I’ll be watching three legal stories unfold Monday: the real opening of the Manhattan DA’s trial; the hearing on whether to cancel Trump’s $175 million bond; & the public filing of witness statements in the MAL docs case.
But the thing I keep thinking about is who the first witness will be. And if I’m telling this story chronologically, the person I’d call first is this guy on the right, former American Media chairman David Pecker:
According to the Manhattan DA’s statement of facts accompanying the indictment, the story begins with Trump’s infamous ride down the elevator in June 2015, when he declared his candidacy for president.
But “soon after,” in August 2015, Trump and Cohen met with Pecker, who offered to serve as the campaign’s “eyes and ears” to help Trump—and hurt his rivals—through the National Enquirer’s coverage.
That American Media made good on its promises is important, especially since it admitted to certain conduct through a non-prosecution agreement with DOJ in 2018 and this “conciliation agreement” with the Federal Election Commission in 2021:
But even more significant? Pecker can testify that Trump not only understood but heartily endorsed his publication’s offer to “catch and kill” negative stories about him, especially as they pertained to Trump’s alleged extramarital affairs.
And given how few people outside Michael Cohen directly communicated with Trump about the scheme at issue, Pecker’s testimony could be critical in establishing Trump’s intent and knowledge. FIN.
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NEW: As the FBI executes a search warrant at a Fulton County board of elections office, it's worth remembering that there is existing litigation between DOJ and Fulton County over DOJ's attempt to obtain records pertaining to the 2020 election. 1/
In October, and at the request of the Georgia Election Board, DOJ issued a subpoena to Fulton County for "all used and void ballots, stubs of all ballots, signature envelopes, and corresponding envelope digital files from the 2020 General Election in Fulton County." 2/
In its December 2025 civil lawsuit, DOJ claims it sought these records due to "unexplained anomalies in vote tabulation and storage related to the 2020 election.” justice.gov/crt/media/1420…
NEW: Folks have been asking why Attorney General Pam Bondi, in her letter to Tim Walz, fixated on DOJ’s obtaining MN’s voting data. The answer may lie in Trump’s public statements—and MN’s last three elections. 1/
On Jan. 9, Trump met with oil and gas executives at the White House in a meeting his administration then posted to YouTube. Roughly 54 minutes in, Trump was asked about the feds’ failure to share evidence of Renee Good’s killing with state officials. 2/
Trump started by criticizing Gov. Walz and complaining about the “$19 billion” fraud uncovered in MN and mostly, according to him, perpetrated by Somali immigrants. But within a minute or so, he was talking about the elections. 3/
NEW: Comey moves to dismiss on grounds of multiple alleged instances of grand jury misconduct, stating that because the two-count indictment was never presented to the full grand jury, there was no actual indictment within the five-year statute of limitations for the two charged crimes.
This is hardly Comey's only effort to dismiss the indictment. He has two fully briefed and already argued motions to dismiss: one on grounds of selective/vindictive prosecution and the other due to Lindsay Halligan's allegedly unlawful appointment.
Some expected that Comey would wait for Judge Michael Nachmanoff to decide whether, as a magistrate judge previously ruled, he should get the transcripts and other grand jury materials.
NEW: In order to prove vindictive prosecution, a defendant has to show they have been charged due to a genuine animus toward them on account of their exercise of constitutional or statutory rights. That's usually a very tough road to hoe. 1/
Enter Tish James (and her legal team, led by Abbe Lowell). Their brief tonight cites to an Exhibit A, a 112-page compilation of 360 of Trump's public statements dating back to the day after she opened her investigation of the Trump Org and him. 2/
That exhibit reflects a LOT of work but everything in it was already public. What I don't recall seeing before is Exhibit G, an August 2025 letter to Lowell from DOJ's "special attorney for mortgage fraud" Ed Martin. 3/
As I was looking for information about the appointment of Kelly Hayes, the U.S. Attorney for the District of Maryland, I found an interesting DOJ press release. It describes how U.S. Attorney vacancies should be filled. 1/
Specifically, it explains: “Pursuant to the Vacancy Reform Act, 28 U.S.C. § 546, the Attorney General has the authority to name a U.S. Attorney to serve on an interim basis for up to 120 days.” 2/
The press release continues, “After that time, if a successor isn’t nominated and confirmed, it falls to the district court to appoint a U.S. Attorney to serve until the confirmation of his or her successor.” 3/
On February 27, Attorney General Bondi told Kash Patel she'd learned the NY field office was sittting on thousands of pages of Epstein records in a sharp letter. 1/
And then she gave a directive: "By 8:00 a.m. tomorrow, February 28, the FBI will deliver the full and complete Epstein files to my office, including all records, documents, audio and video recordings, and materials related to Jeffrey Epstein and his clients, regardless of how such information was obtained." 2/
Bondi continued, "There will be no withholdings or limitations to my or your access. The Department of Justice will ensure that any public disclosure of these files will be done in a manner to protect the privacy of victims and in accordance with law." 3/