prepared to give testimony connecting to Trump the $130,000 hush money payment Cohen made to adult film actress Stormy Daniels before the 2016 election.

    Through three weeks of testimony, jurors have already heard plenty about Cohen through numerous witnesses, who have painted an unflattering portrait of an aggressive, impulsive and unlikeable attorney.

    Jeremy Herb, Kara Scannell, Lauren del Valle and CNN

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  • Michael Cohen expected to testify Monday in Trump criminal trial

    Michael Cohen expected to testify Monday in Trump criminal trial

    Michael Cohen expected to testify Monday in Trump criminal trial – CBS News


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    Donald Trump will be back in court Monday for his New York trial, where key witness Michael Cohen is expected to testify. But for now, the former president is focusing his fury squarely at adult film star Stormy Daniels. Robert Costa has more.

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