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: Rep. LaMonica McIver moved to dismiss her indictment late last night. The general thrust of her motions is hardly shocking—but her legal team’s retelling of her visit to Delaney Hall, as informed by discovery received from DOJ, contains some big surprises. 1/
The biggest is that V-1, the HSI agent Rep. McIver allegedly assaulted, was heard on the phone announcing he would be arresting Newark Mayor Ras Baraka, despite the fact that Baraka had “stepped out,” because the Deputy Attorney General directed as much. 2/
McIver also represents she was “shoved” by a federal officer and that she told that officer she would be filing a complaint about his assault. It was only days later that anyone from HSI, ICE, or “any other agency” suggested that McIver was the one who committed an assault. 3/
Virginia Roberts Giuffre's family issued a statement to MSNBC about the reported meeting this evening at VP Vance's home tonight about the administration's approach to the Epstein files: 1/
"We understand that Vice President JD Vance will hold a strategy session this evening at his residence with administration officials. Missing from this group is, of course, any survivor of the vicious crimes of convicted perjurer and sex trafficker Ghislaine Maxwell and Jeffrey Epstein." 2/
"Their voices must be heard, above all. We also call upon the House subcommittee to invite survivors to testify. As Virginia Roberts Giuffre’s siblings, we offer to represent her in her stead and we hope the administration takes our call to action seriously. 3/
NEW: House Oversight's subpoena to DOJ is incredibly broad. It calls for "all documents and communications relating or referring to ... Epstein or ... Maxwell and further relating or referring to human trafficking, exploitation of minors, sexual abuse, or related activity." 1/
In other words, it doesn't just encompass the investigative files but extends to communications between any DOJ officials and third parties, including Maxwell’s legal team or media outlets, with respect to the charged crimes and "related activity." 2/
And it is not limited to documents or communications from any given year or span of years. Rather, the subpoena expressly directs DOJ that the subpoena is “continuing in nature and applies to any newly discovered information.” 3/
NEW: As the Senate prepares to vote on Emil Bove’s nomination to the Third Circuit, two more whistleblowers have emerged, according to Whistleblower Aid and the Justice Connection. /1
As confirmed by a spokesperson for Senator Durbin, one of these whistleblowers — the one affiliated with Justice Connection, an organization by and for ex-DOJ staff, has provided evidence to Democratic staff of the Judiciary Committee. 2/
But according to two sources with direct knowledge, the other whistleblower, a former DOJ attorney represented by Whistleblower Aid, submitted a formal whistleblower complaint to DOJ’s Inspector General on May 2, more than six weeks before Reuveni’s letter was submitted. 3/
NEW: The Paul Weiss departures keep coming, this time with former U.S. Attorney for the Southern District Damian Williams exiting . . . for Jenner & Block.
Williams -- a former Garland & Stevens clerk who has never worked at a law firm other than Paul Weiss -- served as the U.S. Attorney throughout Biden's presidency and oversaw the prosecutions of Ghislaine Maxwell, Sam Bankman-Fried, Sean Combs, and, of course, Eric Adams.
Williams then was pilloried by Trump's DOJ for allegedly pursuing Adams for political reasons--a narrative wholly rejected by Judge Dale Ho after examining the record presented by DOJ in seeking Adams's dismissal.
NEW: While the Department of Justice issued a statement last night about the criminal charges against Rep. McIver, a spokesperson for her legal team confirms that it did not receive the charging document for until this morning, 12-plus hours later. 1/
DOJ policy, as embodied in the Justice Manual, is clear: "DOJ personnel shall not respond to questions about the existence of an ongoing investigation or comment on its nature or progress before charges are publicly filed." 2/
There are exceptions, including "[w]hen the community needs to be reassured that the appropriate law enforcement agency is investigating a matter, or where release of information is necessary to protect the public safety," but neither is relevant here. 3/