April 4, 2023

"We today uphold our solemn responsibility to ensure that everyone stands equal before the law"

Alvin Bragg @ManhattanDA 55m
We just announced a 34-count felony indictment of former President Donald J. Trump. Learn more: https://www.manhattanda.org/district-attorney-bragg-announces-34-count-felony-indictment-of-former-president-donald-j-trump/



https://twitter.com/ManhattanDA/status/1643346377148080128

https://twitter.com/ManhattanDA/status/1643347534633488384

Indictment
https://www.manhattanda.org/wp-content/uploads/2023/04/Donald-J.-Trump-Indictment.pdf

Statement of facts:
https://www.manhattanda.org/wp-content/uploads/2023/04/Donald-J.-Trump-SOF.pdf

watch (at about 38:00): https://www.manhattanda.org/d-a-bragg-to-hold-press-conference-following-supreme-court-arraignment-of-donald-j-trump/

April 4, 2023

The Defendant

Michael Beschloss @BeschlossDC 5m
Five minutes ago, Trump walks to courtroom:





Manu Raju @mkraju
First images of Trump in the courtroom

April 1, 2023

Brilliant how Bragg letter substantiates the republican Congress' collusion with Trump

emptywheel @emptywheel 8h
This letter from Bragg to Jordan is really a work of art. Others have noted the strong pushback. Note, too, the suggestion that Jordan et al were "collaborating" in threats of violence with the unlawful attempt to interfere.

emptywheel @emptywheel 8h
Bragg's observation that Marge was explicitly voicing an intent to interfere in a then-ongoing investigation came out at almost the same time as Marge reiterated her plan to do so--in a Tweet with no claim to be doing so as a MoC.

Sounds obstruction-y.

thread:

https://twitter.com/emptywheel/status/1641824257503010816

related:

https://twitter.com/MacFarlaneNews/status/1641795253895143424

March 31, 2023

Perp Walk Through the Door of Humility

...I took in about 4 hours of talking down to about the Trump indictment from almost each and every news host today, save Lawrence O'Donnell.

Supposedly I should be either bored, cautious, or keeping myself from becoming gleeful because, it'll take time, or there are no guarantees of conviction; or that Trump is presumed innocent until proven guilty.

Since I'm not a pol, a pundit, or a legal professional, I'm only obligated to my own edification, not to some grand scheme of opposition strategy that I'm not in any way responsible for. I'm not required to prove or justify what I believe about Trump's guilt to anyone.

I don't care about the legitimacy or validity of specific charges against him that I'm not privy to, beyond their ability to nail him down in court. I'd go so far as to say I'd like to see him suffer and squeal before the nation, brought to heel at last after threatening our democracy in every way he was able.

That may or may not happen. But, that's not going to be the end-all of what occurred today.

Our democracy, and our system of law and justice, isn't a zero-sum enterprise. Most of our democratic action is aspirational, and our legislature is a presumption, as well. They are our commitments to action or order, neither of which are self-actuating or self-perpetuating.

However, the indictment today of this former president is a promise that all Americans will be subject to our laws, no matter their privilege or person.

More importantly, it's a promise to future presidents that they will be held accountable to the law - something not heretofore fully understood or to be believed. An assurance that their actions will ultimately be judged, even in litigation and prosecution for criminality and unlawful behavior.

That's an earth-shattering break in the wall assumed to exist blocking presidents and other powerful individuals from ultimate accountability to the courts or their fellow citizens for criminal behavior or actions.

In the Basilica of the Nativity in Bethlehem, the main entrance to the church is a small rectangular doorway less than 5' high named “the Door of Humility.” In order to pass through this door, visitors are forced to bow down as they enter the church in order to humble themselves before the higher power.

That's what's waiting for Trump in Manhattan. Humility. It's what every other president hence should expect will await them if they also choose to break the law.

March 29, 2023

The rapidity of the 'privilege' rulings against Trump looks to vindicate the time taken to get here

...aside from the merits of the appeals and challenges to testifying, there has also been a need to prove to judges there's significant enough potential evidence of criminality being concealed behind the claims.

It's one thing to appear before judges, as they might have done a year or more ago, and claim crimes occurred; it's much more powerful to have compelling evidence in hand to show the courts.

That evidence wasn't going to come voluntarily from principals like Pence, Trump, Meadows, or any of the other top officials without the testimony of others below them. We saw a federal judge earlier this month rule that a number of Trump’s former admin — including Dan Scavino, Stephen Miller, Robert O’Brien, John Ratcliffe, Ken Cuccinelli, and John McEntee — must also testify.

Something not discussed lately is how DOJ paved the way for WH administration officials to testify before Congress.

NYT, Nov. 2021:

The Justice Department notified former officials this week that they could testify to the various committees investigating the Trump administration’s efforts to subvert the results of the presidential election and the Jan. 6 attack on the Capitol, according to a letter obtained by The New York Times.

Witnesses can give “unrestricted testimony” to the House Oversight and Reform Committee and the Senate Judiciary Committee, the department said. Both panels are scrutinizing the bid by officials in the Trump White House to force the Justice Department to undermine President Biden’s victory, as well as the events leading up to the Capitol riot, as Congress convened to formally tally the electoral results.

The officials learned in May that they could provide information about how the department planned for and responded to the vote certification on Jan. 6, according to the letter. The department determines whether current or former officials can respond to requests for testimony on a case-by-case basis, and the letters to former officials leaves unclear whether the select committee investigating the Jan. 6 riot has made such a request.

“The extraordinary events in this matter constitute exceptional circumstances warranting an accommodation to Congress,” Bradley Weinsheimer, a top career official in the deputy attorney general’s office wrote, noting that the information sought by Congress was directly related to the question of whether Mr. Trump tried to use the Justice Department to advance his “personal political interests.”

The department told former officials that they could provide unrestricted testimony “so long as the testimony is confined to the scope of the interviews set forth by the committees” and does not reveal grand-jury information, classified information or pending criminal cases.

It's easy to point to the DOJ's relative silence early in their investigations about the complicity or culpability of Trump and his WH staff in the Jan. 6 insurrection and claim nothing was being done. But you don't get rapid rulings knocking down privilege claims like ducks in a row without showing courts evidence of serious crimes committed is being obscured.

You don't get that evidence by sitting on your hands in 2021, as many have accused DOJ of doing. You get to this point of actually pressuring top Trump officials, including the former president, by doing quiet, behind the scenes groundwork.

For every top Trump official who makes the news by balking and posturing against the DOJ, a dozen or more are likely to be complying behind the breaking news and public court actions. That's what's brought us to this point where appeals judges are dismissing challenges to testifying to the DOJ grand juries as fast as they can draft the rulings.

Pence, ordered today to testify, has more to consider than just how much he can delay the grand jury. He is likely to lose all appeals and end up before the grand jury, in the end. But Pence is also looking over his shoulder at what testimony may have already been produced from the WH staff and presented to the jurors.

It may not protect him before the grand jury to appear to be one of the last men standing behind Trump, especially if the evidence surrounding his involvement is damning or incriminating. Even if there are issues of obstruction in Pence neglecting to tell anyone of Trump's plans before Jan.6, there's still the harm of compounding all of that by refusing to cooperate with the grand jury probe.

That won't be a good look to jurors already saturated in evidence and testimony that surely includes accounts of his actions and communications up to that date.

March 23, 2023

'Would you like a slice of my lemon pound cake, can take as much as you wanna take'

steven monacelli @stevanzetti
After the Adams County Sheriff's Office raided the home of Afroman and found nothing, Afroman turned footage of the raid into a music video. Now, the officers are suing over "emotional distress, embarrassment, ridicule, loss of reputation and humiliation.”



ADAMS COUNTY, Ohio (WXIX) - Seven members of the Adams County Sheriff’s Office who raided Joseph Foreman’s home last year are now suing him claiming, among other things, he invaded their privacy.

Four deputies, two sergeants and a detective are claiming Foreman (a.k.a. “Afroman”) took footage of their faces obtained during the raid and used it in music videos and social media posts without their consent, a misdemeanor violation under Ohio Revised Code.

They’re also suing on civil grounds, saying Foreman’s use of their faces (i.e. personas) in the videos and social media posts resulted in their “emotional distress, embarrassment, ridicule, loss of reputation and humiliation.”

The plaintiffs say they’re entitled to all of Foreman’s profits from his use of their personas. That includes, according to the complaint, proceeds from the songs, music videos and live event tickets as well as the promotion of Foreman’s “Afroman” brand, under which he sells beer, marijuana, t-shirts and other merchandise.

They’re also asking for an injunction to take down all videos and posts containing their personas.

https://www.fox19.com/2023/03/22/afroman-sued-by-law-enforcment-officers-who-raided-his-home/

steven monacelli @stevanzetti 7h
The music video is tremendous



Will You Help Me Repair My Door Lyrics (excerpt)

[Chorus]
Will you help me repair my gate?
Will you help me repair my door?
Did you find what you was looking for?
Will you help me repair my gate and door?

Would you like a slice of lemon pound cake?
You can take as much as you want to take
There must be a big mistake
Would you like to have a slice of my lemon pound cake?
The warrant said "Narcotics and kidnapping"
The warrant said "Narcotics and kidnapping"
Are you kidding? I make my money rapping
Why does the warrant say "Narcotics?" (Well, I know narcotics)
But why kidnapping?
Let me ask you something, Officer
Any kidnapping victims inside my suit pockets?
Are therе any kidnapping victims inside my suit pockets?
You crooked cops need to stop

more...

March 22, 2023

Get enough Michael Cohen on Ari? He's off the hook today on Meidas Touch

...from 'Political Beatdown' with Michael Cohen and Ben Meiselas, 5 hours ago:

Michael Cohen and Ben Meiselas discuss the latest updates from Michael Cohen’s meetings with the Manhattan District Attorney as well as Trump’s recent post attacking Cohen.

...this is closer to anything in discussion today to what's actually going on right now in Trump prosecutionland in NY.

Cohen is to be taken for who he is, Trump's former fixer, now something akin to a mob informant. Still, a very informative stream of dialogue from Cohen. Great insight. Like watching someone spill it all before the detectives - and Cohen gets to go home tonight.

But, holy shit, this is unvarnished as fark, and strangely entertaining. As Cohen said, "I'm not the one home shitting my diapers right now. Donald is."

March 20, 2023

I don't see any evidence that coming indictments are generating more support for Trump

...more than they're causing republican officials to scramble to figure out how to justify having their leading presidential candidate under indictment.

The Associated Press @AP 5h
Former President Donald Trump’s calls for protests ahead of his anticipated indictment in New York have generated muted reactions from supporters, with even some of his most ardent loyalists dismissing the idea as a waste of time or a law enforcement trap.

The ambivalence raises questions about whether Trump, though a leading Republican contender in the 2024 presidential race who retains a devoted following, still has the power to mobilize far-right supporters the way he did more than two years ago before the Jan. 6, 2021, insurrection at the U.S. Capitol. It also suggests that the hundreds of arrests that followed the Capitol riot, not to mention the convictions and long prison sentences, may have dampened the desire for repeat mass unrest.

...nearly two days after Trump claimed on his Truth Social platform that he expected to be arrested on Tuesday and exhorted followers to protest, there were few signs his appeal had inspired his supporters to organize and rally around an event like the Jan. 6 gathering. In fact, a prominent organizer of rallies that preceded the Capitol riot posted on Twitter that he intended to remain on the sidelines.
https://apnews.com/article/trump-indictment-new-york-jan-6-protest-f19306253133d9dacd65667bd5b4650c


new, from Alexander Burns:

Stop Overthinking It: An Indictment Would Be Bad For Trump

For all his unusual strengths, Trump is defined these days more by his weaknesses — personal and political deficiencies that have grown with time and now figure to undermine any attempt to exploit the criminal case against him.

His base of support is too small, his political imagination too depleted and his instinct for self-absorption too overwhelming for him to marshal a broad, lasting backlash. His determination to look inward and backward has been a problem for his campaign even without the indictment. It will be a bigger one if and when he’s indicted.

...those supporters are a minority of the country, as Republicans have learned the hard way several times over. Stimulating Trump’s personal following was not enough to save the House for his party in 2018 or to defend the White House and the Senate in 2020, or to summon a red wave in 2022.

Trump needs to grow his support, not merely rev up people who already care deeply about his every utterance and obsession. It is not likely that many Americans who are not already part of Trump’s base will be inspired to join it because they feel he is being mistreated by Manhattan District Attorney Alvin Bragg.
https://www.politico.com/news/magazine/2023/03/20/indictment-trump-bad-vote-00087892

March 10, 2023

"Imminent"

...Fani Willis's use of the word 'imminent' came in a court hearing called by the Georgia trial court judge overseeing the special purpose grand jury as she urged him to oppose releasing the final report of her yearlong probe, even though the grand jury recommended its release.

It wasn't a bone thrown to anyone outside of that proceeding. It wasn't a signal from an ally to the press or the internet. It was a point in a plea about the damage DA Willis believed would occur to her investigation, to defendants and the prosecution alike, through the release of the entire report including names and potential indictments.

"We are asking that the report not be released, because - you having seen that report - decisions are imminent," Willis said to the judge.

“In this case, the state understands the media’s inquiry and the world’s interest. But we have to be mindful of protecting future defendants’ rights.”

The judge apparently concurred with that 'imminent' reasoning and agreed to only release a small part of the report.

Obviously, Fani Willis' motion to the judge isn't some positioning to burnish her reputation for the media or the internet. It was a successful bid to keep the names and indictments secret until the regular grand jury has made a decision.

I listened to several legal pundits use 'imminent' today as shorthand for the heightened expectations that others, including themselves, have hyped behind a term that not only wasn't directed to them, but completely out of context with it's clear intent.

It's even used now, by journalists and Justice Dept. critics alike to describe the completely unrelated Garland/Smith effort at DOJ. But it was never about any of these nebulous time frames prosecution critics have used to denigrate these ongoing investigations for the time taken to make justice happen.

Using 'imminent' to characterize these prosecutions outside of its true context delivered in court by the DA betrays a lack of understanding or care about important details of these investigations, and exposes a lack of seriousness about the process of investigation and prosecution; a legal effort which now includes at least FOUR grand juries assembled and taking evidence against Trump and associates.

"Imminent" wasn't directed at ((you)). It just wasn't.

March 4, 2023

Just for perspective: Watergate didn't happen with COVID, didn't have libraries full of evidence...

emptywheel @emptywheel 9h
Just for perspective: Watergate didn't happen with COVID, didn't have entire libraries full of evidence, didn't happen during era of encrypted apps, didn't feature 25 lawyer-witnesses, and didn't require immediate efforts to stave off a follow-up attack.

Peter Baker @peterbakernyt 9h
Just for perspective: The entire Watergate scandal, from the burglary to Nixon's resignation, took less time than the investigation into the Jan. 6 attack has now taken.

PeskyFact 🏴?☠️🌻 @PeskyFact
Doesn’t even make sense to start counting from J6. For 2wks post, we had a skeleton “govt”…half of whom apparently spent the time deleting comms, etc.

Watergate to resignation: 782 days

Since Jan 20: 772 days

Since March 11 (Garland sworn in): 722 days

Peter sucks at this.


WOWOW :

https://twitter.com/emptywheel/status/1631727890755723276


...aside from WaPo doing most of the investigating...

Jun '72
5 arrested trying to bug DNC at the Watergate

Jan '73:
5 burglars & Liddy & McCord Jr. convicted

Mar '74
Indictments come down for “Watergate Seven,” (WH co-conspirators) Mitchell, Haldeman and Ehrlichman

To compare: This DOJ is already in court with the Jan. 6 henchmen, prosecuting Proud Boys, & convicting Oath Keepers for sedition and interfering with the vote.

That's well in line with the less complex Watergate prosecutions, with Trump WH conspirators before the grand jury right now.

Petty and dishonest criticism of DOJ, at this point.