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      The case(s) against Trump: New York charges only beginning of legal woes

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      It was the day that Donald Trump got mugged by reality. After years of dodging legal accountability, the former US president found himself being driven towards a New York courtroom where he would be charged with a crime.“WOW, they are going to ARREST ME,” he wrote on his Truth Social media platform, the true scale of his predicament finally dawning on him. “Can’t believe this is happening in America.”But dramatic as the day was, as Trump pleaded not guilty to 34 felony counts of falsifying business records relating to hush money payments, it represented only the first drop of rain in what could be a legal thunderstorm. Several more cases are fast approaching and some are potentially far more devastating.Whereas the ex-president has so far been able to spin the hush money indictment to his political advantage as he seeks to win back the White House in 2024, experts suggest that the quantity and gravity of the upcoming investigations could ultimately bury him and his electoral chances.Tuesday’s court appearance, in which Trump – the first former US president in history to be arrested and arraigned on criminal charges – had to answer meekly to a judge and found there was no one to hold doors open for him, was the humbling and sobering moment that he discovered his legal troubles are no longer theoretical.Michael D’Antonio, a political commentator and author of The Truth About Trump, said: “His attitude prior to this has always been obstinance and a chin-jutting pride and refusal to appear to be affected. But he sure appeared to be affected this time. There was a quality of a cow being led to the slaughter.”He added: “He must realise that he’s in trouble and that the situation is grave and that showed on his face. He doesn’t care as much about the proceedings politically as he cares about the story that he can tell about them. He is a storyteller above all and a fabulist. If he can tell a story that motivates his base and also manage to stay out of prison, he will argue that it’s a victory over a corrupt system.”Trump himself will not be in jeopardy when Dominion Voting Systems’ $1.6bn defamation lawsuit against Fox News goes to trial, currently scheduled for 17 April. But the case, which could hear testimony from the Fox Corporation executives Rupert and Lachlan Murdoch and an array of Fox News hosts, could provide some deeply embarrassing details about how the ex-president is perceived by the network.Then, on 25 April, a civil trial in a New York lawsuit involving Trump is scheduled to begin. E Jean Carroll, a former Elle magazine columnist, accuses Trump of defaming her by denying he raped her in New York’s Bergdorf Goodman department store dressing room in late 1995 or early 1996. Carroll is seeking monetary damages and it is not known whether Trump will testify.Another important trial is set for 2 October. Letitia James, the New York attorney general, is suing Trump and his Trump Organization for fraud. James has said her office found more than 200 examples of misleading asset valuations between 2011 and 2021, and that Trump inflated his net worth by billions of dollars.James said the scheme was intended to help Trump obtain lower interest rates on loans and better insurance coverage. The civil lawsuit seeks to permanently bar Trump and three of his adult children from running companies in New York state, and recoup at least $250m obtained through fraud.Before then, there may have been developments in Georgia, where a prosecutor is investigating Trump’s alleged efforts to overturn his 2020 election defeat in that state. Fani Willis, the Fulton county district attorney who will ultimately decide whether to pursue charges, told a judge in January that a special grand jury had completed its work and that decisions were “imminent”.If convicted, Trump would not be able to seek clemency from a future Republican president since such pardons do not apply to state offences. Barbara McQuade, a law professor at the University of Michigan, said: “The most perilous is probably the case out of Georgia because it relates to election interference and because there is no ability for Trump, if he becomes president again, to pardon himself.“We know the grand jury foreperson said that they were recommending indictments of more than a dozen people and she strongly hinted one of those people was Trump. That one might pose the most danger to him at the moment.”Meanwhile the justice department has investigations under way into both Trump’s actions in the 2020 election, including lies that led to the January 6 insurrection, and his retention of highly classified documents after leaving the White House in 2021. Both are overseen by Jack Smith, a war crimes prosecutor and political independent.When he returned to his Mar-a-Lago estate in Florida on Tuesday night and hurled abuse at the investigators one by one, Trump devoted the lion’s share of his comments – and patent falsehoods – to the classified documents case, implying that he recognises it as posing the maximum danger.The FBI seized 13,000 documents from Mar-a-Lago last August; about 100 documents were marked classified and some were designated top secret. Earlier this week the Washington Post newspaper reported that investigators have fresh evidence pointing to possible obstruction of justice by the former president as he resisted a subpoena demanding the return of all classified documents.As for the charges over hush money payments during the 2016 election campaign, Trump is expected back in court in New York on 4 December – about two months before the official start of the 2024 Republican presidential primary calendar.Norman Eisen, a senior fellow at the Brookings Institution thinktank in Washington, said: “The moment he set foot into official custody in New York probably was a chilling realisation for him of the difficulties that lie ahead, and not just in this case, although it’s serious.“It’s that feeling of the walls closing in from every direction. He’s got a lot of serious problems on his hands. Even in a Republican primary, the compound of all of these challenges will be very deleterious because Republican primary voters are going to ask: can he win?”Asked if the 45th president could end up in prison, Eisen, author of Overcoming Trumpery: How to Restore Ethics, the Rule of Law, and Democracy, replied yes. “It won’t be easy, it may not be fast but it’s certainly possible,” he said.Beneath the cries of a witch-hunt by Democrats and the “deep state”, and despite a bounce in primary polls as Republicans rally in his defence, Trump, 76, may no longer be sleeping easy at Mar-a-Lago. Allan Lichtman, a history professor at American University in Washington, commented: “He looked like a man with pins sticking into his torso. He is scared stiff.“Sure, he’s going to bluster and express bravado and confidence, but he is terrified of being confined. No doubt about that. This is the beginning of the first day of the rest of his life. The issues are just going to pile on. It’s extraordinary. Outside of the mafia, it’s hard to find any American with such legal problems.” More

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      Clarence Thomas defends himself after undisclosed gifts revelation

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      The US supreme court justice Clarence Thomas said on Friday he was advised the “personal hospitality” extended to him for more than 25 years by the Republican mega-donor Harlan Crow, detailed in an explosive report by ProPublica, did not have to be reported under ethics rules.“I have endeavoured to follow that counsel throughout my tenure,” Thomas said in a rare statement, “and have always sought to comply with the disclosure guidelines.”The statement did little to dampen controversy surrounding the 74-year-old conservative or lessen fire from the political left.Thomas is the longest-serving current justice, nominated by George HW Bush in 1991. On Thursday, ProPublica reported that he has long accepted trips from Crow including travel on private jets and yachts and stays at exclusive resorts.Justin Elliott, one of the report authors, said: “This is the text of the law ethics lawyers told us he violated. Gifts – such as private jet travel – need to be reported, unless they are ‘food, lodging, or entertainment received as personal hospitality’. This is in the statute itself and predates the recent filing guidance update.”That update went into effect on 14 March. In a subsequent letter to Sheldon Whitehouse, a Democratic senator from Rhode Island, Roslynn Mauskopf, director of the Administrative Office of the United States Courts, said gifts not covered by the reporting exemption included gifts “such as transportation that substitutes for commercial transportation”.Thomas said: “Early in my tenure at the court, I sought guidance from my colleagues and others in the judiciary, and was advised that this sort of personal hospitality from close personal friends, who did not have business before the court, was not reportable.”He added: “It is, of course, my intent to follow this guidance in the future.”Supreme court justices, however, largely sit above federal ethics regulations, essentially governing themselves.Thomas also said Harlan and Kathy Crow were among his “dearest friends” and had joined him and his own wife, the rightwing activist Ginni Thomas, “on a number of family trips”.In 2004, 13 years into Thomas’s time on the court, the Los Angeles Times reported gifts from Crow including a Bible once owned by Frederick Douglass. After that, in the same paper’s words this week, Thomas “stopped disclosing” gifts. The Washington Post noted that Thomas has disclosed just two gifts since 2004.ProPublica noted that Crow’s generosity to Thomas was reported in 2011, by the New York Times and Politico. The latter, it said, “revealed that Crow had given half a million dollars to a Tea Party group founded by Ginni Thomas, which also paid her a $120,000 salary”.ProPublica reported the existence of a painting hung at Crow’s resort in New York state and showing Thomas smoking a cigar in company including Leonard Leo, head of the Federalist Society, which played a major role in tilting the supreme court right with three confirmations under Donald Trump.Crow said he and his wife had been friends with the Thomases since 1996, giving gifts “no different from the hospitality we have extended to our many other dear friends”.He also claimed: “We have never asked about a pending or lower court case, and Justice Thomas has never discussed one, and we have never sought to influence Justice Thomas on any legal or political issue. More generally, I am unaware of any of our friends ever lobbying or seeking to influence Justice Thomas on any case, and I would never invite anyone who I believe had any intention of doing that.”Accountable.US, an advocacy group, contended Thomas was wrong to say Crow did not have business before the court.It said: “For three decades, Crow has served on the board of trustees of the American Enterprise Institute (AEI), which has published and taken credit for multiple amicus briefs filed with the supreme court by the group’s president and scholars.”Crow joined the AEI in 1996, the same year he said he became friends with Thomas.Kyle Herrig, president of Accountable.US, said: “First Justice Thomas hid decades of lavish gifts and travel funded by Harlan Crow, but now he’s outright lying when he says this major conservative donor had no interest in the work of the supreme court.“The truth is clear: this is an unprecedented story of corruption at the highest levels, and those involved must be held accountable.”Thomas is the senior conservative of six on the nine-member court, his influence growing through a series of controversial conservative rulings, not least the removal of the right to abortion in Dobbs v Jackson last year. In a concurring opinion in Dobbs, Thomas suggested similar rights – same-sex marriage, gay sex and contraception access – should be reviewed. He did not mention interracial marriage. Thomas is Black. His wife is white.The ProPublica report prompted Senate Democrats to call for an investigation – and some on the left to renew calls for impeachment.Dick Durbin, a Democratic senator from Illinois, said: “Supreme court justices must be held to an enforceable code of conduct, just like every other federal judge … the Senate judiciary committee will act.”Alexandria Ocasio-Cortez, the progressive congresswoman from New York, said “Thomas must be impeached”, as the court was becoming known for “rank corruption, erosion of democracy and the stripping of human rights”.Impeachment is highly unlikely, even given other calls regarding Ginni Thomas’s efforts in support of Trump’s attempt to overturn the 2020 election and Clarence Thomas’s failure to recuse himself from a related case. Like Crow, Ginni Thomas has claimed not to talk to her husband about cases or politics.Writing for Slate on the ProPublica report, Dahlia Lithwick and Mark Joseph Stern said: “Clarence Thomas broke the law, and it isn’t particularly close.“Thomas broke … a law which contains serious civil penalties, though the bogus technicality on which he relies, in addition to his political clout, will be more than enough to ensure that he never faces any actual legal consequences.” More

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      Clarence Thomas faces impeachment calls after reports of undisclosed gifts

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      Clarence Thomas, the most conservative justice on the US supreme court, is facing renewed calls for impeachment after it was reported that for two decades he has accepted undisclosed luxury gifts from a Republican mega-donor.Thomas may have violated financial disclosure rules when he failed to disclose travel on yachts and jets and other gifts funded by the property billionaire Harlan Crow and uncovered by ProPublica.It found that Thomas flies on Crow’s Bombardier Global 5000 jet and holidays on Crow’s 162ft super-yacht. He has enjoyed holidays at Crow’s ranch in Texas and joined him at an exclusive all-male California retreat. The justice usually spends about a week each summer at Crow’s private resort in the Adirondack mountains in New York.The revelations prompted sharp criticism by Democrats of Thomas, who after 31 years is the longest-serving justice and an influential voice in the rightwing majority that last year ended the right to abortion.Dick Durbin, a Democrat from Illinois and chair of the Senate judiciary committee, said: “This behavior is simply inconsistent with the ethical standards the American people expect of any public servant, let alone a justice on the supreme court.“Today’s report demonstrates, yet again, that supreme court justices must be held to an enforceable code of conduct, just like every other federal judge. The ProPublica report is a call to action, and the Senate judiciary committee will act.”Alexandria Ocasio-Cortez, a progressive congresswoman from New York, tweeted: “This is beyond party or partisanship. This degree of corruption is shocking – almost cartoonish. Thomas must be impeached. Barring some dramatic change, this is what the [chief justice John] Roberts court will be known for: rank corruption, erosion of democracy, and the stripping of human rights.”Impeachment remains unlikely, even given other calls regarding the pro-Trump activities of Thomas’s wife, the rightwing activist Ginni Thomas, and not just because Republicans hold the House. Only one supreme court justice has ever been impeached: Samuel Chase, in 1804-05. He was acquitted in the Senate.Thomas, 74, has made his humble origins a central part of his identity. He was born in Savannah, Georgia, and learned Geechee, a Creole language spoken by the descendants of slaves, before standard English. He was abandoned by his father but says his grandfather instilled his work ethic.In a documentary which Crow helped finance, Thomas described no-frills tastes: “I prefer the RV parks. I prefer the Walmart parking lots to the beaches and things like that. There’s something normal to me about it. I come from regular stock, and I prefer that – I prefer being around that.”ProPublica told a different story, drawn from flight records, internal documents and interviewees ranging from super-yacht staff to members of the secretive Bohemian Club to an Indonesian scuba-diving instructor.It found that Thomas’s friendship with Crow has enabled him to experience luxuries he would never have been able to afford on his salary of $285,000. For example, in 2019, Thomas and his wife flew on Crow’s jet to Indonesia for nine days island-hopping on Crow’s yacht. The trip would have cost more than $500,000.ProPublica also noted that each summer Thomas spends about a week at Camp Topridge, Crow’s Adirondacks resort. The 105-acre property offers boathouses, a clay tennis court, a batting cage and a replica of Hagrid’s hut from Harry Potter. A painting there shows Thomas enjoying a cigar alongside Crow and talking with influential rightwingers including the legal activist Leonard Leo.ProPublica said: “The extent and frequency of Crow’s apparent gifts to Thomas have no known precedent in the modern history of the US supreme court.”It said the trips do not appear in Thomas’s financial disclosures and cited two experts saying that appears to violate a law that requires justices, judges, members of Congress and federal officials to declare most gifts.In a statement, Crow denied seeking to influence supreme court decisions. The Dallas businessman said he and his wife, Kathy, had been friends with the Thomases since 1996 and “the hospitality we have extended … is no different from the hospitality we have extended to our many other dear friends”.Crow added: “Justice Thomas and Ginni never asked for any of this hospitality. We have never asked about a pending or lower-court case, and Justice Thomas has never discussed one, and we have never sought to influence Justice Thomas on any legal or political issue.“More generally, I am unaware of any of our friends ever lobbying or seeking to influence Justice Thomas on any case, and I would never invite anyone who I believe had any intention of doing that. These are gatherings of friends.”ProPublica said it reviewed a record showing that “during just one July 2017 trip, Thomas’ fellow guests included execs at Verizon and PricewaterhouseCoopers, major GOP donors, and one of the leaders of the conservative American Enterprise Institute thinktank”.Sarah Lipton-Lubet, president of Take Back the Court Action Fund, said: “How many of Crow’s pet interests have had business in front of the court while Thomas was enjoying the lifestyle of the rich and famous on the right-wing mega-donor’s dime?“Thomas’ repeated mockery of basic ethical standards calls into question every decision he has imposed on millions of Americans.”Meagan Hatcher-Mays, of the grassroots movement Indivisible, called for the Senate judiciary committee to investigate “Thomas’s reported ethical lapses, and move quickly to hold hearings and votes on the Supreme Court Ethics, Transparency, and Recusal Act.“The American people want to believe that the court is fair, that the justices behave ethically, and that their decisions are free from undue political influence.”Carl Tobias, a law professor at the University of Richmond, Virginia, said the “alleged failure to report Harlan Crow’s substantial expenditures … could further undermine public trust in the supreme court and Thomas specifically.“This is especially important now, when public trust in the court has plummeted in light of Dobbs overruling of Roe v Wade and the leaked opinion.” More

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      New York judge in Trump arraignment reportedly receives ‘dozens’ of threats

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      The New York judge who presided over the arraignment of Donald Trump and the judge’s family have reportedly received multiple threats following the historic arrest of the former president.In court in Manhattan on Tuesday, Trump pleaded not guilty to 34 felony counts related to his hush money payment to the adult film star Stormy Daniels.NBC was among outlets to report that the judge, Juan Merchan, and his family subsequently received “dozens” of threats.Citing two sources familiar with the matter, NBC said the threats, like those recently directed towards the Manhattan district attorney, Alvin Bragg, and other officials, had come in the form of calls, emails and letters.In addition to increased security surrounding Merchan and the court, New York police were providing “extra security to all affected staff members”, NBC said. Biographies of employees at Bragg’s office had been removed from the district attorney’s website.The New York Daily News also reported threats to Merchan and his family, a source telling the paper “the content of the calls, emails and letters was … harassing and defamatory, with most of the trolls calling from out of state”.Lucian Chalfen, a spokesperson for the New York office of court administration, told the paper: “We continue to evaluate and re-evaluate security concerns and potential threats. We have maintained an increased security presence in and around courthouses and throughout the judiciary and will adjust protocols as necessary.”Elsewhere, J Michael Luttig, the retired conservative judge and adviser to the former vice-president Mike Pence who came to national prominence with testimony to the House January 6 committee, warned Trump he risked a gag order over his attacks on Judge Merchan.“There is no court that would want to impose a gag order on a president of the United States,” Luttig told Axios. But “if the former president forces the Manhattan criminal court, the court will have no choice”.Mike Scotto, a former rackets bureau chief for the Manhattan district attorney, told the same site: “A gag order is used to protect the defendant’s rights to a fair trial and also the government’s rights to a fair trial, so that the potential jurors don’t learn anything about the case that they’re not going to learn in court.”Luttig is an influential voice in conservative circles, widely deemed unlucky not to have reached the supreme court. He has predicted “the beginning of the end of Donald Trump”.But the former president enjoys comfortable leads in polling regarding the Republican nomination in 2024 and senior party figures have rallied round him in response to his historic indictment.Before his arraignment in the New York case, Trump stoked controversy with inflammatory social media posts about the case and Bragg and calls for protest.On Tuesday, the far-right Georgia congresswoman Marjorie Taylor Greene led a rally for Trump in a park outside the court in Manhattan.Inside the court, Merchan warned Trump to “refrain from making statements that are likely to incite violence and civil unrest”. He also told a Trump lawyer: “I don’t share your view that certain language is justified by frustration.”Hours later, in a speech at his Mar-a-Lago home in Florida, Trump called Merchan “a Trump-hating judge”; attacked the judge’s family (“I have a Trump-hating judge with a Trump-hating wife and family whose daughter worked for Kamala Harris”); and went after Bragg (“a criminal”) and other prosecutors overseeing investigations of his behaviour in the White House and out of power.Fani Willis, the district attorney of Fulton county, Georgia, is investigating Trump’s election subversion attempts there, with an indictment believed likely.Trump called her “a local racist Democrat”.At the US justice department, the special counsel Jack Smith is overseeing investigations of Trump’s election subversion and incitement of the Capitol attack, and of Trump’s retention of classified records.Trump called him “a radical-left lunatic known as a bomb-thrower”.The Lincoln Project, a group formed by anti-Trump Republicans, condemned what it called “a paranoid and delusional speech cheered on by fanatical cult members who do not care about democracy and American values”.“Trump got the circus he wanted,” the group said. “The rest of the GOP has fallen in line.” More

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      Donald Trump’s prosecution is a triumph | Osita Nwanevu

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      Trump’s prosecution is a triumph. Not a shame. Not a tragedy. A triumph ⁠— one of the great events in American presidential history. The public and the pundits might disagree by the end of Trump’s trial in Manhattan ⁠— perhaps the first of a few ⁠— but the significance of what district attorney Alvin Bragg has managed to do will be wholly unsullied, in substance, by the outcome of his case.One of the major questions in American political and legal thought has been whether presidents may be allowed to commit crimes. As it stands, the position of the Justice Department is that they may ⁠— for half a century, it has held that a president cannot face criminal prosecution while in office. And while there’s not even a theoretical bar to prosecuting a president once they leave office, no one had ever tried it, leaving the question of whether criminal laws functionally apply to presidents at all, as a practical matter, a matter of speculation.Here Alvin Bragg has bravely taken a stand: a person may, in fact, be indicted for a crime even if they were once president— just as though they were an ordinary person to whom laws applied. This is tremendous news. No rifts have opened in the time-space continuum. Frogs, locusts, and lice have yet to descend upon Manhattan. For the time being, it appears that a prosecutor really may attempt to hold a president ⁠— or at least a former president ⁠— accountable for a suspected crime without reality collapsing in on itself. What’s more, Bragg’s indictment amounts to an insistence that a former president may be indicted even for a relatively low-level crime like falsifying documents ⁠— just like any other white collar criminal.To be sure, as many observers have already written, Bragg may have his work cut out for him. His case against Trump is a multi-part argument ⁠that hinges on the idea that Trump concealed hush money payments to abet violations of election law. It has troubled many that Bragg may lose this case. And this is true. Sometimes prosecutors lose cases.But it would be wrong to suppose on that basis, as some have, that prosecutors who believe presidents have committed crimes have a responsibility to behave like political strategists: to bear public opinion and the expectations of the press in mind by only bringing forth the simplest, most straightforward cases and pursuing only the largest, most eye-popping crimes while letting other offenses slide.They’ve no obligation to calibrate the content and timing of their cases to maximize the possibility of success in other wholly unrelated cases in other jurisdictions; the feelings of a defendant’s fans and supporters should be of no account whatsoever. This is what it means, to use a phrase Trump himself has long been fond of, to be a nation of laws. It is especially ridiculous, on the latter point, to suppose that there’s a prosecutorial approach Bragg or anyone else might have taken that would have quelled the rage of a political constituency that is now fully beyond reason and respect for the law. Predictably, Bragg has drawn both explicit threats and implicit comparisons to Pontius Pilate this holy week; Trump, per Marjorie Taylor Greene, now sits next to Christ himself among historical figures “persecuted by radical, corrupt governments.”On Thursday, Trump’s chief rival for the Republican presidential nomination, Florida governor Ron DeSantis ⁠— St Peter? ⁠— reiterated that he would refuse to cooperate with an extradition request from New York in the event that Trump refused to surrender on his own. Things didn’t come to that, but the pundits aren’t wrong to predict that a lot of chaos and drama will come our way in the coming months. And that’s especially frightful to all those who’ve come to believe political polarization and the heightening of partisan tensions are the central problems of our time ⁠— a notion that’s spurred commentary suggesting America might be too divided to bear Trump’s prosecution. To wit, a report from The New York Times Thursday speculated that this and Trump’s other potential indictments might “shake the timbers of the republic” or “tear the country apart.”But what would it mean, actually, to “tear the country apart?” We’ve seen and survived civil war. We’ve seen cities razed and presidents killed. Social unrest, economic collapse ⁠— these are cornerstones of the American experience. A public health crisis has taken the lives of more than one million people in this country over the last three years. The reactions to Trump’s prosecution will remain loud and ludicrous. They may well turn violent ⁠— we can put nothing safely beyond a party that rallies easily to the defense of a man who attempted a coup and roused a mob into an attack on the Capitol.But there is something rather pathetic about the idea that a president’s trial might be among the greatest trials our nation has faced. Nothing that’s coming will break us. Our republic, for all its many faults, is made of stronger stuff than that. We will be tested, yes. But let’s take a moment, too, to recognize that Bragg has already passed a critical test on our behalf.
      Osita Nwanevu is a Guardian US columnist More

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      The indictment of Donald Trump – podcast

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      Donald Trump will make history this week as the first US president to be charged with a criminal offence. Later today he will present himself at a court in Manhattan to hear the charges against him which relate to campaign finance irregularities over the hush money paid to the adult film star Stormy Daniels in the final days of his successful 2016 run for office. As Hugo Lowell tells Michael Safi, once again with Trump we are in uncharted territory. Trump denies breaking the law and has targeted the prosecutor of the case with claims of a “witch-hunt”. He’s also using the court appearance as a focal point for recent fundraising efforts. The case is unlikely to be resolved before the 2024 election in which Trump is still the leading candidate in the Republican nomination race. But in all likelihood he will be campaigning for the White House while facing felony charges next year. More