The Week Ahead

October 30, 2022

Just a quick note from me tonight. I got my flu shot Saturday and have been struggling to keep my eyes open and stay focused all day. So much better than getting the flu itself, but I hope you’ll forgive me for being a little less substantive tonight. And while you’re thinking about it, make it appointment to go and get yours!

Of course, the most important event on my calendar this week is Halloween. Our front yard is decorated with these charming witches dancing around a cauldron and I’m excited the kids will be able to get out for trick or treat. We’ll be setting up a no-contact candy station, complete with our old friend Mr. Skeleton to oversee the proceedings. Really hoping the little ones get to have some fun!

Perhaps most importantly this week, opening statements are set for Monday in the Trump Organization’s criminal fraud trial following the completion of jury selection on Friday. Trump’s longtime CEO Alan Weisselberg pled guilty. He was sentenced to 5 months at Rikers Island, 5 years of probation and payment of a $2 million fine. Weisselberg faced a much longer sentence without the plea, but now he has to testify, truthfully, in court this week. If he fails to do so the DA can rescind the plea agreement and Weisselberg would face the longer sentence. And therein lies the potential for drama here.

Weisselberg has refused to give up Trump, who is not charged in this case, although his company is. He pleaded guilty to all 15 of the charges against him in August, including taking in over $1.7 million worth of un-taxed extras that he helped keep off of the Trump Org’s books. This extra income included school tuition for his grandchildren, free rent for a Manhattan apartment and lease payments for a luxury car. So, if he testifies truthfully, it’s hard to see how the company, which stands accused of helping Weisselberg and other executives avoid income taxes by failing to report their full compensation accurately to the government, fails to get convicted.

Will any of the testimony implicate the former president personally? You’ll recall that Manhattan DA Alvin Bragg, who is prosecuting this case, was roundly criticized for failing to indict Trump shortly after he was elected and appeared to shut down the investigation into him. Two members of the DA’s team, including veteran prosecutor Mark Pomerantz who came to the office from private practice while Cy Vance was still the DA just to work on this matter left the office in a seeming disagreement with Bragg about whether to indict. While it’s unlikely that there will be a Perry Mason moment (or whatever the prosecutorial equivalent is) in a case where the evidence has been as thoroughly turned over as in this one, it’s impossible to rule out. We’ll keep our eyes on Manhattan this week!

Also in Manhattan, Trump friend and advisor Tom Barrack, who was the chair of the 2016 Inauguration committee, is being prosecuted for acting as an unregistered foreign agent (FARA violation). Barrack allegedly worked to influence U.S. foreign policy so that it would favor the United Arab Emirates' (UAE) interests. You can find the full indictment here.

Although potential jurors were told during jury selection that Trump might be called to the witness stand, that hasn’t happened. Former Secretary of State Rex Tillerson and former Treasury Secretary Steve Mnuchin have both testified and Barrack, perhaps the final witness, is on the stand and will continue to testify on Monday. 

The jury will likely begin deliberations this week and there could be a verdict by week’s end. DOJ has an impressive list of FARA success stories on its website, including another Trump associate, Elliott Broidy, who served as chair of the Republican Finance Committee. But there have been unsuccessful prosecutions, including the one involving Obama White House Counsel Greg Craig. These cases can be difficult to prosecute and Barrack has claimed this was just “puffery” on his part, not criminal conduct. Since there are no cameras in the courtroom in federal court, we’ll have to wait on the verdict to learn more.

In the Bronx, jury selection kicks off in a civil trial on Monday. The case involves five people who say members of Trump’s security team assaulted them and destroyed their property outside of Trump Tower as they were protesting in September 2015. The activists claim Trump gave either express or implied directions to his security team to act against the men, who were protesting Trump’s civil rights and immigration stance when he was running for the presidency.

On Thursday, there will be a hearing at the request of New York’s Attorney General to prevent Trump from transferring corporate assets to the new Delaware Corporation he registered when she filed her civil case involving corporate fraud against Trump Org. This is never a good look for a fraud defendant.

And on Friday, Trump owes the January 6 committee documents in response to the subpoena they served on him for documents and testimony. Anyone want to bet on whether Trump will be in full compliance?

That’s a lot for one week and there’s more, including the ongoing trials in DOJ’s January 6 prosecutions. One defendant who won’t be going to trial this week is Alex Harkrider, who carried a tomahawk into the Capitol and was scheduled to go on trial November 1, after several earlier delays. He is charged in a 13-count indictment, along with co-defendant Ryan Nichols, with crimes including assaulting an officer. That case has been continued, again, because of Nichol’s attorney’s health problems. And, the seditious conspiracy trial of Stewart Rhodes and his band of Oath Keepers continues.

If nothing else, Trump has been good to the legal profession.

My thoughts continue to be with the Pelosi family. I’m wishing Speaker Pelosi’s husband Paul a speedy recovery after he was attacked this week.

Remember that November 8 is the last day you can vote. If you can, take advantage of early voting and make sure those around you do too! Everyone can use a little reminder or an incentive, like plans for coffee (or maybe something stronger this go-round) after voting with friends.

We’re in this together,

Joyce