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Judge Smacks Down Trump in Scathing Memo: Show Up for Trial or Don’t, but Don’t Try to Blame Anything on the Court

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Senior U.S. District Court Judge Lewis Kaplan appears to be losing patience with Donald Trump and the attorney defending the ex-president in a defamation rape case brought by journalist E. Jean Carroll.

Trump, through his lawyer Joe Tacopina, was supposed to inform the judge by Thursday whether or not he would be showing up at trial, which begins next week. Trump is not being called as a witness by Carroll’s attorneys, nor is he legally required to appear or attend.

But Judge Kaplan needs to know if Trump will show, for reasons including security arrangements for the ex-president.

Tacopina appears to have tried to essentially get an excused absence note from Judge Kaplan, so he could blame his anticipated non-appearance on the Court rather than on the ex-president, but Kaplan wasn’t having it.

READ MORE: ‘Crisis of Public Confidence’: Chief Justice Invited to Testify Over ‘Decade-Long Failure’ to Fix Ethics – GOP Warns Against It

“Mr. Trump’s lead counsel expresses Mr. Trump’s alleged desire to testify at trial but seeks an order from the Court excusing his presence unless either party calls him as a witness and, in the event he does not testify, instructing the jury that his ‘absence . .. by design, avoids the logistical burdens that his presence, as the former president, would cause the courthouse and New York City,'” Judge Kaplan writes in a scathing memorandum (below).

“First, the Court neither excuses nor declines to excuse Mr. Trump from attending the trial or from testifying in this case,” Kaplan makes clear.

“Mr. Trump is under no legal obligation to be present or to testify. The plaintiff [Carroll] has made clear that she does not intend to call him as a witness. The decision whether to attend or to testify is his alone to make. There is nothing for the Court to excuse.”

“Second, the Court notes but does not accept Mr. Trump’s counsel’s claims concerning alleged burdens on the courthouse or the City were Mr. Trump to attend or testify,” Kaplan adds, making clear Trump cannot get away with claiming he did not attend or testify as a courtesy to the Court.

And Kaplan reiterates his confidence in all the entities that exist to ensure the ex-president’s safety and security.

READ MORE: ‘Chumbawumba of New York Lawyers’: Trump’s Attorney Allegedly Again Trying to Bypass Judge’s Anonymous Juror Ruling

“Mr. Trump is entitled by law to the protection of the United States Secret Service, which he now has enjoyed as a former president for more than two years. He has a right to testify in this case. As it would do for any person with business before the Court, the Court will do everything within its power to enable Mr. Trump to exercise that right. Moreover, it is entirely confident that the United States Marshals Service and the City of New York will do their parts in securing that right to Mr. Trump, just as they repeatedly have done in other cases involving security concerns.”

Judge Kaplan then makes clear he’s very aware of Trump’s schedule, writing, “the Court notes from Mr. Trump’s campaign web site and media reports that he announced earlier this week that he will speak at a campaign event in New Hampshire on April 27, 2023, the third day of the scheduled trial in this case.”

“If the Secret Service can protect him at that event, certainly the Secret Service, the Marshals Service, and the City of New
York can see to his security in this very secure federal courthouse.”

Kaplan also points out that  Trump has had months to decide – and points out his recent federal indictment.

“Mr. Trump has been on notice of the April 25 trial date in this case since on or about February 7, 2023,” he writes. “There has been quite ample time within which to make whatever logistical arrangements should be made for his attendance, and certainly quite a bit more time than the five or six days between his recent indictment on state criminal charges and his arraignment on that indictment approximately one block from the location of the trial of this case.”

“The question of the requested jury instruction is premature. Mr. Trump is free to attend, to testify, or both. He is free also to do none of those things. Should he elect not to appear or testify, his counsel may renew the request.”

Kaplan also issues a warning: “there shall be no reference by counsel for Mr. Trump in the presence of the jury panel or the trial jury to Mr. Trump’s alleged desire to testify or to the burdens that any absence on his part allegedly might spare, or might have spared, the Court or the City of New York.”

MSNBC legal analyst Lisa Rubin points to Tacopina’s Thursday afternoon response to Judge Kaplan.

“While Trump was ordered to tell Judge Kaplan today whether he intends to attend part or all of the Carroll trial,” she writes, “he won’t give the judge a straight answer. (And if you’re not a lawyer, let me translate: That’s not going to go over well. At all.)”

Read Judge Kaplan’s memo below or at this link.

Image via Shutterstock

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Justices Slam Trump Lawyer: ‘Why Is It the President Would Not Be Required to Follow the Law?’

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Justices on the U.S. Supreme Court hearing Donald Trump’s claim of absolute immunity early on appeared at best skeptical, were able to get his attorney to admit personal criminal acts can be prosecuted, appeared to skewer his argument a president must be impeached and convicted before he can be criminally prosecuted, and peppered him with questions exposing what some experts see is the apparent weakness of his case.

Legal experts appeared to believe, based on the Justices’ questions and statements, Trump will lose his claim of absolute presidential immunity, and may remand the case back to the lower court that already ruled against him, but these observations came during Justices’ questioning of Trump attorney John Sauer, and before they questioned the U.S. Dept. of Justice’s Michael Dreeben.

“I can say with reasonable confidence that if you’re arguing a case in the Supreme Court of the United States and Justices Alito and Sotomayor are tag-teaming you, you are going to lose,” noted attorney George Conway, who has argued a case before the nation’s highest court and obtained a unanimous decision.

But some are also warning that the justices will delay so Special Counsel Jack Smith’s prosecution of Trump will not take place before the November election.

READ MORE: ‘To Do God Knows What’: Local Elections Official Reads Lara Trump the Riot Act

“This argument still has a ways to go,” observed UCLA professor of law Rick Hasen, one of the top election law scholars in the county. “But it is easy to see the Court (1) siding against Trump on the merits but (2) in a way that requires further proceedings that easily push this case past the election (to a point where Trump could end this prosecution if elected).”

The Economist’s Supreme Court reporter Steven Mazie appeared to agree: “So, big picture: the (already slim) chances of Jack Smith actually getting his 2020 election-subversion case in front of a jury before the 2024 election are dwindling before our eyes.”

One of the most stunning lines of questioning came from Justice Ketanji Brown Jackson, who said, “If someone with those kinds of powers, the most powerful person in the world with the greatest amount of authority, could go into Office knowing that there would be no potential penalty for committing crimes. I’m trying to understand what the disincentive is, from turning the Oval Office into, you know, the seat of criminal activity in this country.”

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She also warned, “If the potential for criminal liability is taken off the table, wouldn’t there be a significant risk that future presidents would be emboldened to commit crimes with abandon while they’re in office? It’s right now the fact that we’re having this debate because, OLC [Office of Legal Counsel] has said that presidents might be prosecuted. Presidents, from the beginning of time have understood that that’s a possibility. That might be what has kept this office from turning into the kind of crime center that I’m envisioning, but once we say, ‘no criminal liability, Mr. President, you can do whatever you want,’ I’m worried that we would have a worse problem than the problem of the president feeling constrained to follow the law while he’s in office.”

“Why is it as a matter of theory,” Justice Jackson said, “and I’m hoping you can sort of zoom way out here, that the president would not be required to follow the law when he is performing his official acts?”

“So,” she added later, “I guess I don’t understand why Congress in every criminal statute would have to say and the President is included. I thought that was the sort of background understanding that if they’re enacting a generally applicable criminal statute, it applies to the President just like everyone else.”

Another critical moment came when Justice Elena Kagan asked, “If a president sells nuclear secrets to a foreign adversary, is that immune?”

Professor of law Jennifer Taub observed, “This is truly a remarkable moment. A former U.S. president is at his criminal trial in New York, while at the same time the U.S. Supreme Court is hearing his lawyer’s argument that he should be immune from prosecution in an entirely different federal criminal case.”

Watch the videos above or at this link.

READ MORE: ‘Blood on Your Hands’: Tennessee Republicans OK Arming Teachers After Deadly School Shooting

 

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‘To Do God Knows What’: Local Elections Official Reads Lara Trump the Riot Act

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The county clerk for Ingham County, Michigan blasted Republican National Committee co-chair Lara Trump after the ex-president’s daughter-in-law bragged the RNC will have people to “physically handle” voters’ ballots in polling locations across the country this November.

“We now have the ability at the RNC not just to have poll watchers, people standing in polling locations, but people who can physically handle the ballots,” Trump told Newsmax host Eric Bolling this week, as NCRM reported.

“Will these people, will they be allowed to physically handle the ballots as well, Lara?” Bolling asked.

“Yup,” Trump replied.

Marc Elias, the top Democratic elections attorney who won 63 of the 64 lawsuits filed by the Donald Trump campaign in the 2020 election cycle (the one he did not win was later overturned), corrected Lara Trump.

READ MORE: ‘I Hope You Find Happiness’: Moskowitz Trolls Comer Over Impeachment Fail

“Poll observers are NEVER permitted to touch ballots. She is suggesting the RNC will infiltrate election offices,” Elias warned on Wednesday.

Barb Byrum, a former Michigan Democratic state representative with a law degree and a local hardware store, is the Ingham County Clerk, and thus the chief elections official for her county. She slammed Lara Trump and warned her the RNC had better not try to touch any ballots in her jurisdiction.

“I watched your video, and it’s riveting stuff. But if you think you’ll be touching ballots in my state, you’ve got another thing coming,” Byrum told Trump in response to the Newsmax interview.

“First and foremost, precinct workers, clerks, and voters are the only people authorized to touch ballots. For example, I am the County Clerk, and I interact with exactly one voted ballot: My own,” Byrum wrote, launching a lengthy series of social media posts educating Trump.

“Election inspectors are hired by local clerks in Michigan and we hire Democrats and Republicans to work in our polling places. We’re required by law to do so,” she continued. “In large cities and townships, the local clerks train those workers. In smaller cities and townships, that responsibility falls to County Clerks, like me.”

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She explained, “precinct workers swear an oath to uphold the Constitution of the United States and the Constitution of the State of Michigan.”

“Among the provisions in the Michigan Constitution is the right to a secret ballot for our voters,” she added.

Byrum also educated Trump on her inaccurate representation of the consent decree, which was lifted by a court, not a judge’s death, as Lara Trump had claimed.

“It’s important for folks to understand what you’re talking about: The end of a consent decree that was keeping the RNC from intimidating and suppressing voters (especially in minority-majority areas).”

“With that now gone, you’re hoping for the RNC to step up their game and get people that you train to do god-knows what into the polling places.”

Byrum also warned Trump: “If election inspectors are found to be disrupting the process of an orderly election OR going outside their duties, local clerks are within their rights to dismiss them immediately.”

“So if you intend to train these 100,000 workers to do anything but their sacred constitutional obligation, they’ll find themselves on the curb faster than you can say ‘election interference.'”

READ MORE: ‘Blood on Your Hands’: Tennessee Republicans OK Arming Teachers After Deadly School Shooting

 

 

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Gag Order Breach? Trump Targeted Cohen in Taped Interview Hours Before Contempt Hearing

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Hours before his attorneys would mount a defense on Tuesday claiming he had not violated his gag order Donald Trump might have done just that in a 12-minute taped interview that morning, which did not air until later that day. It will be up to Judge Juan Merchan to make that decision, if prosecutors add it to their contempt request.

Prosecutors in Manhattan District Attorney Alvin Bragg’s office told Judge Juan Merchan that the ex-president violated the gag order ten times, via posts on his Truth Social platform, and are asking he be held in contempt. While the judge has yet to rule, he did not appear moved by their arguments. At one point, Judge Merchan told Trump’s lead lawyer Todd Blanche he was “losing all credibility” with the court.

And while Judge Merchan directed defense attorneys to provide a detailed timeline surrounding Trump’s Truth Social posts to prove he had not violated the gag order, Trump in an interview with a local television station appeared to have done so.

READ MORE: ‘They Will Have Thugs?’: Lara Trump’s Claim RNC Will ‘Physically Handle the Ballots’ Stuns

The gag order bars Trump from “commenting or causing others to comment on potential witnesses in the case, prospective jurors, court staff, lawyers in the district attorney’s office and the relatives of any counsel or court staffer, as CBS News reported.

“The threat is very real,” Judge Merchan wrote when he expanded the gag order. “Admonitions are not enough, nor is reliance on self-restraint. The average observer, must now, after hearing Defendant’s recent attacks, draw the conclusion that if they become involved in these proceedings, even tangentially, they should worry not only for themselves, but for their loved ones as well. Such concerns will undoubtedly interfere with the fair administration of justice and constitutes a direct attack on the Rule of Law itself.”

Tuesday morning, Trump told ABC Philadelphia’s Action News reporter Walter Perez, “Michael Cohen is a convicted liar. He’s got no credibility whatsoever.”

He repeated that Cohen is a “convicted liar,” and insisted he “was a lawyer for many people, not just me.”

READ MORE: ‘Old and Tired and Mad’: Trump’s Demeanor in Court Detailed by Rachel Maddow

Since Cohen is a witness in Trump’s New York criminal case, Judge Merchan might decide Trump’s remarks during that interview violated the gag order, if prosecutors bring the video to his attention.

Enter attorney George Conway, who has been attending Trump’s New York trial.

Conway reposted a clip of the video, tagged Manhattan District Attorney Bragg, writing: “cc: @ManhattanDA, for your proposed order to show cause why the defendant in 𝘗𝘦𝘰𝘱𝘭𝘦 𝘷. 𝘛𝘳𝘶𝘮𝘱 should not spend some quiet time in lockup.”

Trump has been criminally indicted in four separate cases and is facing a total of 88 felony charges, including 34 in this New York criminal trial for alleged falsification of business records to hide payments of “hush money” to an adult film actress and one other woman, in an alleged effort to suppress their stories and protect his 2016 presidential campaign, which experts say is election interference.

Watch the video below or at this link.

READ MORE: ‘Blood on Your Hands’: Tennessee Republicans OK Arming Teachers After Deadly School Shooting

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