Roger Parloff Profile picture
Jun 2, 2024 18 tweets 6 min read Read on X
Trump apologists now argue that Trump’s 34 crimes were wrongly upped to felonies—as if 34 misdemeanors are A-OK, on top of civil judgments for persistent fraud on lenders, charity fraud, sex abuse, 3 defamations, his company’s 17 felony convictions for tax fraud, etc. ...
1/15
... But what of the simple scumminess of this candidate, as evinced by the NY trial evidence? Let’s look at a few examples. E.g., remember that one component of the Trump-Cohen-Pecker deal was to smear Trump’s primary opponents. ...
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... According to AMI CEO David Pecker’s testimony, Cohen would say “we would like a negative article on, let’s say, Ted Cruz” or Ben Carson or Marco Rubio. After a primary debate, Cohen would direct the National Enquirer on “which direction we should go,” Pecker testified ...
/3
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... So between 10/17/15 & 12/7/15, the Enquirer ran 6 hatchet jobs that plastered Carson with epithets like “bungling surgeon,” “brain butcherer,” “Ben the butcher” & accused him of “ ‘lies’ over military & violent past." (Trump later named him his HUD Sec’y.) ...
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... And between 2/12/16 & 7/25/16, the Trump-Cohen-Pecker deal smeared Ted Cruz 18 times, dubbing him “boozin’” & “pervy”; linking him to a “porn star”; “5 secret mistresses”; an “alleged prostitution secret”; & linking his father to JFK assassin Lee Harvey Oswald ...
/5
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... And between 12/16/15 & 2/2/16, the trio, per their deal, allegedly smeared Marco Rubio in 3 headlines, suggesting a “love child” scandal; a “cocaine connection”; & a “cheating scandal.” ...
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.. Remember when a political party might have recoiled from a candidate who, when he was 60, allegedly pressured a 27-yr-old to have sex with him, saying, “I thought you were serious about what you wanted. If you ever want to get out of that trailer park—” ...
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... Or by loyalist Hope Hicks’ testimony that when confronted with the Access Hollywood tape transcript on 10/7/16, instructed Trump’s team to “deny, deny, deny.” The lie was “reflex,” she said. She wasn’t embarrassed about the lie on the stand—only about its inefficacy ...
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... And when the WSJ came to Hicks on 11/4/16 with its info about AMI having bought Karen McDougal’s silence about her alleged affair with Trump, you see the whole Trump lie factory reflexively kick into operation once again. ...
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... Hicks instantly drafts four potential statements blaming “the liberal elite” & “a publicity hungry individual with a get rich and famous quick scheme.”...
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... She shows her 4 proposals to Trump & then to Cohen, who know they’re false ...
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... Cohen then proposes an alternative false statement. He blames “the liberal media” and “Clinton machine.” ...
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... Hicks then shows Cohen’s proposed lie to Trump, & informs him of a proposed lie by Pecker, admitting paying McDougal but claiming it was just a legitimate contract for her to write health columns. ...
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... Finally, Trump instructs Hicks to adopt a vaguer lie—to just deny everything and deny knowledge of any payment—the approach she takes.
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... When choosing a presidential candidate, the crucial question isn’t whether, on appeal, he can persuade an appellate court that his crimes should have been charged only as misdemeanors. The question is whether the candidate is a pathological liar with no moral compass. ...
/15
... If you doubt the fairness of my descriptions, you can review the full context of Pecker’s testimony in this Dispatch by my @lawfare colleagues @annabower, @tylermcbrien & Ben Wittes ...
/16

lawfaremedia.org/article/catch-…
@lawfare @AnnaBower @TylerMcBrien ... and, similarly, if you want to see the full context of
Stormy Daniels’ testimony, see this dispatch by my @lawfare colleagues @annabower, @tylermcbrien, Ben Wittes, & @quintajurecic here:
/17

lawfaremedia.org/article/stormy…
@lawfare @AnnaBower @TylerMcBrien ... There are similar dispatches for every day of the trial. Finally, please consider a donation to the @lawfare crew to continue covering the Trump trials below. Thanks!
/end
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More from @rparloff

Jun 4
Another judge just ordered govt to reveal its deal with Bukele to attys for another alien sent to CECOT. A magistrate judge in Columbus, GA did so in the case of Venezuelan EDQC, removed on 3/15 with no opportunity to raise a fear-of-torture claim.
1/5
storage.courtlistener.com/recap/gov.usco…
... EDQC was previously identified as Edicson David Quintero Chacon, 28. He filed a habeas corpus petition on 2/10/25 while in custody at Stewart Detention Center in Lumpkin, GA. He was removable to Venezuela, but Venezuela wouldn’t take him. ...
/2
... SCOTUS precedent says that after 6 mos of post-removal order detention, release is required. EDQC alleges that on 3/10 he passed the 6 mos mark. But on 3/15, instead of being released, he was flown to CECOT. ...
/3
Read 5 tweets
Jun 3
Some notes on Judge John Holcomb’s Alien Enemies Act ruling yesterday, which granted a district-wide (CDCal) injunction against AEA removals until the govt commits to meaningful due process, but also UPHELD Trump’s use of the AEA. ...
1/12
storage.courtlistener.com/recap/gov.usco…Image
... As Holcomb notes, his is the most deferential-to-the-president ruling yet. He concludes that “the AEA’s grant of authority to the President is close to ‘unlimited.’” He is 2d to uphold Trump’s invocation of the AEA, but the only one to take this hands-off approach. ....
/2 Image
... Holcomb contends that the AEA “leaves it to the president to decide,” for instance, whether an “invasion” or “predatory incursion” has occurred, so he doesn’t need to analyze the historical meaning of either term. ...
/3 Image
Read 12 tweets
Jun 3
Attys for Jordin Melgar Salmeron, who was removed to El Salvador 5/7 in violation of an order of the US Court of Appeals for the 2d Circuit, asked that court last night to order govt to “actively facilitate” his return & to appoint a special master ...
/1

documentcloud.org/documents/2595…Image
... Melgar Salmeron contends he’ll face torture, corporal punishment, or death in El Salvador. The Bureau of Immigration Appeals denied his claim & he appealed to USCA2 in Nov 2023. At *govt’s* request, his case was then paused for 482 days while ...
/2
... USCA2 considered a legal question in other cases pertinent to Melgar Salmeron situation. Those cases were then also paused while SCOTUS considered that issue. (It still is, in Riley v. Garland, argued 3/24/25.) Then, suddenly ....
/3
Read 7 tweets
May 26
On Friday, a 2d judge—a George W. Bush appointee—struck down in its entirety a 2d of the Trump executive orders aimed at deterring law firms from representing causes that Trump disagrees with. It's well-written. Thread. ...

1/16storage.courtlistener.com/recap/gov.usco…
Judge John D. Bates’s north star is the 1943 SCOTUS ruling that struck down—in the midst of WWII—a state law conditioning public school attendance on pledging allegiance to the flag: “[N]o official ... can prescribe what shall be orthodox” ...
/2 Image
... “In our constitutional order,” Bates writes, “few stars are as fixed as the principle that no official “can prescribe what shall be orthodox in politics. ... And in our constitutional order, few actors are as central to fixing that star as lawyers.”
/3 Image
Read 16 tweets
May 21
This morning, at 11am, Judge Brian Murphy will resume a hearing on whether the Trump Adm violated his preliminary injunction by sending aliens to South Sudan (not their homes) without notice & opp to challenge. Here’s the backdrop: ...
1/12
The hearing comes in a class action filed for aliens who have final orders of removal to home countries where, for various reasons, they can’t be removed. E.g., some have been granted legal protection from return due to fears of facing persecution, torture, or death. ...
/2
... Others are citizens of countries with which we have bad relations, or that won’t take them back, like Venezuela or Cuba. Until Trump II, DHS had a policy of not removing aliens to 3d countries (not their home country) without notice. ...
/3

storage.courtlistener.com/recap/gov.usco…
Read 12 tweets
May 19
A few late notes on SCOTUS’s AARP II ruling. Beyond extending for now the bar against removing aliens from NDTexas under the Alien Enemies Act, it does 3 key things. The biggest, below, is declaring ICE’s current ~24-hr notice policy unconstitutional. ...
1/12 Image
Fixing that policy won’t be easy without vastly reducing the value of the AEA to the Trump Adm. The main reason to invoke it, as AG Bondi explained in her once-secret 3/14 memo below, was to remove aliens without *any* process. That effort has failed. ...
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Assuming courts will now require at least 14 days notice, including specific notice of a right to *challenge* the AEA designation, aliens will now at least have a chance to put the govt to its proof with regard to whether they are really Tren de Aragua. ...
/3
Read 12 tweets

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