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You are here: Home / Politics / Trump Indictments / Trump’s NY Criminal Trial / Trump’s NY Criminal Trial, Day 12

Trump’s NY Criminal Trial, Day 12

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This post is in: , , ,

.It’s Day 8 of the actual trial!  Day 12 if you include jury selection.

Best sources of live blogging that I have found.

Mark Sumner at Daily Kos  (nothing yet this morning)

Anna Bower (Lawfare) on twitter

Tyler McBrien (Lawfare) on twitter

Josh Kovensky (TPM) on twitter

Andrew Weissman on twitter (not seeing this yet today)

Adam Klasfeld on twitter

I think someone said the ABC live blogging was good?  I thought CNN was awful.

It’s been interesting to see the hot takes in the moment with live blogging and then to see the more considered opinions that come out later in the day.

While things are ramping up, feel free to share the reconsidered hot takes you may have heard about since the trial closed on Friday afternoon.

This awesome image, courtesy of Baud this morning.  Made me laugh!

Open thread.

Reader Interactions

161Comments

  3. 3.

    Tom Levenson

    The judge has found Trump in criminal contempt for the 10th time, fining him $1,000 and noting that the fines are not having any effect on the orange one’s behavior. He’s said the next stop may (emphasis on the may, not will) land the ludicrous tangerine ballsack* in jail.

    *FSM bless the Scots.

  5. 5.

    Belafon

    @Tom Levenson: I wonder if there’s a way for the judge to say that any violations of the gag order will be evaluated as potential evidence to be submitted in the trial.

  6. 6.

    Scout211

    NBC

    Jeff McConney was sworn in and has taken the stand as the next witness. McConney was the longtime controller of the Trump Organization and worked directly under its former chief financial officer Allen Weisselberg.

    McConney previously testified in both the Trump Corporation/Trump payroll trial in 2022 and the civil fraud trial against the former president at the end of last year.

    He left the Trump Organization and was given a payout, saying he made the decision to leave the position because he was “worn out” from the legal problems the company is facing. He testified that Trump Org. is paying for his lawyer with him today.

  7. 7.

    Leto

    @Tom Levenson: that’s what he said last time. Ten times. Ten. I expect any future defendant’s lawyers to apply the Trumpov standard when things like this pop up in the future. This is the standard now.

  10. 10.

    Omnes Omnibus

    Let me ask this…  Do you want him in jail now on a contempt charge, or do you want to be sure that any conviction that may result from this trial is bulletproof on appeal?

  12. 12.

    WereBear

    They are afraid of his followers turning violent. And rightly so.

    Plenty of targets are regular people with, at best, a doorman building in terms of security. His followers are so delusional they are not predictable.

    They shoot beer.

  13. 13.

    WaterGirl

    @Omnes Omnibus: It seems to me that with the contempt ruling this morning that Justice Merchan has now TWICE warned Trump that he could be put in jail for contempt.

    Do you think Merchan simply cannot put Trump in jail for contempt at all?  Or that he can, but we haven’t reached the threshold yet where it’s obvious that there’s no other way to control Trump?  Or do you think with this second EXPLICIT warning, the next time would very likely not be an issue on appeal?

  15. 15.

    Anonymous At Work

    @WaterGirl: The prosecution asked to use it in case TFG did testify but Merchan denied the request because it would be horribly prejudicial: scofflaw AND is threatening jury who are forbidden from checking social media.

    It was the right call.  Therefore, the progression is jail time between sessions.  Revoke the bail bond.  Failing that, restriction to a hotel room and cut off from telephones and Internet, similar to Bankman-Fried.

  17. 17.

    smith

    @WaterGirl: Two things about today’s contempt ruling:

    The violation ruled on today happened before Merchan issued the first rulings and warning.

    The prosecution said that they were not asking for jail time yet.

  19. 19.

    oldgold

    Looks like the prosecution has decided to alternate between the mundane, but important paper trail witnesses and the high profile/ salacious witnesses.  This is good trial technique.

    It is going to be interesting where in the order they are going to place Cohen. If Cohen was not such a problematic witness, you would call him last, but here you have to move him up in the order.

  20. 20.

    Omnes Omnibus

    @Belafon: I am not say that putting Trump in jail for contempt will put a conviction at risk.  I am saying that, if the judge makes sure that even the Trumpiest or most defense-friendly panel can be made to see that Trump brought it on himself, it will be much harder to credibly argue that the judge was biased.

  21. 21.

    LAO

    @Belafon: The People amended its Sandavol application to include the recent contempt findings should Trump testify. Judge M denied the motion. So, no mention of the current contempt findings as of now.

  22. 22.

    KayInMD (formerly Kay (not the front-pager))

    @Tom Levenson: Someone on my TV said that the judge could sentence TFG to jail time, to be served after the trial (possibly to begin while the jury is deliberating). This would prevent the trial from being interrupted by Trump appealed the jail sentence. Not as emotionally rewarding as seeing him sitting in the pokey now, but it might be a good compromise, and might work if the judge just keeps adding time to the sentence every time he violates the gag.

  23. 23.

    LAO

    @WaterGirl: The latest contempt conduct took place before Judge M issued his warning. So, not surprised that he failed to jail the defendant this morning.

  25. 25.

    smith

    @WereBear: This whole “we can’t punish him because his supporters would become violent” seems to me a red herring that is belied by facts on the ground.

    First, the last time we had any mass violence in support of the Defendant was J6. The fate of the J6 rioters has apparently cast a pall on other whackaloons that might want to imitate them. There have been some lone wolf attacks, but we’ve always had those, since long before the Defendant came on the political scene.

    Second, over the last year as his legal jeopardy has increased, the Defendant has repeatedly called for his supporters to come out and make trouble. The result has been zip. This is his first criminal trial, you’d think they’d be storming the courthouse, but the highest number of pro-Defendant protesters I’ve seen reported is six.

    Finally, if a vague threat of violence that repeatedly fails to materialize is all it takes to abandon the rule of law, we might as well give up on the idea of a lawful society altogether.

  26. 26.

    Omnes Omnibus

    @LAO: Makes sense.  The purpose of the warning was to deter future conduct.*

    *I know that you know that.

  27. 27.

    ...now I try to be amused

    @Danielx:

    I believe the Scots phrase is “bawbag”.

    You can hear that word and others said by Scots in this Amy Hoggart video from the Samantha Bee show.

    [YouTube]

  28. 28.

    Anonymous At Work

    @LAO: Isn’t Trump Tower within the county?  Failing that, some alternative to a cell for him and the Secret Service.

  29. 29.

    Shalimar

    @Omnes Omnibus: No one is going to choose door #1 if those are the only 2 doors.  But spending a night in jail now will hold up on appeal and isn’t likely to influence the jury into acquitting him.  Also, there is no guarantee of a jail sentence even if he is convicted.

  30. 30.

    LAO

    @Anonymous At Work:

     

     

    1. Except as provided in subdivisions (2), (3) and (4), punishment for a contempt, specified in section seven hundred fifty, may be by fine, not exceeding one thousand dollars, or by imprisonment, not exceeding thirty days, in the jail of the county where the court is sitting, or both, in the discretion of the court.

    The statute, quoted above, specifically states “in the jail of the county .”
    I know commentators have suggested home detention but I don’t think it’s allowed under the statute.

  32. 32.

    Sure Lurkalot

    Trump won’t be jailed. See Steve Bannon, Alex Jones, Rudy Giuliani…who all have judgments against them and are scot free and have media platforms to disseminate lies and slander and foment hatred, daily.

    But Peter Navarro is in jail for a couple more months for contempt, there’s your chew toy, libtards.

  34. 34.

    Shalimar

    @Sure Lurkalot: Alex Jones and Rudy Giuliani were civil cases.  Jail was never an option.  Giuliani is facing criminal charges in Georgia and Arizona though iirc.

  35. 35.

    smith

    @Shalimar: And Bannon is only out of jail because the Defendant pardoned him. I believe he has another upcoming trial that could put him right back in the clink.

  36. 36.

    rachel

    @WaterGirl:

    It seems to me that with the contempt ruling this morning that Justice Merchan has now TWICE warned Trump that he could be put in jail for contempt.

    Three strikes and he’s out?

  38. 38.

    smith

    I hadn’t realized until today that they had spent money in 2015 to rig online polls to make it look like the Defendant was more popular that he actually was. I always assumed that online polls are often rigged because they are eminently riggable, so I guess it’s nice to see that assumption confirmed.

  39. 39.

    arrieve

    @smith: I mentioned in a mostly dead thread on Friday that I had a workshop in downtown Manhattan and walked by the Criminal Court building afterwards. Except for the sidewalks on that block being barricaded and a dozen or so huge news trucks parked in the next street you would never know there was anything important going on.

    There were a total of three (3) protestors in MAGA hats. One of them was ranting about Reagan and the Taliban and the other two were trying to ignore him. Maybe more will show up if Trump is actually jailed for contempt. But I kind of doubt it.

  40. 40.

    Anonymous At Work

    @Sure Lurkalot: Navarro was convicted of criminal contempt, for refusing court demands to produce unprivileged documents, so you absolutely get prison for that.  Civil contempt is different, as is contempt of court during trials.

  41. 41.

    Anonymous At Work

    @LAO: Revocation of bail resulting in a different bail situation would be the route.  Also, an accommodation agreed upon by judge, prosecution, and defendant makes all things possible.  Unless TFG wants the orange jumpsuit and time in a cell with neither internet access or phone?

  42. 42.

    TBone

    Hmmm Judge Cannon is suss, who coulda guessed.

    Judge Aileen Cannon of the Southern District of Florida is presiding over former President Donald Trump’s criminal trial for allegedly mishandling classified documents. Cannon, herself a Trump appointee, attended two seminars at a luxury resort in Montana, but the privately funded seminar disclosures for both events were not posted online until NPR began making inquiries. Clerk of court Angela Noble told NPR in an email that the absence of the disclosures was due to technical issues and that “Any omissions to the website are completely inadvertent.”

    Long article worth a looksee

    https://www.npr.org/2024/05/01/1247512187/federal-judges-disclosures-luxury-trips

  43. 43.

    Ceci n est pas mon nym

    @Scout211: He testified that Trump Org. is paying for his lawyer with him today.

    So a future criminal defendant or co-conspirator, then?

    Michael Popok of Meidas Touch has been talking about how surprisingly much more devastating the early witnesses have been, far beyond what anybody thought including him. He says the prosecution has basically already made their case and established all the elements of the crime.

    My new worry (I’m a Democrat, so worrying comes naturally) also comes from Popok: TFG’s lawyers strategy is to force a mistrial or a hung jury by deliberately misbehaving, for instance repeatedly bringing in disallowed evidence.

  45. 45.

    Ceci n est pas mon nym

    @smith: Back when I was a Daily Kos reader, before finding my way here, there used to be frequent calls to “freep this poll!” The term came from the readers of some website called Free Republic (no idea if it still exists) who called themselves “freepers” and would overwhelm online polls with digital ballot-stuffing.

    So Daily Kos readers counter-organized and would often out-freep the freepers.

  46. 46.

    WereBear

    @smith: I’m not saying it’s sensible to react the way they are.

    I’m saying I understand. Also, Kay in MD said he could be racking up jail time for when the jury deliberates and that would be worth waiting for.

  47. 47.

    Steve in the ATL

    @Tom Levenson:

    may (emphasis on the may, not will)

    Lawyers always say “may” rather than “will” or “shall”–circumstances change, frequently in unexpected ways, and you don’t want to be locked in to a particular path. Annoys the shit our of our clients, but it’s the correct thing to do!

  49. 49.

    Anonymous At Work

    @TBone: Not enough to submit an appeal asking for recusal.  Every aspect of her handling has been bad, if not so wrong as to allow appeal and recusal, which is shaping up to be her MO.

  50. 50.

    Old School

    @Omnes Omnibus:

    Let me ask this…  Do you want him in jail now on a contempt charge, or do you want to be sure that any conviction that may result from this trial is bulletproof on appeal?

    How long is the jail “now” for the contempt charge?  One night?  Probably not.  The length of the trial?  I’d consider your offer.

    Edit: Looks like 30 days.  I think I’d take that.  Lock him up!

  52. 52.

    smith

    @Ceci n est pas mon nym: Now that you mention it, I remember that, too. No surprise that some people took it as a business opportunity, and that campaigns would avail use of their services. Given that in internet terms this is ancient technique, why would anyone ever lend any credence to an online poll?

  55. 55.

    TBone

    @arrieve: the GoFundMe has petered out as well.  I truly believe he is hemorrhaging support as I don’t see ANY signs for his 2024 campaign anywhere around here in red country.  Nada. Bupkiss. Zero! 😍

    While it reached over $1 million in donations a week after it was launched, contributions have since slowed. At the time of writing, some two weeks later, the fundraiser has accrued a total of $1,328,307 from around 23,500 donations. With interest increasing every day until Trump pays the fine, something he has yet to do given that he has appealed Engoron’s ruling, it seems unlikely that GoFundMe will rack up enough money to support the former president significantly.

  56. 56.

    WereBear

    My take on the security angle is that the more delusional the person, the more the crime seems out of nowhere, because they aren’t using any logical reasoning. The usual security measures can be compromised, like the pizza parlor one wingnut shot up because he thought there were children held captive in a non-existent basement.

    I’ll still amazed he didn’t kill anyone but look at that Nashville RV explosion. Another amazingly no loss of life.

    We have to find a way of deactivating them or they will float around like septic bacteria in the body politic.

  58. 58.

    Sure Lurkalot

    @Anonymous At Work:

    My overall point is that despite judgments, civil or criminal, the three I have mentioned have thus far evaded the consequences of their convictions. Rudy’s bankruptcy still allows him half million dollar yearly expenditures and a $3 million dollar condo. Alex Jones has funneled money that was adjudicated owed to his victims to family members and shell companies. Steve Bannon’s trial for stealing money from a border wall grift has been postponed…yes, Judge Merchan is busy…but his co-conspirator is in jail as is Peter Navarro  (Bannon also defied a congressional subpoena).

    Here we talk about how while the Biden Administration has improved the lives of workers, certain metrics of the economy are problematic so the overall negative mood is understandable. The same for justice strung out for years, it’s understandable to lose faith in a justice system that is blatantly inequitable.

  59. 59.

    TBone

    @Anonymous At Work: I still admire the journalism being done on this, which is what I clumsily intended to point to (the article is about much more than Cannon). Stick it to ’em!  Keep up the good work, few and far between though it may be!

  61. 61.

    smith

    @TBone: The last couple of years there have been several polls that indicated a lot of people would refrain from voting for him if he’s convicted in any of his trials. I don’t know if that’s what’s happening now as the first criminal one is underway, or if people just aren’t interested in presidential politics yet this year, but it’s got to be a big worry for him and the GQP at large. Especially since they have very little money or organizational base to do effective GOTV to turn it around.

  62. 62.

    Ceci n est pas mon nym

    @LAO: I’m not a lawyer. My court-sitting was in 2004 when NYC arrested a bunch of protestors a couple of days before Bush the Lesser’s RNC convention speech. They hadn’t even started walking. As soon as they got organized, the police threw a fence around the block and arrested everyone inside the perimeter, including my teenage daughter and a friend (who had gone to watch) and a few random tourists and residents.
    Then they kept them locked up without charges, a hearing, lawyers, or medical care for several days until the scheduled time of Bush’s speech, at which time they quietly dumped them out a back door into the street. The hearings trying to get them some constitutional rights were going on day and night and I tried to be there for all of them, to keep my daughter apprised of what was going on (she was able to use a pay phone in the holding area). I was still in court listening to the latest hearing when they dumped the prisoners out on the street.​

    This was all at 100 Centre Street, same building, possibly the same courtroom, where what’s-his-name is being tried. I can attest they have cells in the building. Not very pleasant ones, according to my daughter.

  63. 63.

    Anonymous At Work

    @LAO: After being charged, he wasn’t locked up.  Therefore, he made bail.  Bail is always subject to change.  And a mutually-agreed change is easier than having hearings.
    That said, the post-trial jail time is a viable alternative.  “After trial” to incentivize a shorter trial and fewer violations since you get more and more into election season.  Sure, you could appeal the jail time but you’re just raising the stakes of losing the appeal.

  64. 64.

    Anonymous At Work

    @Sure Lurkalot: Rudy’s dancing ahead of paying up and his condo may be liquidated to help pay.  That and his yearly allowance haven’t been finalized AND his finances will never be his own (there’ll be a monitor).
    Alex Jones arrangements with family were quickly caught, brought to the courts’ attentions and are being litigated.  They will not be favorable judgements BUT Alex Jones will exhaust his appeals first.
    Navarro’s case was straight-forward enough that the charge itself was criminal contempt, no ancillary issues to determine first.  Yes, justice moves slowly, especially for the rich who can afford lawyers, appeals, and whose income is not hourly wages.  (HINT: This is why Monopoly is anti-capitalist since you want to be in jail and collecting rents after all the properties have been purchased.

  65. 65.

    Geo Wilcox

    Jus because the GQP in the senate and house of reps are afraid of Trump’s horde doesn’t mean the judiciary should be.

  67. 67.

    LAO

    @Anonymous At Work: For the record, despite my not thinking about bail revocation, I’m actually a NY criminal defense attorney. I’ve never had a client held in contempt in NYS so I just looked at the statute.

    What I meant by the bail sheet was I’m not certain what specific bail conditions were set by the Court.

  68. 68.

    Ken

    @NotMax: Shouldn’t be all that much trouble to recommission and staff a portion of it to hold a lone prisoner.

    “Every day of that week, you may walk on the barge deck. Under SWAT team surveillance, of course.”

  71. 71.

    TBone

    @smith: this makes me very happy.  A dwindling. A fizzle. A sputter. Then…a slow-motion denouement.  I am a very patient girl where karma is concerned, and I can continue to wait.

  74. 74.

    Anonymous At Work

    @LAO: LMAO.  My first thought was bail revocation and I’m a non-practicing attorney who works in regulatory fields.

    But TFG is the epitome of a bad client.  Were I connected with his defense, I know what I’d ask for retainer: money and his social media passwords.  I’m not sure which would be more important.

  75. 75.

    Baud

    @smith:

    Not that I don’t hope for a conviction, but I wouldn’t be surprised to see some goalpost moving in the polling if he is convicted.

  77. 77.

    LAO

    @Anonymous At Work: It is funny. A little sad but also funny.

    Trump is truly the nightmare client. I’ve had a few but none approaching this level of self-immolation. I’d definitely get the money first.

  78. 78.

    smith

    @LAO: Glen Kirschner has had some commentary on this. As I recall, he says that criminal contempt is a Class E felony in NY, and that a conviction (which Merchan’s ruling would be) means that the Defendant has violated the conditions of his release in all four cases, conditions that include not committing any new crimes while out on bail. I mentioned this in another comment a few days ago, and one of the resident lawyers here disagreed. IANAL, so I’m just offering as another opinion.

  79. 79.

    Ken

    @smith: [A conviction’s] got to be a big worry for him and the GQP at large.

    Insert GIF of Willy Wonka saying “The suspense is terrible. I hope it will last.”

    The party can of course end the worry by nominating someone else at the convention. Or after, for that matter — consider Eagleton in 1972.

  80. 80.

    CaseyL

    @Baud:

    Hah, the goalposts have already done their sprint around the track.

    Originally, it was”I won’t support Trump if he’s charged.”

    Then it was “… if he’s charged in a criminal matter.” (As opposed to civil, because he’s already way past that Rubicon.)

    Then it was “…goes to trial.”

    Now it’s “…is convicted.”

    Next stop will be “…loses all his appeals.”

  83. 83.

    Leto

    @TBone: honestly all FedSoc lawyers/judges are just inherently untrustworthy and unethical. They continue to show a pattern of unethical behavior which should be a permanent disqualification. The Leonard Leo ran societies aren’t sending their best, but ofc that was the whole point.

  84. 84.

    Ken

    @CaseyL: Yes, the most dedicated cultists — the kind who are out marching with “real men wear diapers” signs — would still vote for him if he indulged his wish to shoot someone on Fifth Avenue. But I have some hope that each of those goalpost shifts has, or will, peel off a few people who voted for him last time. And he lost last time.

  86. 86.

    LAO

    @smith: GK is wrong. PL 215 is the criminal contempt statue. Judge M’s ruling doesn’t convert into an actual conviction of the criminal statute.  One reason is the different standards of proof: the judge’s finding was based on a preponderance of the evidence standard whereas criminal conviction requires proof beyond a reasonable doubt.

    Another reason is criminal law doesn’t work that way. Trump is entitled to be indicted by a grand jury, subject that indictment to legal challenges and have a jury of his peers pass judgment.

    The court’s findings would, however, be evidence introduced against him.

  88. 88.

    Ruckus

    @arrieve:

    My take is that likely many of his followers have been paying attention to all the goings on, likely more than we have here. And while they may not want to believe what they are shown, it has to be obvious that SFB is deteriorating rather significantly. (I’m now the oldest in the extended family and so I’ve watched a few folks go through deteriorating/getting old – and I’m next!) My point is that given what he’s showing everyone paying the slightest attention, is that he is deteriorating and not at an insignificant rate. Everyone who gets old does this, some do it better, some do it poorly, some do it badly. SFB is in group #3. Likely because he seems to have a much higher view of himself than many/most everyone else does and that can cause issues – which it looks like it is doing. Like many other things that happens to living beings, getting old is part and parcel to the process. Not everyone ends up getting old, not everyone ends up aging well, not everyone is SFB. Thankfully!

  94. 94.

    Mr. Bemused Senior

    @LAO: I’d definitely get the money first.

    Chris Kise had the good sense to demand payment up front. Will $3M cover everything? Time will tell.

  95. 95.

    brendancalling

    “Mr. Trump, it’s important to understand the last thing I want to do is put you in jail.”

    Yup. And they never will if they don’t have to.
    Whereas if ANY OF US said the kind of shit that Trump says during a trial, we would be hit with contempt and packed away to the Tombs quicker than you could blink an eye.

    the WORST Trump will get is home confinement, where he can use his golden toilet whenever he wants.

    There IS a two-tiered system of justice, just not the kind the GOP imagines.

  97. 97.

    Melancholy Jaques

    My guess is that Judge Merchan will not order jail unless and until Trump commits a particularly egregious violation. Trump is probably smart enough not to go that far, but we can never tell. That’s one reason why the political media love him.

  98. 98.

    Brachiator

    The judge has found Trump in criminal contempt for the 10th time, fining him $1,000 and noting that the fines are not having any effect on the orange one’s behavior.

    Another day. Another violation. Another fine. Trump is daring the judge to throw him in jail. Maybe the judge should give him what he wants.

  100. 100.

    Ruckus

    @Ceci n est pas mon nym:

    Likely all they have that is in any way positive for him is disallowed evidence. Because all the normal, allowed evidence is not good, just like him. No matter their political bent, I’d bet that at some time in the near future, his lawyers are going to have to take stock of their careers and see that taking on such a lost cause is not actually all that career advancing.

  101. 101.

    West of the Rockies

    @smith:

    I wonder if Trump fatigue has finally begun, even among his ludicrous supporters.   How much sniveling, pissing, and begging for money can people take?

  104. 104.

    StringOnAStick

    @West of the Rockies: I’m seeing a lot less tRump flags, signs, etc. here on the Eastern side of the OR Cascades; I drove to Portland last weekend and the difference from even a year ago is notable.  The only place it’s still there are isolated compounds in very rural/economically depressed areas, and all the accompanying signs make it clear the owner is a complete nutter.  That doesn’t help the cause either.

    To add to my anecdotal evidence, I gave away some salvaged wood on Craigslist a few weeks ago. The person who picked it up was an antivax, chemtrail believer, but she hated tRump and said he is an idiot.

  105. 105.

    Almost Retired

    @West of the Rockies:   I love it that his dumbass supporters are not gathering outside the courthouse to support him.

    Since he’s so sensitive to relative crowd size, I’m tempted to send him the photo I took of the crowd gathered outside the courthouse for the Britney Spears conservatorship hearing.  Now THAT was a bigly crowd of supporters!

  106. 106.

    JPL

    OT breaking news out of GA…  The former Lt. Governor of GA, just came out with a strong endorsement for Biden.   Geoff Duncan is a well respected moderate republican and should help with the suburban vote.

     

    The healing of the Republican Party cannot begin with Trump as president (and that’s aside from the untold damage that potentially awaits our country). A forthcoming Time magazine cover story lays out in stark terms “the outlines of an imperial presidency that would reshape America and its role in the world.”
    Unlike Trump, I’ve belonged to the GOP my entire life. This November, I am voting for a decent person I disagree with on policy over a criminal defendant without a moral compass.

  108. 108.

    la caterina

    @Ceci n est pas mon nym: I represented a few of those protesters in 2004.  Can’t believe you sat through all the overnight proceedings!  I wasn’t on the writ squad so got to go home at night.

  109. 109.

    trollhattan

    Legislation I can certainly support.

    California grocery and drug stores would be prohibited from operating self-service checkout stations without adequate staffing, under a proposed law being considered in Sacramento. The bill is being championed by organized labor and opposed by business groups. Under Senate Bill 1446, by Sen. Lola Smallwood-Cuevas, D-Los Angeles, grocery and drug stores would be required to provide at least one cashier-run checkout station, and self-service checkout stations would be limited to no more than two such stations per one employee monitor, who must not have any other duties assigned.

    In addition, the bill would require self-service checkout stations to be limited to 10 items or fewer. The bill also would require stores that are looking to implement new technology that would significantly affect or reduce employee job duties to conduct a study prior to implementation. They would also have to notify and solicit input from employees at least 60 days before drafting the study and to provide employee or collective bargaining representatives with the study at least 60 days before implementation.

    The bill is co-sponsored by the California Labor Federation, the Prosecutors Alliance of California and the United Food and Commercial Workers, Western States Council. The bill’s author said that the intention behind the bill is to reduce retail theft and keep workers safe. “While it’s crucial to adapt these new technologies, we must protect jobs and ensure worker safety,”

    Smallwood-Cuevas said. The senator said that too many lawmakers are focused on being “tough on crime,” but that her bill isn’t about increasing prison time, “but everyone, including retailers, thinking about how we have replaced workers with these machines and then created an environment that’s become more and more unsafe.” She added that “one worker to 12 machines is unacceptable.”

    https://www.sacbee.com/news/politics-government/capitol-alert/article288344285.html#storylink=cpy

  110. 110.

    cain

    @StringOnAStick:

    I haven’t seen a Trump anything sign in  the Portland metro area or beyond that in a long while.

    Interestingly enough, I don’t see any Biden ones either. It’s been political neutral for some time around here.

    /r/portland reddit have been unhappy with the Portland council, we’re going to see a lot of shit this year around Portland politics. I haven’t been impressed with how the city has been running in awhile.

  111. 111.

    Jeffro

    @CaseyL:

    Hah, the goalposts have already done their sprint around the track.

    Originally, it was”I won’t support Trump if he’s charged.”

    Then it was “… if he’s charged in a criminal matter.” (As opposed to civil, because he’s already way past that Rubicon.)

    Then it was “…goes to trial.”

    Now it’s “…is convicted.”

    Next stop will be “…loses all his appeals.”

    They will never stop moving those goalposts, because they are so far down the spiral with him at this point that they’ll simply crumble if they admit what they’ve done here.

    For those of us who warned RWNJ friends and relatives about this effect, oh, EIGHT YEARS AGO, it’s a mixture of vindication and disgust.  More disgust, though, if I’m being honest.

    Should have drawn a red line and stuck to it, Repubs.  We tried to tell y’all.

    “I’m not voting for trump, I’m voting for trump’s policies  for my party  to not have to admit I was wrong and have no principles whatsoever” – Bill Barr and every last one of them, too.

  112. 112.

    cain

    @Brachiator:

    I think there needs to be something much more cleverer that needs to be done. I wouldn’t put him in jail – I think a court order to remove his credential from truth social would be much better. Take away his megaphone.

  113. 113.

    ...now I try to be amused

    @NotMax:

    Mentioned previously about a jail barge decommissioned only last fall. Shouldn’t be all that much trouble to recommission and staff a portion of it to hold a lone prisoner.

    Call it Spandau.

  114. 114.

    Jeffro

    @smith:The last couple of years there have been several polls that indicated a lot of people would refrain from voting for him if he’s convicted in any of his trials. I don’t know if that’s what’s happening now as the first criminal one is underway, or if people just aren’t interested in presidential politics yet this year, but it’s got to be a big worry for him and the GQP at large. Especially since they have very little money or organizational base to do effective GOTV to turn it around.

    I’m not completely certain how to read this, but it looks like a minimum of 80% of trumpov’s base would still vote for him despite any/all felony convictions*

    Read another way, only 4% of Republicans are willing to say, at this point in time, that if trumpov’s convicted of a felony, they are definitely not voting for him.  (And even then, they’re not saying they’ll vote for Biden)

    *armchair pundit note: it is my firmly held belief that if the ins and outs of the documents case were fully explained to the public, and if that case had proceeded on a normal timeline, trump would absolutely take a massive hit, even with Repubs.  They don’t care about his payoffs to mistresses and they’ve already normalized J6 in their minds, as sickening as that is.  But taking off with a shit-ton of national security docs, showing them around, and possibly selling them?  uh-uh

  115. 115.

    lowtechcyclist

    @NotMax:

    One of Monopoly’s failings is not including flophouses and brothels which can only be erected on the purple properties.
    ;)

    From “Fight Songs for Schools That Can’t Afford Major Sports,” MAD #69

    FROM THE SLUMS OF BALTIC AVENUE
    (to the tune of “From the Halls of Montezuma”)

    From the slums of Baltic Avenue
    ‘Round to Boardwalk and Park Place —
    We will buy up all the properties,
    Build hotels on every space!
    We will drive our foes to bankruptcy
    If they fail to pay the price!
    But we cannot even start the game
    Till someone finds the dice!

  116. 116.

    Sure Lurkalot

    @LAO:

    Trump is truly the nightmare client

    Back when Trump was just a bog standard real estate grifter, his name was bandied about in Denver to invite in on a hotel project. A few too many of the people involved couldn’t get comfortable with his ever lying (and we’re talking fellow real estate developers).

  117. 117.

    smith

    @Jeffro: I’m not sure that people who identify as Republican are worth worrying about, one way or the other. Only about 25% of people in the country do. It’s the “independents” who routinely vote R or those who vacillate between R and D who are worth any time and attention. If they’re not so firmly attached to the GQP that they admit to party membership, then at least some of them can be pried loose.

    I don’t have any of the polls I referenced in front of me, but if I recall correctly, a large percentage of “independents,” maybe approaching 40%, said they were unlikely to vote for him if he were convicted.

  118. 118.

    frosty

    @lowtechcyclist: OMG I still remember some of those fight songs; such as:

    Cheer, cheer for our Scrabble squad

    They fill the board with words that are odd

    Adze and xebec, zax and qua

    Zarf and quinoa, pyx and ka!

    … that’s all I’ve got! (correct spelling optional)

  119. 119.

    oldgold

    This is interesting.

    “Trump counsel says they are not prepared for Jeff McConney- he is the Trump Org longtime controller and testified at the Trump Org trial- and discovery was provided about him long ago. Judge Merchan denies request to adjourn taking his testimony.”

    Having to try these things blind as to the order the witnesses are going to testify puts the defense team in a tough spot.  And, the defense team can thank their Defendant for this. It is a real punishment for Trump having violated the Gag Order.

  121. 121.

    lowtechcyclist

    @frosty:

    Here ya go!

    CHEER, CHEER FOR OUR SCRABBLE SQUAD
    (to the tune of “Cheer, Cheer for Old Notre Dame”)

    Cheer, cheer for our Scrabble squad!
    They fill the board with words that are odd!
    ADZ and XEBEC, ZAX and QUA,
    ТАКЕ and QUINOA, PY X and KA!
    JATO and FURZY; OS, UT and UGH,
    ZYGOTE and BABA, YOHO and VUG!
    They know every word except
    The one that spells VICTORY!

  122. 122.

    Roberto el oso

    Just curious (and because I am so obviously not a lawyer) — are judges able to sanction lawyers themselves if they fail to restrain their clients? Could Merchan begin fining Trump’s lawyers rather than Trump himself, since that is obviously having no real effect?

  123. 123.

    oldgold

    A key take away from  McConney’s testimony was that they added additional money to the payment to Cohen for taxes. If the payment was for legal services, you would not do that.  The adding of the bonus amount for taxes is the tell that the payment to Cohen was for reimbursement purposes.

  125. 125.

    Anomalous Cowherd

    I’m surprised that no one has mentioned this yet, but the Apocolocyntosis, or Ludus de Morte Divi Claudii (The Pumpkinification of (the Divine) Claudius) is a satire on the Roman emperor Claudius by Seneca the Younger which imagines him turning into a gourd or pumpkin upon his death. Trump appears to be in the midst of a similar transformation, hence his orange skin. I think this would make a humorous addition to the discourse on the November election.  Of course, I march to the beat of a different drummer, so YMMV.

  128. 128.

    A woman from anywhere (formerly Mohagan)

    @trollhattan: I have seen studies which show the supermarkets lose more $ in.people not scanning things in self-service lines than they save in checker salaries. And if you have 1 employee for 12 self-check-out stands, a lot of funny business can go on.

  131. 131.

    Roberto el oso

    @Roberto el oso: to answer my own question, in case anyone else shares my legal ignorance :) …. I have been informed that unless the client’s attorneys appear to be enabling/encouraging the client’s violation of court orders then they cannot be fined or punished for contempt, etc.

  133. 133.

    Scout211

    New witness up.

    Prosecutor Christopher Conroy called Deborah Tarasoff as the next witness. She was the accounts payable supervisor who worked with Jeffrey McConney at the Trump Organization.

    According to Just Security, Tarasoff “allegedly prepared the checks used to reimburse Cohen and falsely recorded those checks as ‘legal expenses’ in the organization’s bookkeeping.”

  134. 134.

    hueyplong

    @Roberto el oso: Yes, it’s hard to nail an atty for the client’s behavior.  This applies with even more force when it turns out no one has ever controlled this particular client in any way at any time except maybe Putin due to the alleged bailing out of Trump’s business enterprises late in the previous century.  Putin is, after all, the only living human whose path Trump and whom he has never insulted.

  136. 136.

    prostratedragon

    Adam Klasfeld has a breakdown of some of the handwritten notations admitted into evidence in the morning session. And his liveblog continues.

  137. 137.

    Uncle Cosmo

    @smith: I always assumed that online polls are often rigged because they are eminently riggable, so I guess it’s nice to see that assumption confirmed.

    In this day and age, any “poll” the public will ever hear about,  on- or offline, is eminently riggable in nearly every aspect of the process, from the selection of the sample through the order and wording of questions to the finagling of “turnout models” and the reporting of margins of error for “results.”

    IMO honest polling is being done, but only for campaigns or party organizations with a vested interest in keeping the results triple-top-secret so that the opponents enemies don’t get them as a freebie. If the public becomes aware of them at all it will be long after the fact.

    < /broken record >

  139. 139.

    Jay

    @A woman from anywhere (formerly Mohagan):

    With bulk, fruit and vedge, there are lots of opportunities to steal. Just fill a bag with cashews and select peanuts when self scanning. Fill a bag with avocado’s and select bananas.

    Use your cellphone to photo barcodes, your home printer to print your own stickers, resticker the product an voila, 4lbs of filet mignon that the scanner reads as 4lbs of ground beef.

    That being said, when Retail Exec’s are under oath, they have testified that shrinkage* has remained at the same 3% to 5% that it has always been.

    *shrinkage is all losses, theft, misshipments, breakage, etc.

    There is massive theft occuring in Retail, but it’s the stores stealing from you.

  140. 140.

    smith

    @prostratedragon: So far it looks like they have both documentation and witnesses to every step of the scheme. I don’t see how the defense is going to counter all this.

  143. 143.

    WaterGirl

    @LAO: I forgot that this was the ruling for the second set of violations.  I was momentarily thinking this was another one after the second set.

  144. 144.

    scav

    This is one hellava advertising coup for Sharpies all in all.  Not only can they alter entire severe weather patterns (as demonstrated live on tv earlier), they can void fiscal obligations at the stroke of the masters hand!  Put that up against Voldemort’s wand.

  146. 146.

    Uncle Cosmo

    @frosty: The students of the Ivies, safely ensconced in their B-curve sinecures, have historically had ample time to savage one another parodically, e.g. this love-note from IIRC Narragansett Bay to the Finger Lakes: Far above Cayuga’s waters/ There’s an awful smell./ Some think it’s Cayuga’s waters;/ We know it’s Cornell.

    The Rhode Island contingent was not left unsullied: What’s the color of horse shit?/ BROWN, BROWN, BROWN!

    And there was always the classic Oh the freshmen at Yale get no tail, get no tail./ Oh the freshmen at Yale get no tail./So to satisfy their yen/ They go out with Harvard men… (Several verses follow in mounting salaciousity,,,)

    My all-time favorite college sports cheer is attributed to (and man well in fact have been composed by the students at) MIT: Secant, tangent, cosine, sine!/Three point one four one five nine! combined with E to the x, dx, dx! E to the x, dx, dx!**

    ** A derivative (pun most definitely intended) of the Axe yell from Stanford.

  147. 147.

    Uncle Cosmo

    @Jay: There is massive theft occurring in retail – it’s the stores stealing from you.

    With these minor edits, nominated for rotating tag.

  148. 148.

    Ken

    @smith: I don’t see how the defense is going to counter all this.

    I believe the old cliché calls for pounding on the table.

  149. 149.

    MisterForkbeard

    @WaterGirl: It’s just that with increasing evidence of Trump (at minimum) passing a ton of gas during the court case, the diaper jokes have resurfaced and a bunch of cultists are now unironically buying “Real Men Wear Diapers” items

    Unless I missed something and there’s something that happened last night or today

  156. 156.

    wjca

    @Ken: I believe the old cliché calls for pounding on the table.

    That would certainly play to Trump’s strengths….

  157. 157.

    Snarki, child of Loki

    @smith: “I always assumed that online polls are often rigged because they are eminently riggable, so I guess it’s nice to see that assumption confirmed.”

    ALL online polls should be considered “rigged”, unless they are won by Hank, the Angry, Drunken Dwarf.

  158. 158.

    geg6

    @smith:

    I read today that they’re still firing RNC staffers for not being sufficiently loyal.  It’s insane but this is where they are.

  159. 159.

    El Muneco

    @Jay: I remember hearing in 2020 or before on a British panel show – probably QI – that after British markets had established self-checkout lines everything went swimmingly until they checked receipts against inventory and found that they’d sold 10x or more “carrots” than actually moved. With the implication that shoppers pretty quickly glommed onto what was the cheapest vegetable and were scanning basically anything as an equal weight of carrots.

  161. 161.

    WaterGirl

    @Cacti:

    I had it on my calendar to let you back in on Monday, but the day got away from me.

    You are no longer in a timeout.

    What you wrote last week was disgusting.  Let’s say we get 60,000 unique sets of eyeballs a month, let’s say half are women, so that’s 30k.  Let’s be conservative and say that 1 in 5 women are sexually assaulted in their lifetime.

    With those stats, which are probably low, that’s 6,000 Balloon Juice readers who have been sexually assaulted and were subjected to your disgusting comment.  Now add in everyone who has a sister, or a wife, or a girlfriend.  Or just a decent guy, who has none of those in his life.

    No more rape references, no matter how they are couched, no matter how oblique.  You’re not 10, and they are not cute.

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