The case against Trump

The indictment against Donald Trump that was presented in court yesterday charged his with 34 counts, each of which consisted of “falsifying business records in the first degree” that were taken “with intent to defraud and intent to commit another crime and aid and conceal the commission thereof, made and caused a false entry in the business records of an enterprise”.

The indictment itself did not specify the evidence that was used to arrive at these charges but they consist at a minimum of the payment of $130,000 made to Stormy Daniels to prevent her speaking out in public about her affair. Note that it is not the payment itself that is illegal. One question is what was the intent of the payment. If it was meant to influence the outcome of the 2016 election, then that would be a violation of campaign finance law since it could be considered a campaign contribution that exceeds the allowed amounts.
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Trump the creep

During this week when it will be all Trump, all the time, this article in The New Yorker by Ronan Farrow from back in 2018 shows what a pathetic creep Trump is and how his cronies worked out a system for concealing his affairs with Karen McDougal, a former Playboy Playmate, and other women.

Trump and McDougal began an affair, which McDougal later memorialized in an eight-page, handwritten document provided to The New Yorker by John Crawford, a friend of McDougal’s. When I showed McDougal the document, she expressed surprise that I had obtained it but confirmed that the handwriting was her own.

The interactions that McDougal outlines in the document share striking similarities with the stories of other women who claim to have had sexual relationships with Trump, or who have accused him of propositioning them for sex or sexually harassing them. McDougal describes their affair as entirely consensual. But her account provides a detailed look at how Trump and his allies used clandestine hotel-room meetings, payoffs, and complex legal agreements to keep affairs—sometimes multiple affairs he carried out simultaneously—out of the press.

On November 4, 2016, four days before the election, the Wall Street Journal reported that American Media, Inc., the publisher of the National Enquirer, had paid a hundred and fifty thousand dollars for exclusive rights to McDougal’s story, which it never ran. Purchasing a story in order to bury it is a practice that many in the tabloid industry call “catch and kill.” This is a favorite tactic of the C.E.O. and chairman of A.M.I., David Pecker, who describes the President as “a personal friend.”
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Adam ruins AI

Adam Conover was the host of the excellent show Adam Ruins Everything that ran from 2016 to 2019 where in each episode he took apart a popular belief, tackling a wide variety of subjects, using research and experts and humor. A lot of humor. It was similar in spirit to John Oliver’s Last Week Tonight except that Conover has a goofier sense of humor and did not sit behind a desk and had a lot of actors and high production values to help make his points
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He now has a podcast on YouTube where he does similar debunking and it is also worth checking out. In the episode below, he does a brutal takedown of all the recent hype surrounding AI, with the hype about self-driving cars part of the collateral damage.

Get ready for the next 18 months to be very dark

With the indictment of Donald Trump scheduled to take place tomorrow (Tuesday) in Manhattan at 2:15pm Eastern time, this week is going to be all about this case and him. The more he is pushed into a corner, the more he lashes out and the next eighteen months at least are going to be dark times in politics in the US as the indictments against him start to pile up and he has to keep fighting legal battles.

It is clear that Trump is going to portray the next election as akin to Armageddon and so we are headed for a steady diet about how America is doomed to go to hell unless he is re-elected. Susan B. Glasser writes that Trump has a far more sinister vision of America and his role than just a couple of years ago, as can be seen from his speech at CPAC last month.
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Not the usual people Trump likes to surround himself with

On Tuesday afternoon at about 2:00pm Eastern time, Donald Trump will be processed in a Manhattan courthouse as a result of the indictment against him. He will be booked into the system, photographed, fingerprinted, read his Miranda rights, and then walked over to the courtroom to appear before the judge and be asked to plead guilty or not guilty to each of the the charges against him. This will the be the first time that the charges will be made public. It is rumored that the number of charges are around 30 so that could take some time and he will be placed in the embarrassing position of standing quietly before the judge while the charges are read out. For someone who likes to be in control of his immediate surroundings and dominate the conversation, this will be excruciating. I do not believe that the charged person gets to make a statement so he will not be able to rant about how this is all so unfair and a political witch hunt. Then there is the question of bail. It is unlikely that the prosecution will ask for any bail and will let him leave the court under his own recognizance but that little step will add to the humiliation.
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Dominion case against Fox News to go to trial in April

The pretrial maneuverings in the legal case brought by the Dominion voting company against Fox News are over and Delaware Superior Court Judge Eric Davis has ordered that it go to trial. Both sides had petitioned the judge to grant a summary judgment in its favor without a trial. In defamation cases against media organizations, the person claiming injury has to show that the statements made were both false and malicious, in that the speaker knew they were false and yet made them with a reckless disregard for the truth. (The judge’s ruling can be read here.)

Fox News said that when reporting the lies about Dominion machines changing the results to enable Joe Biden to win, it was merely exercising its First Amendment right to cover the news. Dominion said that all the internal communications that it had obtained during the discovery process showed conclusively that Fox News did not believe any of the allegations that its on-air personalities were saying and that hence it amounted to reckless and malicious behavior and that the judge should grant a summary judgment in its favor.
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Even Wall Street welcomes Trump indictment

Donald Trump must have hoped that the stock indices on Wall Street would crash today so that he could claim that they were spooked by his indictment. Instead they went up sharply by about 1.5% which means that investors were pleased by the news.

I am of course being facetious and satirizing the attempts by financial analysts to ‘explain’ the rise and fall of the stock market on factors that have no immediate impact on it. I recall the time when the former Japanese emperor Hirohito, who was very old, would sometimes become ill. Any fall in the stock market would be blamed on that even though no explanation was offered as to why the health of a figurehead head of state of another country would have any impact on financial affairs in the US.

The Trump indictments dam is breached

After weeks, even months, of speculation, the first indictment against Donald Trump was finally issued yesterday by Manhattan district attorney Alvin Bragg. Since the indictment is under seal, we will not know the precise charges that have been leveled against Trump until his arraignment before a judge in Manhattan. The DA had wanted it to take place today (Friday) but Trump’s lawyers said that because of the need to arrange with the Secret Service protection detail, it should take place next week. It is expected to be on Tuesday. Here is what is likely to happen.

Mr Trump’s lawyers have indicated that he will co-operate with New York authorities, so there would be no warrant put out for his arrest.

Mr Trump has his own personal jet, so he could fly into one of several New York area airports and then make the journey to the lower Manhattan courthouse by car.

As part of those negotiations with prosecutors, the court may also agree to grant him a private entrance to the court, instead of the more typical “perp walk” in front of the assembled media.

Once inside, however, Mr Trump will be fingerprinted and have his mug shot taken like all defendants in criminal cases. He will also be read his “Miranda” rights, reminding him of his constitutionally-protected right to a lawyer and to decline to talk to police.

Defendants charged with a felony are typically handcuffed temporarily, although Mr Trump’s lawyers will try to avoid that for their client. Throughout the booking process, he will be accompanied by Secret Service agents.

Mr Trump would then wait in a holding area or cell until his appearance before a judge. The arraignment – the moment where a defendant enters their plea before a judge – is open to the public.

Once the case is booked and a judge is selected, other details will fall into place, such as the timing of the trial and possible travel restrictions and bail requirements for the defendant.

A conviction on a misdemeanor would result in a fine. If Mr Trump were convicted on the felony charge, he would face a maximum sentence of four years in prison, although some legal experts predict a fine is more probable, and that any time behind bars is highly unlikely.

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