NY: Trump on Trial!
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  NY: Trump on Trial!
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Author Topic: NY: Trump on Trial!  (Read 61443 times)
Fmr. Gov. NickG
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« Reply #2175 on: April 23, 2024, 09:12:22 PM »


Do they have any precedent in which this sort of unrelated payment from a candidate's personal account was held was held to constitute a reportable contribution to their campaign?

Yes, all of the associated caselaw, per the D.A.'s opposition to Trump's motion-to-dismiss:

As set out in the Statement of the Case above, the grand jury evidence showed that, shortly after announcing his candidacy for President, defendant conspired with others - including Cohen and Pecker - to promote his election through a series of transactions that involved purchasing damaging information about defendant in order to suppress publication of that information. As relevant to this case, those transactions violated federal election laws because the payoffs to both McDougal and Daniels violated FECA's restrictions on corporate and individual contributions. Contrary to defendant's conclusory assertion in a footnote that this conduct did not violate FECA (DB: 15 n.5), both a federal court and the Federal Election Commission ("FEC") have examined these facts and found actual violations of FECA. Cohen pleaded guilty to FECA violations in connection with both the McDougal and Daniels payoffs and served time in prison. Tr. 937-938 (Cohen); see Judgment of Conviction, United States v. Cohen, No. 18-cr-602 (S.D.N.Y. Dec. 12, 2018) (PX-34). And the FEC - which has exclusive civil enforcement authority for FECA violations, see 52 U.S.C. § 30107(e) - found that AMI and Pecker knowingly and willfully violated FECA by making a prohibited corporate in-kind contribution when they purchased McDougal's story to help defendant's presidential campaign. Tr. 1089-1090 (Pecker); see Factual & Legal Analysis 2, 10-16, In re 1360 Media, LLC f/k/a American Media, Inc., & David J. Pecker, Federal Election Comm'n Matter Under Review 7324, 7332, & 7366 (Apr. 13, 2021) ("In re 4360 Media") (PX-35). The FEC's enforcement authority is civil, not criminal. See 52 U.S.C. § 30107(a)(6), (e). But a person who "knowingly and willfully" violates FECA's contribution limits is subject to criminal prosecution, 52 U.S.C. § 30109(d)(1)(A); and the FEC found reason to believe that both AMl and Pecker knowingly and willfully violated that statute. See Factual & Legal Analysis 2, 10-16, In re A360 Media (PX-35). The FEC's finding thus establishes that the facts cleared the threshold for FECA criminal culpability by AMI and Pecker.

The motion-to-dismiss' "conclusory assertion in a footnote that this conduct did not violate FECA" is the extent of Trump argument's on this point so far before trial/raising on appeal:


Even if the Court concludes that federal crimes can serve as object offenses under § 175.10, the evidence does not establish that the payments violated FECA. Under FECA, the third-party payments were not "contributions" or "expenditures" associated with President Trump's campaign because they were not made for the purpose of influencing an election and would have been made irrespective of the candidacy. See Buckley v. Valeo, 424 U.S. 1, 80 (1976); Orloski v. FEC, 795 F.2d 156, 162-63 (D.C. Cir. 1986); 11 C.F.R § 113.1(g)(6). President Trump reserves the right to make these arguments, if necessary, at trial and in connection with any challenges to the sufficiency of the evidence and fairness of future proceedings.

Will the prosecution be calling expert witnesses to testify as to the applicability of the FECA to this situation?

They presumably will, as this expert testimony probably proves critical to being able to sustain conviction on appeal, & Trump is:

The People's motion is granted to the extent that [Trump expert Bradley] Smith may not testify as a lay (fact) witness; offer opinion testimony regarding the interpretation and application of federal campaign finance laws and how they relate to the facts in the instant matter, nor may Smith testify or offer an opinion as to whether the alleged conduct tn this case does or does not constitute a violation of the Federal Election Campaign Act ("FECA"). However, Smith will be permitted to testify generally as to the following: general background as to what the Federal Campaign Commission ("FEC") is, background as to who makes up the FEC, what the FEC's function is, what laws, if any, the FEC is responsible for enforcing, and general definitions and terms that relate directly to this case, such as, for example, "campaign contribution".

The Court will monitor this testimony closely to ensure full compliance. Any deviation from this ruling could result in sanctions up to and including the striking of the expert's entire testimony.

This is informative and helpful, thanks!
I'll be eager to read the testimony on these points and certainly hope my initial impressions are wrong!
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emailking
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« Reply #2176 on: April 23, 2024, 09:13:43 PM »

Not looking good for T unless those notes somehow aren't as promised.
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brucejoel99
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« Reply #2177 on: April 23, 2024, 09:49:34 PM »

Not looking good for T unless those notes somehow aren't as promised.

Maybe it's not too late for Judge Kacsmaryk to issue a nationwide injunction against... *checks notes* ... Weisselberg's handwritten calculations on how to ensure Cohen could covertly get his $130K back by hiding it on top of his annual $60K bonus & then paying off the large tax bill that he'd subsequently get hit with after registering $420K total as "income". (!!!)
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GM Team Member and Senator WB
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« Reply #2178 on: April 23, 2024, 10:32:20 PM »

You all missed the most important part of today's testimony.



"your honor, he is not cringe and has rizz"
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brucejoel99
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« Reply #2179 on: April 23, 2024, 10:46:48 PM »


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brucejoel99
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« Reply #2180 on: April 24, 2024, 06:25:00 PM »

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brucejoel99
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« Reply #2181 on: Today at 10:02:36 AM »
« Edited: Today at 10:23:11 AM by brucejoel99 »

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brucejoel99
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« Reply #2182 on: Today at 10:52:38 AM »

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Fmr. Gov. NickG
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« Reply #2183 on: Today at 10:57:48 AM »

Couldn't they get around any Confrontation Clause issues by just calling Dylan Howard as a witness?
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emailking
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« Reply #2184 on: Today at 11:12:07 AM »

Couldn't they get around any Confrontation Clause issues by just calling Dylan Howard as a witness?

Maybe that's why he said they'll be excluded "for now"?
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brucejoel99
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« Reply #2185 on: Today at 11:14:48 AM »

Couldn't they get around any Confrontation Clause issues by just calling Dylan Howard as a witness?

They presumably would if they could but he moved back home to Australia after leaving AMI & is now too unhealthy to travel internationally.
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GeorgiaModerate
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« Reply #2186 on: Today at 01:02:22 PM »


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brucejoel99
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« Reply #2187 on: Today at 02:05:03 PM »

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brucejoel99
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« Reply #2188 on: Today at 02:56:33 PM »
« Edited: Today at 03:15:09 PM by brucejoel99 »

A Tale of Two Adversaries

The People of the State of New York:


The Defendant:

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emailking
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« Reply #2189 on: Today at 03:13:21 PM »

Along those lines.

He won't be campaigning in any states that he needs to win, which helps Biden

He has Wednesdays and the weekends. As a practical matter, he rarely did his rallies outside the weekends.

Yes he did no campaign events today. The Biden campaign actually pointed this out, since he keeps complaining how it's unfair the trial is keeping him off the campaign trail.
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brucejoel99
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« Reply #2190 on: Today at 03:17:58 PM »

Along those lines.

He won't be campaigning in any states that he needs to win, which helps Biden

He has Wednesdays and the weekends. As a practical matter, he rarely did his rallies outside the weekends.

Yes he did no campaign events today. The Biden campaign actually pointed this out, since he keeps complaining how it's unfair the trial is keeping him off the campaign trail.

*Incidentally, fixed a whoops in my first embed's link, meant for the news of the Manhattan cooperation agreement to be the point of comparison lol
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brucejoel99
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« Reply #2191 on: Today at 03:52:43 PM »

Great news for the defense!

Post-trial proceedings:

Prosecution accuses Trump's counsel of improper impeachment, leading to an exchange where Emil Bove tests the judge's patience.

Merchan: "Mr. Bove, are you missing my point? Because I don't think you're responding to what I'm saying."

Now turns out that there was nothing in the document that spoke to the meeting

Merchan: --  gave the impression that the document covered the issue of the meeting.  That's improper attempt to refresh recollection, when there wasn't.  so it's misleading and ill correct tomorrow.

Merhcan to Bove: "Are you missing my point?  Because I don't think you're responding to my statement.  you gave the impression there was something in the document when there wasn't.  so please be more careful."  not as bad as "you're losing all credibility," but not great.

Bove will start tomorrow w/ a real embarrassment before jury, as judge tells them Bove basically misled them in characterizing document he was supposedly using to "refresh [Pecker's] recollection." A bad way to start the day and +-undoes the solid if not very damaging work he did

News—

As proceedings end, Justice Merchan announces he's signed the order to show cause on Trump's four latest alleged gag order violations.

He's scheduled a hearing on Wednesday at 2:15 p.m. ET

The big questions:

Does Justice Merchan rule on the first 10 alleged violations before that hearing, and if he does, does he warn Trump about possible imprisonment for further violations in that ruling?
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soundchaser
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« Reply #2192 on: Today at 03:56:54 PM »

I should've known there was something wrong with the cross-examination. It seemed WAY too solid for Bove.

The jury probably won't react favorably to "yeah, the defense basically lied to you."
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The Mikado
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« Reply #2193 on: Today at 04:50:02 PM »

Along those lines.

He won't be campaigning in any states that he needs to win, which helps Biden

He has Wednesdays and the weekends. As a practical matter, he rarely did his rallies outside the weekends.

Yes he did no campaign events today. The Biden campaign actually pointed this out, since he keeps complaining how it's unfair the trial is keeping him off the campaign trail.

Trump's next scheduled rally is Saturday May 11th (not this Saturday, not next Saturday, but the Saturday after). In Wildwood, NJ of all places.

For a guy complaining this trial is keeping him off the campaign trail, he's not trying to make up for lost time.

I've pointed this out elsewhere, but northeastern Pennsylvania is like RIGHT THERE from New York City and is the key region that'll probably decide the state. He could probably finish his trial on a Tuesday and fit in Tuesday evening and Wednesday events in Scranton and Wilkes-Barre and be back for Thursday trial.
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emailking
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« Reply #2194 on: Today at 04:54:49 PM »

In 2015 he would campaign all over the country and go to bed in Trump tower every night. He's got the means.
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Progressive Pessimist
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« Reply #2195 on: Today at 05:28:46 PM »

Along those lines.

He won't be campaigning in any states that he needs to win, which helps Biden

He has Wednesdays and the weekends. As a practical matter, he rarely did his rallies outside the weekends.

Yes he did no campaign events today. The Biden campaign actually pointed this out, since he keeps complaining how it's unfair the trial is keeping him off the campaign trail.

Trump's next scheduled rally is Saturday May 11th (not this Saturday, not next Saturday, but the Saturday after). In Wildwood, NJ of all places.

For a guy complaining this trial is keeping him off the campaign trail, he's not trying to make up for lost time.

I've pointed this out elsewhere, but northeastern Pennsylvania is like RIGHT THERE from New York City and is the key region that'll probably decide the state. He could probably finish his trial on a Tuesday and fit in Tuesday evening and Wednesday events in Scranton and Wilkes-Barre and be back for Thursday trial.

He may love campaigning, but he isn't exactly smart about where he does it.
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