THE WOEFULLY LEGALLY DEFICIENT business records case levied against 45th President Donald Trump by Alvin Bragg in New York is single-handedly making a mockery of the state’s judicial system.
The prosecution is setting to rest by week’s end, then Trump’s team will ask for a directed verdict, which Judge Juan Merchan will deny, and will proceed with a defense. That it’s difficult to know how to defend a case where no crime has actually been alleged will be a novelty for these experienced lawyers. It’s the case in search of a crime. The jury will deliberate. Hopefully one (or more) will see the problems here and there will either be a hung jury or Trump will be acquitted. If he’s found guilty—who knows? Obviously, he’ll appeal, but…
Keith Davidson, Stormy Daniel’s attorney, testified the $130,000 ‘hush money’ transaction wasn’t that as much as legitimate “consideration.” Hope Hicks testified the N.D.A. with Daniels was meant to shield Melania and Barron from media exposure, not to influence the outcome of the election. These prosecution witnesses helped the defense. As for Daniels’ testimony, it was incredible by any measure as her story has repeatedly changed on whims or schemes, depending how ‘conspiratorial’ one is.
The latest was star witness and convicted perjurer, Michael Cohen, Trump’s former ‘fixer’/lawyer, who apparently (and awkwardly) still lives at Trump Tower. Cohen has followed Daniels’ path on the stand. And, like Daniels, he came across as a real shyster, not to mention, a real a$$hole. Oddly for Cohen, his testimony seemed mostly truthful even if he was dishonest and unethical. For example, he admitted to recording Trump (his then-client) without his knowledge or consent. Interestingly, the recordings proved Trump was following Cohen’s own advice. The irony is rather sickening.
Constitutional attorney and law professor Jonathan Turley aptly titled his article for The New York Post: “The Appearance of Michael Cohen: A Wreck in Search of a Race.” (Read here.) He analogized Cohen’s appearance thusly: “Michael Cohen is to criminal justice what car crashes are to Nascar: few want to admit it, but he is the perverse draw for the wreck-obsessed. The difference is that Cohen was already a rolling smoking wreck when he pulled up to the track.”
Horrified by the notion prosecutors would bring such a case, Turley added, “The assumption was that no rational prosecutor would base a major criminal case virtually entirely on the testimony of Michael Cohen who was just recently denounced by a judge as a serial perjurer peddling ‘perverse’ theories in court.”
Horrifying is Turley’s conclusion: “The calculus of Alvin Bragg is now obvious. He is counting on the jury convicting Trump regardless of the evidence. He believes that all he needs is to check the boxes on the elements of the crime, no matter how unbelievable the vehicle.”
Also interesting were Tuesday’s revelation about Cohen and Robert Mueller’s Special Counsel’s Office which “wanted a piece of Michael Cohen before he reported to prison in 2018. Indeed, when all the questions are answered, we might discover that it was Mueller’s pitbull, Andrew Weissmann, the FBI, and the DOJ who were responsible for his bizarre plea deal that sparked the idea for this wrong-headed case,” wrote Victoria Taft at pjmedia.
Cohen testified to meeting with Mueller several times prior to reporting to prison starting in 2018 before he pleaded guilty. He did get a plea deal from federal prosecutors for tax evasion, making false statements to a bank, and—out of the blue—campaign violations. Had he been found guilty of all charges, received the maximum penalties, with concurrent sentencing, he would have faced 45 years rather than the three he ultimately served. (Merchan gave the jury some instructions on this that will likely be grounds for an appeal because they were highly prejudicial.) Oh, and as for the Mueller Report? It seems Cohen’s name was mentioned 75 times.
Judge Merchan has a blatantly obvious anti-Trump bias. Aside from seemingly biased rulings and his unconstitutionally broad and vague ‘gag order’ on the 45th president, his daughter, Loren Merchan, has not only been a Democrat operative working on the Biden-Harris campaign and profiting off of the trial her father is overseeing in her capacity as a partner in Authentic Campaigns and beneficiary of George Soros cash, it turns out she also worked on ousting Trump from the ballot in Colorado, according to a comprehensive report by Natalie Winters. (Even if he is swayed by his daughter’s activities, which she she should be allowed to do, he should’ve recused himself or at least avoid the appearance of, and actual conflict of interest in shielding Lauren, an adult, from criticism.)
As of Tuesday evening, it was being reported that Trump’s motion on the gag order in the New York appeals court was denied. “We find that Justice Merchan properly weighed petitioner’s First Amendment Rights against the court’s historical commitment to ensuring the fair administration of justice in criminal cases..,” quoted CNN anchor, Kaitlan Collins, on X. Appealing that ruling, even if it were favorable and expedited, will be too little, too late.
Things are out of control in Merchan’s frigid and hostile courtroom. Just to make sure the public sees as little of the unfolding disaster as possible, he has now banned the once per day morning ‘photo spray’ where still photographers were allowed for a few moments to capture the scene before festivities began. Audio and video has been banned altogether.