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    Trump lawyers press judge to overturn hush-money conviction after supreme court immunity ruling

    Donald Trump’s lawyers are imploring a New York judge to overturn his hush-money conviction and dismiss the case, arguing his historic trial was “tainted” by evidence that shouldn’t have been allowed because of the US supreme court’s recent presidential immunity ruling.In a court filing dated 10 July but made public on Thursday, defense lawyers said the guilty verdict in the first-ever criminal trial of a US president should be set aside.“The use of official-acts evidence was a structural error under the federal Constitution,” wrote defense lawyers Todd Blanche and Emil Bove. “The jury’s verdicts must be vacated.”The supreme court released its immunity decision on 1 July, giving broad protections to presidents and insulating them from prosecution for official acts. It also said evidence of a president’s official acts cannot be used in a prosecution on private matters. The supreme court did not define what constitutes an official act, leaving that to lower courts.Trump’s defense lawyers said that meant the Manhattan jury’s verdict could not stand. Hours after the supreme court ruling, Trump’s team wrote a letter to the trial judge, Juan Merchan, asking him to set aside the verdict and to delay Trump’s sentencing, due to take place in July. Merchan agreed to delay Trump’s sentencing by two months.A spokesperson for Manhattan district attorney Alvin Bragg’s office declined to comment on Thursday. Prosecutors have until 24 July to respond. They have previously called Trump’s arguments meritless but agreed to push back the sentencing.Legal experts said Trump faces steep odds of getting the hush-money conviction overturned, since much of the case involves conduct before his presidency and the evidence from his time in the White House has more to do with private conduct.The supreme court’s ruling stemmed from a separate case Trump faces on federal charges involving his efforts to undo his 2020 election loss to Joe Biden. It all but ensured Trump would not face trial in that case before the November election.Trump’s lawyers are also seeking a pause in a third criminal case on charges of mishandling classified documents due to the ruling. Trump has pleaded not guilty to all charges.In the hush-money case, Trump was found guilty of falsifying business records to cover up his former lawyer Michael Cohen’s $130,000 payment to adult film star Stormy Daniels to remain quiet about a sexual encounter she says she had with Trump. Prosecutors say the payment was designed to boost his presidential campaign in 2016. Trump denies having had sex with Daniels and has vowed to appeal after his sentencing.Trump lawyers argue that jurors shouldn’t have been allowed to hear about some matters including his conversations with then White House communications director Hope Hicks, testimony from another aide about how Trump got personal mail in the Oval Office, and tweets that he sent while president. Some of the checks and invoices at issue in the case were also from his time as president.Merchan has said he will decide on Trump’s arguments by 6 September. If the conviction is upheld, Trump will be sentenced on 18 September –less than seven weeks before the election. More

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    Trump guilty on all counts – so what happens next? – podcast

    Donald Trump has made history again, becoming the first US president, sitting or former, to be a convicted criminal. Late on Thursday a New York jury found him guilty on all 34 counts of falsifying records to cover up a sex scandal. Within minutes of leaving the courtroom, Trump said he would appeal.
    On an historic night for US politics, Politics Weekly America host Jonathan Freedland speaks to Guardian US reporter Sam Levine about what the hush-money trial verdict will mean – both for Trump and for the election in November

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    Donald Trump found guilty of hush-money plot to influence 2016 election

    Donald Trump has been found guilty of all 34 counts of falsifying business records in a criminal hush-money scheme to influence the outcome of the 2016 election.The verdict came after a jury deliberated for less than 12 hours in the unprecedented first criminal trial against a US president, current or former. It marks a perilous political moment for Trump, the presumptive nominee for the Republican nomination, whose poll numbers have remained unchanged throughout the trial but could tank at any moment.Trump was convicted by a jury of 12 New Yorkers of felony falsification of business records, which makes it a crime for a person to make or cause false entries in records with the intent to commit a second crime. He will be sentenced on 11 July at 10am ET.“This was a rigged trial by a conflicted judge who was corrupt,” Trump said at the courthouse after the verdict was read. “This was a rigged trial, a disgrace.”Joe Biden’s campaign hit back in an email sent soon after the verdict.“In New York today, we saw that no one is above the law. Donald Trump has always mistakenly believed he would never face consequences for breaking the law for his own personal gain,” wrote communications director Michael Tyler.“But today’s verdict does not change the fact that the American people face a simple reality. There is still only one way to keep Donald Trump out of the Oval Office: at the ballot box. Convicted felon or not, Trump will be the Republican nominee for president.””In Trump’s case, the Manhattan district attorney’s office alleged Trump falsely recorded the reimbursements he made to his former lawyer Michael Cohen, who paid the adult film star Stormy Daniels $130,000 for her silence about her affair with Trump, as “legal expenses”.The prosecution alleged the falsifications were made to conceal Trump’s violation of New York state election law, which makes it a crime to promote the election of any person to office through unlawful means.Prosecutors argued in part that those unlawful means were the $130,000 payment to Daniels, which was in effect an illegal campaign contribution, because it was done solely for the benefit of his 2016 campaign and exceeded the $2,700 individual contribution cap.The Manhattan district attorney’s office called 20 witnesses who, over the course of four weeks, gave evidence of how Trump plotted with the tabloid mogul David Pecker and Cohen to bury accounts of affairs with Daniels and the Playboy model Karen McDougal.The witnesses – some friendly to Trump, others openly hostile – said Trump’s worry over the Daniels story intensified after the October 2016 release of the infamous Access Hollywood tape, in which Trump was caught on a hot mic bragging about sexual assault.The recording featured Trump boasting about being able to grab women “by the pussy” without their consent because he was famous. Trial witnesses testified the Trump campaign worried that his efforts to dismiss the tape as “locker room talk” would fail if more boorish behavior came to light.When the Daniels story threatened to become widely known weeks before the 2016 election, Cohen moved into action and paid Daniels $130,000 to buy the exclusive rights to her story – in order to suppress its publication.After the 2016 election, prosecutors argued, Cohen worked out an illicit repayment plan in which he would be paid $420,000, an inflated sum that “grossed up” for tax reasons the $130,000 and other items Cohen billed.The trial saw prosecutors elicit testimony from Cohen, Daniels and a parade of Trump’s confidants and employees, as they sought to establish that Trump concealed the alleged payoff scheme in an effort to ensure he would not lose support from female voters.Cohen proved to be perhaps the most legally consequential witness for the prosecution, as he recounted how he used a home equity loan to raise the $130,000 he then wired to Daniels’ lawyer through a shell company. Cohen did so in the belief that Trump would reimburse him, he testified.In January 2017, Cohen said, he discussed with Trump and the former Trump Organization chief financial officer Allen Weisselberg about being repaid for the $130,000, an overdue bonus and other expenses he incurred doing work that benefited the Trump 2016 campaign.Cohen produced 11 invoices seeking payment pursuant to a legal “retainer” that did not exist, according to Cohen, which led to 11 checks being cut to Cohen and the Trump Organization recording 12 entries for “legal expense” on its general ledger – totaling 34 instances of alleged falsifications.Cohen, who was the final witness for the prosecution, said that Trump was furious when he learned that Daniels was on the verge of going public – not least because Cohen had previously worked with Daniels’ lawyer Keith Davidson, in 2011, to remove the affair story from a gossip website.“Just take care of it,” Cohen recalled Trump saying. “This was a disaster, a fucking disaster. Women will hate me.”“Would you have made that payment to Stormy Daniels without getting a sign-off from Mr Trump?” prosecutor Susan Hoffinger asked Cohen.“No, because everything required Mr Trump’s sign-off. And on top of that, I wanted the money back,” Cohen said.Cohen said that he filed bogus invoices for legal services to cover up the reimbursements, and repeatedly said that Trump was the force behind the Daniels plot. He carried out the payoff “to ensure that the story would not come out, would not affect Mr Trump’s chances of becoming president of the United States”.In a watershed moment, Cohen told jurors these repayments started not long after an 8 February 2017 meeting with Trump in the Oval Office, where they talked about money. Cohen hadn’t been repaid anything for the payoff.skip past newsletter promotionafter newsletter promotion“So, I was sitting with President Trump and he asked me if I was OK, he asked me if I needed money, and I said: ‘No, all good’,” Cohen told jurors. “He said, ‘All right, just make sure you deal with Allen.’”“Allen” referenced Allen Weisselberg, the Trump Organization’s chief financial officer at the time, who was recently incarcerated for lying at Trump’s recent civil fraud trial. Weisselberg had previously pleaded guilty to tax crimes, for which he was also jailed.Cohen submitted $35,000 invoices for each month, listing the bill as for legal services. He said it was actually for “the reimbursement, to me, of the hush-money fee along with [another expense] and the bonus”.Hoffinger went through every invoice and pay document and asked Cohen whether it was for legal services – or false. Cohen repeatedly said that the descriptions of invoices and payments in emails and business documents were, in fact, false.“What I was doing was at the direction of and benefit of Mr Trump,” Cohen said at one point, among the many times he directly implicated Trump. “Everything required Mr Trump’s sign-off.”Daniels provided stunning testimony that undermined Trump’s denials that they had sex following a celebrity golf event in Lake Tahoe nearly two decades ago. After rejecting Trump’s invitation to dinner, Daniels decided to go at the advice of a colleague, who said: “It’ll make a great story.”Daniels said that she went to Trump’s hotel room, and they decided to chat before grabbing something to eat. He asked over and over about her work as an adult film actor, repeatedly asking her questions such as: “What about testing? Do you worry about STDs?” Had she been tested?“Yes, of course, and I volunteered it as well,” Daniels said. “He asked me, oh, well, have you ever had a bad test? I said: ‘Nope, I can show you my entire record.’”Trump started to show photos to Daniels at one point, including one of Melania, about which she commented that his wife was “very beautiful” – but allegedly added she should not worry about Melania because “we don’t even sleep in the same room”.They spoke about Trump’s show, The Apprentice, and Daniels remarked there would be no way she would make it on TV given her line of work.“You remind me of my daughter, she is smart and blonde and beautiful and people underestimate her as well,” Daniels remembered Trump saying.Daniels excused herself for the restroom, which was through a bedroom. When she came out, Trump was on the bed, in his underwear and a T-shirt.“At first I was just startled, like a jump scare,” Daniels said. “I just thought: oh my God, what did I misread to get here? The intention is pretty clear if someone’s stripped down to their underwear and on the bed.”Daniels tried to leave but he stood between her and the door, albeit “not in a threatening manner”, she said.“He said, I thought we were getting somewhere. I thought you were serious about what you wanted, if you want to get out of that trailer park … ” Daniels testified. “I was offended, because I never lived in a trailer park.” Daniels said they had sex.The description of the hotel room encounter was uncomfortable and cringe-inducing testimony, one of the prosecutors suggested in closing arguments. But that was precisely why Trump was so desperate to suppress the story – and conceal that he had done so.“This scheme, cooked up by these men, at this time, could very well be what got President Trump elected,” the prosecutor Joshua Steinglass said. More

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    Closing arguments begin in Donald Trump’s criminal hush-money trial

    Donald Trump’s hush-money trial enters its final stages on Tuesday as closing arguments begin in court.For weeks, testimony has gripped America and the world amid the prospect that the former US president could be found guilty of the criminal charges. Trump, who is almost certain to secure the Republican presidential nomination, is charged with falsifying business records related to paying the adult film star Stormy Daniels $130,000 for her silence about an alleged sexual liaison.Prosecutors argue that the payments amount to election interference as Trump was running in the 2016 race for the White House at the time and seeking to cover up a potentially damaging scandal.But as details of the case and Trump’s liaison with Daniels have been brought before a Manhattan jury, they have had seemingly little impact on the 2024 race – where Trump still often narrowly leads Joe Biden in head-to-head polls and is performing strongly in the swings states that are crucial to victory.Trump denies all the charges.The trial has played out in remarkable scenes where Trump has been in court and largely kept off the campaign trial, except at weekends and some events in and around New York City. Despite admonishments from the court, he has continued to rail against his prosecutors, and Judge Juan Merchan, on social media, labelling the trial as a “witch hunt”.Central to the case is the testimony of Trump’s former lawyer and once-feared fixer Michael Cohen. Cohen gave vital evidence for the role that Trump played in the alleged hush-money scheme, but was also brutally grilled by Trump’s lawyers for his previous history of lying and his evident dislike of his former boss and desire to see him behind bars.What weight the jury places on the reliability of Cohen’s testimony is likely to decide the case one way or the other. If found guilty, Trump could face the prospect of jail, though that is mostly seen as unlikely. Any guilty verdict would also almost certainly trigger a lengthy series of appeals.skip past newsletter promotionafter newsletter promotionTrump also faces three other criminal trials: one for trying to sway the 2020 election in Georgia, another for his conduct around the January 6 attack on the Capitol and a third one related to his treatment of sensitive documents after he left the White House. However, all three have been seriously delayed and none are seen as likely to conclude – or even start – before November’s presidential election. More

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    Michael Cohen learned that membership in Trump’s inner circle has a harsh cost | Sidney Blumenthal

    When, in the early days, Donald Trump’s diehard fans failed to show up in front of 100 Centre Street at the Manhattan courthouse to clamor about the rank injustice of the case of The People of the State of New York v Donald J Trump, the lonely defendant roused himself from his fitful slumbers to choreograph a dance of the marionettes. The political delegations that started appearing on 14 May attired for perfectly flattering cosplay in Trump matching red ties was a refrain of surrogates echoing insults and imprecations that if the former president were to mutter himself would earn him further contempt of court citations.Trump assembled around him a miniature court and hierarchy that populated a desolation row. In the front row were seated Eric Trump and his wife, Lara Trump, now installed as the co-chair of the Republican National Committee. There were the senators and congressmen, the failed presidential candidates and hopeful running mates who repeated Trump’s scripted talking points against the judge, the prosecutors and the justice system. There were the Fox News anchors, Jeanine Pirro, who exchanged smiles and nods with Trump, and Laura Ingraham, reprimanded by court officers for staring through forbidden binoculars as though she were on safari. There was former Trump White House adviser Boris Epshteyn, indicted in the Arizona fake electors scheme.The carnival of the Trump vassals was a pop-up court society that formed below the authoritarian ruler. Their ranked serfdom revealed the status pyramid. Like the witnesses, whoever they have been, the trial has dramatized the web of the only kind of relationship Trump knows: master and servant.Day after day, Trump’s underworld has been peeled away. His main line of defense is that the people he has chosen to associate with are sleazy, corrupt and dishonest, and therefore cannot be believed. Illustrating their rotten characters proves Trump must be innocent. Their offense is that they no longer serve him. The reams of hard physical evidence, meanwhile, must be ignored. Trump’s projection reached its risible apogee when his lawyer accused Stormy Daniels of profiting from selling merchandise, which she batted away with a quip: “Not unlike Mr Trump.”The courtroom drama has more than legal implications. While the testimony and evidence may nail Trump on 34 felony charges of business fraud, the trial has painted a vast canvas of human bondage. As the prosecution has built its case, each and every person called to the stand has described their own strange master-servant relationship with Trump.There was David Pecker, publisher of the National Enquirer and other tabloids, who oversaw the “catch-and-kill” hush-money operation to suppress information about Trump’s dalliances and to crank out smears of his opponents. “I felt that Donald Trump was my mentor,” he testified.There was the former teenage model and ingenue from Greenwich, Connecticut, Hope Hicks, whose association with the Trump Organization began by promoting Ivanka Trump as a fashion icon, and was elevated to Trump’s campaign press secretary and a White House counselor. When the Access Hollywood tape was disclosed a month before the election of 2016 on 7 October – “grab’ em by the pussy” – Trump “wanted to make sure that there was a denial of any kind of relationship”, Hicks testified. She ordered the campaign staff: “Deny, deny, deny.”Four days before the election in 2016, Trump directed her to deny the story of the payoff to Stormy Daniels, Hicks has said. Trump told her the next day that Michael Cohen, his personal lawyer, had paid the money. “I didn’t know Michael to be an especially charitable person or selfless person,” she testified. She averted her eyes from the defendant as she spoke, and under cross-examination by his lawyer broke down crying. Whether heartfelt or crocodile tears, they were either way a tribute to “the boss”.The stories of the two principal witnesses, Stormy Daniels and Michael Cohen, like those of everyone else who has ever dealt with Trump, are divergent accounts of the Trump syndrome of domination and submission. Daniels refused to accept the dynamic from the start, felt dissociated from their sole, disagreeable sexual encounter, took the hush money when she could, and has since fought a running battle against him. Cohen traded himself for the grift and the glitz, thinking he had become a tough-guy prince of the city, until he became the fall guy. Then, after a stint in the pen, he became both penitent and vengeful. His rage against his former master is his servile rebellion.Stormy Daniels’ account is a passionless play in three clothes changes.Scene 1: Trump invites Stormy to his hotel suite at a Lake Tahoe golf tournament. Trump’s thuggish bodyguard, Keith Schiller, escorts her to his room. Stormy enters to find him lounging in silk pajamas. She cracks: “Does Hugh Hefner know you stole his pajamas?”Scene 2: A chagrined and humiliated Trump changes into a shirt and pants. He asks her whether she has ever had a sexually transmitted disease. She explains that she takes rigorous tests to continue working in the adult film industry. He presses whether “you ever had a bad test?” He asks about condoms. She asks about his wife. “Oh, don’t worry about that,” he replies. “We are – actually don’t even sleep in the same room.”He talks more about himself, cuts her off, “and it was almost like he wanted to one-up me”. He shows her a financial magazine with his picture on the cover. “At this point, I pretty much had enough of his arrogance and cutting me off and still not getting my dinner. So, I decided someone should take him on. So I said, are you always this rude, arrogant and pompous? You don’t even know how to have a conversation, and I was pretty nasty. I snapped. And he seemed to be taken aback. And I said, someone should spank you with that.” He rolls up the magazine, she takes it and orders him to “turn around”. He bends over. She swats him. “And he was much more polite.”He raises the idea that she should appear on The Apprentice. Being an “adult actress” would be no problem. “You remind me of my daughter,” he says. She puts a friend, another “adult actress”, on the phone to prove she’s present with the real Trump. Then she goes to the bathroom.In the courtroom, while Stormy testified, Trump loudly muttered, “Bullshit!” The judge told his lawyer to silence him. Trump’s curses were a substitute for himself taking the stand.Scene 3: Stormy comes out of the bathroom to find Trump lying on the bed in a T-shirt and boxer shorts. “He stood up between me and the door, not in a threatening manner. He didn’t come at me. He didn’t rush at me. He didn’t put his hands on me and nothing like that. I said, I got to go. He said, I thought we were getting somewhere, we were talking, and I thought you were serious about what you wanted. If you ever want to get out of that trailer park – basically, I was offended because I never lived in a trailer park.” Then, she felt like she “blacked out”.“The next thing I know, I was on the bed, somehow on the opposite side of the bed from where we had been standing. I had my clothes and shoes off. I believe my bra, however, was still on. We were in the missionary position … I was staring at the ceiling. I didn’t know how I got there.” Trump didn’t wear a condom. It worried her.Prosecutor: “Was it brief?” Answer: “Yes.” Her hands shook getting dressed. “He said: ‘Oh, great. Let’s get together again, honeybunch. We were great together.’ I just wanted to leave.” She leaves quickly. She feels “ashamed”. He calls several times a week for a while. She visits him once at Trump Tower. She never gets a gig on The Apprentice.In scene 1, Stormy made fun of Trump decked out in Hefner’s signature silk pajamas, his laughable affectation without the artifice of Hef’s highfalutin Playboy philosophy. Trump, in fact, had long tried to burnish his image through proximity to Hefner. In 1990, Trump appeared with a model on a Playboy cover, which he flaunted at a campaign stop in North Carolina in 2016. In 2000, he made a cameo appearance in a softcore Playboy-produced film called Centerfolds, pouring champagne in a Playboy limousine. He attended several Playboy anniversary parties, in 2003 bringing his then girlfriend Melania Knauss and posed for a photo with Hefner. But Hef exploited Trump for his gilt-edged louche image more than Trump succeeded in exploiting Hefner. When Trump proposed a feature for Playboy, “The Girls of Trump”, it was rejected. Trump was strictly for cameos. Hefner was never Trump’s servant.Stormy sized up Trump’s weakness at first sight. It was not an inflection moment, but a confection moment. Trump’s hollow personality is in great part confected from copying the stylized mannerisms of a swath of male entertainers of an older generation. His shtick is patched together from a variety of sources – borrowing, for example, from the method of Don Rickles, the insult comedian, to whom Trump unsuccessfully tried to sell a condo in one of his properties, to the method of Bob Grant, a now forgotten racist demagogue with a daily program on CBS Radio in New York, on whose show Trump appeared.Trump has been especially obsessed with Frank Sinatra, ring-a-ding-ding. He once clumsily tried to impose his will on “the Chairman of the Board”. Their transaction was nasty, brutish and short. When Trump sought to hire Sinatra to play at his Taj Mahal casino in Atlantic City, he tried to renegotiate the contract to pay him less than he originally promised, telling him his fee was “a little rich”. Sinatra sent Trump a message to “go fuck himself”. “He actually did loathe him,” said Nancy Sinatra, his daughter.Trump has long tried to present himself in the image of a cool swinger in Sinatra’s Rat Pack: “I’m king of the hill, top of the heap.” But the improvised group of Sinatra’s friends, accomplished musicians, actors, dancers and wits – Dean Martin, Sammy Davis Jr, Peter Lawford, and Joey Bishop – were famous for their talent, not for an empty fame. Together they performed a spontaneous, raucous Las Vegas act and made a heist movie, Ocean’s 11, about robbing all the Vegas casinos. One aspect of their style was the show of casual bravado that was a knowing tribute and parody of the mafia dons who built and presided in Vegas. Sinatra had deflected stage-door johnnies and hangers-on since he was a teenage heartthrob. Trump was a familiar type of blustering wannabe, with a thick wad of bills to be given a ringside table and to be avoided, until he became obnoxious and Sinatra had to tell him to “go fuck himself”.In the midst of the current trial, on 11 May, Trump held a rally in New Jersey, where he hawked a patently false story about Sinatra to connect with the Jersey crowd. Supposedly, like they were pals, according to Trump: “Frank Sinatra told me a long time ago, ‘Never eat before you perform.’ I said, ‘I’m not performing, I’m a politician, if you can believe it.’”If you can believe it, even in the wee small hours of the morning, Sinatra died in 1998, 17 years before “politician” Trump ran for office. On 21 January 2021, when Trump took off from Washington at Andrews air force base, after inciting the January 6 attack on the Capitol and being impeached a second time, he had the loudspeakers blaring out one of Sinatra’s theme songs, My Way, as if Sinatra was granting him a pardon.In scene 2, according to Daniels, Trump kept circling, shark-like, to learn if Daniels might be infected with venereal disease. Relieved at her answer, when he pounced, he didn’t use a condom, his triumph in scene 3. “Missionary position,” Stormy testified. He called her “honeybunch”, until she later criticized him and he called her “horseface”.In February 2017, Trump’s bodyguard Keith Schiller – head of Trump Organization security, then promoted to “director of Oval Office operations” – invaded the New York City office of Trump’s personal physician, Dr Harold Bornstein, to seize Trump’s medical records. Bornstein said he felt “raped”. Those records have never been released. The public has no clear idea of Trump’s medical history, of whether he was ever treated for any disease, sexually transmitted or otherwise.According to Daniels, Trump promised her a spot on his TV show, then she “blacked out”, finding herself vacantly staring at the ceiling. The casting couch routine is a time-worn technique pre-existing the talkies. Trump’s was a dismal variation on the theme of Harvey Weinstein. At the time, Weinstein was a king of Hollywood, producer of the classiest movies and winner of Oscars. Trump occupied a lower rung in the entertainment industry, faking his way through a reality gameshow. They did not cross paths much, though in 2009 Trump turned up at a Miramax premiere in New York of Nine, starring Daniel Day-Lewis as an Italian film-maker with a complicated love life. Trump posed for a photo with his arms around his wife and Weinstein’s.When Weinstein was convicted of sexual assault and rape, Trump stated it sent a “very strong message” and was a “great victory” for women. “I was never a fan of Harvey Weinstein,” he said. “I think he said he was going to work hard to defeat me in the election. How did that work out, by the way? He was a person I didn’t like.” This was after numerous women accused Trump of sexual assault but before he was adjudicated a rapist in the E Jean Carroll defamation case.Before Trump’s claim that the 2020 election was “rigged”, he charged that the Emmys were “rigged” for failing to award him for The Apprentice. In 2017, Stephen Colbert, as the host of the Emmy awards show, mocked Trump. “Unlike the presidency, Emmys go to the winner of the popular vote,” he said. Trump’s whining about the “rigged” Emmys was a rehearsal for his “Stop the Steal” coup.The offstage but oft-mentioned character who never appears as a live witness is Trump’s third wife, Melania, of the separate bedrooms, who was pregnant while Trump was inviting Stormy and a bevy of adult film stars into his Tahoe hotel suite. The overwhelming weight of testimony introduced in the trial is that Trump’s actions were motivated by a desire to suppress the information of his sexual liaisons because they would damage his election chances.Prosecutor: Why, in fact, did you pay that money to Stormy Daniels?Michael Cohen: To ensure that the story would not come out, [and] would not affect Mr Trump’s chances of becoming president of the United States.Prosecutor: If not for the election, would you have paid that money to Stormy Daniels?Cohen: No, ma’am.Prosecutor: At whose direction did you pay the money?Cohen: Trump’s.One of Cohen’s revelations was that when the Hollywood Access tape emerged, it was Melania who invented the alibi that it was just boys’ “locker room talk”. “We needed to put a spin on this,” Cohen said, “and the spin that [Trump] wanted put on it was that this is locker room talk – something that Melania had recommended, or at least he told me that that’s what Melania had thought it was.”To maintain a degree of control in the marriage, Melania dances a tango. She has been vigilantly protective of her investment. She has renegotiated her pre-nup three times, according to Page Six, twice as a post-nuptial agreement. Nobody knows its provisions. But it may be reasonable to assume that Trump’s adamant refusal to acknowledge his sex with Stormy Daniels may relate to sums of money attached to episodes of adultery in the post-nup. Melania was reportedly furious after the disclosure of Trump’s $130,000 payment to Daniels.Cohen testified that he asked Trump,“How’s things going to go upstairs?” referring to Melania’s anger, and Trump responded with the coldest revelation to come out of the trial: “‘Don’t worry,’ he goes. He goes: ‘How long do you think I will be on the market for? Not long’.” Trump was contemplating what would happen after Melania made good on the latest post-nup.On the day that Stormy testified, in a bit of counter-programming, the chair of the Florida state Republican party announced that Barron Trump, Melania and Donald’s son, 18 years old, would be a delegate to the Republican national convention. Floating that story would show that Melania was on board. Two days later, the Florida Republican party issued a statement rescinding the original one, now stating that Barron Trump “regretfully declines to participate due to prior commitments”. Perhaps Melania had made her leverage known.Where’s my Michael Cohen? “I regret doing things for him that I should not have,” he said on the stand. “Lying, bullying people to effectuate the goal … to keep a loyalty and to do the things he asked me to do, I violated my moral compass and I suffered the penalty, as has my family.” His plea for redemption was something that never would have passed the lips of Trump’s tutor in viciousness.Roy Cohn owed nothing to Trump. Trump came to him as a supplicant to rescue him from a racial discrimination suit, which Cohn resolved through his trademark intimidation, delay and bluffing. Trump, the youthful bounder, also begged Roy to wheedle him past the rope line into Le Club, an exclusive celebrity hangout. Roy had been a darling of J Edgar Hoover and the counsel for Joseph McCarthy. Roy represented everyone in New York: the Catholic archdiocese, George Steinbrenner of the Yankees, Aristotle Onassis, and the bosses of the mafia families, Fat Tony Salerno, Carmine Galante, and John Gotti. Roy’s apprentice was Roger Stone, who introduced him to Ronald Reagan. Roy’s beard, his make-believe fiancee, was Barbara Walters. Roy was Trump’s godfather in the city.Michael Cohen owed everything to Trump. The personal injury lawyer from Long Island claimed he read The Art of the Deal twice before Trump hired him. He eagerly became Trump’s creature. He did whatever Trump asked of him, from lying about whatever needed to be lied about to threatening inquisitive reporters to trying to negotiate a Trump Moscow Tower.One of those tasks was paying off Stormy Daniels at Trump’s orders, he testified, and Cohen served two years in prison for tax evasion and campaign-finance violations, among other crimes, for his service to Trump. Trump was named in his federal indictment from the southern district of New York as Unindicted Co-Conspirator 1. Trump sent him a message during his trial: “Stay strong, I have your back. You’re going to be fine.” Cohen was a made man; Trump had made him. He was his complicit errand boy. Roy Cohn had taught Trump how to create a Michael Cohen. Then, Cohen flipped.Trump called him a “rat”, a term of art applied to an FBI informant snitching on organized crime. Running for re-election with indictments shadowing him this year, Trump began trolling for unofficial character witnesses. In January, he landed the biggest “rat” of them all for an endorsement: Sammy “The Bull” Gravano – a former hitman for the mob who confessed to involvement in the murders of 19 men and a stoolie who sent away his boss, the “Dapper Don” John Gotti, for life – stepped forward to stamp Trump “a legitimate guy”.“Thank you to Sammy the Bull,” Trump tweeted. “I hope Judges Engoron and Kaplan see this” – the judges in his financial fraud and E Jean Carroll defamation cases, which he would lose. “We need fairness, strength and honesty in our New York Courts. We don’t have it now!” But Sammy the Bull, who in 2017 was released from an Arizona prison where he was doing time for running a drug ring, has refrained from further commentary on Trump’s legal troubles. Trump has turned elsewhere for character witnesses.The cavalcade of Republican politicians to the Manhattan courthouse has been a demonstration of the party’s servitude to the defendant. Journalists in the courtroom have observed Trump writing and editing the talking points handed to the pols to spout. These Republicans are more than a sideshow: they’re walking witnesses to the degree to which Trump has transformed the Republican party into his accomplice. It is a made party.Tommy Tuberville, the village idiot of the Senate, who held up military promotions for months, blunderingly gave the entire game away, and conceivably could get Trump into further hot water, by stating that he and the others came on Trump’s behalf to “overcome the gag order”. He complained that the courtroom was “kind of dark, cold”, and that the seats “are very, very, very uncomfortable”.“I’ve not been in many courtrooms in my life,” he went on. “Hopefully I don’t have to go to too many more.” So far, Trump’s further trials have been conveniently delayed.Speaker of the House, Mike Johnson, evangelical avatar, arrived on the shuttle to lend moral support to the immoral. “People are curious,” he explained about his motivation last year. “What does Mike Johnson think about any issue under the sun?’ I said, ‘Well, go pick up a Bible off your shelf and read it. That’s my worldview. That’s what I believe.’”In Alabama, while working as an attorney for the far-right Alliance Defending Freedom, Johnson spoke out in favor of Judge Roy Moore’s posting of the Ten Commandments at the Montgomery judicial building. Moore lost a bid for the US Senate in 2017 after accusations of sexual assault and misconduct with underage girls. After Johnson’s little intervention at the Trump trial, he might edit the commandments down to six, dropping the bits about adultery, stealing, lying and greed. If he were especially self-aware about his courthouse antic, he could also drop the first one: “Thou shalt have no other gods before me.”Standing behind the metal barrier in front of the courthouse, careful not to enter, Johnson waved to Trump. He got the talking points for the courthouse rally, too. The trial, he said, was “a sham”. The gesture was a small price to pay after convincing Trump to help him fend off Marjorie Taylor Greene from carting him away in a tumbril. Empty flattery of Trump is worth the speakership. But Johnson’s bended knee has guaranteed that the Democrats will not vote to maintain him again, if there is another attempt to guillotine him.Mike Johnson is a Trump made man, too, enlisted as an accomplice in the January 6 coup and the subsequent effort to cover it up. He was instrumental in advancing the falsehood that Dominion Voting Systems and Smartmatic had “rigged software” that came from the deceased “Hugo Chávez’s Venezuela”, sought to nullify the votes of Arizona and Pennsylvania, and charged that the judges who rejected Trump’s bogus claims were committing an illegal “usurpation”. Once he became speaker, he ordered that in the film of the January 6 attack the faces of insurrectionists should be blurred “because we don’t want them to be retaliated against and to be charged by the DoJ”. It was too late, however, to obstruct justice. The justice department announced after Johnson’s order that it already had the footage.For Johnson, the courthouse demonstration to denigrate the justice system was consistent with his participation in the January 6 plot. After Johnson fended off the attempt to remove him, he must play a game to defend Trump in order to play Trump in order to defend himself from Trump’s feral acolytes. Everyone who has tried that game has eventually wound up devoured.For the chorus line of vice-presidential hopefuls, the courthouse was an off-Broadway tryout. They pirouetted to win Trump’s nod, but only one could be chosen: “One singular sensation”.Senator JD Vance, of Ohio, who in one of his several past incarnations denounced Trump as “America’s Hitler”, has since turned into a Trump trooper. The cultural contradictions of Trumpism no more bother the pious Vance than they do Mike Johnson. Vance has said he had come just “to support a friend … Sometimes it’s a little bit lonely to sit up there by yourself.” But Vance’s courtroom elegy as Miss Lonelyhearts was clipped. His good friend had previously described him at a campaign rally as “JD Mandel”, confusing him with another Ohio politician. If Trump needs Vance to win Ohio, he has already lost.Who was and who wasn’t present in the worshipful gaggle was a tale of two Dakotas. South Dakota governor Kristi Noem, aspiring running mate, was significantly absent from the courthouse, still busily justifying blasting her 14 months-old puppy and a goat after dragging them into a gravel pit. Her tale of slaughter in a recently published memoir was an exhibition of performative sadism to catch the eye of Trump. Her cruelty to animals was an unprecedented bid to secure the second slot under him. But the opprobrium she attracted terminated her short-lived campaign.The trigger-happy governor, quick on the draw, had put a clear bullseye on her target’s viciousness – Trump, not Cricket the dog. But there’s no getting back up on the horse for her. By the way, she has also disclosed offing three family horses. Trump infamously boasted that he could get away with shooting someone on Fifth Avenue, but Noem’s bragging about killing her dog on the farm unexpectedly became her retelling a murder-suicide.Trump’s other Dakota applicant, North Dakota governor Doug Burgum – who dropped out of the Republican contest before a single vote was taken, polling a barely detectable 1% – turned up at the courthouse to drone the Trump talking points that the trial was “election interference” and a “scam”. The colorless Burgum, without the slightest measurable constituency, should be considered the frontrunner as Trump’s vice-presidential pick. His advantage is not that he is bland and can never outshine Trump. Burgum’s asset is his assets. He sold his software company to Microsoft in 2001 for $1.1bn. Trump is frantic for cash.Trump has installed his daughter-in-law, Lara Trump, as co-chair of the Republican National Committee, to replace Ronna Romney McDaniel, who had resisted shoveling every last penny of RNC funds into Trump’s legal defense fund. As slavish as McDaniel was to Trump, her sin was that it was not down to the last cent. She could not be subservient enough; so, she was defenestrated. Under Lara Trump, the party’s money will flow in an endless river to his campaign.Burgum, a political nobody, appears as a godsend to Trump. If Trump is the Republican goldencalf, Burgum is his potential cash cow. With him on the ticket, Burgum would be outside campaign finance restrictions and could open the spigot of his fortune for Trump. When it comes to Trump, the mercenary motive always prevails. For Burgum, it might be a cheap deal, a speculation as profitable in its own way as selling his firm Microsoft made him a billionaire. If Trump is elected, the non-entity would be a heartbeat away from the presidency. In the meantime, he simply has to perform like a Mike Pence dummy, until the moment inevitably arrives when Trump tries to coerce him to become a co-conspirator.By Thursday, 16 May, the supporting cast was down to the scraps of Freedom Caucus devotees, most prominently Lauren Boebert and Matt Gaetz. “And I want all of the news to start asking the question, ‘What is the crime?’” Boebert shouted outside the courthouse. “Because everyone in this court has not been informed of what the crime is. The defendant does not know the crime that was committed.” As she spoke, one bystander heckled: “Beetlejuice!” Boebert had been evicted from a Denver theater staging of “Beetlejuice” for allegedly vaping, making loud noises and groping her then boyfriend, owner of a dive bar named Hooch that features drag queen shows.After Gaetz appeared at the courthouse, he posted on Twitter/X a picture of himself there in a Trump-style red tie with a caption comparing himself to the Proud Boys, whose leader is serving a prison sentence for seditious conspiracy for the January 6 insurrection. “Standing back and standing by, Mr President,” wrote Gaetz. He understood Trump’s bottomless need for displays of subservience. In the courtroom, Gaetz was given a place of honor seated next to Eric Trump.The House ethics committee has yet to report on its investigation into Gaetz’s alleged sexual relation with a minor. Former speaker Kevin McCarthy, removed from the speakership by the people rallying at the courthouse, observed recently that the motive for his ousting was because “one person wanted me to stop an ethics complaint because he slept with a 17-year-old”.But the red-tie Trump brigade were not a snake line of Proud Boys armed with weapons ready to rush the courthouse to liberate the defendant. Their dim perception about the trial they came on Trump’s orders to deride blinded them to the tragic story of the chief witness, Michael Cohen. The Trump lackey, through a tortured ordeal, at last came to a harsh realization of how grotesquely Trump had manipulated, exploited and betrayed him, and now he stood lashed in the witness box by Trump’s lawyer for being Trump’s lawyer, the liar that Trump depended on. Outside the courtroom, Trump’s self-abasing retinue lines up to serve him like the old Michael Cohen.
    Sidney Blumenthal, former senior adviser to President Bill Clinton and Hillary Clinton, has published three books of a projected five-volume political life of Abraham Lincoln: A Self-Made Man, Wrestling With His Angel and All the Powers of Earth. He is a Guardian US columnist More

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    Michael Cohen accused of lying over phone call at Trump hush-money trial

    Donald Trump’s lawyer on Thursday attacked the core charge against the former president as he sought to undercut Michael Cohen, the former attorney whose $130,000 hush-money payment to the adult film star Stormy Daniels is at the heart of the criminal trial in New York.The defense, led by the Trump lawyer Todd Blanche, had Cohen admit that technically Daniels entered into a legal contract to sell the rights of her story about a sexual encounter with Trump, apparently in an attempt to justify labelling the repayments as legal expenses.During the hours-long cross-examination, the defense forced Cohen to concede that he had previously lied to protect Trump because it affected the stakes for him personally, and that he lied to the federal judge when he was prosecuted for tax evasion and false statements.As Cohen returned to the stand for the third day, Blanche suggested Cohen’s latest objective was to see Trump go to jail, seeding the possibility that he might have also lied about the extent of Trump’s involvement in the hush-money scheme with Daniels.Blanche also directly accused Cohen of lying in his trial testimony. Cohen said earlier in the week that when he called Trump’s then bodyguard Keith Schiller on 24 October 2016, it was to apprise Trump that he was moving forward with paying hush-money to Daniels.But relying on texts Cohen sent to Schiller complaining about prank calls from a 14-year-old, Blanche raised his voice to tell Cohen he must have phoned Schiller primarily about the prank calls and that he could not have had enough time in a one-minute 30-second call to tell Trump about the Daniels deal.“You can admit,” Blanche said, that you lied. “No sir, I can’t,” Cohen responded, sticking to his account.Trump was joined in court on Thursday by his son Eric Trump and the US representatives Lauren Boebert and Matt Gaetz. The trio appeared to be engaged in a dynamic conversation, at times smiling, laughing and whispering into each other’s ears shortly before Cohen took the stand.Trump has pleaded not guilty to 34 counts of felony falsification of business records. Prosecutors must prove Trump authorized what he knew to be hush-money repayments to be falsely characterized as “legal expenses” in the Trump Organization’s records, with an intent to commit a second, election crime.The criminal case against Trump – the first against a US president – stems from his attempts to suppress negative stories about alleged sexual encounters he had with Daniels and others for fear that they could negatively affect his campaign just weeks before the 2016 election.Cohen has been a dramatic witness for the prosecution as he recounted how he used a home equity loan to raise $130,000, which he then wired to Daniels’s lawyer through a shell company he established. Cohen did so in the belief that Trump would reimburse him, he testified.In January 2017, Cohen previously recounted, he discussed with Trump and the former Trump Organization chief financial officer Allen Weisselberg about being repaid for the $130,000, an overdue bonus, and other expenses he incurred doing work that benefited the Trump 2016 campaign.Cohen produced 11 invoices seeking payment pursuant to a legal “retainer” that did not exist according to Cohen, that led to 11 checks being cut to Cohen and the Trump Organization recording 12 entries for “legal expense” on its general ledger – totaling 34 instances of alleged falsifications.Under New York law, prosecutors need to prove beyond a reasonable doubt that Trump either made or caused a false entry to be made in the business records of an enterprise. Cohen’s testimony provided the first direct evidence that Trump directed the nature of the reimbursement to be obscured.But Blanche relentlessly attacked Cohen’s credibility and motivations in recounting that story.skip past newsletter promotionafter newsletter promotionBlanche played clips from Cohen’s podcast Mea Culpa, including when Cohen said “thinking about Trump in Otisville prison makes me giddy with joy”. He also got Cohen to concede that he believed he played a large role in the indictment being brought against Trump – and bragged about it.The defense later dug into Cohen’s previous lies under oath and how he seemingly lied about details big and small. When Cohen testified to Congress in 2017 about a Trump real estate deal in Moscow, Blanche elicited, Cohen lied about how many times he spoke to Trump about the deal.And although Cohen told William Pauley, a US district court judge, in 2018 that he had not been induced to plead guilty to federal tax evasion and false statements charges, Blanche elicited, Cohen later said he felt he was cornered into pleading guilty so that his wife wouldn’t also be charged.“The reason you lied to a federal judge was because stakes affected you personally?” Blanche asked. “Yes,” Cohen replied, affirming that he told lies not just to protect Trump, as he has previously claimed, but for his personal benefit, when it suited him.In an apparent effort to undercut Cohen’s testimony on direct examination that Trump was responsible and involved in the effort to cover up the hush money to Daniels, Blanche elicited from Cohen that he had a track record of trying to shift blame for his own actions on to other people.“You’ve blamed … Your bank? Your accountant? You blamed federal prosecutors? The judge? President Trump?” Blanche asked. “Yes, sir,” replied Cohen to each of the questions.The cross-examination of Cohen is expected to conclude on Monday morning. The redirect-examination is unlikely to take longer than an hour, prosecutors told the judge. After Cohen is done, Trump’s lawyers may call Bradley Smith, an expert in federal elections law.Smith’s potential testimony is not likely to take particularly long, in large part because the judge imposed limits on expert testimony in a pre-trial ruling. Smith would only be able to testify about general definitions about federal campaign contributions.Whether Trump testifies in his own defense remains uncertain, even if Trump has suggested he wants to take the stand. Should Trump not testify, closing arguments in the case could come on Tuesday. But the judge still has to issue jury instructions, which means the jury might only start deliberating on Thursday. More

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    The Trump hush-money trial reveals a seamy world shot through with moral rot | Robert Reich

    There is something important about Trump’s criminal trial in New York that’s not being openly talked about. I don’t mean we’re not getting the facts about what’s happening in Manhattan superior court. But something very big is being left out.The trial has introduced us to a world of moral and ethical loathsomeness in which people use and abuse one another routinely. It’s Trump world.Consider Stormy Daniels. Adult film stars are entitled to do as they wish to make money. But when they extort people who are running for public office – demanding huge payments in order to stay quiet about an affair – they’re contributing to a society in which every interaction has a potential price.Last week we heard Daniels’s story, even more detailed and lascivious than expected. But perhaps the most troubling aspect of her behavior is that the moment the former president ran for office, she saw a chance to extort money from him. She then “shopped” her account of their sexual liaison before finally accepting $130,000 to be silenced in the 2016 election’s final, critical days.Or consider Michael Cohen. Powerful people often need “fixers” – assistants that carry out their wishes and protect them from legal or political trouble. But when those fixers arrange payments to keep stories out of the media, they’re treading on morally thin ice.Cohen didn’t just fix. He boasted of burying Trump’s secrets and spreading Trump’s lies. In his work for Trump, he repeatedly acted illegally and found ways to cover up his actions. After he paid Daniels to keep silent and Trump was elected president, Cohen concocted with Trump a means of being reimbursed that involved falsifying records that disguised the repayment as ordinary legal expenses, according to his testimony.And then there’s David Pecker, publisher of the National Enquirer. Tabloids are part of a long tradition of US journalism. But when tabloid publishers buy stories to bury them on behalf of powerful people, thereby establishing a kind of bankable account of chits that can be cashed in with the powerful, it violates public morality because it corrupts our democracy.Two weeks ago, Pecker testified about “catching and killing” stories – buying the exclusive rights to stories, or “catching them”, for the specific goal of ensuring the information never becomes public. That’s the “killing” part. According to people who have worked for him, Pecker mastered this technique – ethics be damned.Which brings us to Trump himself. I don’t care that he had extramarital affairs. But when a presidential candidate tells his fixer to buy off someone – “just take care of it” – so the public doesn’t get information about a candidate before an election that they might find relevant to evaluating him, it undermines democracy.This cast of characters – and there are many, many others like them in Trump world – are loathsome not only because they may have violated the law, but because they have contributed to a harsh society in which everyone is potentially bought or sold.It’s a sell-or-tell society, a catch-and-kill society, a just-take-care-of-it society. A society where money and power are the only considerations. Where honor and integrity count for nothing.I am not naive about how the world works. I’ve spent years in Washington, many of them around powerful people. I have seen the seamy side of US politics and business.But the people who inhabit Trump world live in a more extreme place, where there are no norms, no standards of decency, no common good. There are only opportunities to make money and the dangers of being ripped off. It’s a place where there are no relationships, only transactions.I sometimes worry that the daily dismal drone of Trump world – the continuous lies and vindictiveness that issue from Trump and his campaign, the dismissive and derogatory ways he deals with and talks about others, the people who testify at his criminal trial about what they have done for him and what he has done for or to them – has a subtly corrosive effect on our own world.I think it is important to remind ourselves that most of the people we know are not like this. That honor and integrity do count. That standards of decency guide most behavior. That relationships matter.
    Robert Reich, a former US secretary of labor, is a professor of public policy at the University of California, Berkeley, and the author of Saving Capitalism: For the Many, Not the Few and The Common Good. His newest book, The System: Who Rigged It, How We Fix It, is out now. He is a Guardian US columnist. His newsletter is at robertreich.substack.com More