Tag: judge
Judge Juan Merchan

How Trump's Hush-Money Trial Is Testing Mainstream Journalism

Monday was genuinely historic. For the first time since the nation was founded, a jury sat down to hear criminal charges against a man who once served as the nation’s highest executive. Despite months in which pundits had dismissed this case as the weakest of the criminal cases Donald Trump is facing, the prosecution got off to a powerful start, outlining for the jury Trump’s long history of scandal, cover-up, and playing fast and loose with legalities.

Judge Juan Merchan kept things moving quickly. Even though Monday was a half day to allow everyone to go home for the Passover holiday, the trial moved through opening statements from both sides and saw the first witness take the stand.

That first witness was David Pecker, the former publisher of the National Enquirer. Though Pecker was only on the stand for a few minutes on Monday before the shortened day was called to a halt, his testimony, along with the opening statement from prosecutor Matthew Colangelo, made clear that this case is not only going to be a challenge for Trump, it’s also going to be a challenge to journalism.

In his brief appearance Monday, Pecker was open about how the National Enquirer did business. As The Washington Post reports, Pecker described the process at the Enquirer using a term that makes many journalists at more reputable outlets sneer: “checkbook journalism.”

That is, to get the stories that decorated the paper’s lurid pages, Pecker and his colleagues at the National Enquirer simply took the very direct route of opening up the checkbook and paying for them. Compared to hiring investigative reporters and the associated resources of a solid newsroom, this can be a relatively inexpensive way to operate. And when it comes to juicy behind-the-scenes tales of globe-trotting celebrities, checkbook journalism may be the only way to get the stories otherwise hidden from the public.

As Pecker made clear, those checks were often cut to hotel workers, limo drivers, or other workers who stood around being socially invisible while celebrities were at play.

Paying for a story may seem morally questionable, and many schools of journalism would hold it unethical. But is it really that much more dubious than hiring Ronna McDaniel to provide news commentary, or populating your whole newsroom with former Trump staffers?

The stories served up by the National Enquirer are often designed to feed prurient interests, but there’s another form of journalism that may be far more destructive than writing a check to someone who very likely needs it. And a big hint at that kind of journalism also surfaced in the first morning of the trial.

Midway through Colangelo’s opening statement to the jury, New York Times crime reporter Jonah Bromwich was struck by a singular thought about the story of how Trump’s relationship with Stormy Daniels was kept out of the news.

For years, this story has been told by reporters with caveats and caution. So it’s really striking to hear Colangelo lay the hush money scheme directly at Trump’s feet, with perfect clarity. “It was election fraud, pure and simple,” Colangelo says bluntly.

That certainly is “striking.” And it absolutely begs the question of why reporters would have spent years tiptoeing around this story. Why did Colangelo’s statement seem so shocking when compared to other reporting on these same events?

Bromwich might want to ask that of the other New York Times reporter working from the courthouse on Monday, Maggie Haberman.

Haberman and her bosses at the Times might turn their noses up at the idea of breaking out a wallet for checkbook journalism, but they certainly seem to be open to even more damaging access journalism.

As The New Yorker reported in 2023, Haberman has long been Trump’s personal chronicler, regarded as a “safe” and “friendly” choice when Trump needed to add some faux dignity to some claim or event. Haberman could not only be counted on to edit events to prevent Trump from coming off too badly, but she saved up some of the juiciest events she witnessed, leaving them out of real-time reporting to later drop it in her book. That included withholding knowledge that Trump intended to stay in the White House after losing the 2020 election to President Joe Biden.

Haberman was far from alone when it came to withholding critical information from the public. For example, ABC News' chief Washington correspondent, Jonathan Karl, did not mention a memo from former White House chief of staff Mark Meadows describing the whole scheme to undo Biden’s victory until Karl had a chance to drop that memo in his book nearly a year later.

The New York Times’ coverage of Monday’s court action includes its disdain for the kind of journalism practiced at the National Enquirer. In describing the catch-and-kill scheme Pecker created to protect Trump, the Times wrote, "In the world of tabloid journalism, where ethical lines are blurry, deciding what to publish and why is often a calculus that covers favors doled out and chits called in."

But how does that “blurry” world differ from the kind of access journalism practiced at The New York Times and other major news outlets? When a journalist is more interested in maintaining a source than delivering the truth, questions get pulled and hard facts are omitted. AsEditor & Publisher reported in 2021, even when a source lies to a reporter, the source is rarely dropped because reporters may feel they could need that source again in the future.

Bromwich found the story of Trump’s crimes so “striking” because prosecutors were doing what the Times is supposed to do, delivering a naked, straightforward accounting of the events without pulling punches or dropping in a charming little diner for folksy insights.

As CNN reported earlier this month, The New York Times seems to be fixated on polls about President Joe Biden’s age, while giving scant attention to Trump’s borrowed Hitler quotes or his desire to be a dictator. Few major media outlets seem to be interested in critically reporting the violent rhetoric Trump uses at his campaign rallies or the way his speeches frequently dwindle into gibberish.

And as theSan Francisco Chronicle said about Haberman squirreling away vital information:

In this instance, if Trump was so unstoppered he had started to conjure a coup, that’s news with a half-life of right now. Whistles must be blown, play stopped, the 25th Amendment consulted, Mike Pence invited in to measure the Oval Office for new drapes. At once.

Maybe the truth wouldn’t be so striking if the New York Times would report it more often.

Reprinted with permission from Daily Kos.

Trump Criminal Trial 'Full Steam Ahead' After Motion Denied

Trump Criminal Trial 'Full Steam Ahead' After Motion Denied

New York State Supreme Court Judge Juan Merchan has denied Donald Trump’s “last-ditch bid” to delay trial in District Attorney Alvin Bragg’s 34 count criminal felony case alleging the ex-president falsified business records to hide what some have called “hush money” in an effort to protect his campaign in the 2016 election.

Trump had requested the trial be delayed until the U.S. Supreme Court ruled on his presidential immunity claim, but Judge Merchan told Trump’s attorneys they waited too long to make the request, and denied it in full as “untimely.”

“This Court finds that Defendant had myriad opportunities to raise the claim of presidential immunity well before March 7, 2024,” Merchan wrote.

Legal experts praised Merchan’s ruling.

“This case is going to trial in 12 days. Trump needs to get ready to face it,” wrote national security attorney Bradley Moss.

“Criminal accountability in NY is nigh,” said professor of law, MSNBC/NBC News legal analyst, and former FBI General Counsel Andrew Weissmann. “The 4/15 NY criminal trial is going forward, so Donald needs to fasten his seat belt — it’s taking off.”

“Another day, another one of Trump’s motions to dismiss has been denied. His New York criminal trial is moving full steam ahead,” noted attorney Aaron Parnas.

Reprinted with permission from Alternet.

Trump Again Attacks Judge Merchan's Daughter -- This Time By Name

Trump Again Attacks Judge Merchan's Daughter -- This Time By Name

New York Supreme Court acting justice Juan Merchan may have prevented former President Donald Trump from attacking witnesses with his gag order, but Trump is still continuing his attacks on the judge and his daughter, Loren, unabated.

In a Thursday post to his Truth Social account — which is followed by roughly 7 million of the ex-president's most devoted supporters — the 45th president of the United States mentioned the judge's daughter by name in an angry screed calling for Merchan to be removed from the Manhattan hush money case.

"Judge Juan Merchan is totally compromised, and should be removed from this TRUMP Non-Case immediately. His Daughter, Loren, is a Rabid Trump Hater, who has admitted to having conversations with her father about me, and yet he gagged me," Trump wrote. "She works for Crooked Joe Biden, Kamala Harris, Adam 'Shifty' Schiff, and other Radical Leftists who Campaign on 'Getting Trump,' and fundraise off the 'Biden Indictments' - including this Witch Hunt, which her father 'presides' over."

The ex-president's attacks Loren Merchan are likely due to her work as a political consultant. Her firm, Authentic Campaigns, has performed services for various high-profile Democratic clients including the Biden-Harris campaign. The company's website also features a testimonial from Schiff.

However, Trump's suggestion that Loren Merchan's political work is playing a role in how her father handles cases in his courtroom is unproven, as is his argument that she currently works for Biden. Earlier this week, NBC News reported that "There’s no available evidence to suggest that Merchan’s daughter has done any subsequent work for Biden and no evidence to suggest that she ‘now’ works for a Biden political operation."

Another major sticking point for Trump in his attacks on Merchan's daughter revolve around an account on X/Twitter with the handle @LorenM426, whose profile avatar is a photo of Trump behind prison bars. However, the Hill reported that Loren Merchan deleted the account more than a year ago. The New York Office of Court Administration (OCA) stated that the account has a different owner.

"It is not linked to her email address, nor has she posted under that screenname since she deleted the account," OCA spokesperson Al Baker said. “Rather, it represents the reconstitution, last April, and manipulation of an account she long ago abandoned.”

Judge Merchan is overseeing Trump's first scheduled criminal trial, in which the former president is defending himself against 34 felony counts of falsifying business records. Manhattan District Attorney Alvin Bragg aims to prove to the jury that the $130,000 hush money payment to adult film star and director Stormy Daniels was an illegal campaign expenditure, as the money was intended to buy her silence in advance of the 2016 presidential election.

While the trial was intiially planned to begin on March 25, the jury selection process was moved to April, after a last-minute document dump from the US Attorney's Office for the Southern District of New York (SDNY). In January, Trump requested records from the SDNY pertaining to its prosecution of former Trump lawyer Michael Cohen, who pleaded guilty in 2018 for his role in the hush money scheme, as well as for tax evasion. SDNY released more than 200,000 pages of documents in relation to Trump's request, prompting his attorneys to request a 90-day delay in proceedings. Bragg countered with a 30-day delay. Merchan ruled that the trial would instead start on April 15.

Reprinted with permission from Alternet.

In New York Criminal Trial, Trump Attacks Judge Merchan -- And His Daughter

In New York Criminal Trial, Trump Attacks Judge Merchan -- And His Daughter

Donald Trump blasted the judge overseeing his first criminal trial and singled out his daughter for an attack.

The former president lashed out Tuesday morning after New York Supreme Court justice Juan Merchan refused to further delay his trial in the hush money case involving porn actress Stormy Daniels and scheduled jury selection to begin April 15, and Trump repeated his claims that the prosecution was politically motivated.

"Judge Juan Merchan, a very distinguished looking man, is nevertheless a true and certified Trump Hater who suffers from a very serious case of Trump Derangement Syndrome," Trump posted on Truth Social. "In other words, he hates me!"

The ex-president and his sons Donald Trump Jr. and Eric Trump have attacked Merchan's adult daughter, who served as director of digital persuasion for Kamala Harris' 2020 presidential campaign and worked indirectly for the Biden-Harris 2020 presidential campaign through a communications firm that contracts with progressive campaigns.

"His daughter is a senior executive at a Super Liberal Democrat firm that works for Adam 'Shifty' Schiff, the Democrat National Committee, (Dem)Senate Majority PAC, and even Crooked Joe Biden," Trump posted.

The former president's lawyers had asked Merchan to recuse himself, but a New York advisory committee on judicial ethic concluded that that his impartiality could not "reasonably be questioned" based on his daughter's position or a $15 donation he made to the Biden-Harris campaign.

Trump then went after Merchan for sentencing his longtime accountant Allen Weisselberg to five months in jail after he pleaded guilty to 15 counts of tax fraud, and the judge will sentence him again April 10 after he pleaded guilty to perjuring himself in testimony in the former president's civil fraud trial.

"He was recently the judge on an unrelated trial of a long term employee, elderly and not in good health.," Trump posted. "This judge treated him viciously, telling him either you cooperate or I’m putting you in jail for 15 years. He pled, and went to jail for very minor offenses, highly unusual, served 4 months in Rikers, and now they are after him again, this time for allegedly lying (doesn’t look like a lie to me!), and they threatened him again with 15 years if he doesn’t say something bad about 'TRUMP.' He is devastated and scared!"

Reprinted with permission from Alternet.