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Will Acceptance of LGBT People Break the United Methodist Church Apart?

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The recent decision of the United Methodist Church to defer a decision on the role of LGBT people in the church is a desperate attempt to avoid schism in the bitterly divided denomination. It is not likely to succeed.

In May 2016, the quadrennial General Conference of the United Methodist Church (UMC) decided to defer the question of whether LGBT people can be full participants in the church. Rather than vote on more than 100 petitions that had been submitted on the question of human sexuality, the Conference delegates voted 428 to 405 to accept the recommendation of the Council of Bishops to suspend a debate on homosexuality pending the report of a proposed special commission that will examine and possibly recommend revisions of every paragraph in the Book of Discipline ”the denomination’s governing document“-related to human sexuality. The commission will issue its report prior to the 2020 General Conference.

The move is a desperate attempt to forestall schism in the nation’s second largest Protestant denomination, and the largest denomination in the wider Methodist movement. With a membership of about 7 million in the United States, and more than 4 million in Africa, Europe, and Asia, the United Methodist Church is the last of the mainline Protestant denominations in America to prohibit non-celibate LGBT church leaders and to oppose same-sex marriage.

The delaying tactic may forestall a formal schism for a year or two, but it is unlikely to succeed longer than that. The denomination’s internal contradictions and the depth of disagreements will likely propel a split into at least two denominations with strikingly different views of homosexuality and gay people.

Open Hearts, Open Minds?

 

In 2001, intent on reversing years of declining membership and countering a perception of conservative religious denominations as close-minded and intolerant, the United Methodist Church launched an advertising campaign, “Open Hearts, Open Minds, Open Doors.” The campaign was intended to suggest that Methodists, unlike, say, Southern Baptists, welcomed a diverse membership, including LGBT people.

For a while, the campaign was very successful, but when in 2005 a minister in Virginia denied membership to a gay man who had been invited to join the church choir, many people came to regard the denomination’s slogan as laughable, especially when the denomination’s Judicial Council upheld the minister’s right to deny membership on the basis of the man’s sexual orientation. The “Open Hearts, Open Minds slogan was even mocked by an ad for another, more truly accepting denomination, the United Church of Christ.

In response to the widespread mockery occasioned by this highly publicized and embarrassing incident, the UMC’s Council of Bishops issued a pastoral letter stating that “homosexuality is not a barrier” to membership. The pastoral letter, however, did nothing to reverse the minister’s decision to deny membership to the gay man.

The “Open Hearts, Open Minds, Open Doors” campaign failed because it quickly became apparent that the denomination’s public relations message is contradicted by the reality of its actual positions on homosexuality and LGBT people.

Contradictory Policies

The contradictions in the policies of the UMC toward homosexuality reveal a level of uncertainty and inconsistency (if not hypocrisy) that reflects the divisions within the denomination on the question of human sexuality.

For example, the denomination’s website contains a number of resolutions passed by its various committees and conferences, some of which extend welcome to all people and affirm their sacred worth. The denomination has even passed resolutions opposing homophobia and discrimination on the basis of sexual orientation.

Those resolutions, however, apparently do not apply to the denomination itself. The church’s “Book of Discipline,” for example, pointedly declares, “The United Methodist Church does not condone the practice of homosexuality and considers this practice incompatible with Christian teaching.”

The church also forbids the ordination of practicing homosexuals: “While persons set apart by the Church for ordained ministry are subject to all the frailties of the human condition and the pressures of society, they are required to maintain the highest standards of holy living in the world. The practice of homosexuality is incompatible with Christian teaching. Therefore self-avowed practicing homosexuals are not to be certified as candidates, ordained as ministers, or appointed to serve in The United Methodist Church.”

In addition, the “Book of Discipline” declares that “Ceremonies that celebrate homosexual unions shall not be conducted by our ministers and shall not be conducted in our churches.”

Moreover, the denomination forbids the use of United Methodist funds “to promote the acceptance of homosexuality.”

Church Trials and Civil Disobedience

The denomination has in recent years been roiled by church trials of sexually active gay clergy and of ministers who have officiated at same-sex marriages or commitment ceremonies, as well as by open defiance of the Book of Discipline’s homophobic regulations.

In the 1990s and early 2000s, church trials over gay issues were rare, but they almost always resulted in convictions. The Rev. Greg Dell, the Rev. Jimmy Creech, and the Rev. Beth Stroud were all defrocked either for their ministry to gay people or for their engaging in homosexual sexual activity.

In 2004, however, the case of Rev. Karen T. Dammann, pastor of a United Methodist Church in Ellensburg, Washington, signaled a change on the part of some UMC clergymembers. She was tried for having come out as a lesbian to her bishop. She explained that when she was ordained she did not realize that she was a lesbian, but that she had since entered into a lesbian relationship.

In response, her Bishop ordered her to stand trial for violating the prohibition against non-celibate gay clergy. The trial, however, was less a prosecution of Rev. Damman than a probing examination of the prohibition. She was acquitted by a jury of 13 fellow clergy members.

More recently, the most publicized of the church trials resulted in a conviction. On November 18, 2013, the Rev. Frank Schaefer of Lebanon, Pennsylvania was convicted for having officiated the same-sex wedding of his son, Tim Schaefer.

A month later, Rev. Schaefer was assessed a penalty of a 30-day suspension and told that if he would not agree to uphold the “Book of Discipline” in its entirety, he must surrender his credentials. When he refused to do so, he was defrocked.

The jury’s sentence was too clever by half. In effect, it defrocked Schaefer, but attempted to make it seem that the decision was his, not theirs. During the penalty phase of the trial, Schaefer made it clear that he would not retreat. He told the court, “I cannot go back to being silent. I am now an advocate for LGBT people in the world and in the church.”

On June 24, 2014, an Appeals Committee overturned Schaefer’s defrocking. The Committee did not reverse Schaefer’s conviction, but decided that the “compound penalty the Trial Court fashioned . . . is not within the range of penalties authorized.” It ruled that no penalty, “let alone the enhanced penalty of a withdrawal of credentials,” may be predicated on “a future possibility, which may or may not occur, rather than a past or present act.”

The purpose of the trial and defrocking of Schaefer was to intimidate other pastors from officiating at same-sex weddings. However, it instead galvanized a wave of Methodist ministers to step forward to disobey church prohibitions against marrying and ordaining openly gay people. Indeed, while Schaefer was awaiting trial for performing his son’s marriage ceremony, 36 other UMC pastors showed their solidarity with him by officiating at the wedding of two men in Philadelphia.

On October 26, 2013, retired United Methodist Church Bishop Melvin Talbert presided over the wedding of Bobby Prince and Joe Openshaw in Birmingham, Alabama. Prince and Openshaw are members of the United Methodist Church, but their local bishop, Debra Wallace-Padgett, refused to allow a minister under her jurisdiction to perform the ceremony. In response, Bishop Talbert volunteered his services.

In officiating at the Prince-Openshaw wedding, Bishop Talbert became the first UMC bishop to publicly perform a marriage for a same-sex couple.

[In the video below, Bishop Talbert expresses disappointment with the failure of the 2012 General Conference to remove the homophobic language from the Book of Discipline and declares that he will pursue acts of “Biblical obedience” and defy the denomination’s unjust laws.]

“All my life I have been an outspoken person for justice. I just see this as a continuing effort on my part to be faithful to the gospel, to speak truth and to do it out of love,” Talbert said in a statement explaining his decision. “It is no more than what I did in 1960 when I sat in at a lunch counter and refused to obey the unjust law of segregation. It’s the same. The principle is the same.”

He later officiated at a same-sex wedding in Charlotte, North Carolina in April 2016, where he and co-officiant the Rev. Val Rosenquist married John Romano and Jim Wilborne. Rosenquist said of her decision to violate church law: “Pastoral care means providing the resources of the church for the spiritual development [of her congregants] and their claiming of the faith and marriage is claiming this gift of the love of God. How could one deny that?”

Soon after the Schaefer trial, which generated a great deal of negative publicity for the denomination, several presiding bishops announced that they would no longer permit trials based on complaints regarding a pastor’s sexual orientation or officiating at same-sex weddings.

Hence, the trial of the Rev. Dr. Thomas Ogletree, a United Methodist Church clergyman and former Dean of Yale Divinity School, was averted at the last minute. He had been charged with violating the “Book of Discipline” when he conducted the wedding of his son Thomas Rimbey Ogletree to Nicholas W. Haddad at the Yale Club in New York on October 20, 2012. A wedding announcement in the New York Times prompted a group of conservative ministers to file a complaint.

Like Bishop Talbert, Ogletree was also active in the Civil Rights movement. His first civil disobedience arrest was at a segregated lunch counter with African-American colleagues, including John Lewis, who would later become a revered Congressman.

As Ogletree explained, “My experiences in the Civil Rights movement have illumined my responses to what I perceive to be unjust disciplinary rules in the United Methodist Church, especially rules that denied my right to officiate at my own son’s wedding. As a heterosexual, married clergyman I have a unique opportunity and obligation to challenge the inequitable treatment of gay and lesbian persons, both in church practices and also in the wider society. As Dr. Martin Luther King, Jr. reminded us in his ‘Letter from a Birmingham Jail,’ ‘One has a moral responsibility to disobey unjust laws.'”

Just as Ogletree’s trial was to begin, on March 10, 2014, New York Bishop Martin McLee announced that the charges had been dropped. In addition, Bishop McLee called on church officials to stop prosecuting other pastors for marrying same-sex couples and pledged that he would cease church trials over the issue in his district.

Since then, charges have been filed against a dozen or so clergy for either being openly gay or having officiated at a same-sex wedding. However, few of these have actually gone to trial.

When a complaint was filed against a Wisconsin pastor, the Rev. Janet Ellinger, for having officiated at the same-sex wedding of two couples, Bishop Hee-Soo Jung, rather than subjecting her to a trial, required her to address clergy to offer “an admission, explanation, and apology” for her actions. In response, she told the gathered clergy that her actions harmed no one. “My regret is for the spiritual violence and discrimination that is in the air we breathe as United Methodists because of our discrimination against gay, lesbian, bisexual, transgender, and queer persons.”

 “It was a faithful decision to officiate at the wedding of these couples. It was both my honor and my joy to do so,” she added.

Perhaps most crucially, an increasing number of jurisdictions (“Conferences”) have openly repudiated the “Book of Discipline’s” anti-gay regulations. They have not only rejected the notion that the practice of homosexuality is incompatible with Christian teaching, but also the denomination’s prohibition of non-celibate clergy and same-sex marriage ceremonies.

For example, on the eve of the May 2016 quadrennial General Conference, the Boards of Ordained Ministry of the Pacific Northwest, the Baltimore-Washington, and New York Annual Conferences announced that they would no longer consider sexual orientation a barrier to ordination.

Moreover, in the same week, 116 UMC clergy and candidates for clergy came out publicly as gay, bisexual, transgender, or queer. Their coming out was greeted by a letter from 500 openly LGBT clergy, future pastors, and faith leaders in a number of different denominations, offering them “much love and light.”

UMC’s First Openly Gay Bishop

In what may be the most provocative act of civil disobedience challenging the homophobia of the “Book of Discipline” came on July 15, 2016, when the Rev. Karen Oliveto, senior pastor of Glide Memorial Church in San Francisco, was elected Bishop by UMC’s Western Jurisdictional Conference (composed of the states of Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, Nevada, Oregon, Utah, Washington and Wyoming).

Oliveto, a graduate of Drew University and the Pacific School of Religion in Berkeley, is married to a deaconess, Robin Ridenour. The two have been in a relationship for 17 years. Oliveto has served as a campus minister at San Francisco State, as pastor of Bethany United Methodist in San Francisco, and as a faculty member at the Pacific School of Religion. She has been at Glide, a famously gay-friendly and notably diverse church, since 2008.

[In the video below, the Rev. Karen Oliveto discusses the divisions with the United Methodist Church and the 2016 General Conference.]

There is no question as to her qualifications for the position of Bishop, but, in addition to celebration of her election and consecration, there was also immediate negative reaction as well.

The Rev. Rob Renfroe, president of Good News, a group that lobbies for strict enforcement of the “Book of Discipline’s” policies in regard to homosexuality, said the election and other recent actions by annual conferences ignored the Council of Bishops’ proposal for a commission to examine all church law dealing with human sexuality.

“Instead, these conferences have moved ahead with legislative enactments pledging non-conformity with the Book of Discipline, culminating in the election of a practicing homosexual as bishop,” said Renfroe. He added ominously, “If the Western Jurisdiction wanted to push the church to the brink of schism, they could not have found a more certain way of doing so.”

Bishop Bruce R. Ough, president of the Council of Bishops, said the election of Oliveto would be seen by some as a violation of Church law and a significant step toward schism, while others will consider it a milestone toward becoming a more inclusive church.

“Our differences are real and cannot be glossed over, but they are also reconcilable,” Ough added.

Can Schism Be Averted?

Although Bishop Ough expressed confidence that the differences within the UMC can be reconciled, agreement on so divisive an issue as homosexuality is not likely. The denomination has been debating the issue for 50 years and has reached no consensus, in part because conservatives have blocked every attempt to forge a compromise.

While American members of the UMC are by a slight plurality in favor of reform, most of the denomination’s recent growth has been in Africa, where homosexuality remains taboo. Indeed, it is believed that the attempt at the 2012 General Conference to enact a compromise that would have amended the “Book of Discipline” so as to acknowledge that the denomination was divided on the question of homosexuality was defeated by the delegates from Africa voting in concert with the American traditionalists.

It is clear that the traditionalists are frustrated with what they see as the lawlessness of the reformers and that the reformers are no longer willing to honor patently homophobic language and policy within the denomination. Since efforts to reach a compromise have repeatedly been thwarted by conservatives, progressives have resorted to civil disobedience and defiance.

More than 750 American UMC congregations have publicly identified themselves as “reconciling congregations” that welcome all persons, regardless of sexual orientation, to participate fully in congregational life. In addition, many campus ministries, annual conferences, and other UMC groups have issued “reconciling” statements. In some jurisdictions, UMC pastors so routinely perform same-sex weddings that it makes no news or incurs any complaints.

In effect, there are already two American United Methodist denominations. One, largely urban, and bicoastal, embraces social justice and civil rights for LGBT people as a religious and moral as well as a social principle. The other, largely rural and Southern, clings to a traditional interpretation of the Bible’s “clobber passages” and accepts the “Book of Discipline” as a binding authority. It is unlikely that these two branches can coexist very long under a single rubric.

The branches are supposed to be united by a shared belief in the “Wesleyan Quadrilateral,” a reliance on scripture, tradition, reason, and experience in reaching moral and theological conclusions. The quadrilateral frames Methodist thought as less literalistic and more flexible than some other theologies because it provides for the possibility of change after discernment. Yet, it is clear that the two factions clashing over homosexuality in the church value the four legs of the quadrilateral differently and reach quite different conclusions as a result of their reflections.

As a recent Public Religion Research Institute report indicated, the continuing decline of church attendance and membership, especially among millennials, is related to the fraught relationship between conservative denominations and LGBT people and issues. Urban UMC churches know that the perception of homophobia seriously affects their ability to attract and minister not only to young people, but to the growing demographic of all ages that is supportive of equal rights for LGBT people, including marriage equality.

Historically, Methodists are prone to schism, sometimes over doctrinal differences and sometimes over social issues, such as slavery and the ordination of women. Schism over the participation of LGBT people in the church would hardly be unprecedented.

There is a slim possibility that the Council of Bishops could craft language that would allow both conservatives and progressives to remain happily in the denomination, but conservatives have rejected all previous efforts of accommodation. Most likely, the two factions will soon begin negotiating the terms by which they part ways.

 

Image by scottlum via Flickr and a CC license

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‘Used by the Russians’: Moskowitz Mocks Comer’s Biden Impeachment Failure

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After Democratic House Oversight Committee Ranking Member Jamie Raskin blasted Republican Chairman Jim Comer, declaring “somebody needs therapy here” during a heated verbal brawl Wednesday afternoon, U.S. Rep. Jared Moskowitz (D-FL) mockingly urged committee members to come together to “begin Comer’s therapy session.”

In a viral three-minute walkthrough of the discredited far-right wing chairman’s efforts, including making false claims and use, as Moskowitz noted, Russian disinformation to try to build a case against President Joe Biden, the Florida Democrat appeared to put the final nail in the impeachment coffin.

Moskowitz told the committee members Chairman Comer has to “face the fact that he was taken by the Russians,” and “was used by the Russians.” He also noted the committee has “already lost” Comer “to Russian propaganda.”

“I mean, we got to build a forcefield around the Chairman to make sure we don’t lose him to Chinese propaganda as well.”

READ MORE: ‘Big Journalism Fail’: Mainstream Media Blasted Over Coverage of Historic Trump Trial

Moskowitz made clear, through his well-known wit, that Comer “no longer has impeachment” as an option to use against President Biden.

The video has gone viral, with over 175,000 views in just over one hour.

Read the transcript of Moskowitz’s remarks and watch the video below or at this link.

“Let me start by saying, obviously Chairman Comer’s not here, but I think in light of what we witnessed earlier, I think it’s important that together as a committee that we begin, Chairman Comer’s therapy session, right. You know, a member of the other side wanted to confirm what the title of the hearing was, right, Chinese propaganda. Well, we know the title of the hearing certainly isn’t about impeachment anymore. And Chairman Comer has suffered tremendous loss, and we all know in our life, what it’s like to suffer tremendous loss. There’s all sorts of different stages of grief and that’s the loss obviously, of his of his impeachment hearing. And everyone deals with that in different ways and sometimes it takes time to grieve and struggle and and fill that hole that void that now exists now that he no longer has impeachment.”

“The only way we as a committee are going to help Chairman Comer get better is we have to get to the root cause. Right? So for today’s therapy session, okay, I want to talk about denial. Right? The denial that the impeachment hearings are over, and the denial, obviously, that he started with the 1023 form, which was Russian disinformation. And so, you know, Chairman Comer’s psychology teaches us that, you know, someone might be like him, using denial as a defense mechanism. And signs include that you refuse to talk about the problem. You find ways to justify your behavior, you blame other people or outside forces for causing the problem. You persist in your behavior by consequences. You promise to address the problem, maybe in the future, or you avoid thinking about the problem. And so in addition to these signs that Chairman comer has been displaying, as we saw at the beginning, he also might be feeling hopeless or helpless.”

READ MORE: ‘Scared to Death’: GOP Ex-Congressman Brings Hammer Down on ‘Weak’ Trump

“I just want the chairman to know that we’re pulling for him. We really we really are. I know, I know. It’s been hard to become someone who was used by the Russians. But the good news is, is that he’s this hearing today on Chinese propaganda, because we’ve already lost him to Russian propaganda. I mean, we got to build a forcefield around the chairman to make sure we don’t lose him to Chinese propaganda, as well.”

“In fact, you can see behind me, these are quotes from the chairman, Chairman Comer. Every single solitary time and there are hundreds more that he went on TV in interviews and talked about this 1023 form, which was all Russian disinformation. But we gotta make the Chairman understand that it’s going to be okay. We will get him through this, but he’s got to recognize, gotta recognize that denial is not just a river in Egypt. He’s gonna have to face the fact that he was taken by the Russians.”

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‘I Have a Bucket of Water’: Dems to Save Johnson’s Job Over GOPer Who Wants ‘World to Burn’

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Mike Johnson can count on at least some Democrats to save his job after a second Republican announced he supports U.S. Rep. Marjorie Taylor Greene‘s efforts to remove the embattled GOP Speaker of the House. Weeks ago Greene filed a motion to “vacate the chair,” which she can call up at any time to force a vote that could lead to Johnson losing his gavel.

“I just told Mike Johnson in conference that I’m cosponsoring the Motion to Vacate,” U.S. Rep. Thomas Massie (R-KY) declared late Tuesday morning. “He should pre-announce his resignation (as Boehner did), so we can pick a new Speaker without ever being without a GOP Speaker.”

“You’re not going to be the speaker much longer,” Massie directly told Speaker Johnson, Politico reports, citing two lawmakers in the room.

Asked by a social media user, “What was the straw that broke the Camel’s Back? FISA? Foreign War Funding? Spending more than Nancy Pelosi? All of the above?” Massie replied: “All of the above. This camel has a pallet of bricks.”

Like many far-right House Republicans, Massie is furious Speaker Johnson plans to put on the floor foreign aid and national security legislation to support Ukraine, Israel, and Taiwan this week, only after Iran’s attack on Israel over the weekend forced his hand.

“Friday, we have one less Republican in the majority as Rep Gallagher leaves instead of finishing his term,” Massie wrote earlier Tuesday morning, referring to exiting U.S. Rep. Mike Gallagher (R-WI). “As a going away gift, Speaker Johnson plans to force the senate to take up Gallagher’s bill to ban tiktok and give Presidential power to ban websites.”

READ MORE: ‘Something’s Fishy Here’: Trump’s Latest $175 Million Bond Filings Questioned by Experts

“But still no border,” Massie lamented, referring to Republicans’ top priority after Donald Trump made clear he will campaign on an anti-immigrant platform and urged Republicans to block bipartisan legislation to fund additional border security.

(President Joe Biden and Senate Democratic Majority Leader Chuck Schumer supported the Senate’s bipartisan bill, which would have provided aid to Ukraine, Israel, Taiwan, humanitarian assistance to Gaza, and a massive increase in border security. It was killed in the Senate after Republican Minority Leader Mitch McConnell pulled his support in response to Trump’s remarks.)

Congresswoman Greene, who was accused by U.S. Rep. Jared Moskowitz last week of not having enough votes to “rename a post office,” much less unseat Speaker Johnson, responded to Massie’s remarks:

“Johnson is the Deep State Speaker of the House funding the Democrat’s agenda in an omnibus, blocking warrant requirements for FISA, this week ramming through billions for Ukraine, and now this after allowing Gallagher to leave his district without representation. Can’t continue.”

She also posted Massie’s signature signing onto her Motion to Vacate.

In a show of support for Johnson, last week Donald Trump held a joint press conference with the embattled Speaker, during which both attacked immigrants and Johnson vowed legislation to ban non-citizens from voting. It is already a federal felony for non-citizens to vote.

CNN’s Manu Raju reports, “after Gallagher resigns — Johnson would almost certainly need Democrats to save his job if the motion to oust him comes up for a vote. Democratic Rep. Jared Moskowitz says he would save Mike Johnson’s job if MTG [Marjorie Taylor Greene] brings motion to oust him.  Others like Democratic Rep. Tom Suozzi also said they would vote to save Johnson  ‘Democrats don’t even let her rename post offices, I’m not gonna let her make a motion to vacate,’ Moskowitz told me.”

Moskowitz responded, saying: “My position hasn’t changed. Massie wants the world to burn, I won’t stand by and watch. I have a bucket of water.”

READ MORE: ‘Scared to Death’: GOP Ex-Congressman Brings Hammer Down on ‘Weak’ Trump
 

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‘Something’s Fishy Here’: Trump’s Latest $175 Million Bond Filings Questioned by Experts

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Attorneys for Donald Trump waited until less than two hours before midnight Monday to file revisions to the ex-president’s $175 million bond for the judgment in his civil fraud case after New York State Attorney General Letitia James questioned the validity of his first bond. Legal experts are now questioning details of the new bond filings. Some suggest a portion of the $175 million might also currently be in use to secure other debts or obligations.

After Trump was found liable for manipulation of his net worth in the civil business fraud case and ordered to pay a $354.9 million penalty plus interest, he was required to post bond to ensure the people of the State of New York would receive $454.2 million if his appeal is unsuccessful.

“The judge said that the former president’s ‘complete lack of contrition’ bordered on pathological,” The New York Times reported two months ago.

Trump’s attorneys later declared it impossible for him to come up with a bond of that amount, and an appeals court drastically reduced the required bond amount to $175 million.

READ MORE: ‘Your Client Is a Criminal Defendant’: Judge Denies Trump Request to Skip Trial for SCOTUS

After 10 PM Monday night, ahead of the midnight deadline, attorneys for Donald Trump in court filings said the $175 million bond is secured, and is tied to a Trump account at Charles Schwab that has over $175 million in cash, CNN reports. The filing states the California company securing the bond, Knight Specialty Insurance Company (KSIC),  has administrative access to it and can pay out the $175 million if needed.

Trump’s attorneys “asked the judge to set aside the attorney general’s challenge to the bond and award him costs and fees.”

Professor of law Andrew Weissmann, a frequent MSNBC legal analyst and former Dept. of Justice official, is raising questions.

“Something’s fishy here,” he wrote late Monday night. “If Trump has $175M free and clear, why not just directly post it and not pay a fee for a surety bond? And the agreement does not give Knight a lien on the account as collateral and seems to afford Trump a two-day window to dissipate the account.”

A screenshot of a portion of the filing, posted by MSNBC’s Lisa Rubin, states, “Schwab, as custodian of the account, has acknowledged KSIC’s right to exercise control over the account within two business days of receiving notice from KSIC of KSIC’s intent to activate the control.”

Attorney and journalist Seth Abramson in a series of posts on social media claimed, “so this is looking very bad for Donald Trump. He says in his Monday night filing that the Schwab account has $175.3 million *in total*, so *if* Axos Bank is depending on that same account for a (semi-)liquid $100M in collateral on another loan, this bond filing is DOA.”

After asking, “Is Trump double-dipping?” Abramson posted more details.

NCRM has not verified those claims.

Attorney Lupe B. Luppen adds, “it took about ten seconds from opening the account security agreement to find a significant drafting error, which makes the signature page look like it belongs to a different agreement (DJT Jr’s attestation identifies the wrong secured party—a Chubb co.).”

READ MORE: ‘Scared to Death’: GOP Ex-Congressman Brings Hammer Down on ‘Weak’ Trump

Late Monday night on MSNBC Weissmann “expressed incredulity,” as Mediaite reported, saying of Trump and his bond: “It is just so remarkable. This is somebody who has been found by two juries to have defamed somebody, who has been found to have sexually assaulted somebody – the company of which has been found criminally liable for a decade-long tax conspiracy, criminally, and has been found to have committed fraud, has to post a bond of $175 million, is on trial starting today for a criminal case involving 34 felonies.”

“And he can’t find a frigging company that is registered in New York? Meaning, that they are licensed to do business here, which it appears they are not, and that has the wherewithal to pay the money because remember, the whole point is that you either have to put up the money now or you have to find a bond company that is sufficiently liquid that the plaintiff can look to that bond company if at the end of the day the judgment is affirmed.”

Attorney General Letitia James earlier had alleged KSIC, the company that secured the bond, was not registered to do so in New York. Experts questioned the language of that filing, claiming it did not require the company that secured the bond to actually pay out $175 million should Trump lose his appeal and be ordered to pay the full amount.

Calling it a “bizarre contract,” earlier this month The Daily Beast reported, “the legal document from Knight Specialty Insurance Company doesn’t actually promise it will pay the money if the former president loses his $464 million bank fraud case on appeal. Instead, it says Trump will pay, negating the whole point of an insurance company guarantee.”

READ MORE: ‘Not a Good Start’: Judge Slams Trump’s ‘Offensive’ Recusal Claims as a ‘Loose End’

 

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