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.
• • •
Missing some Tweet in this thread? You can try to
force a refresh
NEW: Judge Tanya Chutkan has now granted the Special Counsel's request to file a 180-page brief defending its superseding indictment as compliant with the Supreme Court's immunity ruling. But don't get your reading corner ready just yet. 1/
Since last year, the federal election interference case has been governed by a protective order that dictates how sensitive discovery materials must be used. And under that order, virtually any material that was not already public or obtained by the defense on its own, not through discovery, is covered. 2/
That order makes plain how filings with sensitive material must be handled in any public filing: Either all sensitive information is redacted, and the parties agree as to those redactions, or . . . .3/
NEW: Today, while announcing the indictment of Sean “Diddy” Combs, SDNY U.S. Attorney Damian Williams thanked the victims and witnesses who have stepped forward so far. But there is one whose story looms largest in the indictment: Cassie Ventura, his ex-partner. 1/
Ventura filed a civil complaint against Combs last November in federal court that was settled a day later. But the complaint is still available—and a quick read highlights that many of the incidents she alleged are also core to the indictment. 2/
For example, Ventura alleges Combs forced her “to engage in sex acts with male sex workers while masturbating and filming the encounters,” a key element of the “Freak Offs” details in today’s indictment. 3/
NEW: I watched a portion of the Trump press conference today--but it wasn't until I read his comments that I realized that just a day after New York's highest court upheld the gag order, he arguably violated it again. 1/
Trump focused his ire on "one person in particular" who he characterized as having been sent by the White House from DOJ to New York to get NY Attorney General Tish James's civil fraud case started, "then go to the DA in Manhattan." 2/
There is literally only one person he could have been talking about--but both the timing and context of his returning to New York after a stint at DOJ is not as Trump claims. 3/
NEW: Judge Chutkan vowed to enter a scheduling order before day’s end. And she did, granting Jack Smith’s proposal to submit a “comprehensive” brief on immunity, including supporting evidence, by 9/26. 1/
That briefing will wrap up by late October, at which point she “will determine whether further proceedings are necessary.” 2/
Chutkan also, as expected, is giving Trump a chance to move to dismiss on the ground that Jack Smith is “an illegitimate prosecutor,” as Trump lawyer John Lauro said in court today. 3/
NEW: Trump has asked SDNY Judge Alvin Hellerstein to stay his own order denying Trump leave to seek removal of the Manhattan DA’s case to federal court. Is that because staying the order would mean the removal notice is still pending—and therefore, Merchan can’t sentence Trump?
(If you interpret the order as a denial of leave, and not a summary remand, this doesn’t work. But I’ll bet this is their thinking.)
Indeed, they note a stay of Hellerstein’s order would “allow” Judge Merchan to avoid Trump’s “potential sentencing in the weeks before the election while the Second Circuit determines whether the appropriate forum is in this district.”
NEW: Federal court denies Trump's motion for leave to seek removal a second time, finding no good cause. 1/
Judge Alvin Hellerstein first holds that federal courts' limited jurisdiction does not allow him to take over a case because of Merchan's alleged bias. 2/
Then, he considers whether the Supreme Court's immunity ruling justifies removal. And he concludes, "Nothing in the Supreme Court's opinion affects my earlier conclusion that the hush money payments were private, unofficial acts, outside the bounds of executive authority." FIN.