Lisa Rubin Profile picture
Oct 3, 2023 7 tweets 2 min read Read on X
The New York Attorney General’s trial has definitely gotten under Trump’s skin. Yet he was far calmer at his arraignment on 30-plus counts of unlawfully retaining classified documents. Why is he stressing? 1/
Part of it is image. Trump’s self concept and public persona alike rest on his King of All Real Estate construct. Although the Attorney General has already exposed how much of it is a fiction, the trial will methodically unspool his legend, witness by email by letter. 2/
But it’s more than that. The remedies the AG is seeking — which Trump himself acknowledges constitutes a sort of “corporate death penalty” — are the only ones he can’t campaign away. If restored to the presidency, he can pardon himself for his alleged federal crimes. 3/
He can also arguably force the Manhattan and Fulton County DAs, who might not be able to try their cases against him before the election, to stop on the ground that prosecuting a sitting president is constitutionally verboten. 4/
But the only way out of Tish James’s civil suit is through (and then appeals). And before then, the court could impose serious penalties: bars on acquiring NY real property, borrowing from any NY-registered lender, or serving as an officer or director of any NY company. 5/
A monitor to direct (and correct) all financial reporting and controls; even a receiver to oversee the unwinding of his metaphorical trophy cases. And yes, maybe even the liquidation of his properties. 6/
And that’s before we get to any disgorgement of the profits from his fraud, which the AG estimates at “at least $250 million.” Collectively, for Trump, that smorgasbord of potential remedies is worse than any threat of prison. FIN.

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More from @lawofruby

May 8
I’ve heard a number of people refer to the Stormy Daniels testimony as “graphic,” and as a person who embarrasses easily, that’s not how I experienced it. 1/
Yes, there was a stray detail that I expect prosecutors and the defense alike wish she hadn’t said. But her description of the sexual encounter itself was brief and largely devoid of details. 2/
But even if it was not graphic, her testimony was vivid. The black and white tile on the floor of the foyer of Trump’s penthouse suite. Her hands shaking as she put her strappy gold heels back on. The Pert Plus, Old Spice, and gold tweezers she saw when snooping around the bathroom. 3/
Read 4 tweets
May 7
NEW: The ongoing Trump criminal trial is the fourth Trump trial in the last 12 months—and it’s my fourth too. And after watching dozens of witnesses, I’m afraid the more they change, the more things stay the same. 1/
I’ve watched a nearly 80-year-old E. Jean Carroll, who successfully accused Trump of sexual assault and defamation, fend off the implication that she was lying because she never called the police and didn’t tell her story for two decades plus. 2/
And now I’ve seen an adult film star more comfortable with her stage name than her given one similarly attacked for not calling the police or telling those closest to her after she was threatened in a parking lot 7 years before she went public with her whole story. 3/
Read 7 tweets
May 7
NEW: How do you prove a defendant caused others to make false business records where those with direct knowledge of his intent and involvement are limited to the defendant, a man now in jail for perjury, and Michael Cohen? 1/
You surround Michael Cohen’s expected testimony with a mountain of circumstantial evidence, an already substantial pile to which prosecutors just added excerpts from Trump’s books How to Get Rich and Think Like a Billionaire. 2/
Those excerpts reveal Trump as a micromanager who advised never taking one’s eyes off his checkbook, advertised he negotiated the price of everything “down to the paper clips,” trusted Weisselberg wholly, and boasted that he even loved signing checks. 3/
Read 4 tweets
May 7
NEW: If Stormy Daniels is indeed today’s first witness, it’s worthwhile to ask why — in a falsification of business records case — the jury needs to hear from her. Here’s one take: 1/
The prosecution has offered significant (& often direct) evidence of the conspiracy to bury Stormy and Karen McDougal’s stories. But now they have to convince jurors why Trump himself cared enough both to conceal their stories and cover up the Stormy settlement. 2/
That’s especially true given that both a blog and a magazine had published details about the alleged Stormy affair years before the 2016 election. 3/
Read 5 tweets
May 6
NEW: Former Trump Org. comptroller Jeff McConney is now off the stand, but the centerpiece of his direct examination wasn't even something he said. It was handwriting he recognized, specifically that of Allen Weisselberg, on this doc: Image
It's Weisselberg's handwriting on the left, McConney testified, in which Weisselberg sketched out the plan to repay Cohen = $180k for the Stormy payment and another, unrelated $50k, doubled to "gross up" Cohen for tax purposes, and with another $60k on the top for a "bonus."
And of course, it's not written on any old piece of paper, but instead, is scrawled on a First Republic Bank statement for Essential Consultants, LLC, the shell company Cohen set up to pay Stormy.
Read 4 tweets
May 6
Happy Monday, friends, from Courtroom 1530 (aka the Trump criminal trial). Today, we'll not only leave Hope's tears, but more broadly, I expect we'll also move on from the alleged underlying conspiracy to the alleged falsification of business records. 1/
While trial participants have been tight-lipped about who and what might come next, I am anticipating testimony that shows how the repayment scheme was developed, agreed to, & most importantly, papered, from the White House to the Trump Org. over Trump's first year in office. 2/
And of course, the evidence that will matter most is that -- whether testimonial or documentary -- showing Trump knew about and intended to conceal the true manner of the payment to Daniels. 3/
Read 8 tweets

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