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      Abortion rights and historic wins: key takeaways from the US’s off-year elections

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      Voters across the US went to the polls on Tuesday for an array of key races that may set the tone for the general election next year.The night delivered some historic wins and some surprise outcomes. Here’s a roundup of the notable races that have been call so far.Virginia voters stave off Republican agendaIn Virginia, where all 140 state legislative seats were up for election, Democrats retained their majority in the state senate, crushing Republican lawmakers’ hopes of gaining control of the legislature.In a surprising victory, Democrats also flipped the house of delegates, the lower chamber of the state house. That means they will be able to effectively block the Republican governor Glenn Youngkin’s agenda, which includes a ban on abortions after 15 weeks of pregnancy with exceptions for rape, incest and medical emergencies.Gaining control of both chambers would have allowed Republicans to swiftly move ahead with conservative policy priorities. Though not all of the races have been called, Democrats are already celebrating in what was seen as a bellwether for 2024.A pro-choice victory in OhioIn the nation’s only race where abortion was on the ballot, Ohio voters overwhelming decided to enshrine abortion protections in their state constitution.The vote to approve “Issue 1” passed with nearly 60% of the vote on Tuesday after months of campaigning that saw millions of dollars pour in from both sides.As Carter Sherman, reporting for the Guardian in Akron, Ohio, writes: “Abortion access has been embattled in Ohio since the US supreme court overturned Roe v Wade last year, sending the issue of abortion back to the states and leading 16 states to ban nearly all abortions. Ohio has a six-week abortion ban on the books, which briefly took effect until a court paused it. Tuesday’s results should prevent it from being reinstated.Democrat holds on to Kentucky governorshipFollowing a high-profile race that pitted two former law firm colleagues against each other, the Democratic incumbent, Andy Beshear, will retain his gubernatorial seat in the largely conservative state after Kentucky voters chose him over the Republican Daniel Cameron.Cameron, the state’s first Black attorney general, would have been the nation’s first Black republican governor of he were elected. During his campaign for the governor’s seat, Cameron faced criticism from the family of Breonna Taylor, who were angered at his handling of the the investigation into her killing.In Mississippi, a Republican governor keeps his jobBrandon Presley, a Democrat and relation of Elvis Presley, lost his race for governor, conceding to the incumbent Tate Reeves on Tuesday night. Reeves avoided what would have been a remarkable upset, calling his victory “sweet”, and congratulated Presley for “running hard all the way through”.It was a hard-fought contest that saw the candidates exchange verbal blows, writes the Guardian’s Adria Walker in Mississippi, “with Reeves alleging that Presley had been bought by out-of-state, liberal political interest groups. Presley hammered Reeves on his and his family’s alleged involvement in the state’s ongoing corruption scandal.”Election day was disrupted when polling places in the state’s largest county ran out of ballots and voters endured long lines in a key Democratic stronghold.Philly gets its first female mayorIn Philadelphia, voters elected Cherelle Parker as the 100th mayor, and first woman to lead the city. Parker beat out her Democratic opponents and was heavily favored over the Republican candidate David Oh. Parker ran as a moderate in Democratic stronghold where issues like crime, gun violence and blight are consistently top of mind. Parker has been involved in politics since she was a teenager and was a Pennsylvania state representative from 2005 to 2016 and a Philadelphia city council member from 2016 to 2022.Rhode Islanders are sending their first Black representative to CongressThe Democrat Gabe Amo, 35, defeated the Republican Gerry Leonard to win Rhode Island’s first congressional district. Amo, who grew up in Pawtucket as the son of Ghanaian and Liberian immigrants, claimed more than 32% of the vote and will fill the seat of fellow Democrat David Cicilline, who stepped down this summer to become president and CEO of the Rhode Island Foundation.From the ‘Central Park Five’ to New York City councilYusef Salaam won a seat on the New York City council, completing a stunning reversal of fortune decades after he was wrongly imprisoned in an infamous rape case. Salaam, a Democrat, will represent a central Harlem district on the city council, having run unopposed for the seat in one of many local elections held across New York state.The victory comes more than two decades after DNA evidence was used to overturn the convictions of Salaam and four other Black and Latino men in the 1989 rape and beating of a white jogger in Central Park. Salaam was arrested at age 15 and imprisoned for almost seven years. The group became known as the “Central Park Five”.“For me, this means that we can really become our ancestors’ wildest dreams,” Salaam said in an interview with the AP before the election.A loss for an Uvalde mother turned campaignerKim Mata-Rubio, the mother of one the 19 children killed at Robb elementary school in Uvalde, Texas, has lost her mayoral bid. After her 10-year-old daughter was killed in May 2022, Mata-Rubio became an outspoken gun violence prevention advocate.She announced her bid for mayor of Uvalde in June and ran on the promise of making the city “a place where every citizen feels heard, where we honor our past while building a brighter future, and where tragedies like the one my family experienced catalyze positive change for all”, according to her campaign website.Ohioans vote to legalize recreational marijuanaIn another rebuke to the Republican leadership, Ohio voters have made the state the 24th in the nation to legalize marijuana for recreational use. The legislation’s approval comes after Republican officials, including Governor Mike DeWine, publicly denounced the legalization over fears it would negatively affect workplace and road safety.Under the new law, people who are at least 21 years old are allowed to buy marijuana and possess up to two and a half ounces of it. “Marijuana is no longer a controversial issue,” said Tom Haren, a spokesman for the Coalition to Regulate Marijuana Like Alcohol, which backed the Ohio proposal. More

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      Exonerated ‘Central Park Five’ member poised to win New York City council seat

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      The exonerated “Central Park Five” member Yusef Salaam is poised to win a seat Tuesday on the New York City council, marking a stunning reversal of fortune for a political newcomer who was wrongly imprisoned as a teenager in the infamous rape case.Salaam, a Democrat, will represent a central Harlem district on the city council, having run unopposed for the seat in one of many local elections playing out across New York state on Tuesday. He won his primary election in a landslide.The victory will come more than two decades after DNA evidence was used to overturn the convictions of Salaam and four other Black and Latino men in the 1989 rape and beating of a white jogger in Central Park. Salaam was imprisoned for almost seven years.“For me, this means that we can really become our ancestors’ wildest dreams,” Salaam said in an interview before the election.Elsewhere in New York City, voters will decide whether to re-elect the Queens district attorney and cast ballots in other city council races. The council, which passes legislation and has some oversight powers over city agencies, has long been dominated by Democrats and the party is certain to retain firm control after the election.Local elections on Long Island could offer clues about how the city’s suburbs could vote in next year’s congressional elections.Races for Suffolk county executive and North Hempstead supervisor have been the most prominent, though the races are expected to have low turnout because they are happening in a year without federal or statewide candidates on the ballot.“Keeping an eye on Long Island, which has been a little counterintuitive in its election outcomes the last few years with a mix of national and local issues, gives you a chance to see what’s playing in a typical suburb that’s not unlike the ones in Pennsylvania, Michigan, North Carolina, Virginia, Arizona, Nevada and other places that both parties believe are at play,” said Lawrence Levy, executive dean of the National Center for Suburban Studies at Hofstra University on Long Island.Democrats lost in all four of Long Island’s congressional districts last year and have dedicated significant resources to the region for 2024. Republicans, bolstering campaigns with a focus on local issues such as crime and migrants, are aiming to hold on to the seats next year.In the city meanwhile, Salaam’s candidacy is a reminder of what the war on crime can look like when it goes too far.Salaam was just 15 years old when he was arrested along with Antron McCray, Kevin Richardson, Raymond Santana and Korey Wise and accused of attacking a woman running in Central Park.The crime dominated headlines in the city, inflaming racial tensions as police rounded up Black and Latino men and boys for interrogation. Former president Donald Trump, then just a brash real estate executive in the city, took out large ads in newspapers that implored New York to bring back the death penalty.The teens convicted in the attack served between five and 12 years in prison before the case was re-examined.skip past newsletter promotionafter newsletter promotionA serial rapist and murderer was eventually linked to the crime through DNA evidence and a confession. The convictions of the Central Park Five were vacated in 2002 and they received a combined $41m settlement from the city.Salaam campaigned on easing poverty and combatting gentrification in Harlem. He often mentioned his conviction and imprisonment on the trail – his place as a symbol of injustice helping to animate the overwhelmingly Black district and propel him to victory.“I am really the ambassador for everyone’s pain,” he said. “In many ways, I went through that for our people so I can now lead them.”In a more competitive city council race on Tuesday, the Democrat Justin Brannan faces off against Republican Ari Kagan in an ethnically diverse south Brooklyn district. The race has become heated as the candidates neared election day, with the pair sparring over the Israel-Hamas war and New York’s migrant crisis.In a slight that symbolized the tension between the two men, Brannan recently tweeted a photo of a ribbon-cutting ceremony that he and Kagan attended, but the image had Kagan’s face blurred out.Statewide, New Yorkers will be voting on two ballot measures. One would remove the debt limit placed on small city school districts under the state constitution. The second would extend an exclusion from the debt limit for sewage projects. More

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      Speeches and grandstanding: Trump scores few if any legal points in court

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      When Donald Trump took the witness stand Monday morning, he started what might turn out to be his most expensive rally ever.This was supposed to be his chance to give his side of the case in a $250m fraud trial that threatens to end his business career in New York state. On the stand, Trump mentioned crime in New York City and “election interference” as if he were in front of a crowd.“Many people are leaving New York… you have the attorney general sitting here all day long, it’s a shame what’s going on,” Trump said. “We have a hostile judge, and it’s sad.”The former president’s appearance on the witness stand would feel familiar to anyone who’s ever seen a glimpse of Trump’s rallies. Outside a huge line of reporters waited to get in. Banks of TV cameras parked outside the venue. Protesters shouted. The trial judge is the sole decider of this case and the fine that is at stake. But when Trump comes to town, the circus follows.Even his testimony was reminiscent of his rallies. His statements about his real estate company were wistful, boastful and bizarre. “If I want to build something, I built a very big ballroom, a big ballroom that was built by me, it was very large, very beautiful,” Trump said when talking about using the value of Mar-a-Lago. Talking about his Scottish golf club, he promised: “At some point, at a very old age, I’ll do the most beautiful thing you’ll ever see,” he didn’t reveal what.But these pastoral passages were short-lived and overshadowed by an anger, seemingly uncontrolled at times on the stand, that was hot and furious. And the audience – at least the one that matters in the court – was having none of it.At multiple points during Trump’s testimony, Judge Arthur Engoron interrupted the former president for making “speeches” on the stand, instead of answering the prosecutor’s questions.The usually affable judge has tired of Trump and his lawyers’ grandstanding.“Did you ask for an essay on brand value?” Engoron asked the prosecutor after Trump started speaking at length about how his brand value upped the worth of his properties.Within an hour of Trump being on the stand, Engoron appeared to grow more impatient with Trump’s rambling.“I beseech you to control him or I will,” Engoron told Trump’s lawyers after Trump said “all you have to do is look at a picture of a building” to understand its value.Trump’s lawyers often stood up quickly to come to Trump’s defense, saying that he was delivering “brilliant answers” and referring to him as the “former and assumed-to-be chief executive of the United States”. When Trump’s lawyer Christopher Kise told the judge that he should hear what Trump should have to say, Engoron snapped.“No, I’m not here and these people are not here, the office of the attorney general is not here to hear him. We’re here to hear him answer the questions,” Engoron said as Trump shook his head. When Trump’s lawyers protested the judge’s comment, he sternly told them to “sit down”.Trump scored few if any legal points in the court. He often returned to the same lines of arguments, lines that the judge has rejected or questioned. He argued that the financial documents were past the statute of limitations or that he had enough cash to make lenders happy. His favorite argument seemed to be that his financial disclosures contain a disclaimer or “worthless” clause that means the banks never relied upon them.Engoron has already called that argument worthless and at one point, implored Trump to read his pre-trial ruling, where he ruled the disclosures “do not insulate defendants from liability”.skip past newsletter promotionafter newsletter promotion“If you want to read about the disclaimer clause, read my opinion,” Engoron told Trump.Before lunch, it looked like an exasperated Engoron was so fed up of Trump’s non-answers he would throw Trump out of the courtroom. Even Trump seemed – briefly – chastened. Asked how it was going during the break, he motioned zipping his mouth shut.That didn’t last long.“The fraud is on behalf of the court,” a furious Trump barked after lunch, turning red, hands waving back and forth in front of the witness stand. He pointed to Engoron sitting next to him and, later, to New York attorney general Letitia James. “He’s the one that didn’t value the property correctly. … It’s a terrible thing you’ve done, you believed the political hack back there and that’s unfortunate.”A pause settled over the courtroom. Prosecutor Kevin Wallace looked up at Trump. “You done?” he asked the former president.“Done,” Trump responded.The trial continues. More

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      Paperboy Prince, the pro-love presidential candidate: ‘Mickey Mouse has more soul than my rivals’

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      At least 15 other people are running for president in 2024, but none of them look like Brooklyn’s Paperboy Love Prince. When the artist, rapper and non-binary activist filed to run in the New Hampshire primary last month, they showed up wearing a voluminous brocade jacket, gold pantaloons and MSCHF’s Big Red Boots, Super Mario-esque shoes made by the designers behind Lil Nas X’s Satan sneakers.They looked like a cartoon character. It’s all part of the act.“The folks who are in office have been in there more than many kings, queens and monarchs,” Paperboy says. “At that point, they become so out-of-touch with what it’s like to be an everyday American. My focus now is to highlight that by not blending in with them.”Blending in has never been an issue for Paperboy. They achieved local recognition during a 2021 New York mayoral run with a platform that included canceling rent, abolishing the police and legalizing psychedelics. Paperboy Prince is also a rapper, releasing topical songs such as Futuristic Schools, a rallying cry to improve public education. (Sample lyrics: “We need to raise the IQ of our nation / See the future of schools like That’s So Raven”).Working out of their Love Gallery, a community space in Brooklyn’s rapidly gentrifying Bushwick neighborhood, Paperboy sells merch, distributes food, clothing and books, and holds a 24/7 Twitch live stream. Outside sits the Love Bus, painted pink, green and rainbow cheetah print; during an impromptu photoshoot Paperboy jumps on top and starts waving to drivers passing by.Love is all around Paperboy, who has made it the center of their campaign. “I’m fighting for centering this country around love, putting it first, being anti-war, and pro-love, and creating love centers around the country,” they say. Think of these as town halls where people can gather, meet friends, learn new skills, or, in Paperboy’s words, “create a love connection”.Running against candidates who espouse racist and transphobic rhetoric only validates Paperboy’s campaign of compassion, they say. “If you’re going to choose love, confidently choose love, because the people who are choosing hate right now are confidently choosing hate.”Paperboy does not give their age – they believe reporters place too much focus on it. Ask where they’re from, and they’ll say “the African side of the moon”. They don’t like to claim heritage in any one place. “That’s what gets us to start separating ourselves from other people,” they explain. “I’m all about bringing us together.”Paperboy was born on Earth, though, growing up between New York and Maryland, with a Pentecostal bishop grandfather and equally devout parents. Paperboy counts their father as one of their biggest inspirations, alongside Kid Cudi and Bob Marley. (During an interview, Paperboy blasted the reggae icon’s music from a nearby speaker.)“When I was a kid, I watched my dad working with people who were homeless, or unhoused, or incarcerated, along with mothers and students,” they say. “He created programs for the youth, using whatever resources he had, to better the lives of people around him. That’s what inspires me to do the same.”Paperboy got into politics through rapping, taking an interest in Andrew Yang’s presidential campaign and promise of universal basic income.They were also fed up with parking tickets: while working as a TaskRabbit, Paperboy got so many parking tickets (“like, $1,000 worth”) that traffic cops booted their car. They needed their car for work and called their local representative for help getting it back. They didn’t hear back.“I realized [politicians] don’t actually care about us,” Paperboy said. “There’s not enough compassion, so I decided to run on love.” Paperboy likes to campaign outside New York City’s department of finance, where people go to pay parking tickets. “It’s still one of my biggest areas for recruitment into my campaign,” they said.As someone who wears a Game Boy around their neck and who advocates for building underwater cities and mandating recess for all, Paperboy’s used to getting treated like a joke by mainstream politicians.They’ve made friends with Vermin Supreme, a longtime satirical candidate in New Hampshire primaries, known for wearing a boot as a hat and promising a free pony for every American. But Paperboy’s dead serious about their platform and feels their antics bring attention to the ridiculous nature of modern politics.“Right now, the folks who are running for president are basically the mouthpieces for major corporations that have bought out political parties,” they said. “These people are way less genuine than any character; Mickey Mouse has more soul than these folks. So, yeah, I’m a character, but I’m the character that’s here to wake people up.” More

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      Kevin Phillips obituary

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      ‘The whole secret of politics is knowing who hates who,” Kevin Phillips told the journalist Garry Wills during the 1968 US presidential campaign.Phillips, who has died aged 82, was the political analyst behind Richard Nixon’s “southern strategy”, aimed at exploiting racial tensions to draw to the Republican side the more conservative voters in the south, where the Democrats had dominated since the American civil war primarily because Abraham Lincoln had been a Republican.Although both he and Nixon later played down his direct influence, Phillips’ keen perception of the changing antipathies of the American electorate, detailed in his 1969 book The Emerging Republican Majority, lay at the heart of Nixon’s victory.Phillips’s analysis was not limited to the south. He realised that traditional working-class Democrats were becoming alienated not just by the party’s embrace of civil rights, but were also sympathetic to conservative positions against the Vietnam war, protest, federal spending and the 1960s “cultural revolution”.Though he predicted their drift rightward to the Republicans, he could not foresee the long-term effect of this political tsunami, stoked by culture wars, and he eventually disavowed the division his work had sowed, becoming, by the George W Bush presidency, a leading voice of apostate Republicanism.Phillips’ analysis echoed a century of US political history. After John F Kennedy’s assassination, Lyndon Johnson pushed the Civil Rights Act (1964) and Voting Rights Act (1965) through Congress. Johnson was a master of political compromise, but when he signed the latter bill, he supposedly told an aide, “there goes the south”.The so-called “solid south” always voted Democrat, but these naturally conservative “Dixiecrats” were at odds with the rest of their party, which primarily represented working people in the north.Similarly, the Republicans were traditionally a party of big business, led by industrial magnates whose sense of noblesse oblige rendered them relatively liberal on social issues. But they also harboured a fierce right wing committed to undoing Franklin Roosevelt’s New Deal and opposed to any hint of government regulation.These factional divisions facilitated legislative compromise, but Johnson’s prediction soon proved true, as Dixiecrats deserted to the Republicans. Starting with Nixon’s re-election in 1972, Republicans swept the south five times in nine presidential elections, stymied only by the southerners Jimmy Carter and Bill Clinton.Phillips was born in New York City, where his father, William, was chairman of the New York State Liquor Authority, and his mother, Dorothy (nee Price), was a homemaker. He graduated from Bronx high school of science at 16, by which time he had already begun studying the political makeup of his city, discerning an antagonism towards the black and Hispanic community by the white working-class children of an older generation of immigrants.Already a loyal Republican, after graduation he headed the Bronx’s youth committee supporting the re-election of Dwight D Eisenhower. He earned his BA in political science from Colgate University in 1961, having spent a year at Edinburgh University studying economic history, and took a law degree from Harvard in 1964.His political career began as an aide to the Republican congressman Paul Fino, from the Bronx, where he realised that despite Fino’s relatively liberal domestic positions Republicans could not depend on minority voters.Phillips lent his prodigious research into the breakdown of the nation’s congressional districts to the Nixon campaign, and after the election he became a special assistant to the attorney general John Mitchell, Nixon’s campaign manager, who would be jailed in the fallout from the Watergate scandal.He left Mitchell in 1970, becoming a commentator, with a syndicated newspaper column, his own newsletter and regular appearances as a broadcasting pundit. Phillips later traced Republican failures back to Watergate, although ironically it was his tip to the Nixon aide Jeb Magruder about the damaging information that might be in the Democratic party chairman Larry O’Brien’s Watergate office that precipitated the fatal burglary.Phillips coined the terms “sun belt” for the fast-growing areas of the southern and south-western states, and “new right” to distinguish the populist politics of Ronald Reagan from those of “elitists” such as Nelson Rockefeller. But as the white working-class shrank, along with its jobs, the politics of resentment grew more divisive. Dog-whistles to racists, from Reagan’s “welfare queens” to George HW Bush’s Willie Horton ads portraying a black murderer, culminated in the 1994 “Republican revolution” which captured Congress and proceeded to shut down the government.What Phillips had not foreseen was the impossibility of political compromise now that all the different reactionaries were in the same Republican boat. Watching the growing economic inequality which sprang from the Reagan years, he began to have second thoughts. His belief in his party as a stable, serious preserver of the status quo began to fall apart.Starting with Wealth and Democracy (2002), Phillips produced a series of books excoriating what he saw as George W Bush’s plutocratic revolution, recalling the robber barons of the 19th-century Gilded Age. He warned of an instinct toward authoritarianism under the guise of fighting so-called liberal permissiveness.Phillips castigated the Bushes further in American Dynasty (2004) for aiding already rich investors, especially in the sun belt’s energy and defence industries, at the whim of the Pentagon and CIA. American Theocracy (2006) recognised the growing influence of fundamentalist Christians in the Republican party, a dystopian vision of ideological extremism mixed with greed-driven fiscal irresponsibility.His 2008 book Bad Money focused on what he called “bad capitalism”, relying on financial services instead of industrial production. After the 2008 financial crash, he wrote a sequel, After The Fall (2009). By now he was a regular in such centrist outlets as National Public Radio or the Atlantic, where he found himself explaining how his analysis of the changing American electorate led, with some inevitability, to the polarised society that elected the authoritarian Donald Trump.Among his 15 books, Phillips also produced a biography of the US president William McKinley (2003) and 1775: A Good Year for Revolution (2012), about the circumstances which precipitated that war.He is survived by his wife, Martha (nee Henderson), whom he married in 1968, and their three children, Betsy, Andrew and Alec. More

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      Trump trial nears end as prosecutors confident he ‘didn’t have the goods’

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      “You can’t con people – at least not for long,” Donald Trump observed in his 1987 bestseller The Art of the Deal. “You can create excitement, you can do wonderful promotion and get all kinds of press, and you can throw in a little hyperbole. But if you don’t deliver the goods, people will eventually catch on.”The former president spent decades trying to create excitement with wonderful levels of promotion, getting all kinds of press, and throwing in more than a little hyperbole. But did he have the goods?This is the central question Justice Arthur Engoron, of the state supreme court in Manhattan, has been considering over the last five weeks. On Monday, the fraud trial enters its final, fateful leg. Trump himself will take the stand. The stakes are high. Although Trump will not go to jail, regardless of the outcome, because this is a civil case, he is fighting for the future of his corporate empire.The case against Trump, although inextricably linked to his political rise, is focused on his business dealings. Hundreds of millions of dollars are at stake as the ex-real estate tycoon prepares to take the stand.Letitia James, the New York attorney general, has accused Trump and key members of his inner circle at the Trump Organization of fraudulently inflating his wealth to secure better loans from banks. She asked for $250m and the cancellation of Trump’s business licenses in New York, a move that would end the Trumps’ ability to run businesses in the state.This is not a jury trial, and Engoron has already made up his mind on the foundation of the case, finding Trump and his adult sons guilty of financial fraud before the trial started. Should an appellate court uphold this ruling, Trump will essentially lose the ability to operate his business in New York – and control of properties including Trump Tower in midtown Manhattan, from whose golden staircase Trump launched his successful presidential campaign.“The judge has already found fraud,” said Jed Handelsman Shugerman, professor of law at Boston University. “The question is the extent of the liability and the remedy. It seems like it’s going in a direction that will be a very serious liability and very serious remedy.”The court’s attention turned this week to his eldest sons. This is a family business, after all, officially run by Donald Jr and Eric since their father assumed the presidency.Both brothers sought to distance themselves from the alleged fraud, insisting it was up to others to ensure financial records were correct. “For purposes of accounting, I relied upon the accountants,” Don Jr, executive vice-president of the Trump Organization, said. “I never had anything to do with the statements of financial condition,” Eric, also executive vice-president at the company, added hours later.Their sister, Ivanka, is also scheduled to be questioned on Wednesday. Unlike Don Jr and Eric, she is not a named defendant in the case. While her lawyers argued she should not have to testify, this request was denied by an appeals court.While the family appearances are grabbing all the headlines, Engoron might ultimately be more interested in testimony that could help gauge the liability of the alleged fraud. On Wednesday Michiel McCarty, chair and CEO of the investment bank MM Dillon & Co, said the inflation of Trump’s wealth allowed the Trump Organization to secure better rates for loans. He calculated that banks lost more than $168m in interest payments as a result.The media spotlight on this trial has been brightest when high-profile witnesses – from Michael Cohen, Trump’s former fixer turned foe, to the former president himself next week – take the stand. But at the heart of the action sit stacks of emails, contracts and financial statements. “There’s enough evidence in this case to fill this courtroom,” Engoron remarked last month, as he rejected another bid by Trump’s lawyers to obtain an early verdict.Gregory Germain, professor of law at Syracuse University, said prosecutors must demonstrate that Trump was “unjustly enriched” by falsified financial statements. “In order to do that, the attorney general needs to show that somebody took these statements at face value, believed they were true, and made loans at lower interest rates that they would have, or priced an insurance policy at a lower price – something to show they were harmed by this, and he was enriched.”This element was “completely missing in the earlier stages of the case”, Germain added.Trump is set to be grilled over allegations that documents fraudulently magnified the value of his assets. Earlier in the trial, for example, prosecutors noted that his Trump Tower apartment was once listed as 30,000 sq ft and worth $327m, despite other paperwork – including one document signed by the former president in 1994 – reporting that the apartment was actually under 11,000 sq ft.Commentators expect Trump, like his sons, to try and distance himself from the accounting. But he is likely to be asked by prosecutors about allegations that he directly, if not explicitly, instructed executives to inflate his net worth.Cohen, his former personal attorney, testified that Trump would scrutinize the value of his assets and declare, “I’m actually not worth $4.5bn, I’m really worth more like 6,” before sending senior executives away. They would return to him “after we achieved the desired goal,” according to Cohen.A current Trump Organization employee, Patrick Birney, testified that the chief financial officer Allen Weisselberg informed him between 2017 and 2019 that Trump – by this point in the White House – wanted his net worth to go up.Since Engoron’s pre-trial ruling, Trump has argued he is worth “much more” than what is shown in his financial statements, which don’t include what he describes as his “most valuable” asset: his brand. The Trump Organization has been “slandered and maligned”, he has complained, denying his fortune was exaggerated.The former real estate mogul will attempt in the coming days to make the case that his empire was accurately valued. Even after Engoron ruled otherwise, Trump insists no one lost out as a result.Prosecutors are confident they are on the cusp of bringing Trump to justice. They believe – to paraphrase the defendant’s observation some four decades ago – that he didn’t have the goods, and they’re catching on. On Monday we may see who really has the goods. More

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      Trump family on trial: five takeaways from a week in the New York fraud case

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      The fifth week of the New York fraud trial of Donald Trump ended smack in the middle of a family affair and with another gag order for the combative Trump team.Trump’s elder sons, Donald Trump Jr and Eric Trump, took the witness stand in New York this week and testified they had little knowledge about the financial statements at the center of the case. Next week, Donald Trump is expected to take the stand on Monday, followed by daughter Ivanka Trump on Wednesday.The New York attorney general’s office has been building its case that Trump, his adult sons and executives at the Trump Organization knowingly inflated the value of assets to boost the former president’s net worth when brokering deals. Judge Arthur Engoron ruled before the trial started that documents prove the family had fudged financial statements to do this. The trial has been about whether Trump will have to pay a fine of at least $250m for committing fraud.It’s getting closer to the end. The attorney general’s office plans to rest its case against Trump after the family finishes testifying.Here are five things we learned from the trial’s fraught fifth week.The Trump family’s strategy: blame gameOver the three days that Donald Trump Jr and Eric Trump testified on the witness stand, both brothers pointed to the company’s accountants and lawyers as responsible for handling the financial statements at the center of the case.This is despite multiple emails and signed documents that show the brothers, who serve as top executives of their father’s company, were consulted by employees preparing the statements and brokered deals in which the statements were used to confirm Trump’s net worth.Trump Jr said that they relied on the accountants Mazars to include accurate information in the statements, as they were “intimately involved” with the company’s finances.“Mazars for 30 years was involved in every transaction, every LLC. They would have been a key point in anything that was related to accounting,” Trump Jr said.It’s worth noting that Mazars USA dropped the Trump Organization as a client in 2022, and a representative from the firm, Donald Bender, who had worked closely with the Trump Organization, said earlier in the trial that he relied on the Trump Organization to give him accurate information.Later that day, when Eric Trump took the stand, he similarly insisted that the company’s accountants and lawyers were in charge of the financial statements.“I never had anything to do with the statements of financial condition,” Eric Trump said.Prosecutors questioned Eric Trump about an appraisal for the Trump Organization by the real estate firm Cushman & Wakefield for a conservation easement, or a type of tax break. Eric Trump said he had no recollection of the appraisal, though emails shown in court showed multiple meetings and emails he had had with the appraiser at the time in 2014.“I really hadn’t been involved in the appraisal of the property,” Eric Trump said on the stand, appearing to grow frustrated. “You pointed out four interactions … I don’t recall McArdle [the appraiser] at all. I don’t think I was the main person involved.“I don’t focus on appraisals, that’s not the focus of my day,” Eric Trump followed up, speaking quickly, saying that he was focused on construction and physical development of properties.Trump’s elder sons signed multiple documents saying the company was giving fair and accurate information in its financial statementsBoth of Trump’s adult sons denied ever working on the statements of financial condition. Eric Trump went so far as to imply that he only ever learned about the statement when the attorney general opened the case against the family. But multiple documents show both brothers signed off on deals that involved the use of the financial statements to confirm their father’s net worth.Trump gave his sons power of attorney, meaning they could sign documents on his behalf, including bank certifications affirming the use of statements of financial conditions to verify Trump’s net worth and assets.Responding to these certifications, Trump Jr said that he would have “signed a dozen of them during his time at the company”. When asked whether he signed the certifications with the intention that the banks would rely on the financial statements, Trump Jr said that he could not speak to the intent of the banks.“I know a lot of bankers that do their own due diligence,” he said.The next day, when a similar bank certification was pulled up for Eric Trump, he responded: “I don’t choose what the bank relies on” but said that he believed the statements were “absolutely accurate”.skip past newsletter promotionafter newsletter promotionThe paper trail is thicker for Eric Trump, but …Eric Trump got the brunt of questioning when it came to his knowledge of financial statements in the company. Multiple email correspondences suggested he had been consulted for the statement over the years.Multiple emails came from the former Trump Organization controller Jeff McConney, who wrote two separate emails to Eric Trump, one in 2013 and another in 2017, that started with: “Hi Eric, I’m working on your dad’s financial statement … ”.McConney would go on to note in a spreadsheet of supporting data for the financial statement that he had talked to Eric Trump over the phone to discuss the figures for the Seven Springs estate in Westchester, New York.“Having reviewed the emails we’ve been discussing over the course of the last hour, will you now concede that you were very familiar with [the financial statements]?” prosecutor Andrew Amer asked Eric Trump.“No, I was not very familiar with my father’s financial statement,” Eric Trump said.In another exchange with the prosecutor on correspondence over a North Carolina golf club, where Eric was consulted to affirm the family’s net worth for the deal, he said: “I do not recall ever working on my father’s statement of financial condition.”“People in the company have conversations with you all the time, and you provide them with answers when you can,” he said.Donald Trump Jr was also presented with emails from accountants that cited multiple discussions with Trump trustees, including Trump Jr, over the years that accountants used to confirm no changes to Trump’s net worth. Trump Jr replied that he had “no recollection” of the meetings.Trump Organization lenders lost out on an estimated $168m because of fudged financial statementsThe attorney general’s office brought in an expert witness, Michiel McCarty, the chief executive of an investment bank, to testify about the losses lenders unwittingly accrued when making deals with the Trump Organization because it had inflated the value of its assets.McCarty explained that if lenders had been given accurate valuations for the assets, they could have charged the Trump Organization higher interest rates. McCarty calculated the lost interest for loans given for four properties in the case at $168,040,168.Patience is wearing thin in the courtroomIn the middle of Eric Trump’s testimony, as prosecutors were pointing out that Trump invoked the fifth amendment against self-incrimination 500 times during his deposition for the case in 2022, Trump lawyers stood up to object. The objection soon boiled into a heated argument between Trump lawyer Christopher Kise and the judge, Arthur Engoron, over bias in the case. Kise made a passing comment about Engoron’s law clerk, whom Trump has attacked on social media, for her role in the trial, specifically that she passes notes to him during the proceedings.“I have an absolute right to get advice from my principal law clerk,” Engoron said, at one point pounding his fist on the bench. Engoron said that the continued references to his law clerk could be taken as stemming from misogyny. A defensive Kise said that they were “not misogynistic. I have a 17-year-old daughter.”The next day, when the issue was brought up again, Kise gave a speech on “perception of bias in the case” for “the record”. At some point, prosecutor Kevin Wallace stepped in to say that the defense team had been making similar claims for “weeks” and that they should file a motion instead of “continuing to interrupt the trial”. Engoron would ultimately expand a gag order, originally for just Trump, to his entire defense team prohibiting them from referring to “confidential communications” between him and his clerk.He also revealed his chambers had been “inundated with hundreds of harassing and threatening phone calls, voicemails, emails, letters and packages” since the trial began. More

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      What’s Left Unsaid review: Andrew Cuomo and the case for his defense

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      Andrew Cuomo resigned as governor of New York in August 2021, amid a blizzard of sexual harassment allegations. None were prosecuted. Against this backdrop, he smolders. Once a giant figure in the Democratic ranks, he is out of a job. He “died as he lived”, Lis Smith, a former adviser, wrote in Any Given Tuesday, her memoir published last year. Cuomo had “zero regard for the people around him and the impact his actions would have on them”.Enter Melissa DeRosa with What’s Left Unsaid, a full-throated defense of her own former boss. On the page and while promoting her book, Cuomo’s chief adviser and most senior aide generally wields a sledgehammer. Except when she doesn’t.“I don’t want to comment on Lis’s book,” De Rosa said, when asked by Vanity Fair. “We all lived through this in our own ways. We all had to cope with the fallout of it.”Subtitled My Life at the Center of Power, Politics and Crisis, DeRosa’s memoir is pocked with scenes of a marriage gone south, of trying to cope with Covid-19 and of general governmental strife. She punches hard. Her anger is white hot. Her book is deliberate and focused.She slams Cuomo’s accusers. Letitia James, the New York attorney general, and Kathy Hochul, Cuomo’s successor as governor, get it in the neck. Aides to James had sexual harassment-related problems of their own, DeRosa charges. She also calls out CNN and the New York Times for their own alleged deficits on that score.DeRosa has connections. She interned in Hillary Clinton’s office, when Clinton was a New York senator. She thanks Clinton for helping put steel in her spine. She gives a shoutout to Huma Abedin, Clinton’s close aide. DeRosa led New York operations for Barack Obama’s political action committee. She rose through the ranks of state government and Cuomo’s office. She charges Hochul with administrative and political ineptitude, echoing criticism, leveled by Nancy Pelosi, that Hochul cost the Democrats control of the US House by screwing up the New York redistricting process, handing Republicans seats.“The governor didn’t realize soon enough where the trouble was,” Pelosi told Maureen Dowd of the New York Times. But here, DeRosa can be myopic. According to Bill de Blasio, the former New York mayor, Cuomo was also at fault in the process that most observers say facilitated Republican gains. If a mere 89 more New Yorkers had been counted, the size of the state’s congressional delegation would have suffered no loss in size.“For God’s sake, if the state had invested in the census, could you have found 89 more people to count? Sure, easily,” De Blasio has said. “This was a lost opportunity by the state government to get the count right.”DeRosa acknowledges tensions between mayor and governor but takes De Blasio to task for his embrace of leftwing politics.“That meant staking out a position that actively opposed police presence,” she writes, blaming De Blasio for problems related to crime. She also calls him out for sidling up to Alexandria Ocasio-Cortez, the progressive star in Congress, and mocks his presidential run to nowhere.DeRosa also deals with the fractious relationship between Cuomo and the White House of Donald Trump, for so long a New York fixture and a former client of the Cuomo family law firm, Blutrich, Falcone & Miller.In 2020, under Covid, New York lockdown policy put it at odds with the administration.“We’ve done polling, and you guys are in the wrong place on this,” a “smug” Jared Kushner is quoted as telling DeRosa, saying New York was out of sync with Pennsylvania, Michigan, Ohio and Florida.“We were in the middle of a pandemic, one that had already killed tens of thousands of people, and I was talking with President Trump’s top adviser … about polling in swing states,” DeRosa writes.In fall 2021, Ron DeSantis actively discouraged vaccination. The grim reaper had a field day on the governor’s front lawn. Florida came to surpass New York in fatalities, in absolute and relative numbers. According to the Lancet, Florida’s unadjusted death rate (per 100,000) was 416, for New York 384.skip past newsletter promotionafter newsletter promotionDeRosa also attacks Trump for reneging on federal assistance to infrastructure projects. Why? Cuomo publicly criticized Trump. To quote DeRosa, “the president of the United States had lost his mind over four sentences in a convention speech.”Yet Cuomo has more in common with Trump than DeRosa acknowledges. It went beyond being “two tough guys from Queens, raised by larger-than-life fathers”, as the author puts it. Confronted with pushback over his decision in 2014 to disband an anti-corruption commission which he himself appointed, Cuomo bellowed: “It’s my commission. I can appoint it, I can disband it. I appoint you, I can un-appoint.”L’état, c’est moi.DeRosa pays tribute to family. In summer 2021, as Cuomo was brought crashing down, she repaired to her sister’s in-law’s place on Cape Cod, away from prying eyes.She also deals with friends – some of them now former. Elise Stefanik, the New York Republican congresswoman who become a top Trump toady, was a buddy and classmate. DeRosa “knew her as ‘Little Elise’”. Stefanik landed at Harvard, DeRosa at Cornell. DeRosa reports a heated discussion over same-sex marriage that left Stefanik shaken. DeRosa compared her to a segregationist.The fact that Stefanik called for Cuomo and his senior staff to resign probably triggered this trip down memory lane. Left unmentioned: Stefanik was one of 39 Republicans, and the sole member of House GOP leadership, to vote in favor of federal protection for same-sex and interracial marriage.Promoting her book, DeRosa was asked by Vanity Fair about Cuomo, karma and payback. She said: “I don’t like to think that we live in a world where the answer is, ‘Well, you got it because you deserved it.’”Vanity Fair’s headline? “Melissa DeRosa Isn’t Done Defending Andrew Cuomo”. She and her boss are not about to disappear.
      What’s Left Unsaid is published in the US by Sterling Publishing More