Manhattan Prosecutors file criminal charges for Trump re Stormy Daniels case - ongoing discussion here (Guilty on all 34 counts, May 30, 2024)

Politics & Elections
2401

I think they are showing that the intent of the Cohen payoff to Daniels was to assist the campaign. Pecker’s emissions (er, I mean, admissions) provide the larger context for why Cohen had to personally pay Daniels, and corroborate the claim that Cohen did so for the benefit of the campaign.

Remember, Michael Cohen has described himself as “the cleanup hitter” in the prosecutor’s lineup (for people not into baseball, that’s usually the #4 batter; who it’s hoped would come to the plate with the bases loaded. He’s generally the team’s best player).

Expect Cohen to actually lay out the crime.

For now; they are laying a predicate to show that Cohen is telling the truth (notwithstanding his own admissions of lying, and his criminal history).

2402

Wow, I would have thought that was a basic thing. Always, and especially with ‘friends’, pay back your obligations in full and on time. Especially if it was for anything untoward - they literally have the receipts and can burn you in court if it comes to it.

2403

It’s certainly damning to someone. But I expect the defense will be that this was Pecker and/or Cohen’s decision, not Trump’s.

2404

lunch break in nyc back at 2:15pm.

2405

I expect that will be their defense as well but I don’t think it’s one that will implant any reasonable doubt in the jury.

2406

As the prosecution thinks “Be firm, be firm, my Pecker!”

2407

Think of a trial as telling a story. But you do it by asking people questions about “what happened.”

Pecker is not going to tell the complete narrative. He’s giving chapter 1. The prologue, if you will.

It’s designed to lay out some important details you need to know before the story makes the most sense. Even really basic ones: Who is donald, the defendant? Why did he care about negative press? What was motivating him at the time?

I believe the next witness will continue with this narrative, and it’s why I think it will be somebody who worked on his campaign. They will convey the message that stories about sexual affairs were a huge concern for donald in the run up to the election.

Again, the DA would be laying the groundwork for describing criminal conduct. Why were these actions important for the campaign for president?

This manages two things.

One, it’s context for explaining why Michael Cohen will testify that he personally benefited the campaign with a $130,000 payment to Stormy Daniels, for which he went to prison, and that he did so because of, and in coordination with, Trump.

And, two, it corroborates that this story is true.

The DA knows that Cohen will be painted as a scumbag and a liar. The defense will argue that he was disgruntled for not being given a prominent role in the administration, and so he is taking advantage of this role to get rich off scandal.

Rather than try to rehabilitate him after he testifies, the DA is beginning with other people to make it clear that Cohen is telling the truth on this issue.

At the point that all the testimony is presented, the fact that Pecker and Cohen were coordinating on McDougal isn’t relevant. The issue is the Stormy Daniels payment, made by Cohen and repaid by Trump.

Instead, what the DA wants to establish is that the McDougal payment was to help the campaign. That, I’d think, is the key takeaway from Pecker, as it supports the more important legal argument that the Stormy Daniels payment was made by Cohen for the benefit of the Trump campaign, which will be necessary for showing that the falsification of business records for its repayment was to conceal a crime.

We know that Cohen is going to say that. The concern is whether the jury is going to believe him. Pecker stiffens up that claim.

2408

… heh

2409

Thank for you the excellent legal analysis and explanation for the layman, and for the perfect closing. Best post of the day.

2410

Second that! @Moriarty, you’re the MVP of this thread, and I really appreciate your posts!

2411

As I understand the way it’s being charged you don’t need to charge those secondary offences to turn the misdemeanor (falsifying business records) into a felony. Just show that the misdemeanor was carried out in furtherance of another crime, and they’ve done a pretty good job of showing the conspiracy with AMI to “catch and kill” was just that. IANAL though and it’s definitely not an open and shut case.

2412

mr pecker ran into election finances issues before, he testified in court today about what happened when he “helped” schwarzenegger.

David Pecker detailed his arrangement to buy and bury negative stories about Arnold Schwarzenegger during his campaign for governor of California, a situation that became “very embarrassing” for Pecker.
Due to their arrangement, Pecker would advise Schwarzenegger of the stories, “and I ended up buying them for a period of time,” Pecker said.

After Schwarzenegger took office, Pecker said, one of women from whom Pecker had purchased a story ended up bringing her account to the Los Angeles Times, which published it. When Schwarzenegger was questioned by reporters about it, he told them to “ask my friend David Pecker.”

“It gave me a sensitivity about buying any stories in the future,” Pecker testified.

2413

Ok, I got it. And I also appreciate the other post laying it out very clearly.

2414

Not even that much. There just has to be the intent of another crime. And it appears they’re building the case that the intent was certainly there.

2415

Another accolade to @Moriarty

[segue]

Remember the terrain. The 2016 election was scheduled for November 8, 2016

The Access Hollywood tape was made public on October 7, 2016 – 32 days before the election.

[ETA: important to note that much of the activity that culminates in these charges took place in those 32 days and not too many weeks after. The Trump campaign was in “Barn On Fire” mode]

And we all believed the Access Hollywood tape could have imploded DJT’s candidacy. It could have, and it should have.

But the campaign insiders suddenly realized that they’d taken a potentially lethal body blow and had to scramble in order to prevent other, similar revelations from coming forward So Close to the election.

Yeah. This charade really could have swayed the 2016 election.

2416

and now the gov. of ar:

Joshua Steinglass asked David Pecker to recall a phone conversation he had with Trump’s White House staff members.

Pecker testified he remembers a call with Hope Hicks and Sarah Huckabee Sanders.

“Both of them said that they thought it was a good idea,” Pecker said, referring to extending McDougal’s contract.

this is not going well for team trump:

Pecker recalled a conversation that he and Cohen had about letters from the Federal Election Commission in 2018.

Pecker said, “We committed a campaign violation.”

He testified that he was worried, but Cohen said he was not, telling Pecker: “Jeff Sessions is the attorney general and Donald Trump has him in his pocket.”

2417

Why does it not surprise me that Trump might get done for sloppy bookkeeping of a criminal act?

2418

pecker had deal with ny da in 10/24/2019. pecker said " i had to tell the truth or i would face perjury charges. this predates bragg.

Pecker confirms he signed a cooperation agreement with the Manhattan district attorney’s office.

The October 25, 2019, agreement is now displayed in court.

One of the lawyers on the jury made a visible facial expression at the agreement as he looked at the screen in front of him.

2419

What does that even mean? (I know you are just quoting).

2420

they don’t characterize the expression. i wonder what he saw in it.

the last time pecker spoke to trump was jan. or feb. 2019.

pecker said that “donald trump was my mentor”.

now onto cross exam by team trump.