The existential threats to our democracy and fundamental rights are real & urgent. We need voices in Congress with experience and courage to defend our democracy & rights, as I did leading the impeachment investigation of Trump.
Right now, everything is at stake: the right to choose, the right to vote, the right for all people to reclaim the American Dream.
I have spent my career standing up to criminals and those who abuse their power. In Congress I will stand up for democracy and our rights. #DG4NY
Donald Trump and the Republican Party are scheming to steal the 2024 election, but too few people are paying attention. We need experienced voices in Congress to stand up to Trump and his party, as I have done before. #DG4NY
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SHORT THREAD: It appears that @ManhattanDA and Mark Pomerantz had a good faith disagreement about the strength of the evidence of a low-level felony against Trump — the type of disagreement that line prosecutors and their superiors have all the time.
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There is a BIG difference between *knowing* somebody committed crimes and *proving* those crimes in court. The problem with this case has always been the evidence of Trump’s knowledge — it is not enough to say “of course he knew.” And Michael Cohen is a tarnished witness.
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The easy thing for Bragg to do would be to charge Trump. It certainly would be the politically expedient thing to do. He’s got every incentive to pursue charges, including as a distraction from the backlash from the Day One memo.
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🧵After reading this story a couple of times, and from my decade as a prosecutor (including alongside @ManhattanDA), my deep knowledge of Trump/the TO from investigating both in Congress, and my understanding of Cohen from interviewing and deposing him, I have a few thoughts:
1) @ManhattanDA is correct to be very concerned about Cohen as his key witness. A good defense attorney will skewer him on cross, neutering his testimony and poisoning the rest of the case. He could be a fine complementary witness but he cannot be the central witness.
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2) I would be surprised if anyone other than Weisselberg could be the key witness you would want (and probably need) to charge Trump. And W is not cooperating (and I don’t believe he will even if convicted at trial). I doubt the controller or COO could testify to intent.
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As I discussed with @maddow tonight, a few observations from today’s Trump Org hearing:
1) As I’ve been saying all along, it still does not appear that Weisselberg will cooperate, nor do I think Trump or any of his children will be charged. W seems eager to fight the charges.
2) Of note, the prosecutor referred to Weisselberg as the “boss” of the financial records at issue. Obviously we know Trump is the boss, but that is an indication that W is at the top of THIS scheme. This, without W’s cooperation, I don’t think Trump or his kids will be charged.
3) according to W’s lawyers (who know a lot about the investig), the ADA told them that tax docs were found in co-conspirators’ basements. That means the ADA has evidence that 1) there are co-conspirators 2) whose residences were likely searched pursuant to a search warrant.
My friend @AWeissmann_ provides excellent perspective on the Trump indictment. But I think there are some unique variables that separate this case from the organized crime or federal fraud cases he references. (Of course, only time will tell.) justsecurity.org/77369/how-to-r…
First, Weisselberg already received immunity from the SDNY, and whispers were that he was unhelpful even if truthful. That may be one reason why the SDNY gave the investigation to the DA. But the prospect of him being cooperative in the grand jury seems unlikely to me.
Second, my experience investigating the TO leads me to believe that Weisselberg would be the linchpin to any prosecution of Trump or his children. There are clearly lower level employees in the crosshairs — hence the protective order — but they are unlikely to get to Trump.
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.
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.
1) McGahn testifying behind closed doors doesn’t move the needle much, because it will merely provide us with another transcript that we can read, similar to the Mueller Report.
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2) Since Trump is no longer in office, McGahn’s testimony is mostly (if not only) relevant to a potential criminal prosecution for obstruction of justice. So there isn’t much to be gained by having him testify, particularly behind closed doors.
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3) There is a lot for Congress to lose, however, if the appeals court were to issue a bad ruling that undermined congressional subpoena authority. A lot more downside for Congress in a bad opinion (for it) than upside in his public testimony.
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