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      Trump’s indictment is about more than hush money – it’s a question of democracy

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      Former president Donald Trump pleaded not guilty on Tuesday to 34 felony counts of falsifying business records related to hush money payments he made through his allies to hide extramarital affairs in the weeks before the 2016 election.As prosecutors in the New York courtroom reiterated, the issue wasn’t just that Trump directed these payments that put him at fault, but that the timing of them probably changed the course of his campaign and paved the way for Trump to interfere with election results for two cycles. And the criminal charges were only part of the picture when it comes to Trump’s election meddling, and the threats he has posed to US democracy.“[These are] very serious criminal allegations that matter to our democracy because of the effect that paying this hush money could have had suppressing a scandal, saving the Trump campaign, altering the outcome of the 2016 election and setting up the election interference that we investigated in the first impeachment,” longtime election lawyer Norm Eisen said in a recent interview.“And that culminated in the attempted coup following the 2020 election and the violence of January 6.”This week’s indictment could be the first time that Trump – or any president in the country’s history – is held accountable for a criminal act. But this may not be the only time Trump faces courtroom allegations this year.Though the first indictment of a former president comes in a trial about falsifying business records, there is also the Fulton county litigation over Trump’s efforts to overturn the 2020 election results in Georgia and the multiple cases involving his role in instigating a riot at the US Capitol on 6 January 2021.“People have to be held accountable for their actions and when a former president of the United States has allegedly committed a criminal act and is found guilty, he has to be held accountable,” said Fred Wertheimer, the president of Democracy 21, a non-partisan organization that works to protect democracy.And while some have lamented that the first case to reach an indictment is not the most significant one pending against Trump’s election denial tactics, Wertheimer said it was still a strong case.“Even though this case does not appear as directly related to our democracy as the Mar-a-Lago documents case, the Georgia case about attempting to steal a presidential election, or the largest case about the alleged attempt by former president Trump to overturn the presidential election and the role he allegedly played in inciting the January 6 insurrection, if you look at the fundamentals of our democracy, this case is similar in importance to those other cases,” he said.skip past newsletter promotionafter newsletter promotionA guilty verdict against Trump could also show that nobody in the US, including a former president, is above the law, a fundamental component of a functioning democracy. In many other countries – including many ranked among the most democratic – ex-heads of government or state have been prosecuted, but never before has it happened in the US.In the past 15 years alone, Nicolas Sarkozy and Jacques Chirac of France, Park Geun-hye and Lee Myung-bak of South Korea, and Silvio Berlusconi of Italy have all been prosecuted for corruption and found guilty, according to the New York Times.A majority of Americans – 60% – approve of the indictment against Donald Trump according to a recent CNN poll, although respondents were split on whether they believe it benefits democracy. A majority also believe that politics played a role in the indictment, a fact that could threaten democracy by making people believe that the legal system can be influenced by partisan actions.“At the heart of our democracy is the fact that nobody is above the law,” Wertheimer said. “Everyone in our society has to comply with the rules. That’s just the fundamental principle of the rule of law.” More

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      Trump addresses indictment in brief – as it happened

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      This blog is now closed. You can read our full story on Trump’s arraignment – and the aftermath – here.We’ll be closing this blog shortly. Here is a summary of today’s events so far:
      Donald Trump was charged on Tuesday with 34 felony counts of falsifying business records in a historic case over allegations he orchestrated hush-money payments to two women before the 2016 US election to suppress publication of their alleged sexual encounters with him. Prosecutors in Manhattan accused Trump, the first sitting or former US president to face criminal charges, of trying to conceal a violation of election laws during his successful 2016 campaign. The two women in the case are adult film actor Stormy Daniels and former Playboy model Karen McDougal.
      Trump pleaded not guilty to the charges. The frontrunner in the race for the Republican nomination in 2024, Trump was subdued, responding briefly when the judge asked him if he understood his rights. At one point, the judge put his hand to his ear as if to prompt an answer. Trump made no comment when he left court just under an hour later.
      Trump flew home to Florida where he addressed family, friends and supporters at his Mar-a-Lago club in Palm Beach, delivering a litany of grievances against investigators, prosecutors and rival politicians. He falsely described the New York prosecution as election interference.
      Prosecutor Chris Conroy said: “The defendant Donald J Trump falsified New York business records in order to conceal an illegal conspiracy to undermine the integrity of the 2016 presidential election and other violations of election laws.” While falsifying business records in New York on its own is a misdemeanour punishable by no more than one year in prison, it is elevated to a felony punishable by up to four years when done to advance or conceal another crime, such as election law violations.
      Attorney general Alvin Bragg defended the charges in a press conference after the arraignment. “We today uphold our solemn responsibility to ensure that everyone stands equal before the law. No amount of money and no amount of power changes that enduring American principle,” Bragg said.
      “We’re going to fight it hard,” Todd Blanche, a lawyer for Trump, told reporters after the arraignment. He said that while Trump was frustrated, upset and angry about the charges, “ … he’s motivated. And it’s not going to stop him. And it’s not going to slow him down. And it’s exactly what he expected.”
      Justice Juan Merchan, the judge assigned to Trump’s case, did not impose a gag order but warned Trump to avoid making comments that were inflammatory or could cause civil unrest. Prosecutors said Trump made a series of social media posts, including one threatening “death and destruction” if he was charged. If convicted of any one of the 34 felony charges, Trump could face a maximum of four years in prison.
      The judge set the next hearing for 4 December. Legal experts said a trial may not even get under way for a year. An indictment or conviction will not legally prevent Trump from running for president.
      Trump’s mugshot was not taken, according to two law enforcement officials, though the Trump camp did create their own one to put on a T-shirt as part of a fundraising effort.
      In an opinion piece for the Guardian, Sidney Blumenthal, former senior adviser to President Bill Clinton and Hillary Clinton, argues that every indictment will make Trump stronger:
      The indictment of Donald J Trump has not driven a wooden stake through his heart. He has risen, omnipresent and ominous again, overwhelming his rivals, their voices joined into his choir, like the singing January 6 prisoners, proclaiming the wickedness of his prosecution. As he enters the criminal courthouse to pose for his mugshot and to give his fingerprints, evangelicals venerate him as the adulterous King David or the martyred Christ.
      Trump does not have to raise his hand to signal to the House Republicans to echo his cry of “WITCH-HUNT”. He owns the House like he owns a hotel.
      …
      From the report of every new indictment to its reality, Republican radicalization will accelerate. Every concrete count will confirm every conspiracy theory. Every prosecution and trial, staggered over months and into the election year, from New York to Georgia to Washington, will be a shock driving Republicans further to Trump. Every Republican candidate running for every office will be compelled to declare as a matter of faith that Trump is being unjustly persecuted or be themselves branded traitors.
      Politico has painted a picture of the atmosphere at Mar-a-Lago, with a telling comment from former House Speaker Newt Gingrich.Allies, aides, club members and the press were packed into the gilded ballroom of Mar-a-Lago, waiting for former President Donald Trump to arrive… In the ballroom at the Florida estate, there was no sense of sobriety in the air. It felt, instead, like a Maga movie set.
      The room was lit up with bright spotlights for the cameras. And as the assembled guests waited for the man of the hour to arrive, the setting took on the feel of a catwalk for Trump world’s upper crust. Family, staff and top surrogates walked in smiling and waving.
      …
      Tuesday, in a way, was like a campaign relaunch, still grievance-filled but with Trump world feeling that they are in a better position. The polling that just months ago was used as evidence of his failure to rally the base has dramatically shifted, now showing the former president with leads upward of 20 percentage points over DeSantis. It underscored the central paradox of Trump’s political career: His standing benefits from the crises he endures.“We’re back to all Trump all the time,” said former House Speaker and past presidential candidate Newt Gingrich. “Nothing makes him happier.”Here’s a video report on Trump’s speech in Florida earlier, during which he delivered a litany of grievances against investigators, prosecutors and rival politicians. He falsely described the New York prosecution as election interference:I’m just cutting away from the indictment for a moment to the results in Wisconsin, where a Democratic-backed Milwaukee judge has won the high stakes supreme court Race, ensuring liberals will take over majority control of the court for the first time in 15 years with the fate of the state’s abortion ban pending.Milwaukee County Circuit Judge Janet Protasiewicz defeated former Justice Dan Kelly, who previously worked for Republicans and had support from the state’s leading anti-abortion groups.The new court controlled 4-3 by liberals is expected to decide a pending lawsuit challenging the state’s 1849 law banning abortion. Protasiewicz made the issue a focus of her campaign and won the support of Planned Parenthood and other abortion rights groups.Four of the past six presidential elections in Wisconsin have been decided by less than a percentage point. Trump turned to the courts in 2020 in his unsuccessful push to overturn his roughly 21,000-vote loss in the state.Protasiewicz, a Milwaukee County judge, largely focused her campaign around abortion, saying she supports abortion rights but stopping short of saying how she would rule on a pending lawsuit challenging Wisconsin’s 174-year-old ban that was enacted a year after statehood.With that, let’s take a look at the day’s newspaper front pages with my colleague Jonathan Yerushalmy.The Guardian says, “Trump pleads not guilty to 34 charges in hush-money case”, with the paper highlighting the judge’s order that the former president refrain from rhetoric that could cause civil unrest.Time magazine gained a reputation for producing iconic covers throughout the Trump presidency, and they hit the mark again on Wednesday, with the simple headline: “Unprecedented”.The Times splashes with, “Trump in the dock”. The paper’s US correspondents describe how a “stony-faced Trump was released from custody after an hour-long arraignment hearing ahead of a trial likely to take place next year”.“Trump in the eye of the Stormy”, is the Mirror’s headline. The paper goes on to say that, “Finally… ex-President charged over ‘hush-money’ payments to porn star”.You can read the full roundup here:So, how was Trump’s arraignment covered in the US media – and have any lessons been learned since 2016? The AP’s David Bauder has taken a look:“It’s hard to over-dramatize what this means for Donald Trump,” MSNBC’s Chris Jansing said today.
      Oh, but many tried.
      Hour after hour today, the story occupied the full attention of broadcast and cable news networks. They waited for glimpses of Trump’s face to interpret his expression, followed his motorcade’s movements from the air, speculated on how it must feel to be arrested.
      On Monday, Trump’s travels from Florida to New York led cable news networks to revisit the worst of earlier excesses. Throughout the day, aerial camera shots followed Trump’s plane as it took off from Florida and landed in New York, and as his motorcade traveled to Trump Tower in Manhattan – the backdrop to hours of speculation about the case.
      At one point, Trump’s son Eric posted on social media a picture of a television set inside the plane showing a Fox News Channel picture of the plane waiting on a Florida tarmac. “Watching the plane … from the plane,” he said.
      New York state supreme court Judge Juan Merchan declined media requests for video coverage of the hearing where Trump heard the charges against him and pleaded not guilty. That led to constant, mostly empty talk about what might happen.
      Will Trump’s motorcade to the court take Fifth Avenue or the FDR Drive? (The latter.) Will a mug shot of Trump be taken and released? (No.) Would the former president speak to the media before he goes into the court? (No.) After the hearing is done? (Also no.)
      His walk out the door was judged “five seconds of history” by ABC’s David Muir. Those views of Trump, along with still pictures of him during the arraignment, turned political and legal commentators into facial-expression and body-language experts.Mitt Romney, the former presidential nominee, who as a Utah senator was the only Republican to vote to convict Trump in both his impeachment trials, has criticised the Manhattan district attorney’s office for its handling of the hush money case in which the former president pleaded not guilty on Tuesday.“I believe President Trump’s character and conduct make him unfit for office,” Romney said in a statement, as Trump was arraigned.“Even so, I believe the New York prosecutor has stretched to reach felony criminal charges in order to fit a political agenda.”“No one is above the law, not even former presidents, but everyone is entitled to equal treatment under the law. The prosecutor’s overreach sets a dangerous precedent for criminalizing political opponents and damages the public’s faith in our justice system.”There are thorny legal issues raised by Trump’s indictment.“The bottom line is that it’s murky,” Richard Hasen, an expert in election law and professor at the University of California, Los Angeles law school told the Associated Press. “And the district attorney did not offer a detailed legal analysis as to how they can do this, how they can get around these potential hurdles. And it could potentially tie up the case for a long time.”“There are an awful lot of dots here which it takes a bit of imagination to connect,” said Richard Klein, a Touro Law Center criminal law professor. Bragg said the indictment doesn’t specify the potential underlying crimes because the law doesn’t require it. But given the likelihood of Trump’s lawyers challenging it, “you’d think they’d want to be on much firmer ground than some of this stuff,” said Klein, a former New York City public defender.Hasen said it’s not clear whether candidates for federal office can be prosecuted in cases involving state election laws. The defense may also argue the case can’t be brought in state court if it involves a federal election law.While the prosecution’s theory is certainly unusual, it’s not unwinnable, some experts said.Bragg is “going to bring in witnesses, he’s going to show a lot of documentary evidence to attempt to demonstrate that all these payments were in furtherance of the presidential campaign,” said Jerry H.​ Goldfeder, a veteran election lawyer in New York and the director of Fordham Law School’s Voting Rights and Democracy Project.“It remains to be seen if he can prove it beyond a reasonable doubt,” Goldfeder said. But, he added, “Do not underestimate District Attorney Alvin Bragg and do not overestimate Mr. Trump.”On Fox, Laura Ingraham is running a segment on the decision by MSNBC to not broadcast Trump’s remarks in Florida.They’re embarrassed by the “flimsy” indictment and knew Trump would “use his comments to tell the truth,” she says.Hi, my name is Helen Sullivan and I’m taking over our live coverage of this historic day from my formidable colleague Maanvi Singh.If you have questions, comments, or would like to get in touch you can find me on Twitter.After Donald Trump surrendered to authorities and New York and pleaded not guilty to 34 charges of falsifying business records, he delivered a brief, grievance-laden speech from his his Florida residence.
      Trump became the first American president to face criminal charges. Manhattan district attorney Alvin Bragg said the ex-president faces 34 felony counts of falsifying documents “with intent to defraud and intent to conceal another crime” adding that “these are felony crimes in New York state, no matter who you are”.
      Trump’s court appearance, during which he was finger-printed, but not cuffed, came five days after a New York grand jury voted to indict him, based on a years-long investigation.
      The charges are focused on payments Trump made to hide an affair with adult film star Stormy Daniels, as well as hush money deals with Playboy model Karen McDougal and a former Trump Tower doorman. The district attorney’s office has accused Trump of having “orchestrated a scheme” with the intent “to influence the 2016 presidential election by identifying and purchasing negative information about him to suppress its publication and benefit the defendant’s electoral prospects”.
      Separately, Trump faces a criminal investigation into his role during the January 6 insurrection and his retention of classified documents at Mar-a-Lago after leaving office. He is also facing an investigation into efforts to overturn the elections in Georgia. The New York state attorney general has sued Trump, his family, and the Trump Organization over financial wrong doing. He is also facing a defamation suit arising from allegations of rape.
      In a rambling speech, Trump collapsed long-held grievances with complaints about the several investigations he is facing, focused especially on the classified documents case. He repeated falsehoods about the nature of the accusations he is facing, and personally attacked the prosecutors and investigators leading the cases.
      The president only spoke for about 25 minutes – which was much shorter than his standard. But otherwise, the remarks had many elements of his standard rally stump speech.I’m signing off, but my colleagues in Australia will continue to bring you updates and analysis.
      – Maanvi SinghFact check: Judge in hush money caseTrump called justice Juan Merchan a “Trump-hating judge with a Trump-hating wife whose daughter worked for Kamala Harris”.Merchan’s daughter is president of Authentic, an agency that has worked with the campaigns of Joe Biden, Kamala Harris , Cory Booker and other Democrats. But that is not a conflict of interest for the justice, or grounds for a recusal by judicial ethics standards.Fact check: Classified documentsDuring the speech, Trump also claimed that the Presidential Records Act involves a negotiation with the National Archives and Records Administration over documents, which is false. In fact, Nara gets custody of presidential documents the moment he leaves office.Trump was joined tonight by his children Don Jr, Eric and Tiffany, as well as supporters including Roger Stone, Mike Lindell, far-right representatives Marjorie Taylor Greene and Matt Gaetz, and former Arizona gubernatorial candidate Kari Lake.Missing tonight were Trump’s eldest daughter Ivanka Trump, who has distanced herself from her father after working for his administration, and Melania Trump.CNN cut away from its live coverage of Trump’s speech as the former president continued to rail against the charges against him.Meanwhile, MSNBC opted not to broadcast Trump’s remarks at all. Instead, host Rachel Maddow said the outlet would monitor his remarks for any news rather than cover them in full.“This is basically a campaign speech in which he is repeating his same lies and allegations against his perceived enemies,” Maddow said. “He’s just giving his normal list of grievances. We don’t consider that necessarily newsworthy and there is a cost to us as a news organization of knowingly broadcasting untrue things.”NPR also did not air Trump’s speech live.Donald Trump has repeatedly misconstrued the investigation into his possession of classified documents, comparing what he did to what his predecessors did.Trump took classified documents to Mar-a-Lago, whereas former president Barack Obama turned over documents, according to the National Archives and Records Administration itself. In the cases of other former presidents, the Nara moved documents out of DC to other facilities. More

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      Donald Trump pleads not guilty to 34 felony charges in hush money case

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      Donald Trump on Tuesday pleaded not guilty to 34 felony charges of falsifying business records and conspiracy related to his role in hush money payments to cover up an alleged extramarital affair in the final days of the 2016 presidential election, an unprecedented development that marks the first time in American history a former president has been charged with a crime.Trump, the 45th commander in chief and the leading contender for the Republican nomination in 2024, was stone-faced as he entered the courtroom in lower Manhattan on Tuesday afternoon, after surrendering to authorities in the city where he was born, built his career and launched his bid for the presidency.Trump described the moment as “SURREAL,” as his 11-vehicle motorcade made the journey from his penthouse on Fifth Ave to the district attorney’s office downtown. Upon his arrival, Trump, escorted by a phalanx of US Secret Service agents, waved to the crush of supporters, reporters and onlookers gathered near the criminal courts building.While he was in custody, Trump, like any other criminal defendant, was fingerprinted. But given the extraordinary nature of the proceedings, he was also afforded special accommodations: he was not handcuffed and was not subject to a mug shot.In his appearance before New York supreme court justice Juan Merchan, Trump himself entered the plea of not guilty, part of an effort to project an air of defiance, people close to him said. But seated between his lawyers at the defense table, Trump appeared affected by the gravity of the moment, which amounted to a legal reckoning for the reality TV star-turned-president after nearly half a century of avoiding criminal charges.According to the charging document, unsealed on Tuesday, prosecutors accused the former president of paying $130,000 to buy the silence of adult film star Stormy Daniels, who said she had a sexual encounter with Trump in 2006. The payment was made by his then lawyer Michael Cohen, who said he was acting at the direction of Trump. Trump later reimbursed Cohen while serving as president of the United States.New York prosecutors allege that Trump violated state records law because it was falsely recorded as legal expenses, which also meant Trump avoided paying tax on the money.The prosecutors doubled down on the timing of Trump’s actions, which they said could have undermined his campaign during the 2016 election. And they asked for protective orders for discovery materials, including Trump’s escalatory posts on his platform Truth Social, such as when he vowed “death and destruction” in the event he was indicted.The arraignment marks a politically and legally perilous moment for Trump, and also for the country, which has never before been confronted with the extraordinary situation of a twice-impeached, criminally charged former president now running for re-election to the White House.The intense public interest in the case was underscored on Tuesday by dueling but peaceful demonstrations swelled on separate sides of a park near the courthouse. Metal barricades divided Trump’s supporters from his opponents, a stark visual of a nation still deeply divided over his presidency and his political future. While a conviction is far from certain, it would not preclude Trump from running or winning the presidency in 2024.The New York case is just one of an array of legal threats confronting the former president, who faces criminal investigations over the January 6 Capitol attack, his retention of classified documents at Mar-a-Lago and his efforts to overturn the 2020 election in Georgia, as well as civil inquiries into his business and a defamation suit arising from allegations of rape.Trump and his campaign sees political opportunity in his legal jeopardy, as his supporters rallied to his defense, with signs and Maga-wear, in a show of fealty to a man many believe is the victim of a political witch hunt. It is a narrative Trump and his campaign have advanced in the days since he was indicted, using claims of a “witch hunt” to drive fundraising and pressure his likely Republican rivals to defend him. Prosecutors have said politics played no role in the decision to pursue this case.President Joe Biden, who has yet to formally announce that he’s seeking re-election next year, has declined to comment on the case. “This is not his focus for today,” White House press secretary Karine Jean-Pierre told reporters on Tuesday. More

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      Fugitive former aide to ex-Maryland governor dies in confrontation with FBI

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      An ex-Maryland governor’s former political aide – who was wanted on corruption charges – died on Monday after he was wounded while being confronted by law enforcement agents, his lawyer said, following a manhunt that was launched when the man failed to appear for trial.Roy McGrath’s death was confirmed by the FBI to attorney Joseph Murtha. Murtha added that it was not immediately clear if McGrath’s wound was self-inflicted or came during an exchange of gunfire with agents.The FBI had said earlier that McGrath, once a top aide to ex-Maryland governor Larry Hogan, had been hospitalized after an agent-involved shooting. The FBI typically uses the term “agent-involved shooting” to describe cases where agents shoot someone in the line of duty, but the bureau declined to elaborate.An attorney for McGrath’s wife, William Brennan, also confirmed the death. Brennan said his client, Laura Bruner, was “absolutely distraught” about her husband’s death.According to an email earlier from Shayne Buchwald of the FBI in Maryland, McGrath was wounded during “an agent-involved shooting” at about 6.30pm in a commercial area on the south-western outskirts of Knoxville, Tennessee. Buchwald said McGrath was taken to a hospital.Additional details, including how McGrath was wounded and what led up to it, were not immediately released. The shooting was under investigation late on Monday.“The FBI takes all shooting incidents involving our agents or taskforce members seriously,” said Buchwald, who declined to confirm that McGrath had died.McGrath, 53, served as chief of staff to Hogan. He was declared a wanted fugitive after failing to show up at a scheduled fraud trial last month, and the FBI has said he was considered an international flight risk.In a statement, Hogan said he and his wife, Yumi, “are deeply saddened by this tragic situation. We are praying for Mr McGrath’s family and loved ones.”Murtha called the death “a tragic ending to the past three weeks of uncertainty” and said his client always maintained his innocence.After McGrath failed to appear at Baltimore’s federal courthouse on 13 March, Murtha said he believed McGrath, who had moved to Naples, Florida, was planning to fly to Maryland the night before. Instead of beginning jury selection, a judge issued an arrest warrant and dismissed prospective jurors.McGrath was indicted in 2021 on accusations he fraudulently secured a $233,648 severance payment, equal to one year of salary as the head of Maryland’s environmental service, by falsely telling the agency’s board the governor had approved it. He was also accused of fraud and embezzlement connected to roughly $170,000 in expenses. McGrath pleaded not guilty.McGrath resigned just 11 weeks into the job as Hogan’s chief of staff in 2020 after the payments became public.If convicted of the federal charges, he would have faced a maximum sentence of 20 years for each of four counts of wire fraud, plus a maximum of 10 years for each of two counts of embezzling funds from an organization receiving more than $10,000 in federal benefits. More

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      Every indictment will make Trump stronger – and Republicans wilder | Sidney Blumenthal

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      The indictment of Donald J Trump has not driven a wooden stake through his heart. He has risen, omnipresent and ominous again, overwhelming his rivals, their voices joined into his choir, like the singing January 6 prisoners, proclaiming the wickedness of his prosecution. As he enters the criminal courthouse to pose for his mugshot and to give his fingerprints, evangelicals venerate him as the adulterous King David or the martyred Christ.Trump does not have to raise his hand to signal to the House Republicans to echo his cry of “WITCH-HUNT”. He owns the House like he owns a hotel.“I keep him up on everything that we’re doing,” says Marjorie Taylor-Greene, who serves as one of his agents over the House speaker, Kevin McCarthy. Nine of the 25 Republicans on the House judiciary committee and 11 of the 26 on oversight have endorsed him. Elise Stefanik, chair of the House Republican Conference, has pledged her allegiance. Jim Jordan, who refused to honor a subpoena from the January 6 committee, now issues flurries of subpoenas as chair of the Orwellian-named subcommittee on the weaponization of the federal government, to obstruct investigations of Trump, and not incidentally into Jordan’s and other House Republicans’ roles in the insurrection. But not even a subpoena to the New York district attorney, Alvin Bragg, or any other prosecutor, could command the tide of indictments.Between the motion of Trump’s first indictment and the act of the last Republican primary, more than a year from now, on 4 June 2024, the shadow will fall on the only party with an actual nomination contest. Trump’s pandemonium will only have an electoral valence for the foreseeable future in its precincts. His damage to the constitution, the national security of the United States and the rule of law will be extensive, but his most intense and focused political destruction will be circumscribed within the Republican party.From the report of every new indictment to its reality, Republican radicalization will accelerate. Every concrete count will confirm every conspiracy theory. Every prosecution and trial, staggered over months and into the election year, from New York to Georgia to Washington, will be a shock driving Republicans further to Trump. Every Republican candidate running for every office will be compelled to declare as a matter of faith that Trump is being unjustly persecuted or be themselves branded traitors.Profession of the holy creed of election denial has already been broadened to demand profession of the doctrine of Trump’s impunity. Every Republican attempting to run on law and order will be required to disavow law and order in every case in which Trump is the defendant. Trump’s incitement to violence will not have an exception of immunity for the Republican party. Beginning in the Iowa caucuses, the confrontations may not resemble New England town meetings. If Trump were to lose in the first tumultuous caucuses, can anyone doubt he will claim it was rigged? Was January 6 a preliminary for the Republican primaries of 2024?The death watch of Trump is a cyclical phenomenon. After each of his storms, the pundits, talking heads and party strategists on all sides emerge from their cellars, survey the latest wreckage and check the scientific measurements of the polls to give the “all clear” sign that the cyclone had passed. When Trump lost to Joe Biden in 2020, thoughtful analysts assured that Trump’s time was gone, he would fade away and his comeback in 2024 was an impossibility, just “not going to happen”. Everyone should “relax”. Then came January 6. When Trump’s endorsed candidates in the 2022 midterm elections, a gaggle of election deniers and conspiracy mongers, were ignominiously rejected, last rites were pronounced. Trump was dead again.“We want to make Trump a non-person,” Rupert Murdoch said after the January 6 insurrection. Trump’s image was virtually banished from his bandbox of Fox News. He would be airbrushed out of the next episode of history.“The best thing for the country would be to have a president in 2025 who represents a new chapter,” wrote Emily Seidel, chief executive of the Koch network’s Americans for Prosperity, in a memo.On 5 February, the Koch dark money syndicate held a conference of its billionaire donors and key activists at Palm Springs, California, to lay the groundwork for the dawning of the post-Trump age. There it was decided to swing its enormous resources behind the candidacy of Ron DeSantis, the governor of Florida, who they had originally cultivated as one of their Tea Party hothouse congressmen.The wishful thinking that Trump would magically disappear, however, ignored the omens of Liz Cheney’s purging, the victories of his candidates in the midterm Republican primaries over blanched “normies”, and the corrupt bargain that McCarthy was forced to make to secure his speakership. The implacability of Trump’s political base’s attachment was discounted.Murdoch, Koch et al should have grasped the dangerous fluidity of the extremism they stoked, financed and organized for decades, which metastasized into Trump. Their approach to Trump was not dissimilar to that of Vladimir Putin, treating him as their useful idiot. Putin’s purpose was and is to use Trump to destroy Nato and the western alliance, and as an agent of chaos within the US of a magnitude that no KGB agent could have recruited during the cold war.The Koch network contentedly used Trump to pack the courts with Federalist Society stamped judges, deregulate business and thwart policy on climate change. But despite delivering those goods, Trump was ultimately uncontrollable. The problem with Trump was not his wildness and lawlessness. They were willing to tolerate him so long as his administration produced for them. Trump’s foibles were the cost of business. His liability was that he was not their kind of Republican, at heart a laissez-faire free market libertarian. Trump hated international trade and opposed slashing entitlements, particularly social security and Medicare, which they have long tried to hobble and privatize. In 2018, he tweeted his contempt for the “Globalist Koch Brothers, who have become a total joke in real Republican circles … I never sought their support because I don’t need their money or bad ideas. They love my Tax & Regulation Cuts, Judicial picks & more. I made them rich.” But his worst debit for them was that he lost. With DeSantis, they thought they could finally move on. Without Trump, they could wipe the slate clean, restore the past and return to the glory days when the Tea Party militants besieged town hall meetings to shriek against Obamacare. The undercurrent of the oligarchs’ romance with DeSantis is a strange nostalgia.Trump’s announcement on 18 March that he would be arrested and charged in New York three days later, born of a combination of panic and seizing an opportunity for grift, was not a deliberate strategic masterstroke, though it had that effect. In February, DeSantis led Trump by 45% to 41% in the Yahoo/YouGov poll. In the poll taken just after Trump said he would be arrested, Trump shot into the lead 47% to 39%. After he was indicted, he left DeSantis in the dust, 57% to 31%.Trump had already sent Murdoch’s and Koch’s presumptive candidate reeling. DeSantis has positioned himself as a cultural warrior but Trump smashed into his vulnerable flank. Before he adopted his gay bashing and race- and Jew-baiting persona, DeSantis was a cookie-cutter Tea Party congressman who voted several times to cut social security and Medicare. When Trump slammed him for his votes in early March as “a wheelchair over the cliff kind of guy”, DeSantis renounced his position, saying he would not “mess” with social security. Even before the indictment, Trump had Il Duce of the Sunshine State dancing like Ginger Rogers backwards in the Cuban heels of his cowboy boots. Trump has not relented. The day after he was indicted, his Make America Great Again political action committee broadcast an ad ripping DeSantis: “President Trump is on the side of the American people when it comes to social security and Medicare. Ron DeSantis sides with DC establishment insiders … The more you see about DeSantis, the more you see he doesn’t share our values. He’s not ready to be president.” On the right that Trump has made, national socialism beats laissez-faire.DeSantis reacted to Trump’s indictment by stating that he would not extradite him from Florida to New York, which nobody had asked him to do. His empty gesture as a two-bit secessionist would be in defiance of the constitution’s article IV extradition clause. Between the emotion and the response falls the hollow man. His rhetorical lawlessness in tribute to Trump only enhanced Trump’s pre-eminence over him.If anyone should have known better, it was Murdoch. His media properties now veer from slavishly outraged defense of the accused Trump on Fox News (“Witch-hunt!”) to trashing him in the New York Post (“Bat Hit Crazy!”) to puffing DeSantis in the Times of London, not widely read in Iowa or New Hampshire. The ruthless operator has been outplayed. Murdoch, who takes no prisoners, is Trump’s prisoner.Murdoch profitably buckled in for the Trump ride all the way to January 6. His decision not to jump off for the crash has now landed him in his biggest scandal, thrusting him in the middle of the Trump debacle with a January 6 trial of his own. After the 2020 election, following the lead of Trump and his attorneys, Fox News broadcast that Dominion Voting Systems had changed or deleted votes to help steal the election. The Fox chief executive, Suzanne Scott, wrote in an email shutting down the fact-checking of Trump falsehoods: “This has to stop now … this is bad business … the audience is furious and we are just feeding them material.” On 5 January, the eve of the attack on the Capitol, Murdoch discussed with Scott whether the network should report the truth: “The election is over and Joe Biden won.” He said those words “would go a long way to stop the Trump myth that the election stolen”. Scott told him that “privately they are all there” but “we need to be careful about using the shows and pissing off the viewers”. On 12 January, Murdoch emailed the Fox board member Paul Ryan that he had heard that the Fox host Sean Hannity “has been privately disgusted by Trump for weeks, but was scared to lose viewers”.Fox was terrified of its own audience, the Trump base it had whipped up day after day, fearful it would defect to a more pro-Trump site, Newsmax or One America News Network. Instead of broadcasting the facts, its executives ordered conspiracy theories and lies be aired to satisfy voracious demand. Murdoch admitted in an email that Trump’s claims of voter fraud were “really crazy stuff”. But the show must go on. Dominion is now suing Fox News for $1.6bn for defamation.Much of the material in the discovery documents reads like dialogue from a bad French farce.“I hate him passionately,” wrote a histrionic Tucker Carlson about Trump. Murdoch told Scott about Giuliani’s and the others’ lies: “Terrible stuff damaging everybody, I fear.” On 21 January 2021, Murdoch called Trump “increasingly mad”. Murdoch wondered, after serving as Trump’s chief enabler, “The real danger is what he might do as president.” Quel surprise!Of course, the specific falsehoods Fox recklessly and maliciously broadcast about Dominion were of a piece with those the network has been pumping out for years. That Murdoch is shocked, shocked is worthy of Capt Renault discovering there is gambling in the backroom of Rick’s Café in Casablanca. “Your winnings, sir.”The day after Trump was indicted, Judge Eric Davis ruled that the Dominion case would go to trial.“The evidence developed in this civil proceeding demonstrates that [it is] CRYSTAL clear that none of the [Fox News] statements relating to Dominion about the 2020 election are true,” he wrote. That trial will begin in mid-April and will probably last for weeks with major Fox personalities and Murdoch called to the stand. The very bad news is that in Delaware, where the trial will take place, unlike in New York, where the Trump trial will be held, television cameras are allowed in the courtroom. Undoubtedly, Fox will not be airing the humiliation of its stars and executives, but it is certain that CNN, desperate for ratings, and MSNBC will happily fill schedules with a Fox cavalcade.Fox’s propaganda was intimately linked to the January 6 coup, but could not be investigated by the January 6 committee. Murdoch’s desperate desire to separate himself from Trump will be impossible when Fox’s lies for Trump in the subversion of constitutional democracy are on full display. The Dominion trial will provide a necessary complement to the trials of Trump, more than an atmospheric touch of political theater, but bearing on politics moving forward. Murdoch, chained to his service to Trump, will not escape a judgment any more than Trump.The response of Fox’s audience to Fox in the dock will inevitably be to rally around Trump. Murdoch may be finished with Trump but Trump is not finished with him. Murdoch’s trial will contribute to the tightening of support for his object of contempt.“I am your retribution,” Trump promises. He rages against DeSantis and Fox as “Rinos” – Republicans In Name Only, which is to say Republicans. In the courtroom drama ahead, Trump will flail against his host of prosecutors, but his retribution during his battle for the nomination will be levied against the Republican party.
      Sidney Blumenthal, former senior adviser to President Bill Clinton and Hillary Clinton, has published three books of a projected five-volume political life of Abraham Lincoln: A Self-Made Man, Wrestling With His Angel and All the Powers of Earth More

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      The indictment of Donald Trump – podcast

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

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      A 2006 encounter and cash for silence: how the Trump-Stormy Daniels case unfolded

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      The Stormy Daniels affair, which this week made Donald Trump the first US president ever to be criminally indicted, first reached the White House in February 2017.“So picture this scene,” Michael Cohen, Trump’s former lawyer and fixer, said in congressional testimony two years later. “One month into his presidency, I’m visiting President Trump in the Oval Office for the first time.“It’s truly awe-inspiring, he’s showing me around and pointing to different paintings, and he says something to the effect of … ‘Don’t worry, Michael, your January and February reimbursement cheques are coming. They were FedExed from New York and it takes a while for that to get through the White House system.’”“As he promised, I received the first cheque for the reimbursement of $70,000 not long thereafter.”But what Cohen has described as “a biblical-level sex scandal” involving those cheques, which reimbursed a hush money payment to a porn star, had actually begun years before and has finally come to a head years later with Trump running for the White House again.How did it all happen?Daniels, whose real name is Stephanie Clifford, is a star in the world of adult film. In 2006, when she was 27, she attended a celebrity golf event in Utah, where she met Donald Trump. Then 60, he was a New York real estate billionaire and a reality TV star, via the NBC show The Apprentice.According to Daniels’ memoir, Full Disclosure, she spanked Trump with a copy of Forbes magazine featuring him on the cover. He said she reminded him of his daughter, Ivanka, and floated a slot on The Apprentice. Trump also reassured Daniels that he and his wife, Melania, who has just given birth to a son, slept in separate beds.“Oh fuck,” Daniels thought. “Here we go.”They had sex.According to Daniels, the two met again – once repairing to a Beverly Hills hotel room to discuss Trump’s fear of sharks. But they never had sex again.In 2011, Trump flirted with running for president and Daniels tried to sell her story, but Cohen threatened to sue, quashing a magazine interview. A gossip website picked up the thread but no one pulled it.In 2015, Trump did run for president. In 2016, as he dominated the Republican primary, Karen McDougal, a former Playboy model, sold her own Trump affair story to the National Enquirer. It was a “catch and kill” deal, worked out by Cohen and David Pecker, the chairman of American Media. The story never ran.In October 2016, a month before election day against Hillary Clinton, Trump’s campaign was upended by the Access Hollywood tape, in which Trump bragged about groping women. As more women accused Trump of misconduct, an agent for Daniels contacted the Enquirer.Cohen worked out a deal: Daniels would get $130,000 in return for silence. In a CBS interview in 2018, Daniels said she accepted the deal because she was afraid for her family, including her young daughter.Cohen worked out the deal with Trump and Allen Weisselberg, the Trump Organization chief financial officer now imprisoned for tax fraud. Cohen paid $130,000 but was reimbursed $420,000 in payments recorded as “legal expenses”, including a bonus and $50,000 for a payment to a firm that produced rigged polls.In congressional testimony, Cohen said: “Mr Trump directed me to use my own personal funds from a home equity line of credit to avoid any money being traced back to him that could negatively impact his campaign. I did that.”In April 2018, the Wall Street Journal broke the Daniels story. Cohen claimed it never happened. Trump also lied, saying he was unaware of the deal. A month later, he admitted paying Cohen “a monthly retainer not from the campaign and having nothing to do with the campaign”, concerning “a private contract between two parties known as a nondisclosure agreement”.Trump denies having sex with Daniels.But Trump also disappointed Cohen, failing to give him a White House role. And as the federal investigation of links between Trump and Russia continued, Cohen landed in an uncomfortable spotlight. In April 2018, FBI agents raided his office in New York.“Am I El Chapo all of a sudden?” Cohen would write later of the moment.He wasn’t a Mexican drug lord but he was a prize eagerly sought by the law: the man who knew where the bodies were buried in Trump’s world. Cohen flipped.In August 2018, he pleaded guilty on eight federal counts including tax evasion and campaign finance violations linked to the Daniels payments. In December 2018, he was sentenced to three years in prison. The same month, Daniels was ordered to pay Trump $300,000 over a dismissed defamation suit filed by her then (now disgraced) attorney, Michael Avenatti.But the story continued. In February 2019, in testimony to the House oversight committee, Cohen described the Daniels affair and much more.In New York, investigations of Trump’s financial affairs continued. One Manhattan district attorney, Cyrus Vance Jr, bequeathed an investigation to another, Alvin Bragg. Weisselberg pleaded guilty to tax fraud and was jailed. No Trump indictment emerged.Mark Pomerantz, an experienced prosecutor working for Bragg, resigned and criticised the DA for not moving against Trump, who Pomerantz said was guilty of “numerous” felonies. This February, Pomerantz released a book in which he described the Daniels payment as a “zombie case”, because it would not die.Shortly after that, it emerged that Bragg was moving towards an indictment arising from the Daniels payment, reportedly involving falsification of business records, tax fraud and campaign finance violations.On Thursday, news broke of an indictment, reportedly on 34 counts, covering the cheques Trump sent to Cohen.Trump denounced the charge, complaining of political persecution.Cohen told CNN: “It’s a lot of counts, no matter how you want to slice it. Thirty-four is a lot of counts.”Daniels said: “Thank you to everyone for your support and love! I have so many messages coming in that I can’t respond … also don’t want to spill my champagne.” More

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      After indictment, Trump will play the victim – and the tactic will work for many Republicans

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      Comedian Chris Rock gazed out at the audience at an awards ceremony in Washington earlier this month. “Are you guys really going to arrest Trump?” he asked bluntly. “This is only going to make him more popular!”Donald Trump has not yet been arrested but is now the first person to occupy the Oval Office to then be charged with a crime. It also raises the prospect of the Republican favorite for the 2024 presidential race to be running for the White House while also being criminally prosecuted – something likely to bring even more chaos to America’s already deeply fractured political landscape.It emerged on Thursday that a Manhattan grand jury has voted to indict Trump over a hush money payment to the adult film star Stormy Daniels during the 2016 presidential election campaign.Florida-based Trump is now expected to surrender himself on Tuesday to the Manhattan district attorney (DA) to be fingerprinted and photographed for a mugshot – something guaranteed to delight his many opponents, appall his fans and divide the United States even more.30 March 2023 is therefore a day for the history books. It offered an affirmation of the Magna Carta principle that no one, not even the onetime commander in chief, is above the law. The 45th president of the United States is set to stand trial and, if convicted, could find himself behind bars instead of running for re-election.Presidential historian Michael Beschloss said on the MSNBC network: “Tomorrow, in terms of American history, we will be waking up in a different country. Before tonight, presidents in this country were kings.”But while the law is clear, the politics are murky. A criminal charge or even conviction does not prevent someone running for the White House, and Trump is currently leading in opinion polls for the 2024 Republican presidential primary.In the pre-Trump universe, an indictment over a hush money payment to an adult film star would have been career-ending. Candidates have withdrawn from election races for much less.But since 2016, Trump has been a political judo master, turning the weight of opponents and allegations against them to his own advantage. The bigger the alleged crime, the louder he airs grievances and the more he plays the victim – and so far the Republican party has been mostly willing to indulge him.That is the role he will play with an indictment hanging over him. At a campaign rally in Waco, Texas, last weekend, he claimed: “The Biden regime’s weaponization of law enforcement against their political opponents is something straight out of the Stalinist Russia horror show.” He suggested that it is the most serious problem facing America today.In a statement on Thursday following his indictment, Trump said: “This is Political Persecution and Election Interference at the highest level in history… The Democrats have lied, cheated and stolen in their obsession with trying to ‘Get Trump,’ but now they’ve done the unthinkable – indicting a completely innocent person in an act of blatant Election Interference.”Trump will now doubtless set about putting the Manhattan district attorney, Alvin Bragg, on trial in the court of public opinion. He has already used dehumanising and racist language. A social media post, later removed, showed a photo of Trump holding a baseball bat and apparently looming over Bragg, raising fears of violence against him.America’s tragedy is that the tactic will work with many Republicans. That Bragg is a Democrat from New York will trigger a Pavlovian response in Trump’s favor. That the case is seven years old, based on an untested legal theory and has Michael Cohen, a convicted criminal, as a key witness will provide further ammunition.This pattern came into a focus earlier this month when Trump falsely predicted his own arrest. Republicans leaped to his defence and he reportedly raised $1.5m in three days; on Thursday night he quickly sent out another fundraising email.The drama put Trump back where he wants to be: at the centre of the news cycle. Not coincidentally, it also gave him a boost in the Republican primary polls, extending a lead over Ron DeSantis, even as the Florida governor was on a book tour trying to promote his own brand. Everyone was talking about Trump.skip past newsletter promotionafter newsletter promotionSo it was that, after news of the indictment emerged on Thursday, Republicans again came to his aid. Trump ally Kevin McCarthy, the speaker of the House of Representatives, accused Bragg of “irreparably” damaging the country “in an attempt to interfere” in the election.JD Vance, a Republican senator for Ohio, described the indictment as “political persecution masquerading as law”, “blatant election interference” and “a direct assault on the tens of millions of Americans who support him”.But the most telling reaction came from DeSantis himself. This could have been the moment for him to break from Trump and prove statesmanlike, calling for dignity and unity in a solemn moment for the nation. Instead he went full Maga.DeSantis said: “The weaponization of the legal system to advance a political agenda turns the rule of law on its head. It is un-American.” Blowing an antisemitic dog whistle, DeSantis twice linked Bragg to philanthropist George Soros, adding that Florida would not assist in “an extradition request” to send Trump to New York.The spineless responses suggested that, in the short term at least, the indictment will provide a rallying cry for Trump and help rather than hurt him in the 2024 Republican primary. In the for-us-or-against-us binary of American politics, the party base will be for him and against the perceived Democratic elites and the deep state.Yet again, he has thrust America into the political unknown, a twilight zone where precedents do not apply and everyone has to respond on the fly. Can the Manhattan court assemble an impartial jury, and will the timing of the trial collide with the Republican primary?Then, what about the other major legal perils threatening Trump: over the January 6 insurrection, over election interference in Georgia and over the mishandling of classified documents? These cases are arguably more clear-cut and consequential – but not necessarily in the eyes of Republicans. Will he recklessly incite unrest among his supporters?The lesson of the Trump era is that most predictions are wrong. The only certainty is that Thursday will go down as the day when Trump’s age of impunity, in which he was never legally held to account, is over. The man who rose to power leading chants of “Lock her up!” is about to get a taste of his own medicine. More