Showing posts with label JUSTICE JUAN MERCHAN. Show all posts
Showing posts with label JUSTICE JUAN MERCHAN. Show all posts

Saturday, January 4, 2025

Today in Politics, Bulletin 39. 1/3/25

 


Mike Desperately Clings to Speakership

 

Speaker Mike Johnson singed by a blast of conservative fury - POLITICO
Credit: AP

Hello and thanks once again for reading Today’s American News, your source of news and analysis for the circus that is American politics and entertainment. Can you believe it’s 2025 already??

Johnson prevails as House Speaker, for now… As expected, Republican Mike Johnson was re-elected as Speaker of the U.S. House of Representatives, albeit with a narrower majority. The vote came after two defections and last-minute conversations with far-right holdouts. Politico, however, reports that Johnson’s “headaches” have only begun and “the aftermath of his victory made it clear that conservatives see this as a tentative truce.”

GOP transphobes fail in effort to target first trans member of Congress… Rep. Nancy Mace (R-NC) is the Republican House majority’s official bathroom police. The rep, who famously donned a “scarlet letter” in an attempt to garner pity last session, has championed a House rule targeted at Rep. Sarah McBride (D-DE), the first openly trans member of Congress. However, the rule was not included in the rules package enacted by the Republican majority, NBC News reports. Mace has repeatedly misgendered McBride, a previous senior official at the Human Rights Campaign and a former state senator, and wishes to force her colleague to use the bathroom that does not match her gender identity.

Biden rejects Japanese company’s acquisition of US Steel… Japan’s Nippon Steel will not be allowed to acquire US Steel in a $14.3 billion proposed deal, President Biden mandated in an executive order signed today. “A strong domestically owned and operated steel industry,” Biden said in a statement, “represents an essential national security priority and is critical for resilient supply chains.” The move is significant but not surprising, and Trump had vowed to issue the same executive order once in office had Biden not made the move.

Judge confirms Trump’s Jan 10 slap on the wrist for 34 felony convictions… Only ten days before his inauguration for a second term as president, convicted felon Donald Trump will be sentenced, sort of. Trump’s legal team moved unsuccessfully to dismiss the case. New York Judge Juan Merchan issued an order today upholding the January 10 sentencing date but implied that incarceration was not feasible. Trump was convicted in May by a jury of his peers on 34 felony charges concerning hush money payments to adult film star Stormy Daniels and a subsequent coverup to deceive 2016 voters.

Today’s Buzz

RuPaul’s Drag Race Season 17 premiers… Let’s hear it for RuPaul, folks. Seventeen(!) seasons for Drag Race and stopping no time soon. The Season 17 premier was tonight. Catch future episodes Fridays at 8PM ET (5PM PT) on MTV or next day on Paramount+. The first ten minutes of tonight’s episode can be seen below.

Today’s Furry Friend

Today we bring you the latest animal-related good news story from Jenn, AKA That Good News Girl.

That’s Today’s American News, folks. Enjoy your weekend and we’ll be back with more headlines on Monday.

Trump’s hush money case sentencing set for Jan. 10

 


Friday, January 3

Today, Tim Cook donated $1 million to Trump's inauguration, just another tech CEO putting their business interests over the future of our country. Our only interest is keeping readers like you informed on the latest threats to our democracy — if you want to support an independent news outlet that puts readers first, consider upgrading to a premium Democracy Docket membership.

Trump’s hush money case sentencing set for Jan. 10

  • A New York judge upheld President-elect Donald Trump’s conviction in his hush money case today and scheduled his sentencing for Jan. 10. The judge rejected Trump’s argument that the case should be dismissed because of the U.S. Supreme Court’s presidential immunity decision.


  • New York Supreme Court Justice Juan Merchan also indicated in his decision that he would not sentence Trump to jail or probation, instead ordering an unconditional discharge, which has no obligations attached.


Election denier Mike Johnson reelected as House speaker

  • The House of Representatives voted today to reelect Speaker Mike Johnson (R-La.), an election denier who led efforts to overturn the 2020 election.


  • Last year, Johnson heavily pushed a narrative about the dangers of noncitizen voting, which is already illegal and exceedingly rare, leading his chamber to pass the Safeguard American Voter Eligibility (SAVE) Act — a nationwide proof of citizenship bill.


Speaking of noncitizen voting…

  • Despite noncitizen voting already being illegal, Republicans filed 16 lawsuits during the 2024 election cycle in an effort to sow doubt in elections and spread fear. Read here to learn how the GOP brought the issue to court.


  • The 119th Congress was sworn in today, and the GOP-controlled House of Representatives and Senate are set to consider two bills related to noncitizen voting.


Republicans trust U.S. elections more after Trump win

  • Last month, after Trump was elected president, 64% of Republicans said they were confident in the accuracy of the 2024 election, a spike from October when only 23% shared that sentiment, according to a new poll from The Associated Press-NORC Center for Public Affairs.


In Trump’s America, there’s democracy only when he wins

  • In a recent Democracy Docket article, Marc wrote about how Trump has made it clear that he only believes in democracy when he wins.


  • Marc also explains this viewpoint in a YouTube video, breaking down what it says about the GOP and why everyone should still be concerned about the future of American democracy even if Trump won’t be on the ballot again.


North Carolina Democrats challenge GOP power-grab law

  • Last month, then-North Carolina Gov. Roy Cooper (D) and Gov.-elect Josh Stein (D) moved to challenge the power-grab law Senate Bill 382, which removes the governor's power to appoint members to the state election board and gives it to the state auditor.


  • Cooper and Stein filed this new motion in an ongoing lawsuit challenging Senate Bill 749, a similar law that gave the governor's power to appoint state election board members to the North Carolina Legislature. A state court struck down the bill in March for violating the state constitution.


The best and worst of 2024

  • 2024 was one for the books. Check out the Democracy Docket team's thoughts on the worst conspiracy theory, the best debate response, sorest loser and more.

Friday, December 20, 2024

Trump is not immune in NY case, and he's big mad about it


Trump is not immune in NY case, and he's big mad about it

The wheels of justice are still turning. Barely.


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On Tuesday, the president elect fired off a spittle-flecked rant that was inchoate even by his own debased standards.

“In a completely illegal, psychotic order, the deeply conflicted, corrupt, biased, and incompetent Acting Justice Juan Merchan has completely disrespected the United States Supreme Court, and its Historic Decision on Immunity,” he fulminated, complaining that “Merchan has so little respect for the Constitution that he is keeping in place an illegal gag order on me, your President and President-Elect.”

“I am the only Political Opponent in American History not allowed to defend myself,” he howled, predicting that the court’s refusal to disappear his conviction for creating fraudulent records to cover up the hush money payment to Stormy Daniels would lead to “the end of the Presidency as we know it.”

None of that is true. For one thing, the Supreme Court itself left the gag order in place, denying an application from conservative podcaster Joseph Neirman, who calls himself “Good Lawgic,” to lift the ban on attacking the judge’s family. (Seems like his lawgic was … not so good.)

The truth is that as Trump prepares to retake power and tries to convince Americans he has a mandate to gut the federal government, he’s furious that he’s being held accountable in any tiny way for all the crimes he was charged with and convicted for.

Trump's Time interview provides a sobering reminder

Trump's Time interview provides a sobering reminder

·
Dec 17
Read full story

What is that lunatic even on about?

Proximately, Trump is mad because Justice Juan Merchan denied his motion to dismiss the New York criminal case on grounds of presidential immunity.

Thanks to six craven justices, evidence of official presidential acts is barred, even when the crime itself is unrelated to official conduct. Trump argued that this meant his 34 convictions for creating false business records were tainted by the introduction of impermissible evidence.

Two of Trump’s aides, Hope Hicks and Madeleine Westerhout, testified at the trial about discussions that took place at the White House. In addition, the prosecution introduced a 2018 government financial disclosure in which Trump referred to an outstanding debt to Michael Cohen, undercutting the claim that Cohen was performing actual legal work. Prosecutors also pointed to several tweets from 2018 as evidence of Trump’s pressure campaign to get Cohen not to flip. Trump argued that all of these should have been excluded, and thus the verdict must be overturned.


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“[The District Attorney] concocted a dubious theory of a 2018 ‘pressure campaign’ by President Trump so that they could falsely claim to the jury that people like Hope Hicks and Madeleine Westerhout provided some measure of corroboration for testimony that the prosecutors themselves struggled to credit,” his lawyers Todd Blanche and Emil Bove wrote in their motion to dismiss. “In order to vindicate the Presidential immunity doctrine, and protect the interests implicated by its underpinnings, the jury’s verdicts must be vacated and the Indictment dismissed.”

The problem with this argument is that Blanche and Bove failed to make it beforehand — or at least not in timely fashion. The trial was due to begin on March 25, and the lawyers waited until March 7, long after the 45-day deadline, to move to dismiss and/or exclude evidence on grounds of presidential immunity. (The trial was delayed by a month thanks to a wholly spurious allegation of prosecutorial misconduct lobbed by Trump’s lawyers.) Justice Merchan denied the dismissal motion as untimely, but told them they could raise immunity objections at the trial itself. In the event, they failed to object to each piece of contested evidence, seemingly forgetting to protest Westerhout’s testimony at all. And so, in legal parlance, the objections were not fully “preserved.”

Blanche and Bove had several theories as to why this shouldn’t count against them. They blamed Manhattan District Attorney Alvin Bragg, who refused to delay the trail until after the Supreme Court issued its ruling.

Having rushed the case to trial over President Trump’s objection, while these very issues were under review in Supreme Court proceedings that now require this litigation, District Attorney Bragg should not be permitted to try to clean up the mess he created after the fact.

They insisted that, under Trump v. US, the court was required to hold a hearing on the official evidence, and the lack of one constituted a “mode of proceedings error” that invalidates the outcome. They claimed that they failed to object to "avoid antagonizing the court or testing its patience," and should thus be treated as if they had cowboy-ed up and done what the law requires.

A toxic brew of money and threats is perverting the courts

A toxic brew of money and threats is perverting the courts

·
Dec 13
Read full story

Justice Merchan responded dryly that “the trial record demonstrates that this Court did not curtail counsel or limit his right to object. In fact, the record demonstrates that counsel objected approximately 170 times during the course of the trial.” He also noted, as part of Trump’s failed effort to get his case into federal court, US District Judge Alvin Hellerstein examined the underlying conduct and ruled that dummying up fake legal bills to pay your lawyer back for money fronted to a porn star is not an official act. So Trump has actually had the benefit of a procedure quite like the one he says was a necessary precursor to the trial.

And if the underlying conduct was not official, then discussing it on Twitter or with White House aides must also be non-official, the court reasons.

It is therefore logical and reasonable to conclude that if the act of falsifying records to cover up the payments so that the public would not be made aware is decidedly an unofficial act, so too should the communications to further that same cover-up be unofficial.

Hope Hicks’s testimony, to which Trump did preserve some objections, was about the coverup of events that preceded his presidency. For instance, she testified that she helped craft the statement to the Wall Street Journal calling the Daniels story “old, recycled reports, which were published and strongly denied prior to the election.” Even under the Supreme Court’s wildly expansive definition of immunity, an official person is able to speak in a wholly private capacity. (That is, speech is official based on its content, not the identity of the speaker.) And so the court concludes that Hicks’s testimony was admissible, even under the Trump standard, because it involved conduct that took place before Trump was president.

“Defendant's attempts to sweep these communications under the protections afforded by the Take Care and Vesting Clauses is unpersuasive and Defendant has not referenced any Constitutional authority upon which he was acting for any of the four communications with Ms. Hicks,” Justice Merchan wrote.

Nancy Mace's never-ending chase for 15 more minutes of fame

Nancy Mace's never-ending chase for 15 more minutes of fame

·
Dec 3
Read full story

Finally, the court ruled that the disclosure of the Cohen debt (incurred before his presidency) was not an official act: “A financial disclosure form that is required to be prepared and filed by other federal government employees cannot be subject to Presidential immunity.”

All of this will be appealed, of course. But Justice Merchan backstopped his own ruling by saying that, even if all this evidence should have been excluded under Trump v. US, it doesn’t matter, because Trump would have gotten convicted anyway: “Lastly, this Court concludes that if error occurred regarding the introduction of the challenged evidence, such error was harmless in light of the overwhelming evidence of guilt.”

It’s an incredibly thorough, well-reasoned opinion, which may or may not hold up on appeal — the Supreme Court’s conservatives have shown an almost superhuman capacity to start from the desired result and reason their way backward. But Trump is simply wrong when he claims that it’s contrary to law.


So, what’s left of this case?

As of now, Trump still has a pending motion to dismiss based on a grab bag of inanities and previously-rejected legal theories. Known as a “Clayton motion,” it basically asks the court to set aside the verdict in the interest of justice.

The filing touches on the Hunter Biden pardon, Special Counsel Jack Smith’s investigation, and the District Attorney’s supposed improper motivations. It also reminds the court that Trump won the election, and is about to be president, despite the considered opinion of twelve jurors in Manhattan that he’s a criminal.

On November 5, 2024, the American people gave President Trump a powerful national mandate to Make America Great Again, and to address the harms perpetrated by the Biden-Harris Administration, including their unsuccessful lawfare using DANY, Smith, and others. President Trump won 312 Electoral College votes compared to Harris’s 226, and he beat Harris in the popular vote by approximately 2.5 million. President Trump is now fully engaged in the transition process. Congress will certify President Trump’s victory under the Electoral Count Act on January 6, 2025. President Trump will be inaugurated on January 20, 2025.

These are political arguments, which are neither appropriate nor effective. And it’s disheartening that they’re being made by two lawyers who are about to be running the Justice Department.

Trump's corruption of the DOJ goes much deeper than Gaetz

Trump's corruption of the DOJ goes much deeper than Gaetz

·
Nov 20
Read full story

The legal arguments amount to no more than a retread of the immunity claims, along with a repeat of their already-rejected claim that Justice Merchan should have recused himself. The only thing that’s plausibly new is a claim that Trump is so busy with the transition that it violates the Supremacy Clause to bother him with state criminal proceedings in which he is the defendant. This motion is almost certain to be denied.

There’s also a dispute over possible juror misconduct taking place largely off the public docket. That, too, appears to be Blanche and Bove hyping a story that will lead nowhere in an effort to publicly discredit the verdict, and heedless of the danger it may pose to the jurors.

As the prosecution points out:

Defendant does not want to participate in a hearing designed to evaluate these claims. He wants instead to use these unsworn, untested claims by his attorneys to undermine public confidence in the verdict. In other words, defendant is asking the Court to allow him to adjudicate his grievances only in the public forum wherein the only available relief is nonlegal.

The only other issue is sentencing, which Trump demanded be delayed before the election to avoid the appearance of political interference, and now says must be canceled entirely because he won. DA Bragg takes the position that the case can be functionally mothballed for four years, during which time Trump will be immune, although it’s unclear what effect that will have on his appeals. The odds that he is ever sentenced seem pretty low, although the prosecutors urge the court to leave the convictions on the books in the name of justice.

Trump’s rage is that he may not be able to wipe away this last vestige of accountability. After Judge Aileen Cannon blew up the stolen documents case, and the Supreme Court invented presidential immunity, and the Georgia Court of Appeals disqualified DA Fani Willis and her entire office from the election interference case, the New York case is the only viable one left.

And now the lawyers who have proven that they will do anything to please Trump are being rewarded with prestigious government offices. It’s a miscarriage of justice.

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