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. ...
/2
... 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
... 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.) ...
/4
... 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
... 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.” ...
/6
.. 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—” ...
/7
... 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 ...
/8
... 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. ...
/9
... Hicks instantly drafts four potential statements blaming “the liberal elite” & “a publicity hungry individual with a get rich and famous quick scheme.”...
/10
... She shows her 4 proposals to Trump & then to Cohen, who know they’re false ...
/11
... Cohen then proposes an alternative false statement. He blames “the liberal media” and “Clinton machine.” ...
/12
... 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. ...
/13
... Finally, Trump instructs Hicks to adopt a vaguer lie—to just deny everything and deny knowledge of any payment—the approach she takes.
/14
... 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 givebutter.com/c/trumptrials
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Judge Chutkan just finished a phone conference hearing in D.A. v. Noem. Plaintiffs allege the govt is sending African aliens to Ghana knowing Ghana will forward them to home countries where US courts have barred govt from sending them directly ... 1/5 courtlistener.com/docket/7132371…
... due to reasonable fear of torture or persecution. Judge Chutkan fears she lacks jurisdiction—4 plaintiffs are already in Ghana & one has already been forwarded to Gambia—or that she should transfer the case to Judge Murphy in Boston as part of the DVD class action on 3d country removals. ...
/2
The @ACLU 's Lee Gelernt argued that DVD challenges general procedures whereas DA's claim is narrow: Ghana gave the US diplomatic assurances that it would not forward aliens to countries where they face persecution/torture, yet it's doing exactly that with US acquiescence/connivance. ...
/3
At 2pm there will be a preliminary injunction hearing in the Guatemalan children case (LGML v. Noem). I hope to live-blog here for @lawfare , as will colleague @AnnaBower on another platform. For bracing & thorough background, see Anna's piece here:
/1 lawfaremedia.org/article/the-ju…
If you recall, Judge Sparkle Sooknanan entered a temporary restraining order 8/31, barring the removals— govt calls them "reunifications"—of Guatemalan children ages 10-17. Govt has admitted intent to deport 327 children, with the first 76 booked for departure at 10:45am ET on 8/31. ...
/2
... Judge Sooknanan was just covering the emergency docket that day—it was Sunday Labor Day weekend—so now the case has been randomly assigned to Judge Tim Kelly, who must decide whether to extend the TROs into a preliminary injunction & whether to certify a class. ...
/3
In weekend filing, govt admitted its shocking timeline for deporting Guatemalan children, ages 10-17. Just before midnight on Saturday, Labor Day Weekend, it told caregivers to have children prepared for departure within 2 hrs (4 if in foster care). ... 1/8
... That meant packing:
•a 40-pound suitcase
•30-day supply of prescriptions/medications
•2 sack lunches (nut-free) ... 2/8
... At 1:12 a.m. ET, govt notified the caregiver’s legal service providers that children would be put on planes at 10:45 a.m. that same day to be “reunified” with their parents or legal guardians in Guatemala. ... 3/8
On Thurs (while I was on vacation), @ACLU
sought full DC Circuit review of the splintered panel decision that would vacate the Judge Boasberg order that found probable cause to believe DOJ attys committed criminal contempt in the JGG case. ...
1/5storage.courtlistener.com/recap/gov.usco…
... Recall that on 8/8 all 3 panelists agreed that Boasberg’s order was not appealable, yet 2 Trump appointees, on different theories, voted to grant mandamus. @ACLU says the outcome “would have dire consequences for the Judiciary’s ability to enforce its orders.” ...
/2
... .@aclu says it wants to ensure parties can’t evade even answering questions about their possible defiance of court orders. Here, DOJ attys “chose to ignore the order & then retroactively manufacture ambiguity”—“a remarkable step for any litigant, much less the DOJ" ... /3
On Friday, in a 34-page unanimous ruling, the 1st Circuit denied govt a stay of Judge Young’s July 2 order declaring NIH’s cancellation of 100s of research contracts as “breathtakingly arbitrary & capricious.” Some interesting things...
If you recall, Judge Young found that DOGE had “force-fed” the cancellations to NIH, drafting cancellation letters, which no NIH scientist reviewed & which the NIH director approved “within [2] minutes”. ...
/2
DOGE’s template cancellation letter left blanks to be filled from a “reason-for-termination menu,” listing topics like “DEI,” “China,” “Transgender Issues,” “Climate Change.” Use of the menu was “mandatory.” ...
/3
A thread about DOJ’s astoundingly misleading responses to the 27-page Reuveni letter (since backed by 150pp of corroborating texts/emails) alleging conduct approaching contempt in 3 cases: JGG, Abrego, DVD.
Let’s examine @DAGToddBlanche’s & @AGPamBondi’s responses. ...
1/9
Reuveni’s letter says 5 others (but not Blanche) were at the 3/14/25 meeting where Bove allegedly said they “would need to consider” telling courts “fuck you.” In Blanche's denial, he claims he was present for whole meeting—but it appears he wasn’t. ...
/2
“I was at the meeting,” Blanche writes. But Blanche only poked his head in & left, Reuveni told NYT. Tellingly, Bove testified to Senate *not* that Blanche was present, but that Blanche *said* he was present. ...
/3