A short explanation of my analysis of the Trump Org indictment:
1) the allegations laid out in the indictment are powerful, persuasive and backed up by a lot of evidence. The scheme was premeditated and blatant cheating over a long period of time. The indictment is impressive.
1) the allegations laid out in the indictment are powerful, persuasive and backed up by a lot of evidence. The scheme was premeditated and blatant cheating over a long period of time. The indictment is impressive.
2) Weisselberg and the other unidentified employees referenced in the Indictment should be charged with these crimes. But this is not a typical case against a corp, even tho the heightened bar required to charge corporations is met. The consequences for the Org could be dire.
3) I spent some time learning about the Trump Org and I spent a lot of time with Michael Cohen, including deposing him. Based on my knowledge and experience, it is my belief that Weisselberg’s cooperation is likely necessary to charge Donald Trump, who does not email or text.
4) As a former prosecutor, it is my experience that when you want to flip a defendant, you throw everything you have at him. I’m assuming that is what the DA did with AW bc that provides the most leverage. Defendants are more likely to cooperate if they face a lot of jail time.
5) Because of AW’s position as the financial/accounting hub of the TO, I suspect he would have been involved in any other fraudulent activity (insurance fraud, loan fraud, accounting fraud, or corporate tax fraud). Thus, the DA would wait to see if he could charge AW with more.
6) AW declined to cooperate pre-indictment so they charged him with what they had. That means they likely don’t yet have a case to make on other fraud. But they likely would not have rushed this indictment if they might get there on other fraud and gain more leverage against AW.
7) As a result, my educated guess is that this is all they will charge AW with. And while it is a serious and brazen crime that should land him in jail, he has made the decision not to cooperate and I don’t think that will change.
8) Ordinarily, the co is the last one charged in a case because you want to flesh out all of the individuals and see who cooperates. So it would be very unusual to charge the co twice. I have no doubt they will continue to investigate and perhaps other lower level ppl will flip.
9) but this is why a) I think these are all the charges against Weisselberg, b) I don’t think he will flip, c) I don’t think Trump will be charged and d) I don’t think the Trump Org will be charged with anything else.
Two final thoughts:
A) insurance fraud, accounting fraud and loan fraud are very difficult cases to make. You need admissible evidence that proves every element beyond a reasonable doubt, including knowledge and intent. For someone like Trump who does not email, it’s even harder.
A) insurance fraud, accounting fraud and loan fraud are very difficult cases to make. You need admissible evidence that proves every element beyond a reasonable doubt, including knowledge and intent. For someone like Trump who does not email, it’s even harder.
B) I’m no fan of Trump but I do not believe he should be charged with a crime because one doesn’t like him or his politics. If you objected to his attack on the rule of law during his presidency, then you must stand up for the rule of law now even if he benefits from it.
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