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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I want to live in a world where we do not talk about judges as if they owe their allegiance, or their very existence, to a particular president. Based on my experience as both a litigator and a journalist, that describes the vast majority of the federal judiciary. 1/
And yet, Judge Aileen Cannon, for all of her credentials and pre-judicial experience, has consistently staged the hearing of motions in a way that favors Trump and his co-defendants, handpicked a theory of dismissal at the invitation-by-concurrence of Justice Thomas, and even exercised jurisdiction she did not have. 2/
Her actions concerning the Special Counsel’s report, for example, were premised on authority she had stripped herself of by dismissing the case and an eventuality she refused to acknowledge: that the indictment against the two people who would supposedly be prejudiced by the report’s release not only had been dismissed but that DOJ’s pending appeal of her ruling will soon disappear too.
NEW: Per @adamreisstv, Rudy Giuliani is now almost 90 minutes late for a one-day trial on whether his Palm Beach, FL condo can be taken to satisfy his $146 million debt to former GA election workers Ruby Freeman and Shaye Moss. 1/
Rudy owes the women that money because his failure to participate in their defamation lawsuit was so complete that they won a default judgment on liability. And when they tried the issue of damages to a jury last December, that $146 million was the jury’s award. 2/
Since then, he has been playing games with several courts in an attempt to conceal or even exclude his assets from being seized to pay them. He first filed for bankruptcy, only to have his case kicked out of court for his obfuscation and withholding of information. 3/
🧵: In October 2024, @SenWhitehouse released a report about the FBI's supplemental investigation of Brett Kavanaugh after allegations that he sexually assaulted Christine Blasey Ford surfaced. 1/
And that report caused Whitehouse to find that the FBI's supplemental investigation was deeply flawed and manipulated by the Trump White House despite public attestations that the FBI had carte blanche to pursue all investigative leads. 2/
In his conclusion, Whitehouse noted, "Reliable background investigations of judicial nominees are crucial to the Senate’s constitutional duty to provide advice and consent," a statement with which I imagine most senators would concur, at least in a general sense. 3/
If Samantha Hegseth, Pete Hegseth’s second (and now ex-)wife, proactively sought to speak with the FBI about her ex-husband, why was she not interviewed? The Senate’s decades-long failure to develop a responsible background check system to exercise its “advise and consent” powers is baffling.
Instead, however, some senators have decided that anonymity automatically discredits sexual misconduct and assault accusations—even though there are multiple ways the Armed Services Committee, the FBI, or both could have vetted her story without revealing her name publicly.
For example, Lindsey Graham was once a reliable and prominent voice for survivors of sexual assault. But lately, he’s been singing a different tune:
NEW: Rudy Giuliani’s back in his old stomping grounds — Manhattan federal district court — this morning. And today, he’s facing the prospect of a contempt ruling for failing to turn over a host of property to two former GA election workers to whom he owes nearly $150 million. 1/
In a filing earlier this week, the women’s attorneys note that despite a clear Oct. 2024 order, Giuliani has not given them the title or deed for his vintage Mercedes convertible or his NY condo, both of which he was ordered to turn over. 2/
They also accuse Giuliani of playing games with respect to the whereabouts of his framed DiMaggio jersey, which a friend testified he had seen in Rudy’s Palm Beach condo within the last two years; cash held in a known Citibank account; and even watches and costume jewelry. 3/
Based on the comments in my last thread, it seems like a lot of folks are misinformed or simply willing to drink the red Kool Aid about the law that allowed E. Jean Carroll to make a sexual assault claim in her second, 2022 lawsuit against him. 1/
First and foremost, E. Jean needed no change in law to bring her second defamation claim against Trump. What begat that was his October 2022 tweet basically repeating the same statements about her that he had made in 2019. 2/
But more fundamentally, the Adult Survivors Act was no “get Trump” cabal. It was an effort, years in the making, to extend statutes of limitations for those who alleged they were sexually abused as adults, not minors, as this @nytimes story illustrates: nytimes.com/2019/10/25/nyr…