There is so much going on today that it’s hard to stay on top of it all. So, I’ve got a rare afternoon newsletter for you. I’ll be back later tonight with an analysis of the Court of Appeals decision denying, as we expected, that former President Trump is entitled to immunity from all criminal prosecution. But I want to make sure we don’t miss the email Judge Engoron sent to counsel in the New York civil fraud case. We’ll take that up now.
I agree 100%. Actually, I feel honored to have such a talented "instructor." Not only that, but as far as I know, none of my teachers in school or college professors raises beautiful chickens. And shares their pictures with us!!!!
Yay for the 3 women judges of the DC Circuit Court!!! Especially Judge Henderson for whom it might have a bit more difficult to reach their awesome decision than for the other two. Way to go ladies, thank you!!!
Having read and digested the DC CIR opinion, I can say, as a former appellate advocate, in strict legal terms, “wow.” Nice job eviscerating the Trump bogus arguments, from DC.
Triple Wow William. Next appellate step goes to the supervisor SCOTUS Judge who monitors the DC Circuit, Chief Judge, John G. Roberts Jr since 2022, Title 28 Section 42. Need 4 votes for "CERT".
Well, Katyal is confident that the DC Cir itself will not consider an en banc — and really, why would Trump waste his time asking for it (assuming it is not cut off by the ruling from the three-judge panel), and not go straight to SCOTUS, through the door of Chief Justice Roberts. Similarly, he and Weissmann are of the opinion that the SCOTUS will not muster four votes to accept the writ of certiorari (I do not know that I agree — four votes from that Clown Car of Justices? Should not be too difficult to get four of them to delay this until next SCOTUS term). If not, we could be back on track for a May trial.
His strategy all his life was to outlast the adversaryt by spending money he does not have until the adversary gives up. But, unlike the stone mason he stiffs, or the steel supplier he refuses to pay, the DOJ will never give up…unless he is re-elected. But if that were to happen, the inability to jail him will be the least of the country’s concern. He will NEVER leave the White House. He will destroy NATO and Europe and Ukraine and the environment and the Criminal Justice System/DOJ, and every other institution and entity on which our republic relies……..
Imprisonment is what you get for perjuring yourself for Trump. I heard Judge Engoron might up the judgment by the two million dollars from his severance package. I’m a little more optimistic that Trump will come tumbling down just like Humpty Dumpty. Fingers crossed. Joyce, thanks for keeping us up to date. What a busy day and continuing week.
“and an unusual deal that required him to avoid cooperating with prosecutors against the Trump’s unless compelled to do so by subpoena”. Why isn’t this itself a crime? It seems like an attempt to use contract law to enforce a conspiracy to thwart the justice system.
I'm not a lawyer but having had an exit package from a company, this seems like pretty standard confidentiality language. I had similar language in the agreement offered to me by the company. It's meant to protect things like trade secrets, especially if the employee leaves on bad terms.
Exactly, which is why the exception is for a subpoena. I used trade secret as an example, but there are many other things such as the way accounting was done, organizational structure, prior knowledge of possible M&A activity, etc, that many companies do not want ex-employees blabbing about.
The 5month "sweetheart" deal he received was based on 'providing truthful testimony' the Judge said the deal would not have been made based on the evidence otherwise, so I don't understand why any other deal is being looked at, shouldn't it be straight to Rikers for the 5-15yr previous sentencing guideline?!
Thank you, it seems ridiculous (all of it) if you can get a reduced sentence but don't have to fulfill the requirements stated, why would anyone not take advantage of that opportunity?!
He made a plea bargain that gave him 5 months in Rikers instead of 15 years in prison. The lawyer who made the plea deal arrangement was paid by Trump - but (not positive about this next part) a rift occurred because Trump did not want Weiselberg to testify for the prosecutors in court. Otherwise he would be in prison for 15 years. I wonder if he cashed the $2 Million check.
Actually, the severance agreement including the $2M was to be paid in 8 increments of $250,000 each. So far, he’s only received 4 of those payments ($1M total). Next one was/is due month (March).
In this article, Lisa Rubin attaches the whole agreement, which includes the pymt schedule on the last page.
This will be a very interesting discussion from Joyce. If Weisselberg made a plea deal and an abided by it, he won’t go back to Rikers. However, if he did perjury, and he could be facing a new felony charge. I think - Bryan McOwan commented to this. Domino’s are falling.
I don't know about the Eagles, Charlie, but I grew up in the same working/middle class neighborhood as the Niners back in the 50s. For me it's always been them or the socialist Cheezeheads. I'll have to at least give Taylor's sweetie a cheer or two.
I was always in a quandry with the times the Niners played the Cheezes. I never knew much about the Chiefs. My stepson lives in Madison and for a long while, until my grandson son became Big Kid teenager I went back there for Halloween week and they would take me to Lambeau. I still have my big cheesehead. I remember Aaron Rodgers tearing apart the Raiders.
I think it should nullify the previous deal he got, if he broke that deal by not giving truthful testimony then the original sentence for the 15 charges he plead guilty to should automatically be enforced of 5-15 years, not a misdemeanor or 1 year perjury slap. Am I missing something?
I’ve lost the thread of this mess, but I’m with you. If he had conditions on what I think was whittled down to a 100 day stay in stripes, and he’s guilty of perjury, why wouldn’t he just be sent back?
"Everything Trump Touches Dies". Please look into the mirror, if there is one at Rikers, and repeat this phrase over and over and over, followed by "and this applies to me".
I don't get why so many think they are so special that they will be immune from the fate of all the others that have gone before, dating back for decades. Once in trump's orbit, NO One escapes their fate. They are inevitably consumed by the black hole that is trump.
FYI:
"Everything Trump Touches Dies" is the title of a book by Rick Wilson. It is worth a read.
Wow. My respect for Judge Engoron, already high, just went up a couple of notches. What a masterpiece of getting to the point in the fewest words possible, with every line infused with impact. This editor/writer salutes you, sir.
"Nothing is ever simple when Donald Trump is involved. The web of lies and crimes is never ending."
And to this I add that most of us who had acted and are acting as Trump with lies, abuse of the legal system, a total disregard for decency in the spoken or written word to the court(s) and individuals, would probably find ourselves incarcerated awaiting court hearings.
Indeed... the sound could be "Godzilla" (Blue Oyster Cult live) deafening.
Reality: the Trumptanic has scraped the "no immunity" iceberg.... it has been torpedoed by the USS E.Jean BadAss submarine (thank you Capt. Kaplan) ... and is about to hit a couple of other really big underwater mines named "NYD" (Not Your Documents) and "BFCBT" (Big Fraud Costs Big Time).😆😎. Schadenfreude-esque? More's the pity.
Heck, why not. It is good news and (some fine work by these ladies of Justice) better than what we have been feeling for 8+ years. Enjoy it Marlene… to be continued 🤣🇺🇸
I agree wholeheartedly with you, Marlene; we are lucky to have her! You may be feeling giddy (as am I) right now, because it feels like the dominoes are finally falling in our favor!
Joyce, we are so lucky to have you. Subscribing to this newsletter is invaluable 🙏
I concur! Thank you for educating us! Very much appreciated.
I agree 100%. Actually, I feel honored to have such a talented "instructor." Not only that, but as far as I know, none of my teachers in school or college professors raises beautiful chickens. And shares their pictures with us!!!!
I started my subscription last month, and I love it! She's good at explaining complicated legal matters clearly.
I feel this every day!
This should be the permanent first comment after the day's Discourse.
Thank you, Joyce.
Yay for the 3 women judges of the DC Circuit Court!!! Especially Judge Henderson for whom it might have a bit more difficult to reach their awesome decision than for the other two. Way to go ladies, thank you!!!
So glad they agreed!
Having read and digested the DC CIR opinion, I can say, as a former appellate advocate, in strict legal terms, “wow.” Nice job eviscerating the Trump bogus arguments, from DC.
Triple Wow William. Next appellate step goes to the supervisor SCOTUS Judge who monitors the DC Circuit, Chief Judge, John G. Roberts Jr since 2022, Title 28 Section 42. Need 4 votes for "CERT".
Well, Katyal is confident that the DC Cir itself will not consider an en banc — and really, why would Trump waste his time asking for it (assuming it is not cut off by the ruling from the three-judge panel), and not go straight to SCOTUS, through the door of Chief Justice Roberts. Similarly, he and Weissmann are of the opinion that the SCOTUS will not muster four votes to accept the writ of certiorari (I do not know that I agree — four votes from that Clown Car of Justices? Should not be too difficult to get four of them to delay this until next SCOTUS term). If not, we could be back on track for a May trial.
Trump is not concerned with “wasting his time”, it’s his main (and last) implement in his toolbox.
It's all he's got, really: he embraces “wasting time”.
His strategy all his life was to outlast the adversaryt by spending money he does not have until the adversary gives up. But, unlike the stone mason he stiffs, or the steel supplier he refuses to pay, the DOJ will never give up…unless he is re-elected. But if that were to happen, the inability to jail him will be the least of the country’s concern. He will NEVER leave the White House. He will destroy NATO and Europe and Ukraine and the environment and the Criminal Justice System/DOJ, and every other institution and entity on which our republic relies……..
And everyone will be standing around wringing their hands and saying, well, that’s the law, the people elected him, so we have to let him do it.
What is wrong with this picture?
I suspect that some extrajudicial method may be applied…
Trump wasted a LOT of time when he was in office, like golfing, ranting and insulting people, hanging out with our adversarial leaders, etc.
When he actually at his "resolute desk" he was busy making questionable rules, policies and decisions; and worst of all, destroying our democracy.
Keeping fingers crossed.
I don't know how you keep up with so much Joyce. Thank you for keeping us in the loop and a smaller serving like this is easier to digest.
Imprisonment is what you get for perjuring yourself for Trump. I heard Judge Engoron might up the judgment by the two million dollars from his severance package. I’m a little more optimistic that Trump will come tumbling down just like Humpty Dumpty. Fingers crossed. Joyce, thanks for keeping us up to date. What a busy day and continuing week.
Yes trumpty dumpty's shape is going worse day by day. The big crash looks more and more dire. Waiting...
I'd say I wished he'd fall on his head, but I don't think that would damage anything crucial.
His big fat mouth has been the most crucial destructive force the world has seen since… I don’t know when.
Trump has done more political damage to our nation than anyone since the Civil War. And anyone before that.
1That's the truth
I’m stocking up on popcorn 🍿
Shares of Orville Reddenbacher are spiking! :-)
“and an unusual deal that required him to avoid cooperating with prosecutors against the Trump’s unless compelled to do so by subpoena”. Why isn’t this itself a crime? It seems like an attempt to use contract law to enforce a conspiracy to thwart the justice system.
Good.question, Murray!
I'm not a lawyer but having had an exit package from a company, this seems like pretty standard confidentiality language. I had similar language in the agreement offered to me by the company. It's meant to protect things like trade secrets, especially if the employee leaves on bad terms.
But the size of TFG's penthouse is not a trade secret. But no retirement package can require an employee to lie under oath in court.
Exactly, which is why the exception is for a subpoena. I used trade secret as an example, but there are many other things such as the way accounting was done, organizational structure, prior knowledge of possible M&A activity, etc, that many companies do not want ex-employees blabbing about.
The 5month "sweetheart" deal he received was based on 'providing truthful testimony' the Judge said the deal would not have been made based on the evidence otherwise, so I don't understand why any other deal is being looked at, shouldn't it be straight to Rikers for the 5-15yr previous sentencing guideline?!
https://www.cnn.com/2023/01/10/politics/allen-weisselberg-sentencing-trump-organization/index.html
You would think.
Thank you, it seems ridiculous (all of it) if you can get a reduced sentence but don't have to fulfill the requirements stated, why would anyone not take advantage of that opportunity?!
https://www.cnn.com/2023/01/10/politics/allen-weisselberg-sentencing-trump-organization/index.html
It makes no sense. If that's the legal advice he got, he better change his representation and make a deal. Otherwise he dies in prison
He made a plea bargain that gave him 5 months in Rikers instead of 15 years in prison. The lawyer who made the plea deal arrangement was paid by Trump - but (not positive about this next part) a rift occurred because Trump did not want Weiselberg to testify for the prosecutors in court. Otherwise he would be in prison for 15 years. I wonder if he cashed the $2 Million check.
gosh, seems that most who use T's lawyers don't get the best deals. just saying.
Exactly. 'Such a deal.'
Actually, the severance agreement including the $2M was to be paid in 8 increments of $250,000 each. So far, he’s only received 4 of those payments ($1M total). Next one was/is due month (March).
In this article, Lisa Rubin attaches the whole agreement, which includes the pymt schedule on the last page.
https://www.msnbc.com/rachel-maddow-show/maddowblog/trump-agreed-pay-weisselberg-2-million-weisselberg-owe-return-rcna120174
Thank you. Womp womp for Allen then.
Oh, he cashed it.
This will be a very interesting discussion from Joyce. If Weisselberg made a plea deal and an abided by it, he won’t go back to Rikers. However, if he did perjury, and he could be facing a new felony charge. I think - Bryan McOwan commented to this. Domino’s are falling.
I don't know about the Eagles, Charlie, but I grew up in the same working/middle class neighborhood as the Niners back in the 50s. For me it's always been them or the socialist Cheezeheads. I'll have to at least give Taylor's sweetie a cheer or two.
What sucks is that I like both teams.
I was always in a quandry with the times the Niners played the Cheezes. I never knew much about the Chiefs. My stepson lives in Madison and for a long while, until my grandson son became Big Kid teenager I went back there for Halloween week and they would take me to Lambeau. I still have my big cheesehead. I remember Aaron Rodgers tearing apart the Raiders.
I'm a Browns fan. My season ended badly. But I enjoy football. This should be a Hell of a game.
I'm looking forward to it. Judge Engoron's game might be just s exciting.
For perjury, yes, he should get more time. I think Rikers is cleaning his cell as we speak.
I think it should nullify the previous deal he got, if he broke that deal by not giving truthful testimony then the original sentence for the 15 charges he plead guilty to should automatically be enforced of 5-15 years, not a misdemeanor or 1 year perjury slap. Am I missing something?
I’ve lost the thread of this mess, but I’m with you. If he had conditions on what I think was whittled down to a 100 day stay in stripes, and he’s guilty of perjury, why wouldn’t he just be sent back?
From your lips to the ears of all the goddesses
Note to Weisselberg:
"Everything Trump Touches Dies". Please look into the mirror, if there is one at Rikers, and repeat this phrase over and over and over, followed by "and this applies to me".
I don't get why so many think they are so special that they will be immune from the fate of all the others that have gone before, dating back for decades. Once in trump's orbit, NO One escapes their fate. They are inevitably consumed by the black hole that is trump.
FYI:
"Everything Trump Touches Dies" is the title of a book by Rick Wilson. It is worth a read.
Thank you! This email is something few of us would’ve been aware of. Looking forward to your write up on the immunity decision as well.
MSNBC covered it this afternoon. I was listening in the car.
Thanks!
Wow. My respect for Judge Engoron, already high, just went up a couple of notches. What a masterpiece of getting to the point in the fewest words possible, with every line infused with impact. This editor/writer salutes you, sir.
"Nothing is ever simple when Donald Trump is involved. The web of lies and crimes is never ending."
And to this I add that most of us who had acted and are acting as Trump with lies, abuse of the legal system, a total disregard for decency in the spoken or written word to the court(s) and individuals, would probably find ourselves incarcerated awaiting court hearings.
Trump will fall very hard. Ka-Boom.
Indeed... the sound could be "Godzilla" (Blue Oyster Cult live) deafening.
Reality: the Trumptanic has scraped the "no immunity" iceberg.... it has been torpedoed by the USS E.Jean BadAss submarine (thank you Capt. Kaplan) ... and is about to hit a couple of other really big underwater mines named "NYD" (Not Your Documents) and "BFCBT" (Big Fraud Costs Big Time).😆😎. Schadenfreude-esque? More's the pity.
Marc, this splendid imagery deserves an award! We need to submit this to The Atlantic:)
Thanks. I couldn’t resist 😆.
Or "Big Fraud Costs Big Money". Wonder how much this more the fine is going to cost him. Start at $2 million more.
Oh my! This seems huge and another nail in the coffin of drumpf. Thank you Joyce for your legal insights and explanations.
Thank you Joyce, love reading your opinions and analysis of the most important crisis this country's democracy has seen. Thank you for what you do.
DC Court of Appeals, strong 3-0 opinion ; no Kings in this Country, no immunity. Cannot " ... shoot a person on 5th Avenue".
Joyce, you must be exhausted! Thanks as always!
And she's coming back, she says, later this evening!
😃 We are sooo lucky to have her explain everything to us, aren’t we? Why am I feeling so giddy right now?
Heck, why not. It is good news and (some fine work by these ladies of Justice) better than what we have been feeling for 8+ years. Enjoy it Marlene… to be continued 🤣🇺🇸
👏🏼👏🏼👏🏼👏🏼🥳
I agree wholeheartedly with you, Marlene; we are lucky to have her! You may be feeling giddy (as am I) right now, because it feels like the dominoes are finally falling in our favor!
FINALLY!!