Tag: jury
Judge Juan Merchan

Hey Judge! Just Lock Trump Up Already

To hear angry MAGA Republicans tell it, former President Donald J. Trump’s conviction on 34 felony counts of falsifying business records is a shock and an outrage. But how could anybody be surprised? Never mind the evidence presented to the New York jury was voluminous and pretty much uncontested.

For all his bragging and whining, Trump didn’t dare testify — officially. But the judge’s gag order didn’t prevent him from spouting off. That was a Trump lie for the MAGA chumps in the cheap seats.

Legally speaking, has there ever been a bigger loser than Trump? Kevin Drum compiled a list on his invaluable website, jabberwocking.com.

He’s pretty much constantly in one court or another, Trump. And he nearly always loses. Following his 2020 election defeat, the candidate filed 62 — yes, 62 — lawsuits alleging election fraud.

And lost every single one.

Back in 2018, a federal court ordered him to pay $25 million in restitution to students defrauded by the Trump University scam. In 2019, a New York judge ordered the Trump Foundation permanently closed for playing fast and loose with the charitable organization’s funds. He and his family were fined $2 million and forbidden to operate a charity in the state again. Trump whined they should have investigated Bill and Hillary Clinton instead.

So, he sued Hillary. That one ended up costing him only $1 million after a federal judge in Florida ruled the suit was “completely frivolous” and should never have been brought. Trump, the judge wrote, was no babe in the woods: “Mr. Trump is a prolific and sophisticated litigant who is repeatedly using the courts to seek revenge on political adversaries. He is the mastermind of strategic abuse of the judicial process.”

That same day, Trump dropped a lawsuit against New York State Attorney General Letitia James that sought to stall her office’s civil case against the Trump Organization. The resulting trial found the Trump Organization guilty of massive tax fraud. “Their complete lack of contrition and remorse borders on pathological,” Judge Arthur Engoron wrote.

The chief financial officer of the Trump Organization, Allen Weisselberg, pleaded guilty to tax evasion and was sentenced to five months in prison. He subsequently pleaded guilty to perjury and returned to the slammer for another five months.

For his part, Trump called the ruling a “sham,” the judge “crooked” and James “corrupt.” He denounced the case against him as “ELECTION INTERFERENCE” and a “WITCH HUNT.”

Sound familiar? Evidently, the Trump Organization was staffed by cheats and perjurers like Weisselberg and star prosecution witness Michael Cohen from top to bottom.

Everybody but Boss Trump, who knew nothing.

Elsewhere, Trump has brought lawsuits against The New York Times, CNN, NBC News and The Washington Post. All were dismissed due to lack of evidence. He was successfully sued for sexual abuse by magazine columnist E. Jean Carroll and ordered to pay her $5 million in restitution. When Trump continued to mock and malign her publicly, a second jury ordered him to pay her $83 million for defamation. But for the statute of limitations, the judge in the Carroll case commented, Trump could have been convicted of rape.

Needless to say, these levies are all on appeal. Chances are that Trump’s estate will end up owing E. Jean Carroll and the State of New York many millions of dollars in fines and interest.

Meanwhile, the hot-button issue of the day is whether Judge Juan Merchan will put Trump behind bars come his July 11 sentencing. And there, I fear, Trump’s big mouth is giving Merchan no choice.

Normally, a first-time offender of a paper crime would be sentenced to probation. But Trump shows no remorse, only contempt and defiance. During the trial, he openly and repeatedly violated a gag order intended to protect the proceedings against threats to court personnel, witnesses and jurors.

Indeed, Trump continues to defy that order, which remains in force until the judge says it doesn’t. He’s aided and abetted, it must be said, by canting Republican politicians who fear the MAGA horde.

Trump went on Fox & Friends the other day to vend the preposterous lie that he never chanted “lock her up” about Hillary Clinton. Anybody who believes that will believe anything — the hallmark of a MAGA cultist. As for jail time, he said the prospect doesn’t trouble him, but he’s “not sure the public would stand for it … You know, at a certain point, there’s a breaking point.”

And then what? To me, it’s an empty threat. Trump’s been trying to raise a MAGA mob throughout his tenure, and they keep not showing up. People aren’t going to risk their own freedom to save his mangy a**.

But a threat is a threat, and no American court can stand for it. Even if it’s only for a couple of months, Merchan is going to have little choice but to lock him up.

Reprinted with permission from Chicago SunTimes.

There Is A Law-And-Order Party -- But It's Not The GOP

There Is A Law-And-Order Party -- But It's Not The GOP

Monday saw the first day of jury selection in Hunter Biden's trial. It also saw a supportive presence from the Biden family. First Lady Jill Biden was present in the courtroom, even though it was her birthday. So was Hunter’s younger sister Ashley Biden. The defendant entered the courtroom hand in hand with his wife, Melissa Cohen Biden. That’s quite a contrast in family support and presence when compared with … that other trial.

President Joe Biden spent time with his son over the weekend, including a long bike ride together, and issued a public statement of support on Monday morning. That statement is as notable for what it does not say, as for what it does.

“As the President, I don’t and won’t comment on pending federal cases, but as a Dad, I have boundless love for my son, confidence in him, and respect for his strength,” Biden wrote.

Hunter did not pause outside the courthouse to complain about the judge. There was no overnight tirade of social media messages threatening prosecutors, witnesses, and jurors. Instead, the president’s family provided a powerful example of trusting in the law and submitting to the judicial process.

It’s not as if Hunter Biden lacks any reason to complain about the proceedings getting underway on Monday. His charges were brought after a long investigation by a U.S. attorney appointed by Donald Trump. That action came after Trump publicly pressured Attorney General William Barr to go after the Biden family.

“We’ve got to get the attorney general to act,” Trump said in a Fox & Friends interview. “He’s got to act, and he’s got to act fast. He’s got to appoint somebody. This is major corruption, and this has to be known about before the election.”

Not only was the investigation conducted by a Trump-appointed U.S. attorney acting on a direct call from Trump, he’s now being tried before a judge appointed by Trump, who has limited experience in criminal proceedings. The judge hearing the case, U.S. District Judge Maryellen Noreika, is the same judge who blew up a plea agreement with the Trump-appointed prosecutor, and the judge has already ruled out evidence and witnesses that Hunter considered critical to his case.

In his New York criminal trial, Trump repeatedly claimed that the investigation had been instigated by Biden. That wasn’t true. But it is true that the investigation into Hunter Biden was instigated by Trump.

Trump repeatedly claimed that Justice Juan Merchan was appointed by Democrats. That wasn’t true. But Noreika wasn’t just appointed by Republicans, she was appointed by Trump.

Every false claim that Trump made about why his case was unfair is true in the case of Hunter Biden. The trial originated directly as the result of a political prosecution and is being carried out by a prosecutor and judge put in place by Trump.

Hunter Biden has good reason to think that Judge Noreika, who has a reputation for tough sentences, is out to get him, and that every facet of this case is unfair.

But you can bet there won't be any gag order in this case, because it won't be needed. You can also bet that lines of Democrat representatives and senators won't be making a pilgrimage to court, wearing whatever Hunter is wearing, to serve as attack proxies. When it comes to President Biden's statement, there is no hint of complaint about the judge or prosecutors.

Hunter Biden, and his family, will allow this to play out as the law demands. They may be disappointed by the results, but they won't blame the outcome on a corrupt system.

Because this is America, and there is still one party that respects the law.

Reprinted with permission from Daily Kos.

Russia ‘Witch Hunt’ Claims Collapse With Jury Decision And New Revelations

Russia ‘Witch Hunt’ Claims Collapse With Jury Decision And New Revelations

The Fox News-fueled Justice Department probes then-President Donald Trump demanded as rebuttals to special counsel Robert Mueller’s investigation generated plenty of frothy Fox content. They also gave Republican partisans excuses to discount the obviously unethical and potentially illegal behavior of Trump and the crimes of his underlings. But efforts to turn the network’s conspiracy theories into federal cases have tended to diminish and fail under the scrutiny of prosecutors, judges, and juries.

Years of claims from Sean Hannity and others at Fox that a criminal probe had been needed to “investigate the investigators” received two body blows on Tuesday. First, a jury found former Clinton campaign lawyer Michael Sussmann not guilty of lying to the FBI in one of the few charges brought by special counsel John Durham’s three-year probe of the origins of Mueller’s investigation. And that night, newly released documents revealed that a Trump-appointed U.S. attorney assigned by then-Attorney General William Barr to review allegations regarding the purportedly sinister “unmaskings” of former Trump adviser Michael Flynn and other people associated with Trump’s transition team had concluded in September 2020 that those actions had been routine and that no criminal investigation into them was justified.

Hannity and his fellow travelers had responded to the initiation of Mueller’s probe into Russian interference in the 2016 election by furiously manufacturing a counternarrative in which Trump and his associates were victims of a witch hunt and the real crimes were all committed by overzealous, anti-Trump investigators. The Fox hosts’ coverage created incentives for Republican politicians to join in, and over the years, they together concocted a hodgepodge of slipshod allegations. The pseudoscandal’s shorthand quickly became impenetrable to anyone who wasn’t a regular viewer of the network, with adherents throwing around terms like Obamagate, #ReleaseTheMemo, Uranium One, and Operation Boomerang, to name a few. Hannity’s cabal claimed that a legal reckoning was coming for an array of high-ranking public officials, including former President Barack Obama and former Secretary of State Hillary Clinton.


Hannity, for his part, described Durham’s appointment in 2019 as a “major, huge development” that would give “the deep state … every reason to be afraid, every reason to panic.” He later argued that if the investigation did not result in convictions, “the great American republic will disintegrate before your eyes.”

The Durham probe has provided Fox with years of content. The network has aired more than 2,000 weekday segments that discussed his investigation or the origins of the Mueller probe since his May 2019 appointment, more than 500 of which came after he was named special counsel in October 2020, according to Media Matters' internal database. And Trump eagerly watched the coverage — during a September 2020 presidential press conference, he reeled off half a dozen shows that had covered the investigation that day, calling it “the biggest political scandal in the history of our country” as he tried to use the cloud of the phony scandal to bolster his reelection campaign.

However, Durham’s investigation has proven less effective in court. His prosecutors secured a guilty plea from former FBI lawyer Kevin Clinesmith for altering a document used to justify the surveillance of a Trump campaign aide, but the judge believed Clinesmith’s argument that he had not intended to mislead his colleagues but had inserted words he believed were accurate and sentenced him to probation. Sussmann, charged with a single count of lying to an FBI agent over his role in an aspect of the Russia story so minor that Hannity had barely mentioned it, was found not guilty by a unanimous jury, with the forewoman stating that the government had wasted their time. The only person remaining on Durham’s public docket is Igor Danchenko, a Russian national who contributed to the Steele dossier and is charged with five counts of making false statements to the FBI.

Durham’s investigation has now dragged on for more than three years. During that time the Justice Department’s inspector general concluded that the Russia probe was properly predicated. It is reasonable to conclude both that Durham does not have the goods and that he has inadvertently debunked the conspiracy theory he was appointed to prove. By contrast, it took Mueller’s team less than two years to deliver a completed report detailing Russia’s “sweeping and systemic” interference on Trump’s behalf in the 2020 election and Trump’s own potential criminal actions, and his prosecutors secured guilty pleas or convictions against a lengthy list that included Trump’s 2016 campaign chair Paul Manafort, his deputy, Rick Gates, Trump’s longtime political consigliere, Roger Stone, and his first national security adviser, Michael Flynn.

But Fox narratives can never really fail, they can only be failed – the likes of Hannity will never admit they got it wrong. Instead, the Fox prime-time host opened Tuesday night’s show by claiming that “America's two-tiered system of justice is alive and well” and arguing that Sussmann’s jury was “tainted.”

“In my humble opinion, Durham likely knew exactly what he was up against in the D.C. courts knew the makeup of the jurisdiction and the D.C. swamp is leftist liberal and likely was not counting on a conviction as much as getting more important information out to the general public,” Hannity later added. “In other words, this is a preview of coming attractions. Forget about Sussmann. It's the system, what the system is.”

At around the same time Hannity was telling his audience that justice was right around the corner, another aspect of Fox’s counternarrative collapsed.

In May 2020, Richard Grenell, an unscrupulous political operative then ensconced as acting director of national intelligence, produced what he claimed was a list of senior Obama administration officials who “unmasked” Flynn, receiving his name after they followed the National Security Agency’s standard process and asked the agency to reveal the identity of an individual generically referenced in an NSA report. While it was always unclear that the unmasking had been inappropriate, Fox gave the story wall-to-wall coverage, running at least 250 weekday segments that touched on the “unmasking” story or the broader “Obamagate” conspiracy theory that month alone, according to Media Matters’ database.

But on Tuesday night, Buzzfeed’s Jason Leopold and Ken Bensinger produced a September 2020 report then-U.S. Attorney John Bash authored for Barr indicating that his review had found no predicate for a criminal investigation and concluding that senior Obama officials had not unmasked Flynn “for political purposes or other inappropriate reasons.” Indeed, Bash concluded that contrary to the overheated Fox rhetoric that flowed from Grenell’s document, "all but one of the requests that listed a senior official as an authorized recipient of General Flynn’s identity were made by an intelligence professional to prepare for a briefing of the official, not at the direction of the official.”

Over the years, Fox took its audience down a rabbit hole, and the Justice Department followed. But the lack of successful prosecutions does not mean that Fox’s effort was fruitless. The House select committee Fox demanded to investigate the 2012 Benghazi attacks found no illicit actions by Hillary Clinton, but it did uncover her use of a private email server, and while the FBI investigation into her activity ultimately cleared her, the resulting political damage likely cost her the 2016 presidential election.

Fox-fueled investigations may not put anyone in jail – but they can still stir up enough political controversy to help the GOP win elections. And for a propaganda organ that effectively runs that party, that may be enough.

Reprinted with permission from Media Matters.

Police Arrest Dozens To End Ferguson Protests In Downtown L.A.

Police Arrest Dozens To End Ferguson Protests In Downtown L.A.

By Richard Winton, Kate Mather, Angel Jennings, Tre’vell Anderson, Samantha Masunaga, Marisa Gerber, Brittny Mejia, Ruben Vives, Taylor Goldenstein and Frank Shyong, Los Angeles Times (TNS)

A large demonstration against a Missouri grand jury’s decision not to indict a white police officer in the shooting death of a black teenager ended early Wednesday morning in downtown Los Angeles when police officers in riot gear surrounded a group of several dozen protesters.

At about 12:45 a.m., Los Angeles police told the group they were under arrest and ordered the crowd to sit down. Two police buses arrived near the intersection of Temple Street and Broadway. A police spokesman said the arrests were made on charges of disorderly conduct.
The LAPD also arrested 33 protesters at the intersection of Flower Street and 9th Street, according to Capt. Martin Baeza.

It was not immediately clear how many total arrests were made. Up until the late-night incident, the LAPD had arrested just four people in connection with the demonstrations. The California Highway Patrol had also arrested four people in connection with multiple attempts to block local freeways.

The crowd marked the remnants of a large rally outside LAPD headquarters that splintered into roving groups that had disrupted traffic in the area throughout the night. Tuesday’s protests began in South L.A. at about 3 p.m. and steadily moved east to the 110 Freeway. The majority of protesters were peaceful, but some became unruly as the night wore on.

After protesters caused repeated freeway, road and rail closures, they spread out throughout downtown and caused mayhem for motorists on local roads.

More than 100 protesters meandered through the streets and sidewalks near L.A. Live, briefly closing down traffic at Georgia Street and Olympic Boulevard. Nearby movie theatre Regal Cinemas locked its doors, allowing only customers with tickets inside. Police officers in riot gear formed human walls to block protesters from disrupting traffic on the freeway.

Another group outside LAPD headquarters began to march south on Main Street, then headed west on First Street toward Broadway. They left a handful of protesters behind, who drew chalk messages on the sidewalks and wrote anti-LAPD graffiti. A few gathered in a tight circle and sang freedom songs, their voices bouncing off of tall buildings.

Protesters briefly shut down the 101 Freeway in both directions after they placed barricades and metal debris on the road. Motorists trying to escape the jam flooded onto side streets in downtown Los Angeles. As cars packed Cesar Chavez Boulevard, a small group of protesters lay down where the street intersects with Grand Avenue, causing another traffic jam.

Some protesters jumped on a police cruiser near the Hall of Administration on Temple Street and posed for pictures. One of them was detained. A group of about 20 protesters sat down on Temple Street, forcing a truck to reverse and drive along Grand Avenue.

One officer was injured when a protester hurled a bottle of frozen water that struck the officer’s head, an LAPD spokeswoman said.

A small group of demonstrators seemed to be seeking confrontations with police and frequently tried to move the protests onto freeways to disrupt traffic. At least one patrol car appeared to have been defaced with graffiti.

Members of the crowd tried to stop fellow protesters from getting violent, shouting at them to stop.

Throughout the night, demonstrators clashed with each other about what form their protests should take. Some suggested heading to Beverly Hills, while another group split off and walked in a totally different direction.

Elan Lee, 27, watched a man throw a plastic bottle and asked him to stop. A group of men began to argue with her, telling her that both peaceful and violent protests are necessary.
“It was just seeing how mad he was,” Lee said, tears welling. “It made me sad to see someone so angry. … I don’t want throwing a bottle to cause the media to say protests are violent because they’re not.”

Lee, a downtown resident, said she understands the anger but she thinks there’s been enough violence.

“I just want a peaceful movement,” Lee said. “Enough is enough.”

Others felt that some protesters were simply taunting police to collect accolades on social media, where multiple demonstrators were posting pictures.

“Half of this protest I feel like is baiting cops … sort of about proving who you are against the police,” said Wilder Bunke, 21, of Hollywood, who was critical of actions by some in the crowd. “The modern-day “… the police” isn’t shooting a cop, it’s posting a picture of yourself posing with a cop car on Facebook or Twitter.”

Bunke said he felt some were demonstrating for the wrong reasons.

“I support the protest, I support this stand against police brutality and the institution of racism, but the antics of protesters are what delegitimize the protest as a whole.” he said.

Demonstrators said they were combating a sense of defeat and helplessness after the grand jury’s decision.

“Even though this might not do anything, being silent is much worse,” said Dylan Farr, 22, of Glendale.

His sister, a doctoral student at USC, was with him.

“I am angry and I feel powerless to change the way things are,” said Brittany Farr, 26. “It feels good to register my frustrations in a public way.”

Protests took a different form at Holman United Methodist Church, five miles from L.A. Live, where clergy and community groups called for peace and for collaboration.

More than 60 people from various faiths and ethnicities gathered in the church’s social hall about 7:30 p.m. to talk and pray about systematic change.

“I am disappointed, disturbed, but yet still determined … that we can display righteous anger, but do that in a constructive way,” said Kelvin Sauls, the senior pastor at the church.

“This moment and these moments we’ve had must become a movement,” he said.

In San Diego, several hundred protesters shut down a portion of Interstate 15 in the City Heights neighborhood for about 30 minutes Tuesday night. The crowd was moved off the freeway by San Diego police and CHP officers.

At least one person was arrested. There were no immediate reports of injuries or property damage.

A second protest march took place in downtown San Diego without incident.

AFP Photo/Jewel Samad

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