Finally Friday Reads: What’s a democracy to do?

“You know, when the jury is seated, Trump won’t be able to contain himself.” John Buss, @Repeat1968

Good Day, Sky Dancers!

We’ve had incredibly stormy weather down here this week. Almost all the streets a few blocks downhill from me flooded, and Uptown became a surfing safari. Even City Hall was closed for the day. The winds were wild. A tornado severely damaged a small city on the North Shore close to the Mississippi Border. Fortunately, I had just bought groceries, and the electricity stayed on. It was a good week to just read a book in many ways. This weekend is the quiet before the next storm. It’s a named storm like many that go into the history books. It’s officially entitled “The People of the State of New York v. Donald J. Trump.” We all know it as the Stormy Daniels Hush Money Case.

The first place to check to get the facts of the case as we know it is Forbes Magazine. Staff writer Alison Durkee has a bulleted timeline to highlight everything known to date. “Trump And Stormy Daniels: What To Know About Hush Money Saga That Led To Ex-President’s First Criminal Trial.”

Former President Donald Trump will go on trial in Manhattan next week as he faces felony charges for falsifying bank records—the first of his criminal cases to go to trial—which will mark the culmination of a yearslong saga stemming from his alleged affair with adult film actress Stormy Daniels and a “hush money” payment made during his 2016 campaign to keep her quiet.

Kristal did not want to hear any news yesterday afternoon. I imagine a lot of us are Kristal.

This is a historical trial. He’s the first Former President to be criminally indicted. Trump faces 34 felony charges of falsifying business records in the first degree. These charges carry a maximum sentence of 136 years if convicted on all counts. Since Trump is a criminal defendant on parole, he must attend court daily. Unless they can sedate him with tranquilizers that would stun an elephant, I doubt he can hold it together. You see, my friend John agrees with that assessment. The list of witnesses is trickling out through the media. This is from MSNBC.

NBC News obtained a list of potential witnesses for the prosecution in Trump’s hush money trial. The list includes Stormy Daniels, Karen McDougal, Michael Cohen, and Hope Hicks among other Trump associates.

Politico has a long story today about Michael Cohen and his testimony next week. “Michael Cohen on the Trump Trial: Prepare To Be Surprised. Trump’s former attorney on the hush money trial, how he’s preparing for life as the key witness and who he expects Trump will choose as a 2024 running mate.” Ryan Lizza interviewed Cohen, which is the central part of the article.

Trump’s defense is going to be to paint you as an untrustworthy witness. He’s going to cite your guilty plea for lying to Congress, and the fact that the Justice Department declined to offer you a cooperation deal because prosecutors thought you lied to them. And he’ll say you’re out for revenge and that you have a financial incentive to see him convicted. So how do you defend yourself from those accusations?

I wish that when people state that “you lied to Congress,” that you’d do me the courtesy — do yourself the courtesy — of finishing the sentence. What is the sentence? That I had done that, really, for the benefit of Donald J. Trump. And that lie centered around the number of times that I had stated that I spoke to Donald about the failed Trump Tower Moscow real estate project — in conjunction with other lawyers Jay Sekulow, Abbe Lowell, Ty Cobb, with other individuals like Alan Garten or Ivanka [Trump] and Jared [Kushner]. Everybody worked on that statement. I was just the fool who went ahead and read it into the record and submitted it. But what benefit did I have in terms of saying three times versus 10? That’s the lie: That I claimed to have spoken to Donald three times about the failed Trump Tower Moscow real estate project, when the true answer was 10.

I appreciate you putting it in context. With these other accusations, is that the way you approach it: You put those things in context for the jury so that they understand them, and what sounds like a dramatic allegation can be defanged?

Absolutely. There is a ton of misinformation, disinformation, malinformation that has been put out there by Trump and acolytes literally since the Steele dossier. We all know that the Steele dossier was completely inaccurate, as it related to me. I don’t even talk about any of the other allegations raised in that garbage document.

Hey, look what I found on the side of the street while walking Temple. You’d think gold spray paint and a Sharpie signature would last longer!

Can you imagine the energy in that courtroom when he takes the stand, and Trump has to just sit there? So, most of us know the basis of this story and have been pummeled by it for such a long time. I might as well go to that level since so many of these concerns are about killing tabloid stories. This is the first time I’ve seen someone get the dirt on Melania’s reaction to the allegations. This is from HuffPo. It’s reported by Ed Mazza. “Ex-Aide Reveals What ‘Humiliated’ Melania Trump Did After Stormy Daniels News. Stephanie Grisham also explained why the ex-president is probably “quite worried” about his wife right now.”

A former aide to Melania Trump said former President Donald Trump’s looming trial in the Stormy Daniels hush money case could be causing some stress in their marriage.

“I spent a ton of time with her when the news was breaking about Stormy Daniels,” Stephanie Grisham said on CNN on Wednesday. “And she didn’t take it lightly at all.”

Daniels claimed to have had an affair with Trump from 2006-2007, while Melania Trump was caring for the couple’s then-infant child. Grisham said separate allegations of an affair with Playboy Playmate Karen McDougal also led to tensions in the White House.

“We went to the State of the Union separately. She refused to walk out to Marine One with him because she didn’t want to be like Hillary Clinton and standing by her man,” said Grisham, who was chief of staff to the then-first lady before becoming White House press secretary under Donald Trump. “She’s a very independent and strong woman.”

She said she believed Melania Trump would “push” her husband to go on the witness stand during the hush money trial, which is set to begin next week, to defend himself in public.

“This is very, very embarrassing for her. It’s humiliating for her,” she said. “And I can guarantee you that she’s not happy right now and that he’s quite worried about that.”

You may watch the video here on CNN. Frankly, I just couldn’t get past the Botox lips. While this is all historical, sensational, and tacky, I still have this question. The analysis is also from Politico. It’s provided by James Romoser. “How Donald Trump Gets Special Treatment in the Legal System. The former president rails against a “two-tiered system of justice.” But he’s the one benefiting from it.” This is what my Inquiring Mind wants to know.

A firebrand politician named Donald is about to stand trial. Just a few days before jury selection, he goes on TV to slam the charges as baseless and biased.

“The FBI and the Justice Department,” he insists, have “targeted” their political opponents in a burst of partisan persecution.

The rhetoric sounds familiar, but this is not a story about Donald Trump. It’s about a man named Don Hill, a former Dallas City Council member who was facing bribery charges 15 years ago.

The telltale clue that this isn’t about Trump is what happened next: The judge, upset by the attempt to taint the jury pool, slapped the politician-turned-defendant with criminal contempt and ultimately sentenced him to 30 days in jail for violating a gag order.

Today, Trump routinely spouts invective far more inflammatory than anything Hill said. He denigrates prosecutors. He lies about his cases. He vilifies the judges overseeing them — and then vilifies their wives and daughters, too. Yet Trump has never faced the swift repercussions that were imposed on Hill — and are routinely imposed on other defendants in America.

Instead, Trump gets special treatment.

“I can’t imagine any other defendant posting on social media about a judge’s family and not being very quickly incarcerated,” said Russell Gold, a law professor at the University of Alabama.

As Trump prepares to begin his first criminal trial on Monday in New York, the tolerance of his tirades is perhaps the most glaring sign of the judicial system’s Trump exceptionalism. But it’s far from the only example. Over the past year, in ways large and small, in criminal cases and civil ones, Trump has consistently been given more freedom and more privileges than virtually any other defendant in his shoes.

Some judges in Trump’s cases may have afforded him unique leeway in hopes of avoiding any appearance that they are meddling in the 2024 campaign. Indeed, Trump’s role as a presidential candidate — one who is always eager to play the martyr — complicates the task of prosecutors and judges eager to lower the temperature of the proceedings. Penalizing Trump before he’s ever convicted of anything could stir a backlash and trigger more heat, not less.

Tom Toles Editorial Cartoon

The central question to every discussion I have with anybody concerning Trump and his trial antics is, How The FUCK does this guy get away with it? The interesting analysis this week that Kristal avoided was the comparison between OJ Simpson’s epic trial and Trump’s endless trials. The answer is, “And when you’re a star, they let you do it. You can do anything.” It took me a while to determine the resounding difference between my black and white colleagues’ reactions to the trial verdict as we watched its announcement in our corporate lawyer’s office. It was, for once, the system did to a rich black guy (football star, football announcer, and movie star) what they always do for rich and famous white men. OJ had an excellent lawyer and the prosecutors weren’t up to the challenge.

The jury saw the opportunity to make a point. Johnny Cochrane was a well-paid and extremely brilliant lawyer who knew how to do his job. I can’t say Donald will have that exact representation. Kaitlin Collins at CNN has this story. “Trump attorney who became a crucial witness against him has departed legal team.” OJ eventually got caught doing more crimes and did time. Will one of these criminal suits put this asshole in jail please?

More from Romoser.

But even in the civil fraud case — which by all accounts was a devastating loss for Trump and his businesses — there were nonetheless signs of special deference. Justice Arthur Engoron, who oversaw the trial, was extraordinarily tolerant of Trump’s courtroom antics and outbursts. During a day of testimony in November, Trump essentially converted the witness box into a campaign stump — a privilege few other witnesses would receive.

Engoron ultimately issued the nearly half-billion-dollar penalty, and Trump seemed headed toward a financial crisis when he was unable to secure a bond to stave off the immediate enforcement of the verdict.

But after Trump complained to a New York appeals court, a panel of judges intervened with an unexpected 11th-hour reprieve, issuing a terse, unexplained order that sharply reduced the bond amount that Trump had to post while he appeals the verdict. The decision ensured that Trump wouldn’t have to start selling off assets and that James couldn’t start seizing them.

The American legal system is currently undergoing a Trump-induced stress test, one that will only intensify when Trump’s Manhattan trial begins on Monday.

Each day, during breaks in trial, he’ll stand in the hallway outside the courtroom and denounce the charges. He’ll continue to test the bounds of the gag order that the judge in the case, Justice Juan Merchan, recently imposed. He may even mutter “witch hunt” within earshot of jurors, as he’s done before.

Voters will be watching. So will the prosecutors in his other criminal cases — all of whom are trying, but so far failing, to bring him to trial before Election Day. Those prosecutors have left unsaid the reason why the timing matters so much, but everyone involved knows it: If Trump is elected president again, all pending criminal cases will stop in their tracks.

This is an extremely long article, but it is definitely worth reading. It capsulizes everything most of us have been wondering about these long Trump-filled years. One more Trump Trial note, and I’m off for the weekend. This is from The Daily Beast and reported by Jose Pagliery. “Trump Bond’s Cayman Connection ‘Stinks to High Heaven.’ The company that saved Donald Trump with a $175 million bank fraud bond is playing an insurance game that has experts questioning whether New York will ever see the money.”

When the questionably leveraged company that rescued Donald Trump with a last-minute $175 million court bond insured itself with its own parent company, it raised concerns about how the company was playing with its finances.

But now, as even more details come out about that parent company—particularly that it’s based in the Cayman Islands, a notorious tax haven—the concerns are just piling up.

Former industry regulators and investigators told The Daily Beast that Knight Specialty Insurance Company being financially backed by a firm based in the Cayman Islands should raise eyebrows at the New York AG’s office—particularly because companies frequently organize in the Cayman Islands not just to avoid taxes, but also to minimize visibility into its business practices, avoid more stringent U.S. regulations, and make liability harder should things go wrong.

All of those concerns could come into play if the New York Attorney General has to chase the company down for the money Trump currently owes for committing bank fraud.

“This just stinks to high heaven,” said Dave Jones, who oversaw the nation’s largest insurance market as California’s insurance commissioner for seven years until 2018.

“Taken in its totality, this dog does not hunt. Along every step of the way, this purported bond is problematic. It’s just one issue after another that calls into question whether this bond could ever possibly satisfy the judgment,” said Jones, who’s now the director of the Climate Risk Initiative at University of California Berkeley.

Former regulators described a potential worst-case scenario: Trump loses his bank fraud case on appeal and refuses to pay, the insurance company can’t actually come up with the money, and the New York Attorney General runs into problems chasing after a second company that never explicitly promised to pay this particular court judgment—and is based in a little-regulated foreign jurisdiction in the Caribbean Sea.

“The risk here is the company will not have the liquidity to pay on the bond when demanded, and the beneficiary of this bond, the New York AG, may not have a direct claim against the reinsurer,” said former New York Department of Financial Services superintendent Maria Vullo. “That the reinsurer is in the Cayman Islands compounds this issue as it is a non-U.S. jurisdiction, which makes collection very difficult.”

These rich assholes usually do not come by their money with ethical businesses. So, why do we expect them to play by the book? Here’s another one that should be thrown in jail. “Leo rejects Senate subpoena from panel probing gifts to Supreme Court justices. The conservative judicial activist called the move ‘politically motivated,’ and the committee chair said Leo had left them ‘no other choice’ but to move forward with the compulsory process.” This is from Washington Post writer Tobi Raji.

The Senate Judiciary Committee sent a subpoena Thursday to conservative judicial activist Leonard Leo as part of a months-long inquiry into undisclosed gifts to Supreme Court justices and he promptly rejected it, calling the move “politically motivated.”

“I am not capitulating to his lawless support of Senator Sheldon Whitehouse and the left’s dark money effort to silence and cancel political opposition,” Leo said of Sen. Dick Durbin (D-Ill.), the committee’s chairman, in a statement to The Washington Post.

The committee voted along party lines on Nov. 30 to authorize subpoenas for Leo and Texas billionaire Harlan Crow following reports that Supreme Court Justices Clarence Thomasand Samuel A. Alito Jr. accepted — and did not disclose — free luxury travel and gifts from Crow, Leo and conservative donor Robin Arkley II.

Crow did not receive a subpoena Thursday, his spokesman Michael Zona told The Post.

In a statement to The Post, Durbin said sending a subpoena to Leo was a necessary step.

“Since July 2023, Leonard Leo has responded to the legitimate oversight requests of the Senate Judiciary Committee with a blanket refusal to cooperate,” Durbin said. “His outright defiance left the Committee with no other choice but to move forward with compulsory process. For that reason, I have issued a subpoena to Mr. Leo.”

“Mr. Leo has played a central role in the ethics crisis plaguing the Supreme Court and, unlike the other recipients of information requests in this matter, he has done nothing but stonewall the Committee. This subpoena is a direct result of Mr. Leo’s own actions and choices,” Durbin continued.

First, they eliminate campaign finance law, and then the dark money warps the system. Welcome to the hell wrought by Leonard Leo and his Federalist Society buddies.

What’s on your reading and blogging list today?

And in Uptown New Orleans