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    Trump’s legal woes pick up speed as Republican 2024 race heats up

    As Donald Trump runs again for the White House, he’s dogged by four criminal investigations that have gained momentum, including two focused on Trump’s zealous drive to overturn his 2020 election loss, raising the odds he will face charges in one or more inquiries in coming weeks or months, say former federal prosecutors.All four inquiries have accelerated in recent months with numerous subpoenas to close Trump associates and testimony by key witnesses before grand juries in Washington DC, Georgia and New York, that pose growing legal threats to Trump, plus several of his ex-lawyers and allies.Two investigations are homing in on Trump’s nonstop efforts to thwart his 2020 election loss with bogus fraud charges, while others are looking into Trump’s retention of hundreds of classified documents post his presidency, and Trump’s role in a $130,000 hush money payment in 2016 to porn star Stormy Daniels with whom he allegedly had an affair.An indictment of Trump in the Daniels hush money case could even come within days. Trump’s fears over the issue even prompted him to post on social media about being arrested this week in New York, triggering a flood of Republicans to issue statements of support despite Trump calling for protests against any such move.The four inquiries have been examining separately whether Trump violated several laws including obstruction of an official proceeding and defrauding the United States by his actions to overturn the 2020 election, and breaking other statutes.The multiple investigations of Trump, two of which are being led by justice department special counsel Jack Smith, are unparalleled for an ex president – especially as he seeks the White House again, say ex-prosecutors.“It seems quite possible, or even likely, that Trump will be defending himself in four different criminal cases as he is campaigning for president in 2024,” said Barbara McQuade, former US attorney for eastern Michigan. “Making court appearances in New York, Georgia, Florida and Washington DC while also maintaining a campaign schedule may prove to be a daunting task.”McQuade added: “Trump, no doubt, will use criminal charges as a fundraising tool and as a way to portray himself as the eternal victim. On some level, he may relish the spectacle of it all, but it seems likely that accountability is headed his way.”Other ex-prosecutors say Trump’s legal travails are unique for a presidential candidate.“The sheer number and diversity of criminal investigations of Trump’s conduct are totally unprecedented for a major candidate in modern times,” said Dan Richman, a Columbia University law professor and ex-prosecutor in New York southern district.The criminal inquiry by the Fulton county district attorney, Fani Willis, into Trump’s efforts to reverse his 2020 defeat in Georgia with his high-pressure call to the secretary of state, Brad Raffensperger, on 2 January 2021 asking him to “find 11,780 votes”, and other calls, is expected to bring charges against him and some close allies in coming months, say ex-prosecutors.In late January, Willis said a special grand jury had completed a seven-month inquiry involving interviews with 75 witnesses in her investigation which reportedly had at least 17 targets, including Trump and his former personal lawyer Rudy Giuliani.A number of indictments have reportedly been recommended by the special grand jury, and Willis has said a decision is “imminent” about convening a regular grand jury that Georgia law requires before she brings any charges.Separately, Smith’s inquiry into Trump’s drive to thwart Joe Biden’s election seems to be in its late stages, in light of subpoenas this year to former vice-president Mike Pence and Trump’s former chief of staff Mark Meadows, both potentially key witnesses to Trump’s drive to block Biden from taking office. Ex-prosecutors say Meadows is a subject of the investigation.Those subpoenas “show that the January 6 investigation is serious and narrowing,” said Paul Pelletier, former acting chief of the justice department’s fraud section.Smith has secured grand jury testimony from other key figures including Pence’s former top aide Marc Short and his former chief counsel Greg Jacob, plus former White House counsel Pat Cipollone as part of his inquiry into whether Trump’s actions before and during 6 January 2021 violated an official proceeding and defrauded the government.On another legal front, Smith has also been leading a wide ranging inquiry into Trump’s retention of hundreds of classified documents at Mar a Lago after he left the White House, a potential violation of three laws – the Presidential Records Act, obstruction and the Espionage Act.Meanwhile, a grand jury convened by the Manhattan district attorney, Alvin Bragg, to look into Trump’s alleged arranging hush money payments of $130,000 via his ex-lawyer Michael Cohen to Daniels in 2016, heard testimony from Cohen this week.Last week, Trump declined an invitation by the DA’s office to testify, a sign reportedly that he could soon be indicted.Trump has blasted all the investigations as politically motivated and said he’s done nothing illegal, decrying Smith’s appointment as “part of a never ending witch-hunt”.But ex-prosecutors see huge legal headaches ahead for Trump, and probable charges at least in the Georgia invsstigation.“With the Manhattan DA now presenting evidence to a grand jury, Trump now faces four credible criminal investigations – unprecedented for the most hardened criminals, never mind a former president who is seeking to enter the White House again,” Pelletier said.“Of all the investigations, Georgia appears likely to bring the most serious charges imminently against Trump. The Mar-a-Lago document investigation has picked up speed, but, frustratingly, appears to be on a more cautious and deliberate track.”Other former federal prosecutors see strong signs that in Georgia charges against Trump, and some of his top lawyers and allies are coming.“There is little doubt that a number of indictments are on the horizon in Georgia. My sense is that the Fulton county DA is putting the final touches on bringing Rico [racketeering] charges involving Trump and others” said former US attorney Michael Moore, of Georgia.“Trump will surely be the main player, and I expect to see some well-known names in upcoming indictments,” adding that Trump, as well as Meadows and Giuliani “are likely to each see more of the inside of a courtroom than any of them might like”.Trump has dubbed his call to Raffensperger as “perfect”.Moore noted: “There will be an unavoidable overlap of efforts by the Fulton DA and the special counsel. The efforts to overturn the 2020 election had both state and federal implications even while dealing with the same facts.“The ability of the special counsel to delve into conduct across many jurisdictions may prove especially useful when looking at the efforts to string together the fake electors schemes in multiple states,” referring to a scheme the justice department has focused on involving efforts by Giuliani and others to replace electors in key states Biden won with Trump electors.Other ex-prosecutors note significant overlap between the Georgia probe investigation and the special counsel’s, both of which threaten Trump, Giuliani, ex-Trump lawyer John Eastman and others.“While Trump’s calls to Secretary of State Brad Raffensperger and other Georgia state officials appear to be at the center of the Fulton county DA’s probe, that investigation likely extends to efforts by Trump’s legal team, including Rudy Giuliani, to convince Georgia legislators to overturn the election results,” said Richman.“Yet the legal team’s nationwide efforts by Giuliani, Eastman and others – encouraged by Trump to an extent that will need to be clarified – to present slates of phony electors to Congress and to otherwise disrupt the electoral certification also seems to be at the heart of one prong of Jack Smith’s federal investigation.”Not surprisingly, Trump’s legal expenses to fend off these investigations and other legal headaches involving personal and corporate matters have been hefty.According to federal records, Trump spent about $10m last year out of his political action committee to pay law firms representing him in the four criminal inquiries, plus cases involving the Trump Organization and lawsuits.Those costs will surely mount for Trump as the investigations ratchet up subpoenas of top former Trump allies to build their cases before grand juries, as Smith has been doing in the two inquiries he’s spearheading.“Prosecutors tend to conduct investigations in concentric circles, starting at the outer edges and then progressing ever inward with the target at the center,” McQuade said. “They want to arm themselves with as much information as possible when they question those who are closest to the target. Now that Smith is serving subpoenas on Meadows and Pence, it seems that he has entered the final circle of his investigation.”Little wonder that as Trump runs for the White House again, quite a few Republicans are feeling very edgy.“It does not bode well for the Republican party if Trump should be indicted and win the nomination,” said former Pennsylvania Republican congressman Charlie Dent. “The electoral outcome would be disastrous for the GOP. How much losing can we take?” More

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    Trump in panic mode as he braces for likely charges in Stormy Daniels case

    Donald Trump is bracing for his most legally perilous week since he left the White House, with the Manhattan district attorney likely to bring criminal charges against him over his role in paying hush money to adult film star Stormy Daniels, as he huddled this weekend to strategize his legal and political responses.The former US president has posted in all-caps on his Truth Social platform that he expected to be “ARRESTED ON TUESDAY OF NEXT WEEK” and called for his supporters to engage in protests – an ominous echo of his tweets urging protests in the lead-up to the January 6 US Capitol attack.Trump’s post was nothing more than guesswork about when Alvin Bragg might bring charges, sources close to Trump said, after he saw media reporting that the district attorney’s office had contacted the US secret service about security in the event of an indictment.The grand jury in New York hearing evidence in the resurrected 2016 hush money case is now expected to hear from one more witness on Monday, making it unlikely that an arrest would come the following day because it could take additional hours to draft charging papers.That witness is reportedly Robert J Costello who is appearing at the request of Trump’s legal team. Costello was once a legal adviser to Cohen but the two have since fallen out. Costello’s testimony is likely to be aimed at undermining Cohen’s.But the frenzied posts from Trump reflected his deep panic and anxiety over the imminence and likelihood of criminal charges, the sources said, not least because he is powerless to stop the district attorney’s office from moving forward with a case that will take the US into new legal territory as Trump revs up his 2024 campaign for the Republican presidential nomination.Trump and his allies have suggested in recent days that an indictment in the hush money case could benefit him politically – the Republican base might see the years-old case as a genuine “witch-hunt” as he has claimed – but it is also true that Trump himself is deeply fearful of criminal charges.Trump discussed the hush money case every day last week, and his advisers say they have run through various scenarios in the event of an indictment, including whether he would initially travel to New York for an arraignment, or appear remotely from his Mar-a-Lago resort.Trump has expressed interest in appearing in person at the Manhattan criminal court, where he believes he can turn proceedings into a spectacle before a gaggle of reporters, sources said, and raised the prospect on Saturday afternoon as he travelled to Oklahoma for an NCAA wrestling championship.But some members of his legal team have advised against making such an appearance in person, citing security issues among other concerns, and have suggested he allow them to negotiate an agreed-upon surrender date and a remote initial appearance when they are notified of charges.Trump’s legal team has separately focused on a defense strategy. The outside counsel – Joe Tacopina and Susan Necheles – have reasoned that a hush money case centered on campaign finance violations could be weak after a similar prosecution against Democratic senator John Edwards failed in 2012.If the indictment alleges the hush money violated campaign finance laws, the Trump lawyers are expected to argue that it fails the “irrespective test” – that Trump would have paid Daniels irrespective of the 2016 campaign to avoid the embarrassment because he was already a public figure.Trump may face an uphill struggle with those arguments, given the fact that having “mixed motives” to protect himself personally and to protect his campaign could leave him liable, and the timing of the payments suggests there was an urgency to pay the money before the end of the 2016 campaign.In response, the Trump legal team is expected to argue that because Daniels tried to sell her story about an affair with Trump in 2011, and she was told then to “leave Trump alone. Forget the story”, that proves her silence was desired long before Trump was running for president.Trump’s lawyers recently made these arguments to the district attorney’s office when Necheles went in to urge Bragg to drop the case, the Guardian previously reported. But all signs indicate that Bragg will move ahead with the case all the same in an unprecedented indictment of a former US president – and one seeking to return to the Oval Office.The investigation concerns $130,000 that Trump made to Daniels through his then lawyer Michael Cohen in the final days of the 2016 campaign. Trump later reimbursed Cohen with $35,000 checks using his personal funds, and Cohen pleaded guilty in 2018 to federal charges involving the hush money.The district attorney’s case is likely to focus on how Trump and the Trump Organization handled the reimbursements. According to court filings in the federal case, the Trump Organization falsely recorded the payments as legal expenses, referencing a legal retainer with Cohen that did not exist.The district attorney’s office has had at least seven top Trump aides and advisers testify before the grand jury in recent weeks, including Cohen, who testified for around two hours on Wednesday – his second appearance – and every juror was said to have asked a question, suggesting an engaged grand jury.That is a typical sign for prosecutors as they weigh potential charges, legal experts say, because it could indicate the grand jury found him to be a compelling witness – and a jury at an eventual trial might be similarly convinced. More

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    Manhattan DA warns of ‘attempts to intimidate’ after Trump calls for protest

    The Manhattan district attorney widely expected to bring an indictment against Donald Trump this week has vowed that his staff will not be intimidated after the former US president called for his supporters to protest any action against him.Trump triggered a flurry of frantic headlines and statements from his political allies on Saturday when he posted a message on social media claiming he was set to be arrested this Tuesday on charges of hush payments to adult actor Stormy Daniels.An indictment from the office of Alvin Bragg is widely expected this week but officials, and Trump’s lawyers, have clarified they have no certainty as to timing or what actually will happen in court.But Bragg sent an email to his office, obtained by Politico, that did not mention Trump by name but that did appear to address the case, including widespread security fears around lower Manhattan courts in the wake of any indictment.“As with all of our investigations, we will continue to apply the law evenly and fairly, and speak publicly only when appropriate,” Bragg wrote.He added: “We do not tolerate attempts to intimidate our office or threaten the rule of law in New York… Our law enforcement partners will ensure that any specific or credible threats against the office will be fully investigated and that the proper safeguards are in place so all 1,600 of us have a secure work environment.”On Saturday afternoon, Trump supporters gathered at his Mar-a-Lago home and country club in Florida to show their support. Trump later boarded a private jet to fly from Palm Beach to Tulsa, Oklahoma, to attend a college wrestling tournament.Trump made no mention of a criminal indictment and arrest at the Tulsa event. He appeared alongside Senator Markwayne Mullin, congratulated the wrestlers and posed for pictures with supporters, according to pictures published by Tulsa World.Trump and Mullin sat in a boxed-off area and stayed for all 10 matches, while Mullin, a former wrestler, explained the finer points of the sport. Trump talked with fans between matches, but reporters were kept away.Speaking before Trump’s arrival, Mullin appeared to compare the likely charges against Trump with unproven and largely discredited claims that former secretary of state Hilary Clinton, Trump’s 2016 opponent, committed criminal security breaches while she served in the Obama administration.“They’ve been after the president (Trump) since Day 1,” Mullin was reported to have remarked. “Everybody sees this for what it is. It’s not what this country is about. We had an opportunity to get after Hilary, … and we didn’t.”“The [Manhattan] district attorney needs to concentrate on putting bad guys in jail,” he added.It was Trump’s first public appearance since he said in a social media post that he would be arrested over the payments made to Daniels, a month before the 2016 presidential election. If any indictment is handed down, it is likely to claim the payments were an illegal use of campaign finances. Trump received a standing ovation in Tulsa and held up a defiant fist as he arrived at the wrestling event while fans cheered. Earlier on Saturday, Trump had urged his supporters to “protest, protest, protest” in comments made on his Truth Social platform.Insider has reported that the grand jury looking at the case may still listen to one further witness on Monday, raising the prospect of any indictment coming later in the week.Michael Cohen, the former Trump attorney and “fixer” who was sentenced to three years in federal prison after pleading guilty to tax evasion and campaign-finance violations, said that Trump’s comments signaled a desire for “another violent clash”.“It’s eerily similar to the battle cry that he put out just prior to the Jan 6 insurrection, you know, especially including the call, you know, for protest,” Cohen told MSNBC. Cohen added that “it would have been smart for Donald to write ‘peaceful protest’, but he doesn’t want a peaceful protest”.Cohen also theorized that Trump would see his arrest as a potential boost to his 2024 presidential campaign as he frequently has sought to portray himself as at the center of a political “witch hunt”. More

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    Stormy Daniels: Donald Trump legal team ‘pushes for end to hush money case’

    Donald Trump’s legal team recently urged the Manhattan district attorney’s office not to indict the former president over his role in paying hush money to a porn star, arguing that the payments would have been made irrespective of his 2016 presidential candidacy, sources familiar with the matter have said.The lawyer who represented the Trump team at the meeting with the district attorney’s office, Susan Necheles, also argued that campaign funds had not been used for the payments to the porn star, known as Stormy Daniels, and were therefore not a violation of campaign finance laws.The arguments presented to the district attorney’s office mark the most formal defense that the Trump team have raised to date, as they attempt to settle on a strategy to avoid conviction in the event that the former president is charged with a misdemeanour or felony over the payments.Trump may face an uphill struggle with those arguments, given the fact that having “mixed motives” to protect himself personally and to protect his campaign could leave him liable, and the timing of the payments suggests there was an urgency to pay the money before the end of the 2016 campaign.The effort to convince the district attorney, Alvin Bragg, not to bring charges may also prove futile amid increasing signals that an indictment is likely.On Wednesday, Trump’s former lawyer Michael Cohen testified for around two hours before the grand jury and told the Guardian that he provided the most complete account of the hush money scheme. He added that every juror asked a question, which suggested a particularly engaged grand jury.That is a typical sign for prosecutors as they weigh potential charges, legal experts say, because it could indicate the grand jury found him to be a compelling witness – and a jury at an eventual trial might be similarly convinced.Cohen is the crucial witness because he made the $130,000 payment to Daniels in late October 2016, buying her silence about the story of an affair with Trump. Trump later reimbursed him as president, through monthly $35,000 checks from his personal checking account, and Cohen pleaded guilty in 2018 to federal charges involving the hush money.The district attorney’s case is likely to focus on how Trump and the Trump Organization handled the reimbursements. According to court filings in the federal case, the Trump Organization falsely recorded the payments as legal expenses, referencing a legal retainer with Cohen that did not exist.Falsifying business records can be a misdemeanour in New York. But it can rise to a felony if prosecutors can show beyond a reasonable doubt that a defendant’s “intent to defraud” included an effort to commit or conceal a second crime.What is unclear in this investigation is the potential second crime, though Bragg could tie the falsification to a violation of state election law, arguing the payment to Daniels was an illicit contribution to the Trump campaign, given the money stifled Daniels and helped his campaign.Also on Wednesday, Daniels herself met with the district attorney’s office at their request, her lawyer said in a tweet. Daniels responded to questions, he said, “and has agreed to make herself available as a witness, or for further inquiry if needed”.The district attorney’s office has questioned at least seven other people before the grand jury and Cohen was expected to be one of the final witnesses to make an appearance. Trump was also recently invited to testify, but his legal team is understood to have declined the offer.The recent moves by the district attorney suggest criminal charges against Trump could be imminent. It would be rare for a prosecutor to question essentially every relevant witness in a high-profile white-collar criminal case and ultimately decline to seek an indictment. More

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    People vs Donald Trump review: Mark Pomerantz pummels Manhattan DA

    ReviewPeople vs Donald Trump review: Mark Pomerantz pummels Manhattan DAProsecutor who helped convict John Gotti thinks Alvin Bragg let Trump slip from the hook. His memoir proves controversial Mark Pomerantz is a well-credentialed former federal prosecutor. As a younger man he clerked for a supreme court justice and helped send the mob boss John Gotti to prison. He did stints in corporate law. In 2021, he left retirement to join the investigation of Donald Trump by the Manhattan district attorney. Pomerantz’s time with the DA was substantive but controversial.Trump porn star payment a ‘zombie case’ that wouldn’t die, ex-prosecutor says in bookRead moreIn summer 2021, he helped deliver an indictment for tax fraud against the Trump Organization and Alan Weisselberg, its chief financial officer. At the time, Cy Vance Jr, the son of Jimmy Carter’s secretary of state, was Manhattan DA. Pomerantz also interviewed Michael Cohen, Trump fanboy turned convicted nemesis, pored over documents and clamored for the indictment of the former president on racketeering charges.For Pomerantz, nailing Trump for his hush money payment to Stormy Daniels, the adult film star who claims an affair Trump denies, didn’t pass muster. But that avenue of prosecution was a “zombie case” that wouldn’t die. It still hasn’t: a Manhattan grand jury again hears evidence.Pomerantz saw Trump as a criminal mastermind aided by flunkies and enforcers. He believed charges ought to align with the gravity of the crimes. But as Pomerantz now repeatedly writes in his memoir, Alvin Bragg, elected district attorney in November 2021, did not want to move against Trump. In early 2022, Bragg balked. In March, Pomerantz quit – and leaked his resignation letter.“I believe that Donald Trump is guilty of numerous felony violations of the penal law,” Pomerantz fumed. “I fear that your decision means that Mr Trump will not be held fully accountable for his crimes.”Now comes the memoir, People vs Donald Trump: An Inside Account. It is a 300-page exercise in score-settling and scorn. Pomerantz loathes Trump and holds Bragg in less than high regard. He equates the former president with Gotti and all but dismisses the DA as a progressive politician, not an actual crime-fighter.In a city forever plagued by crime and political fights about it, Bragg’s time as DA has proved controversial: over guns, trespassing, turnstile jumping, marijuana and, yes, the squeegee men.Bragg is African American. This week, a group of high-ranking Black officials protested against Pomerantz’s attacks. In response, Pomerantz called Bragg “respected, courageous, ethical and thoughtful” but said: “I disagreed with him about the decision he made in the Trump case.”In his resignation letter, Pomerantz wrote: “I have worked too hard as a lawyer, and for too long, now to become a passive participant in what I believe to be a grave failure of justice.”Trump, he now writes, “seemed always to stay one step ahead of the law”. That may conjure up images of Road Runner and Wile E Coyote but Pomerantz is serious. “In my career as a lawyer, I had encountered only one other person who touched all of these bases: John Gotti, the head of the Gambino organised crime family.”The Goodfellas vibe is integral to Trumpworld. In The Devil’s Bargain, way back in 2017, Joshua Green narrated how Trump tore into Paul Manafort, his then campaign manager, shouting: “You treat me like a baby! Am I like a baby to you … Am I a fucking baby, Paul?” It was if Trump was channeling Joe Pesci.With the benefit of hindsight, Pomerantz concludes that the US justice department is better suited to handle a wholesale financial investigation of Trump than the Manhattan DA. Then again, the attorney general, Merrick Garland, has a lot on his plate. An insurrection is plenty.Pomerantz’s book has evoked strong reactions. Trump is enraged, of course. On Truth Social, he wrote: “Crooked Hillary Clinton’s lawyer [Pomerantz says he has never met her], radically deranged Mark Pomerantz, led the fake investigation into me and my business at the Manhattan DA’s Office and quit because DA Bragg, rightfully, wanted to drop the ‘weak’ and ‘fatally flawed’ case. This is disgraceful conduct by Pomerantz, especially since, as always, I’ve done nothing wrong!”Really?In December, a Manhattan jury convicted the Trump Organization on 17 counts of tax fraud and the judge imposed a $1.6m fine. Alan Weisselberg pleaded guilty and testified against his employer. Trump and three of his children – Ivanka, Don Jr and Eric – are defendants in a $250m civil lawsuit brought by Letitia James, the New York attorney general, on fraud-related charges. That case comes to trial in October 2023, months before the presidential primary. Sooner than that will be the E Jean Carroll trial, over alleged defamation and a rape claim Trump denies.Significantly, state prosecutors say Pomerantz may have crossed an ethical line.“By writing and releasing a book in the midst of an ongoing case, the author is upending the norms and ethics of prosecutorial conduct and is potentially in violation of New York criminal law,” J Anthony Jordan, president of the District Attorneys Association of the State of New York, announced.Never Give an Inch review: Mike Pompeo as ‘heat-seeking missile for Trump’s ass’Read moreBragg accused Pomerantz of violating a confidentiality agreement. Pomerantz is unbowed. “I am comfortable that this book will not prejudice any investigation or prosecution of Donald Trump,” he states on the page. No formal ethics complaint has appeared.Pomerantz also offers a window on personalities that crossed his path. Cohen receives ample attention. Pomerantz lauds Trump’s former fixer for his cooperation but reiterates that Cohen pleaded guilty to perjury.His conduct left Pomerantz shaking his head. Cohen’s liking for publicity could be unsettling. So was his Oval Office tête-a-tête with Trump over the payment to Daniels. Pomerantz was disgusted. Trump and Cohen, he writes, defiled America’s Holy of Holies, its “sanctum sanctorum”.No harm, no foul. Cohen’s lawyer, Lanny Davis, announced: “Mr Cohen will continue to cooperate with DA Bragg and his team, speaking truth to power – as he has always done.” On Wednesday, Cohen met the Manhattan DA for the 15th time. Pomerantz is gone. The show goes on.
    People vs Donald Trump: An Inside Account is published in the US by Simon & Schuster
    TopicsBooksDonald TrumpUS politicsUS taxationRepublicansPolitics booksLaw (US)reviewsReuse this content More

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    Trump porn star payment a ‘zombie case’ that wouldn’t die, ex-prosecutor says in book

    Trump porn star payment a ‘zombie case’ that wouldn’t die, ex-prosecutor says in bookMark Pomerantz writes of frustration of attempt to make hush money to Stormy Daniels a money-laundering case Donald Trump’s hush money payment to the adult film star Stormy Daniels is a “zombie case” that keeps coming back from the dead, a former New York prosecutor writes in a new book published as his former office once again considers filing criminal charges against the former president over the matter.Prosecutors likened Trump to mob boss and had to prove he wasn’t insane – bookRead morePeople vs Donald Trump: An Inside Account, will be published in the US on Tuesday. It has been extensively reported. The Guardian received a copy.Mark Pomerantz’s book has proved controversial, not least because it arrives as the Manhattan district attorney, Alvin Bragg, continues to investigate Trump, empaneling a grand jury hearing evidence about the Daniels payment. Bragg and Pomerantz, who fell out over the investigation of Trump, have exchanged broadsides in the media.On the page, Pomerantz lists numerous matters on which he says New York prosecutors considered charging Trump, including his tax affairs, his relationships with financial institutions including Deutsche Bank and Ladder Capital, property deals in Washington and Chicago, and leases at Trump Tower in Manhattan.But he says the Daniels payment came to seem a viable way to take Trump on.Daniels, whose real name is Stephanie Clifford, claims to have had an affair with Trump in 2006. He denies it, but in 2016, as he ran for president, his then lawyer and fixer, Michael Cohen, paid Daniels $130,000 to stay quiet.News of the payment broke in early 2018, when Trump was president. Trump was revealed to have reimbursed Cohen for the payment but only Cohen paid a legal price, his breach of election finance law contributing to a three-year prison sentence. Trump has never been charged.In his book, Pomerantz writes that he came to view the payment as a potential money-laundering offence.“If Clifford had gotten money by threatening to tell the world that she had slept with Donald Trump,” he writes, “that sounded like extortion to me. And if it was extortion, then maybe the hush money she received could be regarded as criminal proceeds, so action taken to conceal Trump’s identity as the source of the money was chargeable as money laundering.”This, Pomerantz writes, was “a new idea, and I got enthusiastic about it”. He shared his ideas with other investigators, he says, and “the return to life of the hush money facts as a potential basis for prosecution sparked a nickname for this part of the investigation … the ‘zombie’ case, because it was alive, and then it was dead, and now it had sprung back to life”.Pomerantz writes that he thought the “zombie case” was “very strong”, as the basic facts were “readily provable”. He describes Cohen’s willing cooperation and evidence that Trump directed Cohen to lie about the payment in the Oval Office itself.In late February 2021, Pomerantz says, he sent a memo to the New York district attorney, then Cy Vance Jr, outlining the “zombie case” and its vital contention that the $130,000 Cohen paid Daniels was “‘dirty money’, or the proceeds of a crime”.He admits he was presenting “a somewhat awkward construct”, in part as he would have to prove Trump was a victim of blackmail.Cohen’s description of Trump’s reaction to Daniels’s claims helped. Pomerantz writes: “I asked what words did they use, and his answer was that Trump referred to it as ‘fucking blackmail’. That was more than sufficient for my purposes.”But Pomerantz says his “creative theorising smacked into [the New York district attorney’s] cautious and conservative culture”. Other investigators “balked” at his extortion theory, he writes, partially because it would be hard to prove Daniels had physically threatened Trump, as necessary under New York law.Pomerantz then focused on Daniels’s lawyer and extracting information from federal prosecutors in New York. But he said he came upon “a new legal problem” which returned the “zombie case” to its grave.Under New York law, he writes, the money Daniels received “had to qualify as ‘criminal proceeds’ when Cohen sent it; otherwise sending was not money laundering. If the money became criminal proceeds only when received, the crime of money laundering had not taken place.”And so the “zombie case” was dead again.Pomerantz describes a brief flutter back to life, when he and colleagues were “contemplating an indictment that featured false business records … which would bring the ‘zombie’ theory back from the dead once again”.But Bragg, who succeeded Vance as Manhattan district attorney, became a lightning rod for liberals when he was reported to have backed away from indicting Trump on any charge. Pomerantz resigned in February 2022, accusing Bragg of acting “contrary to the public interest”.On Sunday, discussing Trump’s tax affairs, Pomerantz told CBS: “If you take the exact same conduct, and make it not about Donald Trump and not about a former president of the United States, would the case have been indicted? It would have been indicted in a flat second.”Pomerantz also called Bragg’s decision not to indict Trump a “grave failure of justice”.Bragg told the New York Times Pomerantz “decided to quit a year ago and sign a book deal”.“I haven’t read the book and won’t comment on any ongoing investigation because of the harm it could cause to the case,” Bragg said.Bragg did secure a conviction against the chief financial officer of the Trump Organization, Allen Weisselberg, on tax charges. Not long after that, the investigation of the Daniels payment was reported to be ongoing.Trump complained about “a continuation of the Greatest Witch Hunt of all time”.But Pomerantz’s “zombie” case has bounced back from the grave once again.In his book, Pomerantz says that if the hush money case is the only one the New York DA pursues against Trump, it will be “a very peculiar and unsatisfying end to this whole saga”, given that “persistent fraud … permeated [Trump’s] financial statements”.“That case involves serious criminal misconduct, [but] it pales in comparison to the financial statement fraud.”TopicsBooksDonald TrumpPolitics booksUS politicsUS crimeMichael CohenStormy DanielsnewsReuse this content More

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    Stormy Daniels to Michael Cohen: Fox News movie brought back memory of sex with Trump

    Stormy Daniels has said she could not remember key details of the sexual liaison she claims to have had with Donald Trump, until seeing a film about Roger Ailes’ sexual harassment of women at Fox News prompted her to remember.“I went to see that movie Bombshell,” she said, “and suddenly it just came back.”Daniels, an adult film star and director whose birth name is Stephanie Clifford, was speaking to Michael Cohen on the former Trump lawyer’s podcast, Mea Culpa, made by Audio Up Media and distributed by PodcastOne and LiveXLive. Excerpts were shared with the Guardian.Daniels also described Trump “doing his best yet horrifyingly disturbing impression of Burt Reynolds”, on a bed, clad only in his underwear.Daniels claims to have had sex with Trump in Nevada in 2006. He denies it, but a $130,000 hush money payment to Daniels reimbursed by Trump contributed to Cohen’s downfall in 2018.Trump’s longtime fixer was jailed for tax fraud, lying to Congress and violations of campaign finance law. He cooperated with investigators and published a book, Disloyal, while completing a three-year sentence.The payment to Daniels, and Cohen’s role in a payment to another woman, Playboy model Karen McDougal, during the 2016 election, are at the centre of ongoing investigations. Stripped of the protections of office, Trump is vulnerable to prosecution.Daniels’ appearance on Cohen’s podcast marks a rapprochement between the two. After Cohen orchestrated Trump’s attempts to keep Daniels quiet, Daniels had harsh words for Cohen in her own book, Full Disclosure.Daniels called Cohen a “dim bulb” and “a complete fucking moron”. She also detailed what she claims was a threat to her safety and that of her daughter, allegedly from Trump. In 2018, she said: “It never occurred to any of these men that I would someday have a voice.”Cohen is now a vocal critic of his old boss. Daniels remains a thorn in Trump’s side. “Both of our stories will be forever linked with Donald Trump, but also with one another,” Cohen said, apologising for inflicting “needless pain” and adding: “Thanks for giving me a second chance.”The details of Daniels’ alleged liaison with Trump at a charity golf event in Lake Tahoe in 2006 are well known, not least thanks to her book, which the Guardian first reported.“I couldn’t remember,” she told Cohen, “how I got from standing in that bathroom doorway to underneath him on the bed, like I couldn’t remember how my dress came off or how my shoes got off, because I know I took my shoes off because I clearly remember putting them back on and they were buckled, like they’re really gold strappy heels that were not easy to, you know, come off.“And I just, there’s like 60 seconds where I just had no recollection of it and it’s not in the book, and nobody really wanted to ask about it. They just wanted to know the details of what his appendage, or lack of appendage, looked like. And I was like, it really bothered me for, like, years, like, I definitely wasn’t drinking so I’m like why don’t I remember this.“And I’ll never forget this moment. I went to see that movie Bombshell, and suddenly it just came back.”Bombshell was directed by Jay Roach, starred Nicole Kidman, Charlize Theron and Margot Robbie and was released in 2019. It told the story of the downfall of Roger Ailes, chief executive of Fox News and a key Trump ally, over sexual harassment.Trump denies accusations of sexual harassment and assault by multiple women. Shortly before the 2016 election, Fox News killed a story about Trump and Daniels. Ailes resigned in July that year and died the following May.Daniels’ own case against Trump for defamation is heading for the supreme court. She told Cohen: “I’ve already lost everything, so I’m taking it all the way.”Of Lake Tahoe in 2006, Daniels also told Cohen she now remembered thinking, ‘Oh fuck, how do I get myself in this situation. And I remember even thinking I could definitely fight his fat ass, I can definitely outrun him. There’s a bodyguard at the door. But I wasn’t threatened, I was not physically threatened.“And then so I tried to sidestep … I was like, trying to remember really quickly, where did I leave my purse, like I gotta get out of here. And I went to sidestep and he stood up off the bed and was like ‘This is your chance.’ And I was like, ‘What?’ and he was like, ‘You need to show me how bad you want it or do you just want to go back to the trailer park.’”Daniels has said Trump told her he would get her a slot on The Apprentice, the reality TV show for which he was then most famous. At the time of the alleged encounter, Trump’s third wife, Melania Trump, had recently given birth to their son, Barron.Daniels told Cohen she went to the bathroom, then “was genuinely like startled to see him waiting” when she came out.“I just froze,” she said, “and I didn’t know what to say. He had stripped down to his underwear and was perched on the bed doing his best yet horrifyingly disturbing impression of Burt Reynolds.”She “didn’t say anything for years”, she said, “because I didn’t remember.” Now the star of a ghost-hunting reality TV show, Spooky Babes, she added: “I’ve been face to face with evil in the most intimate way. Demons don’t scare me any more.”Daniels has described what she says happened next. Speaking to CBS 60 Minutes in 2018, she said: “And I was like, ‘Ugh, here we go.’ And I just felt like maybe it was sort of … I had it coming for making a bad decision for going to someone’s room alone.”The interviewer, Anderson Cooper, said: “And you had sex with him.”“Yes,” Daniels said. More

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    Melania Trump discusses Stormy Daniels in secretly recorded tapes

    Stephanie Winston Wolkoff, a New York socialite turned author of a tell-all book about her relationship with Melania Trump, has released another recording of America’s first lady in embarrassingly candid conversation, this time discussing an adult film star accused of an affair with her husband.On the recording Melania Trump discusses Stormy Daniels, who the first lady calls “the porn hooker”. Wolkoff released the recording on Mea Culpa, a podcast presented by Michael Cohen, Donald Trump’s former lawyer and fixer.Cohen has also written a tell-all but Wolkoff’s book, Melania & Me, has perhaps become more of a headache for the White House, as the author releases recordings of conversations with the first lady that she says she made in self-defence.Wolkoff left the White House amid investigations of fundraising for the inauguration. In February 2018, the New York Times reported that from $107m raised, a company started by Wolkoff received nearly $26m. Wolkoff reportedly banked $500,000. The Times also reported that a government watchdog accused the inaugural committee of “fiscal mismanagement at its worst”.Wolkoff, who denies wrongdoing, says Melania Trump refused to defend her.Speaking to Cohen, Wolkoff said she had “needed to let a reporter listen to the tapes, because [the White House] made sure that people didn’t believe what I was saying … once I had already been severed and accused of criminal activity.”“The White House created a narrative,” she added, “because I didn’t follow along with the one they wanted.” That narrative, she said, was that the Trumps did not know about fundraising for the inaugural and any alleged improprieties.“Nothing took place without Donald’s approval,” Wolkoff told Cohen. “Nothing took place without Melania knowing.”Midway through the hour-long interview, Wolkoff played a snatch of tape in which the first lady complained about a Vogue photoshoot from 2018.“Go Google and read it,” the first lady says. “Annie Leibovitz shot the porn hooker, and she will be [in] one of the issues, September or October.”“What do you mean?” Wolkoff asks.“Stormy,” Trump says.Donald Trump denies an affair with Daniels, whose real name is Stephanie Clifford. But Cohen orchestrated a hush money payment in the case, an act that contributed to his three-year prison sentence arising from the work of special counsel Robert Mueller.“Shut the fuck up,” Wolkoff responds on the tape. “For what?”“It was yesterday it came up,” Melania Trump says. “For Vogue. It will be in Vogue. Annie Leibovitz shot her.”Leibovitz photographed Daniels and her then attorney, Michael Avenatti, for an August 2018 story entitled Stormy Daniels Isn’t Backing Down.In her book, Wolkoff writes of meeting the then Melania Knauss at the Vogue offices in New York in 2003.Speaking to Cohen, she said: “I actually opened the door for her while I was working at Vogue, and I think I was more of an attraction to Melania and Donald than they were for me. Because what were they doing for me? It wasn’t as if I needed anything from them. I actually saw Melania as this nice, sweet, young, striving model.”Cohen also asked Wolkoff about how the first lady reacted to reports of her husband’s affairs, such as with Daniels, which the model says happened shortly after the birth of Melania’s son, Barron.“She told me,” Wolkoff said, “that Donald had to be prepared for his whole life to be open to the media, to the world if he won [the presidency]. And in that moment I thought to myself, ‘And so do you.’”Last week, the Trumps both announced they had contracted the coronavirus. On the same night, Wolkoff provided to CNN a recording of the first lady complaining about having to supervise White House decorations (“Who gives a fuck about the Christmas stuff?) and being criticized over her husband’s policy of separating migrant families (“Give me a fucking break”). More