Win some, lose some: Fight on!
March 26, 2024
Let’s focus on the good news first: Judge Juan Merchan ordered that Trump's NY state criminal trial for election interference (hush money) will start on April 15, 2024. Merchan did so after excoriating Trump's lawyers for their most recent effort to delay the trial by making bad-faith claims about the late production of documents by the federal government (US Attorney’s Office in Southern District of New York).
Thus, the first attempt to hold Trump accountable for his crimes before a jury of his peers will begin in less than three weeks. See Washington Post, Trump reels from competing court decisions as trials disrupt campaign. (Article is accessible to all.)
At the hearing, one of Trump's lead trial attorneys, Todd Blanche, torched his credibility with Judge Merchan, who grew increasingly agitated as Blanche made clear he had no evidentiary basis for assertions of prosecutorial misconduct. Clients should not suffer for their attorney’s mistakes, but Trump pushed Blanche to assert baseless claims to delay the trial—including intimating that Judge Merchan was part of a plot to unfairly prosecute Trump.
If the proceedings on Monday are any indication, Trump's attorneys will be given no leeway or presumption of good faith in the trial. That is the right outcome and should result in a streamlined trial that will adhere closely to the central issue: Did Trump direct Michael Cohen to pay “hush money” to Stormy Daniels to prevent information about their relationship from becoming public before 2016 election? The answer is self-evidently “Yes.” An impartial jury applying the facts to the law should convict Trump.
There are, of course, no guarantees in a criminal trial. But the trial itself will be a healthy airing of the criminal charges against Trump—in all their sordidness and corruption. I add the final qualification not to gloat or celebrate Trump's troubles. Rather, the episode strikes at the heart of free and fair elections—the use of “hush money” to prevent the public from knowing the truth about the candidate.
And this crime was at the genesis of Trump's ascension to power. His reputation was already reeling from the Access Hollywood tape. The revelation of two more relationships while Trump was married to Melania—one with a porn star and the other with Playboy Playmate—may have been enough to change the votes of tens of thousands of voters. That narrow margin of victory in a handful of states could have evaporated if the public had learned that Trump was a serial cheater on his current wife.
Of course, Trump is not being prosecuted for having multiple affairs. He is being prosecuted for disguising the nature of the payments to Stormy Daniels, claiming that the money transferred to Michael Cohen was payment of attorney’s fees. If you need a refresher regarding the complicated facts, see Just Security, Visualizing ‘Hush Money’: How Trump’s Complex Payoffs Sparked 34 Election-Related Criminal Charges.
The indictment in the election interference / hush money case is here: People of New York v. Trump.
Trump's post-hearing “press conference” was desperate and rambling.
In a preview of things to come, Trump held a rambling, mistake-filled, grievance-fueled press conference that did him no favors. The overall impression is that Trump is living in the past, obsessing over perceived slights and unfairness that no one recalls or cares about. See user-created clips on CSPAN, here: “You can’t have an election in the middle of a political season” and “We’ve had Tuesday after Tuesday already,” and “"It's all Biden and his thugs."
Trump will be giving such speeches on a daily basis for weeks during the “middle of a political season.” The Biden-Harris campaign issued a statement after Trump's press conference on Monday that said,
Donald Trump is weak and desperate —both as a man and a candidate for President.
He spent the weekend golfing, the morning comparing himself to Jesus, and the afternoon lying about having money he definitely doesn’t have.
His campaign can’t raise money, he is uninterested in campaigning outside his country club, and every time he opens his mouth, he pushes moderate and suburban voters away with his dangerous agenda.
America deserves better than a feeble, confused, and tired Donald Trump.
It is only going to get worse for Trump as the trial commences. As a criminal defendant, Trump must attend trial every day, sitting at the table closest to jury. The jurors will be able to observe Trump's every twitch and hear Trump's stage whispers—a practice that Judge Merchan will surely prohibit.
It will be torture for Trump—and will be an extended test of his self-proclaimed stamina and health. Without a stream of personal assistants bearing diet cokes, hair spray, and tanning lotion, we will see the real Trump emerge over time.
Meanwhile, Biden and Harris will be free to continue campaigning across the nation.
New York appellate division grants Trump relief from posting bond.
Only hours before Trump was required to post a half-billion dollar bond, a five-judge panel of the New York appellate division reduced Trump's bond to $175 million and stayed the remaining provisions of the judgment (except for the appointment of a monitor and director of compliance).
To be clear, the judgment entered by Judge Engoron has not been reversed, merely stayed, providing that Trump posts a $175 million within ten days. The judgment will be considered on the merits when Trump files his appeal.
Procedural details aside, the order by the appellate division was an insult to the people of New York. The panel adopted a two-tiered system of justice, one in which a privileged billionaire receives the exact relief he requests without explanation or justification.
That’s right, the appellate division reduced Trump's bond by nearly a third and did not provide a word of explanation. The order is here: Order | Motion No. 2024-01025. You can read the order for yourself, but the only words of explanation for the appellate division ruling are the following:
[U]pon reading the papers with respect to the motion, and due deliberation having been had thereon. . . . It is ordered that the motion is granted . . . .
Given the importance of the issues, the failure of the appellate division to provide an explanation demonstrates contempt for the people of New York (and the nation). And given the absence of an explanation by the appellate division, Americans are free to make reasonable assumptions about why the division acted as it did. And assuming that the division applied a “billionaire exception to the law” is reasonable.
The appellate division can, of course, issue a clarification any time it chooses to do so. Until then, we need not indulge the appellate division by imagining principled reasons for its decision. They could have enlightened us. They chose not to.
In the meantime, Americans have every reason to be angry, to believe that the courts have once again failed them by applying a two-tiered system of justice.
But . . . the relief granted to Trump will not advance his electoral prospects, just as failing to post a half-billion-dollar bond would not have deterred him. As always, we must beat Trump at the ballot box in order to ensure that he is held to account criminally and civilly for his crimes and corruption.
Update on NBC’s hiring of Ronna McDaniel.
Thanks to the hundreds of readers who sent me copies of their emails to NBC executives about the network’s hiring of Ronna McDaniel. I was struck by the eloquence and passion of the emails. People were not abusive (although there was probably a lot of self-selection at play). Many people discussed the trusted place that MSNBC has played in their lives over the last seven years. Others discussed their trust in NBC going back decades—to Huntley, Brinkley, Chancellor, Brokaw, and Mudd.
At this challenging moment in our nation’s history, MSNBC has played an important role in helping to preserve our democracy. It is not perfect—far from it. But it has been a voice of sanity and hope, demanding action by a passive Merrick Garland. Indeed, Rachel Maddow sustained a one-woman campaign that shamed the DOJ into pursuing the fake elector’s plot after nearly fourteen months of inaction.
That is why the betrayal by the NBC executives seemed so personal. And it was personal to MSNBC anchors, as well. Over the course of the day, nearly every anchor spoke up to condemn the role that Ronna McDaniel played in the attempted coup and the decision by NBC executives to hire her. Anchors who spoke up included Joe Scarborough, Mika Brzezinski, Nicole Wallace, Joy Reid, Rachel Maddow, and Lawrence O’Donnell. (I am not certain whether other anchors addressed the issue.)
Each of the anchors spoke the truth in plain words . . . about their own employer. It took courage. Good for them! But the battle isn’t over. It has just begun.
Opportunity for Reader engagement.
Force Multiplier is holding an event on Thursday, March 28th, focusing on three congressional districts in New York. Here is the note I received from Force Multiplier:
Join Force Multiplier on Zoom at 7p ET on Thursday, March 28th, when you'll meet former Congressman Mondaire Jones, Laura Gillen and Josh Riley who are running to flip three key New York districts back to the Democratic column. Let's help them do what Tom Suozzi did last month! Register and Donate here.
Here is an interesting opportunity for filmmakers and creators who are passionate about democracy. Check out the One Dem Minute Film Festival:
For all of you creative types out there; time to unleash your creativity!
One Dem Minute Film Festival believes that original videos, from a variety of voices and styles, can inspire “squishy” Democrats, Undecideds, and Independents to vote for Democratic candidates in 2024. Your original short video submissions will be crowdsourced with pro-Democratic messaging that refutes right-wing propaganda and inspires Americans to vote blue in November. Submissions open April 1 thru July 31.
Visit onedemminute.com for more info. Share your vision, and help preserve our democracy in a matter of minutes!
Submissions and information: The One Dem Minute Film Festival – BECAUSE THE CLOCK IS TICKING FOR OUR DEMOCRACY
Concluding Thoughts
Among the comments made by MSNBC’s anchors, those by Rachel Maddow stood out. Rachel was particularly direct, refuting the “spin” that executives at MSNBC put on their initial support for the hiring of McDaniel. See The Hill, Maddow blasts ‘inexplicable’ decision by NBC to hire McDaniel.
Rachel concluded her commentary with the following plea to her corporate bosses:
Take a minute, acknowledge that maybe it wasn’t the right call. It is a sign of strength, not weakness, to acknowledge when you are wrong. And our country needs us to be strong right now.
Good advice for all of us: “Our country needs us to be strong right now.”
Talk to you tomorrow!
Last night Rachel Maddow treated us to a memorable 25 minutes master class in journalism, ethics and civic values. Starting out with a history lesson on several fascist wannabes (I once wrote a paper in university on Father Coughlin. He was the first to purposefully use electronic media - radio at the time - to spread his venom) whose campaigns never got traction as they lacked the support of one of the big parties she then explained how trump made a difference. He was able to usurp the GOP. And he did so with the help of the Quisling he installed and later dumped.
Well done. The future of Ronna Romney McDaniel at NBC should be over already. As many probably didn't watch it for understandable reasons here is a link I found (unfortunately only the second half of her piece):
https://www.youtube.com/watch?v=CqassXP6HAU
Robert, I am going to keep on feeling positive that Biden-Harris will win come November. The House is falling apart as the cards are rapidly crashing down. We just need a couple more R’s to say “adios” and Hakeem becomes speaker. Brings music to my ears. In the meantime, this morning or afternoon, we will get the grim news from SCOTUS that the Justice 6 will vote against women, once again, in not allowing mifepristone to be legally made available to those who need it. As a mother of two adult daughters and a strong advocate for women’s rights, don’t be surprised at the surge at the floodgates. I am hoping that governors in blue states will simply ignore this decree and carry on as if nothing has happened. Just my two cents.
Ronna McDaniel deserves every bit of anger aimed at her and at the execs within the NBC universe. She was right in the middle of things, phone calls, allowed Trump to pilfer the RNC coffers and told lies upon lies about the newscasters which put them in harm’s way. Ronna is as despicable as her former master and for NBC to spit in the faces of the very people who bring us the news on their stations, is abhorrent. Don’t know if you watched Lawrence tonight but he said if he had an opportunity to have her on, which he won’t, he would ask her why she changed her name for Trump from Ronna Romney McDaniel to just Ronna McDaniel. I thought that was great!