264 Comments

“We didn’t pick Cohen up at the witness store”. The mental picture of prosecutors with a grocery cart , end caps and daily specials as well as perhaps coupons is priceless.

I can hardly wait for your comments in the jury instructions. As always, you cut through the weeds for us. Would that your chickens could vote…

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I’m sure the Repubs think we all registered our chickens to vote!

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Why not, they all registered their rats.....

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When he stands to face the jury and they find him guilty, President Fartinando will let a big one rip.

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“Von trump was too busy running the country” ? If I remember well His Orange Disgusting Lordship was spending much more time playing golf around than dealing with files / meetings / briefings etc in the white house. Lol

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When the payoff was made to Stormy, Trump was still a candidate, so he wasn’t “too busy running the country.” If this is what Blanche stated, I think the jury would figure this out.

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He was president when the payments to Cohen were made. He must've been busy ruining, not running, the country.

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shee-rah, you are right that Trump was not in office at the beginning of the set of transactions, but was in office when it came to the payments to Cohen. Trump was never too busy to "deal with" his sycophants he had in his "employ." As witnesses said, he had his fingers in every pie that had to do with money and/or power and he knew he needed Cohen to be watched because having the same qualities he himself had, he knew he must be careful. Then there's the money. Trump would not have permitted anything as big as $130,000 to be spent without his knowledge and approval. I am guessing some problems may have arisen once Trump got into office because once he gets what he wants, he does not want to pay for the process of getting there (remember how he treated contractors once he got a completed job - he whined that it wasn't done well even though it was exactly what Trump contracted for). I hope the jury will take into account what the documents say about Trump's transactions and those of his crew and find Trump guilty of at least some of the counts.

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He actually spent over $400k.

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Just a guess, but do you suppose they added extra to the payments to keep Cohen quiet? Cohen admitted he was dissatisfied with his bonus, and we already knew he was angry about not getting a WH job. The notes don’t tally up to $400K. Which suggests there were subsequent conversations, and nobody has fully explained this. But, if I’m right, I doubt either side would delve into the question because it doesn’t help anyone. It would hurt Trump more, but it would also be one more bit of evidence for what a nefarious SOB Cohen was.

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?

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Do your own research.

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Helpful to supply where this is coming from

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So true!

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One would hope. I was scratching my head, and wait a minute..... the 2016 election, right.

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The orange peel didn’t and doesn’t care about “running” the country… except into the ground.

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He dealt with files as he was leaving.

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I laughed out loud reading that statement, El Cheeto spent most of his time playing golf. The only running of the country he did was running it into the ground. But then again, he wasn't president in 2016.

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And besides, Jack, this all occurred BEFORE the election to assure the trumpster wouldn't have any more behavioral issues. The press and James Comey had already diminished Clinton's chance of winning.

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Fay, the Comey thing I am sure, was on Trump's orders. Comey knew he was breaking DOJ tradition, and he had to get the word from above to do such a thing, especially since he did not have any evidence that the emails were anything really new. The order came from Trum to Barr, to Comey, just as Trump liked it. If it had not worked to trick the "swing states" he could have blamed Barr and Comey, not himself. Who could ever want that ignorant trashy guy, Trump in office anywhere? I honestly do not understand.

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In 2016, tfg didn’t have Barr to instruct Comey. Obama was still President.

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Sharon, ooops, you are so right. It does make one wonder what was going on in DOJ before President Obama left office. Comey clearly broke DOJ protocol and it should not have been by choice or he should have been removed from office immediately. Trump did ultimately fire Comey, maybe because once he got the office he couldn't trust that Comey would be totally for him alone.

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What I've read about the Comey announcement was that the rank and file in the FBI disliked Hillary intensely, and were possibly on the verge of leaking the fact that Weiner's computer might have something relating to Hillary in the files. (Remember they had just become aware that Hillary's aide may have used her husband's computer (Weiner) and therefore something about Hillary might be on that computer. ) Comey had to decide whether he should be the one to officially announce "re-opening the case" - or risk have Hillary-haters at the FBI to leak it and accuse Comey of trying to cover it up.

Comey chose to announce it himself. Disastrous consequences. But at the time he made the decision, he made it with the facts on hand at that time. Also remember, everyone was completely positive that Hillary was going to win no matter what.

I believe this version of what happened. I don't think Comey took orders from Trump or anyone else. I think he was a straight arrow who had to make a decision and, as events played out, made the wrong one. However, we don't know what would have happened if Comey had not made any announcement and some FBI guys had leaked the Weiner computer information and accused Comey of hiding it to protect Hillary. That could have been disastrous, too. We'll never know.

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Susan, however, did Comey ever report those FBIers who were about to betray their nation by interfering with an election? My guess is no. I think perhaps Comey would have done better letting us all know that there were forces within the FBI who found some emails from Clinton on a computer related to one they had already checked out and were willing to do harm to Clinton for their own purposes, in support of Donald Trump. That would have been complex, but would have actually been honest. It seems with a lot of our law enforcement, honesty doesn't go too far.

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The mob boss he is, Trump asked Comey for his allegiance to Trump. Comey's allegiance, rightly, was to the Constitution. He had to go. No cement shoes, just fired, and his taxes audited.

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Patricia, I wish Comey had been more honest and forthcoming related to Clinton's emails, all along and that there was nothing that would have in any way implicated her with criminal activity; he didn't and let the final "trove" of emails be a means of screwing with her campaign and keeping people who thought she must be hiding something, from voting in the swing states. I do blame Comey for that even though I think he usually tried to do the work of our Constitution. Maybe he just had a problem with a powerful woman. I really don't know, but there was definitely a failure there.

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Barr wasn't in office at that time. This is the 2016 election. Whether Comey acted in conjunction with trump or on his own, Comey's reward was to be publicly fired. And you are correct it certainly did put the nail in Hillary's coffin. In my view trump's maggot view him as entertainer. They don't want to think, just feel. They are unhappy with their lot in life, they don't understand as we do how the wealth was redistributed from the middle class to the wealthy - and here I must admit, that while I recognized that cost of living was rapidly increasing and the wealthier were getting more wealthy - I really did not understand how or why. I blamed Nixon and Reagan - but mostly because I didn't like them anyway.

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Fay, you are right about Barr and Comey. I am not sure how I got that wrong except that I have little doubt that Trump or Trumpers within the FBI or the government in general contributed to those emails being seen as so important, Comey felt he had to break DOJ protocol to share that info, which, of course turned out to be nothing. Comey was fired by Trump because Trump didn't think he could trust Comey to kiss his butt often enough. I think Comey is a decent person, and believes in our Constitution, but did not have the courage to stand up and say that people within the FBI were trying to sabotage the election on behalf of Donald Trump. I think I had transposed the Mueller Report over Comey's actions by accident. I have no doubt Trump ordered Barr to misstate what was in the Mueller Report and did something that kept Mueller from speaking clearly about what he and his team actually found, and having read the report, it was pretty damning.

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I agree on the Mueller. I don't understand why that report isn't being used by Jack Smith, but perhaps it is. The main blockage now seems to be Aileen Cannon on the document theft and the Supreme Court on trump's stupid claim of absolute immunity. If those five mongrels on the Court would just read the Constitution they'd see NO IMMUNITY for anyone anywhere in the United States. If they find otherwise they are again writing new law, which by Article 1 is the sole purview of the Legislative Branch.

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We mustn't forget that a big chunk of his time was spent whining, demanding, telling, accusing, saying, sucking up to our adversaries, refusing, criticizing, claiming, insulting, and ranting on social media instead of actually doing POTUS things. His specialty, however, has always been lying. He does that one well.

I'm sure there are many other verbs I could have added, but it's way too late at night/early in the morning (?) to think of more. He's nothing but a big, fat, orange, parasitic creature who deserves to be treated as such, rather than being treated as a human being.

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Dianne, Trump spends time doing all the things you say, and more. He despises everyone he cannot control while trying to control everything about his life. That included Cohen, Comey, Barr, and his whole team. It is amazing the variety of people he had in his sphere and what they would do for him, things that they should have seen as anti-American, unconstitutional, anti-Christian, racist, misogynistic, xenophobic, homo/transphobic, and more, and should not have participated. I am guessing for so many of Trump's sycophants, hanging around power and celebrity, no matter what the personal qualities is sufficient for them to drop any pretense of doing the right thing. I am guessing at least some thought that if they were in power, they could make some positive differences. Around Trump, that is impossible because there are always people at least as disgusting as Trump that surround and protect him. I am guessing Meadows's chief of staff thought that and found herself caught in the Trump web of lies, deceit, mis/disinformation, and more.

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Ruth, one thing I'm sure of is that Barr never once thought about doing anything that would make a difference for the country, even though it is obvious now that he does know the difference between right and wrong. His behavior the entire time he was in office belies wanting to do good.

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Susan, that's true. He finally figured out the difference between good and evil. Unfortunately, it would have been better for all of us had he grown a conscience years ago.

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I agree, Dianne. But I don't think he had a conscience back when he was AG George HW Bush. Who knows where we would be if Barr had had a conscience back then?

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In answer to your (very interesting, BTW) question, we'd be much, much better off. In other words, the exact opposite of what's going on in our country today.

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You're right! It's all about them and how much power they can get, no matter how badly that affects us.

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Jack, in all the things I have read about the Trump administration, no one mentions that Trump worked hard, except one or two of his sycophants who can't even back it up with any evidence. Everyone knew he was a loud-mouthed lazy dictator and everyone else did any work that got done while he took the credit, just as Trump has always done, and would do again if re-elected. This time, unlike last time when some folks still believed in democracy and the rule of law, the guys he chooses to do the work will be the appalling human beings that have cleaved themselves to him over the past 4 years or so, the guys who believe in nothing but power and money and how much of both they can accumulate, the Steves, Mikey Johnson, Little Margie Greene, and the rest, and they will have high positions where they can do enormous harm to people and our democracy.

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Don't forget the rallies. Those took a lot of his time too. I suppose we should be thankful that they also distracted him from further mischief.

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The rallies were actually mischief - they spread a lot of lies and disinformation to the public.

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Good point. I always thought of them like his traveling roadshow, not taking them seriously. I was surprised that he continued them after taking office, not realizing that they were all he knew how to do.

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Jack, perhaps you're too young, but I remember the "rallies" of the.dictator.Adolph Hitler.in.Nazi Germany.during.WWII. Harken back, if.you.will for a moment..Do.you.perhaps sees history.repeating itself with the." rallies" of today ???

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And not forgetting "Executive Time"!

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Since when does the president "run the country"? I thought that was the job of our elected corporations....

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Playing golf, watching TV and rage tweeting, in between pointless hatefest "rallies" - what president holds rallies while in office already?

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This comment is to the lack of regard and respect for the American people, regarding the lack of audio or video of these proceedings.

It was okay for the State of Georgia to allow the broadcast of a completely unnecessary shit show of humiliation of an elected District Attorney, but the criminal proceedings of the first ever former President Of The United States is somehow inappropriate to share with the public? If ever there was hypocrisy this is it, further undermining our justice system and the constitutional integrity of the rule of law.

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🎯 100%. Without the opportunity to watch and to listen to the witnesses and to the arguments for myself, I don’t know WHAT to think about how this went down. That’s a loss to history and undemocratic in the extreme. These trials should be televised live.

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Yes, Sam, the constitution (sorry I can’t remember the amendment number) gives us access to the court proceedings. And I could be wrong, but I think the ruling I read said that the reason we needed access was to make sure the accused was being treated fairly. I know Jack Smith opposed video in his courtroom with Trump because he didn’t want the circus atmosphere. How much worse could it get? It’s really not safe for people to be camping out outside the courthouse.

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Yea Valerie, the 6th Amendment states the following:

“In all criminal prosecutions, the accused shall enjoy the right to a speedy and PUBLIC trial, by an impartial jury of the State and district wherein the crime shall have been committed”.

Capitalized emphasis added to the word public by me.

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We had a lovely discussion a while back on Joyce’s Substack and I believe Laura McEllroy, a former Texas prosecutor, gave us case law, so we could see how most recent rulings were made.

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How long ago, I would love to revisit that.

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I don’t recall exactly maybe a month or so. You would be doing the same search as I and I don’t have the time right now. I am so sorry. If I have a flash on what the topic of the Substack was, I’ll let you know:)

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Thanks for the time frame, I now have a place to start looking. Do let me know if you think of anything that would narrow the search. I imagine Laura McEllroy was providing the case law in comments as a subscriber.

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Masters of hypocrisy

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I love the sketch of the chicken at the end of this. Not to demean the chicken, but Trump is acting like a chicken, squawking and flapping his wings but essentially being ineffectual. He can't hold a thought long enough to speak a coherent sentence, he hasn't any policies to put forward for his campaign to operate on, etc. He's afraid. I'm not saying that he'll be convicted of everything he's been charged with in this trial, but he's terrified...and rightly so.

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Chickens may take exceptions to your comment.

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I did try to qualify that by saying I didn't intend to demean the chickens. Apologies to any chickens I may have offended!!

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Jan, I don't think chickens give a rip one way or the other. Throw them some greens or whatever, they are good with it. It's us chickenphiles you need to worry about offending! But this one at least knows what you meant and is willing to set aside the implication in favor of the intended observation about T.

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Christopher, I am thinking more of the rooster with his head cut off, running around with no thinking involved.

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May Trump will look up and drown next time it rains… (yes, I know chickens don’t actually do that but I can dream)

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Well, he looked at a solar eclipse without proper glasses on, so looking up while rain fills his lungs, perhaps possible?

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Jan, I've said over and over that two stickers should be available to voters on voting day: "I voted" or "I voted for a criminal."

Your comparison of Trump to a chicken is so real.

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Pam, I have to say that while I understand comparing trump to a chicken, I am absolutely certain that Joyce's chickens are much smarter than trump.

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Of course they are! :)

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Thank you, Pam. You made me smile.

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😊

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Chicken libelz!

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Thank you Joyce for providing quiet grounding in this storm. 🙏🏻

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The Jury's Up

_______

The Trump trial has reached its fever pitch, a climax of raw, unfiltered testimony that's left the jury reeling. For five weeks, they've been bombarded with the sordid details of Trump's hush-money scheme, a twisted tale of deceit and betrayal that's enough to make even the most hardened cynic blush.

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Trump's team, with their silver tongues and slick suits, tried to spin a yarn about their client being the hapless victim of a bitter ex-employee, Michael Cohen. They painted a picture of a president too engulfed in the chaos of his own making to notice the details of the scheme. But anyone with half a brain could see through their flimsy defense.

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The prosecutors, on the other hand, didn't hold back. They spent six relentless hours laying bare the ugly truth of Trump's deceit. They exposed how he falsified business records to cover his tracks, how he repaid Cohen for the $130,000 hush payment to Stormy Daniels, all to smother the scandal before the 2016 election. By the time they rested their case at 8 PM, the jury was left with the weight of history on their shoulders.

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The defense tried to smear Cohen as a venomous liar, out for blood. They called his testimony a twisted fairy tale, suggesting doctored evidence and deceit. But their arguments were as flimsy as a house of cards in a hurricane.

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Prosecutor Joshua Steinglass, in a masterclass of legalese and plain talk, zeroed in on the smoking gun – a document detailing the repayment plan to Cohen. He scoffed at the defense's claim that Trump was too busy with the affairs of state to notice the payments. He drove the point home: Trump, the self-proclaimed frugal micromanager, knew exactly where every dollar went.

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The case wasn't about Cohen's vendetta, Steinglass argued, but Trump's blatant falsification of business records. Cohen was merely a guide, leading the jury through the labyrinth of Trump's deceit.

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The jury now holds the gavel, the final arbiters of justice in this sordid drama. Trump's guilt is as clear as the cold, hard facts – and now it's time for the hammer to fall. The curtain's up on the final act, and the world is watching with bated breath to see if justice will be served and I'm betting the jury will vote guilty by Monday. They're not a bunch of wide-eyed rubes fresh off the turnip truck, these are smart, savvy New Yorkers who can smell a long con from a mile away

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Trump may have thought he could pull the wool over their eyes with his slick lawyers and his smoke and mirrors, but these jurors are cut from a different cloth. They're the kind of people who know that if something sounds too good to be true, it probably is.

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They've sat through five weeks of this circus, watching as the prosecution peeled back the layers of Trump's deceit like an onion, exposing the rot at the core. They've heard the testimony, seen the evidence, and now they're ready to render their verdict.

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I've got a feeling that come Monday, the hammer of justice is going to come down hard on Donald Trump. These jurors have had enough of his lies, his scheming, and his blatant disregard for the law. They're going to send a message that no one, not even a former president, is above the law.

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So .buckle up, buttercups, because the final act of this drama is about to unfold, and it's going to be a doozy. The jury's got the power now, and they're not afraid to use it. Trump may have thought he was untouchable, but he's about to find out that in the city that never sleeps, justice never rests. The reckoning is coming, and it's going to be a sight to behold.​​​​​​​​​​​​​​​​

@Gloria Horton-Young

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What a glittering morale booster.

Thank you 🐈‍⬛

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Love you Gloria!!! That was awesome!!! Thank you. I sure needed that this morning. ❤️😘

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I’m ready for a guilty verdict.

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Thank you Gloria for this clear-eyed concise report detailing the sordid tale of DJT and what is has done to our nation. I pray with all my heart that New Yorkers will deliver a historic blow to that massive ego so deserved by our country. New Yorkers, after all, have had enough of his bloated bloviating chaos over the last 50 years. We’re calling his reign on account of his game.

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"We're calling his reign on account of his game." EXCELLENT!!! ❤

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Can’t take the credit Jan - it is a quote from “Escaping from the Declining Fall of the Roaming Umpire” by the Firesign Theatre. I should have credited them. Quote is tailor-made to describe the pumpkin head president.

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Thank you.

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In a saner world. the wisdom of Peter Elbow’s The Believing Game (essay) would be viscerally understood. Thank you for your clear summary and considerations that provide scaffolding for the emergence of the truth in any argument in any situation.

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Gloria you are right on! Go Girl!

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EXCELLENT rendition! 👏

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Thank you. 🙏

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I just have to say the chicken print at the end of your post with the I VOTED sign is adorable.

We are finally here. Tomorrow is the day for jury instructions on the law. I’m so happy that Blanche got called out today and that Judge Merchan told the jurors to disregard. I’m pretty sure lowercased don put him up to it. You’d think he would know better. I will be in front of the television tomorrow.

Thank you for always clearing a path for us to learn the truth. You are a treasure!

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Yes, Joyce is truly a treasure. I rely heavily on her analysis of each day’s events.

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You must be exhausted!! Thank you for taking time to provide this synopsis of today's events. The Trump hecklers were very distracting. I was pleased to see Mr. De Niro and the brave Jan.6th police officers there,too! On to tomorrow. And then the wait for a verdict begins!

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I truly wish that other well-known figures had appeared at court many times before yesterday, speaking truth to the news outlets at the end of the day. We let Trump completely dominate the air waves. Sorry our side didn't think of this before. Hope some famous folks show up every day until this is resolved.

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The evidence clearly proves that TRump was involved in all aspects of these transactions. TRump consistently says that he's the only one that can take care of things. HE claims that he was always aware of everything going on in his business, at all times. So, if you believe that, how could you believe that he didn't know what Cohen and others involved in this were doing?! The defense's whole argument about TRump not knowing what was going on is absurd.

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Megan, you have pointed out a critical piece, that Trump can't have it both ways, the only one who can fix everything and that he knows everything that is going on at all times, particularly with his money, and then that he didn't know anything about the Stormy Daniels situation, never had sex with her, and didn't know what his guys were doing with the business records. I hope the jury actually sees this clear evidence that Trump knew all about it, approved it, then lied, hoping to protect himself and hang everyone else involved out to dry.

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You may not have internet but you have chickens.

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The key thing to keep in mind (IMO) is that under the statute (175.10) for falsifying records in the first degree which Merchan will certainly explain to the jury in his instructions, is that it doesn't require the necessary elevating or predicate crime to actually have been committed by the defendant. It is enough that they be shown to have intended to commit the crime or to aid or conceal its commission. This gives the jury a good deal of wiggle room when it comes to Trump's culpability in the scheme.

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I’m upset about Cannon which has taken a backseat to what she did today and threatens to do. Lawrence Tribe said Jack can now go to the 11th district which I hope is true.

I’ve listened off and on all day. My back finally gave out after attending a rodeo and shopping this weekend and I have faith in the jury after listening to Andrew and Lawrence tonight.

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I thought Jack Smith could file a writ of mandamus to get the 11th circuit court involved. I must be missing something.

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"Without prejudice." He has to meet with Trump's lawyers.....

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“without prejudice” in my legal world means this is not the end - the motion can be filed again. In this case, Smith got Cannon to tell him exactly what he needed to do and avoid sanctions. IMHO Trump’s remarks about the FBI was a gift to Smith and has boxed Cannon in. If she rules for the government she will become the object of Trump’s vitriol. If she rules for Trump Smith has a solid basis to take an appeal. On the other hand she could just let it sit.

And with all due respect to Tribe this is Smith’s case and opinions can differ as to strategy.

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As I think I understand it, if Cannon just lets it sit, that's where the writ of mandamus comes in. Joyce explained that (assuming I understood her correctly) in a recent letter.

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That's what I thought I read too.

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Thanks Barb - I probably missed that!

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Lawrence Tribe said he could now.

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Love your chicken graphic!

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Thank you Joyce🙌🏾

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What the jury decides is the American notion of justice. We care, but we accept and move on. Just as Americans do with election results.

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Uh, I think it's "most Americans," isn't it?

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Perhaps it’s those who don’t, aren’t, (fully)…?

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Ah, I think we're all Americans, there are just some who want to play by different rules...ones that they put in place, rather than acceding to election results that the rest of us agree to accept. (I do see your point, though!)

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You are more generous than I am.

I feel that when one sufficiently abuses a privilege, to the degree that their abuse denies it to others, they forfeit it.

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?

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This ? mark goes w/Mark's comment. "Americans move on from elections"

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I still don't understand why replies don't end up under the commented on statement.

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It did actually, patricia! Follow the line from your comment to Mark's: it links the two together at the same level of indent. I know it is baffling, especially with so many "side comments", but if you remember that, it makes it easier. I try to reduce my confusion by typing in @ with the name of the person I am responding to.

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Thank You !

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Hi Patricia, just realized you were sending this '?' to me. Have to acknowledge, my comment appears to have been a bit cryptic. So's your question! ;)

Here's an effort to cover the bases:

First part, as Americans we give juries final authority (in a jury trial, which one can choose). This is an American system of justice distinctive characteristic.

Second part (I was making an analogy), as Americans we give voters (in a fair democratic procedure) final authority for choosing our leaders in elections. This is a characteristic of the American system of government.

I was implying, tooo obscurely without my follow up comments, that IF you are part of the American Experiment, you follow and abide by these civil procedures. If you DO civil disobedience, which is a choice, you thereby ALSO ACCEPT the validity of the civil punishment you justly receive.

You may still make this choice, like some of us did during the VN war.

But after losing 60 suits about the prior election, AMERICANS accept the result.

WE need to be aware that some people are NOT adhering to fundamental American principles, while they are trying to undermine the government.

This is insurrection. When it is violent, it is worse still. Our leadership is failing to hit this hard enough, in my view.

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Yeah but,

The Yam wasn't ' too busy running the country in 2016'. The only thing he was running in 2016 was for election. His entire life is about intending to commit crimes; any New Yorker can tell you this. I don't know how many members of the jury were in New York in the 70s like I was, but anyone who was is intimately familiar with the Yam's history of cheating, lying, evading the law, having to operate his rental business under a DOJ consent decree.

The summation by the defense is simply unsupportable. He didn't do it because...he was busy doing other, more equally questionable stuff? Marone!

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We don’t know how many of the jurors are old enough to remember the Trump of the 1970’s, and if they were familiar with his machinations, wouldn’t they have been excluded from the jury?

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