NY - Ex-President Donald Trump, charged with 34 criminal counts of falsifying business records, Apr 2023, Trial 25 Mar 2024 #2

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Coming up!

3. Thursday, March 21, 2024

NY Election Interference: Parties to file separately detailed timelines of the events surrounding the requests and ultimate production of documents by the USAO-SDNY, including all relevant correspondence between and among DANY, Trump and USAO-SDNY

6. Monday, March 25, 2024

NY Election Interference: (1) Hearing in courtroom 59 at 10 AM on (a) Trump pending motion to dismiss, in the alternative preclude witness testimony, and adjourn based on discovery violations, and (b) the scheduling of a trial date, if one is necessary; and (2) DANY to finalize trial exhibit designations

link: Master Calendar of Trump Court Dates: Criminal and Civil Cases
 
A bit of a long one - will shorten it up a bit now!

Monday, March 25th:
*Status/Motions Hearing (@ 10am ET) – NY - *Donald John Trump (76/now 77) was indicted (3/30/23), formally arrested, charged & arraigned (4/4/23) with 34 felony counts of falsifying business records in the 1st degree & conspiracy in connection with hush money payments to two women before the 2016 presidential election. Plead not guilty. Warrant vacated, released on recognizance. New York County #IND-71543-23/001
NY false invoices or checks. All 34 counts against Trump are felony charges (class E) instead of misdemeanors.
Gag Order in place (2/26/24). The limited gag order would bar Trump from attacking potential trial witnesses, jurors & Bragg & Merchan’s staffs while excluding the prosecutor & the judge themselves from the order.
Trial was set to begin on 3/25/24 but was postponed [30 days out] per Trump’s Motion to delay (3/14/24) on 4/15/24.
NY Supreme Court Judge Juan Marchan presiding. Manhattan Attorney General Alvin Bragg. Defense attorneys Todd Blanche & Susan Necheles.

Investigation & arraignment/court info from 3/30/23 thru 11/14/23 reference post #553 here:
https://www.websleuths.com/forums/t...ng-business-records-apr-2023-2.673176/page-28

11/14/23 Update: Trump in a sudden twist dropped his bid to move his hush money criminal case to federal court Tuesday. At the time of publication, the reason the former president’s counsel moved for a voluntary dismissal of the appeal was unclear. The decision to do so means Trump will proceed in State court as he defends himself against 34 charges of falsifying business records, which revolve around hush money deals made with former adult film star Stormy Daniels & former Playboy model Karen McDougal. Motion to dismiss hearing on 2/15/24.
2/15/24 Update: Judge Juan Merchan got straight to the point when proceedings kicked off, saying he had issued a written ruling on Trump’s bid to throw out the case. “Defendant’s motions to dismiss have been denied,” Merchan said, before adding: “We’re moving ahead to jury selection on 3/25/24.” The judge in Trump’s case, Juan Merchan, announced his decision moments after the ex-president appeared in his 15th floor courtroom at 100 Centre Street at 9.30am for a hearing in the case.
2/26/24 Update: Affirmation & Memorandum of Law in Support of Motion for an Order Restricting Extrajudicial Statements filed by Manhattan District Attorney Alvin Bragg has asked a judge on Monday to impose a gag order on Trump.
2/27/24 Update: Motions filed by defense. re People to be precluded from testifying: Michael Cohen, Stormy Daniels, Karen McDougal & Dino Sajudin. Preclude from arguing that Trump sought to improperly "influence" the 2016 Election. Arguments on the "Intent to Defraud" element & argument concerning the So-Called "catch & Kill" scheme.
3/5/24 Update: Trump's Motion to Exclude Evidence & for an Adjournment based on Presidential immunity [motion (1) for an adjournment of trial pending review of the scope of the presidential immunity which the Supreme Court will hear on 4/25/24 & (2) to preclude evidence of Trump’s official acts at trial based on presidential immunity) filed by Todd Blanche, Emil Bove & Stephen Weiss.
3/12/24 Update: Trump notified Judge Juan Merchan of his intent to raise an advice-of-counsel defense at his coming criminal trial in New York. Trump says in the filing that it isn't a "formal" advice-of-counsel defense—meaning that "there is no privilege waiver" of attorney-client communications. Trump attorneys said that his defense, in part, will be that he "lacked the requisite intent to commit the conduct charged in the indictment." "Trump intends to elicit these facts from witnesses, whom we expect will testify about Trump's awareness of counsel's involvement in the charged conduct. This is not a formal advice-of-counsel defense," his lawyers wrote in a criminal court filing made public Tuesday.
Attorney Bradley P. Moss continued on X, "So the way I read this is that Trump's legal argument is his intent can never meet the requisite criminal threshold by virtue of the fact that lawyers were involved. Sort of an 'I gave orders, I assume the lawyers do everything lawfully, I am now covered' argument."

3/14/24 Update: People's Notice regarding the production of records from the U.S. Attorney's office & consent to adjournment filed by Alvin L. Bragg, Jr. Manhattan prosecutors tell NY judge they do not oppose Trump's motion to delay his upcoming hush money criminal trial due to expected production of evidence from the U.S. Attorney's Office. Nonetheless & although the People are prepared to proceed to trial on 3/25/24, we do not oppose an adjournment in an abundance of caution & to ensure that defendant has sufficient time to review the new materials. We therefore notify the Court that we do not oppose a brief adjournment not to exceed 30 days, notwithstanding the People's compliance with all of our obligations under Article 245. We also request an extension from Friday, 3/15/24 to Monday, 3/18/24 for the People to file our full response to defendant's discovery motion, in order to permit us to fully address intervening developments since the date of defendant's motion.
link: https://s3.documentcloud.org/documents/24481288/20240314-peoples-notice.pdf

3/15/24 Update: Trump had also been scheduled to go on trial in New York on 3/25/24 on State charges of paying pre-election hush money to a *advertiser censored* star but the judge presiding over the case delayed the start of the trial on Friday, 3/15/24. Judge Juan Merchan pushed the start of the trial back until mid-April [April 15, 2024] at the earliest after both sides received a deluge of new case documents. He scheduled a 3/25/24 hearing on next steps. Hearing at 10am (a) Trump pending motion to dismiss, in the alternative preclude witness testimony & adjourn based on discovery violations & (b) the scheduling of a trial date, if one is necessary; & (2) DA NY to finalize trial exhibit designations.
3/18/24 Update: Decision & Order on People's Motions in Limine. People's I: Motion to exclude witness testimony & argument regarding Federal election laws. Judge Juan Merchan has denied Trump's request to block Michael Cohen, Stormy Daniels & Karen McDougal from testifying in his upcoming criminal hush money case. All will be able to testify, with some minor restrictions imposed. The Court will monitor this testimony closely to ensure full compliance. Any deviation from this ruling could result in sanctions up to & including the striking of the expert's entire testimony.
People's II & III: (II) Motion to exclude evidence or argument regarding the Federal Election Commission's dismissal or complaints against defendant. (III) Motion to exclude evidence or argument regarding any purported decision by the U.S. DOC not to charge defendant with campaign finance violations. Judge granted-People cannot argue at trial that Cohen's guilty plea to FECA violations is probative of defendant’s guilt in the instant matter. And defendant is precluded from eliciting testimony or introducing evidence about both.
People's IV: Motion to exclude evidence or argument regarding selective Prosecution or Government misconduct. Granted.
People's V: Motion to exclude evidence or argument regarding Federal Prosecutors' purported views of Michael Cohen's credibility. Rejected evidence of SDNY prosecutors' opinions of Cohen's credibility as hearsay. People's motion is granted to the extent that defendant may not impeach witnesses thru inadmissible hearsay such as the opinions of federal prosecutors.
People's VI: Motion to exclude arguments regarding any alleged reliance on Advice of Counsel unless & until defendant establishes a sufficient factual predicate for that defense. People's motion granted.
People's Point VII: Motion to exclude evidence or argument regarding legal defenses this court has already rejected. People's motion granted.
People's Point VIII: Motion to introduce potential Molineux evidence. The Court needs to review the proposed evidence before ruling on its admissibility.
link to all: https://www.nycourts.gov/LegacyPDFS/press/pdfs/Dec on People's MIL.pdf
Decision & Order on defendant’s Motions in Limine. Defendant's A: The testimony of Michael Cohen [to preclude his testimony that he is a liar]. The Court appreciates defendant's interest in protecting the process of justice & the integrity of this Court, but his motion is DENIED.
Defendant's B: The Court should preclude the People from arguing that Trump sought to improperly influence the 2016 election; Defendant's C: The Court should preclude improper arguments on the element of intent to defraud; Defendant's D: The Court should preclude evidence & argument concerning the so-called Catch & Kill scheme. Defendant's B, C & D are DENIED.
Defendant's E, F & G: The Court should preclude testimony from, or regarding Dino Sajudin, Karen McDougal & Stephanie Clifford (Stormy Daniels). Defendant's motions are denied with certain limited instructions. So far as they seek preclusion of "any" evidence about the aforementioned 3 individuals. Such an application is much too broad & unsupported-DENIED. Finally, defendant's motion to preclude the results of any polygraph tests taken by Daniels is Granted.
Defendant's H: The Court should preclude evidence regarding the so-called Access Hollywood tape. Defendant's motion to preclude is DENIED subject to strict limitations as more fully discussed in this Court's Decision on the People's motions in limine.
Defendant's I: The Court should preclude the People from presenting meritless arguments concerning FECA's Ambit. Defendant previously made this same application & it was denied. It is now denied once again.
Defendant's J: The Court should preclude evidence of third parties' admissions of FECA violations. The defendant's motion is granted to the extent that the People are precluded from arguing that Cohen's guilty plea to FEC violations is probative of the defendant's guilt in the instant matter.
Defendant's K: The Court should preclude evidence concerning AMI's books & records. Motion denied.
Defendant's L: The Court should preclude evidence & argument that trump or his trust is the PLS175.10 "Enterprise". The defendant inappropriately uses this opportunity to again attack the legal sufficiency of the charges. Motion is denied & he is cautioned not to raise this argument again to the jury.
Defendant's M: The Court should preclude the alleged notes by Allen Weisselberg. Defendant says on the grounds that they constitute inadmissible hearsay. The documents in question may be admissible under the business records exception provided the People lay the proper foundation. As such, decision on Defendant's M is RESERVED.
Defendant's N: The Court should preclude evidence concerning Mayor Rudolph Guiliani. The People do not seek to introduce these statements into evidence in their case in chief, therefore the issue is moot & this Court does not need to rule on it.
Defendant's O: Absent an offer of proof, the People should be precluded from introducing the nearly 100 statements they seek to attribute to Trump. The People should be required to make a pretrial offer of proof regarding the admissibility of statements by Trump on the grounds that they are irrelevant, stale & cumulative. Motion is DENIED.
Defendant's P: The Court should require the People to disclose a realistic exhibit list. In their opposition, the People represented that they have fulfilled their obligation & that the exhibit lit they provided was not in a state of disarray. Rather the people suggest that whatever disorganization there may appear to be is of defendant's own doing or due to defendant's failure to properly navigate the evidence & the list. Motion is denied. The Court accepts People's representations & directs the People to continue.

link to all: https://www.nycourts.gov/LegacyPDFS/press/pdfs/Dec on Defendant's MIL.pdf
 
Trump enters the courtroom, walking slowly to the defense table after telling reporters outside "It's a witch hunt."


Judge Merchan to Trump's team: "That you don't have a case right now is really disconcerting."

Judge Merchan to Trump's team: "That you don't have a case right now is really disconcerting.""You are literally accusing the Manhattan DA's office and the people assigned to this case of prosecutorial misconduct." Merchan says Trump's team doesn't have a single example to support that allegation.
@MSNBC

11:10 AM · Mar 25, 2024

Justice Merchan notes that Todd Blanche was a former federal prosecutor for SDNY. Blanche agrees, listing his tenure there.Judge: You were there for 13 years?Blanche: Yes, your honor.Merchan says Blanche knew how the procedures work and asks why he delayed his subpoena.


10:59 AM · Mar 25, 2024
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Meanwhile, in a different courthouse downtown, Trump is having a much worse day in his criminal case. After reviewing Trump’s accusations of discovery misconduct by the Manhattan DA, Judge Juan Merchan notes a “pattern” that’s been “going on for months.” 2/

And that pattern, he says, is one in which he, as the presiding judge, reads or sees the same information as Team Trump but they come to a “very different interpretation.” 3/

Here, Merchan says, before taking a 45-minute-long break, the DA’s office “went so far above and beyond what they’re required to do” in terms of obtaining and producing discovery from federal prosecutors “that it’s odd that we’re even here.” 4/

As of today, Merchan had granted a 30-day adjournment starting 3/15. My guess is that he won’t rescind that per se, but in exchange for extra time for trial prep, Todd Blanche took a meaningful credibility hit with the judge before jury selection has even started. 5/

Why do I say that? In the process of an extended question and answer with both sides, Merchan forced Blanche to admit that the Manhattan DA’s office does not control DOJ prosecutors or the FBI, as would be necessary to impose extra discovery burdens on them under NY law. 6/

He further got Blanche to concede that it’s not Trump’s position that the DOJ purposefully withheld documents from Trump or the DA’s office. 7/

And finally, he got Blanche to tell the world what many already knew: He spent 4 years as a paralegal and then 9 years as a prosecutor at SDNY. 8/

And therefore, Merchan suggested, Blanche knows well that he could have complained about the DA’s discovery or requested it himself from SDNY well before two months ago. Stay tuned for a potential ruling and/or trial date after the break. FIN.
 
NY judge issues a gag order restricting Trump's ability to attack witnesses, prosecutors, their families or jurors.


Was wondering if that would happen, because (again) ...... "Former President Donald Trump attacked the daughter of Judge Juan Merchan in a Truth Social post on Tuesday".

 
Was wondering if that would happen, because (again) ...... "Former President Donald Trump attacked the daughter of Judge Juan Merchan in a Truth Social post on Tuesday".

He knows he'll get away with it so at this point why wouldn't he say whatever he wants? I'm beyond angry at the differential treatment I'm seeing here. IMO
 
@KlasfeldReports


Manhattan DA Bragg fires a shot across the bow, telling the judge that the "properly read" gag order prohibits Trump from attacking the judge's daughter. He wants the judge to "warn" Trump to stop, under threat of contempt sanctions.
Doc https://documentcloud.org/documents/24524651-20240328-people-peoples-pre-motion-letter-filed
It's worth reviewing the express terms of the gag order to see the legal fight ahead: It bars Trump from attacking "the family members of any counsel or staff member," setting up a fight over who's a counsel or staff member.Most saliently here, does it include the judge?
Bragg answers yes, and adds its also includes *his* family members, even though the gag order allows Trump to attack him personally.


Trump's lawyers answer no, and they point out in the footnote that the AP's coverage of it made the same assumption they did — that his attacks on the judge's clerk didn't appear to violate the order.

Trump's lawyers have asked for a hearing on whether to expand the gag order to protect the judge's family.


 
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The New York judge overseeing Donald J. Trump’s upcoming criminal trial expanded an existing gag order on Monday to bar the former president from attacking the judge’s family members, who in recent days have become the target of Mr. Trump’s abuse.

Justice Juan M. Merchan last week issued an order prohibiting Mr. Trump from attacking witnesses, prosecutors, jurors and court staff, as well as their relatives. That order, however, did not cover Justice Merchan himself or the Manhattan district attorney, Alvin L. Bragg, who brought the criminal case against the former president.

And although the ruling issued on Monday still does not apply to the judge or the district attorney, Justice Merchan, granting a request from Mr. Bragg’s office, amended the gag order so that it does now cover their families.

Mr. Bragg’s office asked the judge to clarify that their family members are included, calling such protection “amply warranted.” Noting Mr. Trump’s track record of issuing “threatening and alarming remarks,” Mr. Bragg’s office warned of “the harms that those family members have suffered.”


 

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Donald Trump has posted a $US175 million ($269 million) bond in his New York civil fraud case, averting asset seizures by state authorities which could have hobbled the former US president's business empire.
 
A New York state judge has shut down an attempt by Donald Trump to prove NBC purposefully released its Stormy Daniels documentary near the date of the president’s April 15 hush money trial in an effort to damage him in court, blocking a subpoena for network documents the judge called a “fishing expedition.”

Merchan said the subpoena was "the very definition of a fishing expedition" also said it would be a violation of civil rights law for Trump’s attorneys to gain "unfettered access" to the internal documents of a media organization.

 
Another try for a delay.....


April 8, 2024

Donald Trump will sue the judge overseeing his hush money trial, which is over allegations that Trump forged financial records in an attempt to cover up a sex scandal, the New York Times first reported.

The latest lawsuit from Trump is a last-minute attempt to delay the trial, which is set to begin 15 April in New York City.

According to the Times, Trump’s legal team has now filed an action against Judge Juan Merchan, though the lawsuit itself is not public.

Two sources with knowledge on the suit told the Times on Monday that Trump’s attorneys are asking an appeals court to delay the trial and also attacking a gag order that Merchan placed on Trump.
 
Another try for a delay.....


April 8, 2024

Donald Trump will sue the judge overseeing his hush money trial, which is over allegations that Trump forged financial records in an attempt to cover up a sex scandal, the New York Times first reported.

The latest lawsuit from Trump is a last-minute attempt to delay the trial, which is set to begin 15 April in New York City.

According to the Times, Trump’s legal team has now filed an action against Judge Juan Merchan, though the lawsuit itself is not public.

Two sources with knowledge on the suit told the Times on Monday that Trump’s attorneys are asking an appeals court to delay the trial and also attacking a gag order that Merchan placed on Trump.
D-E-S-P-E-R-A-T-I-O-N. MOO
 
Frank G. Runyeon

@frankrunyeon

Trump subpoenaed the wrong guy, @ManhattanDA says.
Trump seeks records from an ex-DA investigator but got the wrong Jeremy Rosenberg. "I don't have any files for you," J.R. said and told Trump's atty, before adding, "I'm keeping the fifteen dollars" in witness travel fees.

Trump asked the court to enforce his subpoena against J.R. , decrying his “flippant and dismissive approach” to it.Trump says (a different?) Rosenberg had contact w/ Michael Cohen that may show “bias and hostility" toward Trump & “the lack of integrity” in investigation.

I don't know if he's the right guy or not... but this is quite a response to a subpoena from Donald Trump!



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Frank G. Runyeon
@frankrunyeon

Trump subpoenaed the wrong guy, @ManhattanDA says.
Trump seeks records from an ex-DA investigator but got the wrong Jeremy Rosenberg. "I don't have any files for you," J.R. said and told Trump's atty, before adding, "I'm keeping the fifteen dollars" in witness travel fees.

Trump asked the court to enforce his subpoena against J.R. , decrying his “flippant and dismissive approach” to it.Trump says (a different?) Rosenberg had contact w/ Michael Cohen that may show “bias and hostility" toward Trump & “the lack of integrity” in investigation.

I don't know if he's the right guy or not... but this is quite a response to a subpoena from Donald Trump!



View attachment 496201
This is one of my favorite responses EVER. JR, you deserve that $15 and then some!

JMO
 
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