.It’s Day 10 of the actual trial! Day 14 if you include jury selection.
Best sources of live blogging that I have found.
Josh Kovensky (TPM) live blogging
Mark Sumner (Daily Kos) live blogging
Tyler McBrien (Lawfare) on twitter (in the overflow room)
Good morning from 100 Centre St for DAY 14 of Trump’s NY criminal trial and the second day of Stormy Daniels’ testimony.
It’ll be a packed house today. I’ve never seen this many reporters line up this early.
I’m here for @lawfare (if I get in!) 🧵⚖️ pic.twitter.com/7PAlwxwpGu
— Tyler McBrien (@TylerMcBrien) May 9, 2024
Anna Bower (Lawfare) on twitter (inside the courtroom)
Good morning from 100 Centre Street, where Stormy Daniels is set to resume her testimony in Trump’s trial on 34 felony counts. @TylerMcBrien got the golden ticket for the overflow room. I got the green ticket for courtroom 1530.
Follow along!
🧵⬇️👇https://t.co/SlHku11Bhb pic.twitter.com/nCIdVvmEWg
— Anna Bower (@AnnaBower) May 9, 2024
Adam Klasfeld on twitter (not seeing him up on twitter yet)
NBC live blogging and BBC live blogging have also been recommended by BJ peeps.
Still loving this awesome image. When you get tired of it, let me know.
Open thread.
Soprano2
I’ll never get tired of that image. I shared the one with the cat squished by the dog on FB, and several people just loved it.
TBone
Mood music
https://m.youtube.com/watch?v=r6huPIAdhh0
Sandia Blanca
Hi Watergirl,
Just FYI, Tyler and Anna are saying that she’s in the courtroom and he’s in the overflow room (opposite of what you’ve indicated above).
WereBear
The Daily Beast’s coverage of Stormy testimony had me laughing out loud.
Ken
The only thing that would make that image better is if you merged it with that viral video that became an icon for the Trump administration — you know, the dumpster literally on fire, floating down a flooded river.
WereBear
@Ken: It would also need to be infested with frantic metal termites to really evoke this latest stage.
WereBear
For those following my writing journey, today, 9th day out of 10: 47,826 as of now.
50k so close.
Ken
If you need any other helpful suggestions for increasing your productivity, I’m right here.
oldgold
This stonewall topped with barbed wire defense is a mistake. This is what happens to good lawyers when they lose client control.
Ken
@WereBear: Near the end of that article, the judge says he had to raise an objection because the defense did not. Could this be an appeal strategy — fail to object, then appeal on the grounds the judge should not have admitted the testimony?
I suspect the answer is no, though perhaps the real question is whether Trump thinks it would be a brilliant strategy and has ordered his lawyers to do it.
OzarkHillbilly
Here’s some good news:
rikyrah
Good Morning Everyone 😊 😊 😊
Almost Retired
Hmmm Trump brought a friend – creepy Senator Rick Scott.
LAO
@Ken: A defendant waives the right to appeal most issues, especially evidentiary issues, if no objection is made at the trial level. So, not a strategy.
JPL
@OzarkHillbilly: Sweet!
WereBear
@Ken: Cool, thanks! These new ones I’m learning are like getting a Corvette.
I have watched a few lawyer Youtubes where they are trying to figure out stupid lawyer/stupid client.
LAO
@oldgold: I’m pretty sure the defense team never had control of this defendant. But, point taken.
WereBear
@OzarkHillbilly: That made me cry. Plenty of room to catch up.
WereBear
@Almost Retired: Rumor has it he will be the new Veep.
But we haven’t seen his pole dancing. It’s on the tRump list of job requirements.
Ken
@LAO: That’s what I thought. In fact, didn’t something similar come up during Trump’s other New York trial — the prosecution kept saying “we want to introduce this evidence”, and the defense kept saying “no objection”.
Commenters noted that by saying that, the defense was preventing any appeal on admissibility grounds. Less-polite commenters noted that Trump’s lawyer didn’t know what she was doing, and was trying to sound like the lawyers on television.
Scout211
NBC live updates
TBone
I missed this story 😳 about yet another daughter diddler, Kevin McCarthy’s buddy:
https://lamag.com/news/kevin-mccarthy-protege-under-investigation-sexually-assaulting-daughter
JPL
@LAO: What do you think of the approach? From what I’m reading many of the questions have to do with what she already testified to?
Almost Retired
@WereBear: Great. The trial is now part of the VP audition tour. Cruel but warranted punishment.
lowtechcyclist
I’m the guy who’d like to see it on billboards all over the place, so: not likely to get tired of it anytime soon.
Omnes Omnibus
No. If you don’t make a timely objection, you waive the issue on appeal. There is a limited exception for “plain error.” Plain error requires that 1) an error occurred; 2) the error was plain; 3) it affected substantial rights; and 4) not correcting the error would seriously affect the fairness of the judicial proceeding. To paraphrase Adam, hoping an appellate court finds plain error is not a strategy.
jonas
Fraudsters supporting fraudsters. Make sense.
Anonymous At Work
@Ken: She knows what she’s doing. Not preserving appeals works in her favor: the case gets over sooner.
Actually, I think she was in a no-win situation. Constantly objecting to every little thing might be a problem for her in the eyes of the jury and could dilute the impact of her cross-examination. That Stormy and TFG had sex is somewhat irrelevant but pretty ironclad. That TFG is an a-hat, particularly to women, isn’t news to the jury. The weakness in Stormy Daniels’ testimony is selling her story for money, the greed. Which is how Davidson, her attorney, makes his living: representing rumor-mongers.
LAO
@JPL: Not sure I understand your question. Cross examination is, by nature, pretty repetitive. SN is looking to punch holes in SD’s credibility and highlight her motives for testifying. It’s going to be a long morning.
I’m hopping on the treadmill, I’ll be back in about an hour.
a thousand flouncing lurkers (was fidelio)
@WereBear: Back before LiveJournal became a Russian operation, there was a writing group there where you committed to getting 600 words a day down; you’d post to verify you’d done it—that little bit of accountability was a boost for some people. You could also “bank” extra words to cover for days when you couldn’t write for whatever cause or when getting even 600 wasn’t working out.
Scout211
Gin & Tonic
@Omnes Omnibus:
Wow, no wonder you folks have to go to school for three years.
OzarkHillbilly
@Scout211:
Heh. That’ll leave a mark.
Omnes Omnibus
@Gin & Tonic:
Want to know how much litigation there has been over the word “plain?”
Ken
“First, ewwww. Second, eeeewwwwwww.”
Scout211
IANAL, but Susan Necheles is no Alina Habba.
TBone
Stormy’s motivation is not relevant. Hearing what the defendant wanted to cover up so badly because he thought it would tank his campaign has already occurred. Motivation is a moot point IMO. I know they’re just trying to trash her credibility, but it’s too late for that. I hope this cross lets Stormy go into even more detail upon redirect.
Scout211
Lisa Rubin:
WereBear
@a thousand flouncing lurkers (was fidelio): The key, for me, is using dictation to make a rough first draft, even when I’m doing other things.
I throw out the silly throat-clearing stuff and yet I rack up impressive stats.
I believe in whatever motivates people, certainly! I miss LiveJournal.
Gin & Tonic
@Omnes Omnibus:
Only if Julie Andrews can sing about it.
Anoniminous
If engineers did their jobs like lawyers do theirs the horse would still be the fastest means of land transportation.
Anonymous At Work
@TBone: The defense is attempting to paint TFG as a victim of a professionalized and commercialized rumor-mongering industry, so that this isn’t something new or unusual, just the prosecution of the crime is. It is a form of jury nullification, but less open than “You guys won’t convict your Presidential candidate, would you?”
Kristine
@WereBear: ::awe::
Ken
@Scout211: In some ways, I welcome the defense’s efforts to establish that having an affair means you’re untrustworthy. It does suggest they don’t intend to put Trump on the stand.
TBone
@Anonymous At Work: Pecker’s testimony voided that “defense” strategery. They (Nat’l. Enquirer supermarket tabloid) were running front page rumors about anyone they thought might be a threat on Dotard’s behalf. That tackiness puts the porn industry to shame 😆
Scout211
For a little amusement (and the “nutty” part of the “nutty and slutty” defense strategy).
OzarkHillbilly
You mean people like David Pecker who was covering for his adulterous ass? trump was the victim???
TBone
@OzarkHillbilly: exactly!
Ken
@Gin & Tonic: Audrey Hepburn, I think. Well, really Marni Nixon.
The arraigned complaint in the main is not so plain…
Anonymous At Work
@TBone: It’s not a great defense but allows TFG to claim victimhood and issue complete denials of everything. That TFG spent so much time and left such a paper trail and has a notorious and well-known habit of penny-pinching really cuts off most other defenses.
OzarkHillbilly
@Scout211: Ah yes, Turd Blossom, fits trump better than it does Rove.
oldgold
@TBone: Bingo!
This cross is at best meh.
TBone
@Anonymous At Work: triggers my inner Wednesday Addams
Ken
Feeling urges to tie someone to your father’s model train layout and turn the voltage up as far as it will go?
oldgold
Trump lawyer Susan Necheles showed Stormy Daniels a tweet she had re-tweeted in which someone called her a “human toilet” and wrote “Exactly! Making me the best person to flush the orange turd down.”
“I don’t see the word instrumental or jail,” Daniels said.
Daniels said it was hyperbole. Asked if she was referring to Trump, Daniels said it doesn’t say that and that it was up to interpretation.
“I’m also not a toilet,” Daniels added.
Necheles asked again what she meant by orange turd.
“Oh, I absolutely meant Mr. Trump,” she said.
The cross just went from meh to bad. What in the hell does Susan Necheles doing?
Omnes Omnibus
OT:
Things about politics I’ve come to believe strongly:
1. Less bad is better than more bad
2. Nostalgia is generally incorrect. Things weren’t better
3. Still, things can get much worse
4. Democracy is an outlier in human political history
5. Optimism is rooted in agency, not positive predictions
TBone
@Ken: we have a really cool electric trainset from the late 40s from Dad’s childhood, my nephew has it now.
Inner Wednesday, stone cold: “Always a victim…”
Baud
@Omnes Omnibus:
👍
TBone
@Omnes Omnibus: I really like #5
TS
Blog is up at Daily Kos
https://www.dailykos.com/stories/2024/5/9/2239768/-Live-coverage-Stormy-Daniels-testifies-at-Trump-trial-for-second-day
TBone
@TS: thank you 🤣🤩
10:38 AM · May 9, 2024
😎🎶
https://m.youtube.com/watch?v=tZjxoZdWblI
jonas
I guess Trump’s lawyers are trying to create a narrative that he was basically being extorted by this sleazy porn star and so had no choice but to pay her off. But that’s not what the case is about — it’s about whether or not he committed fraud and broke campaign finance laws trying to cover up that payment. I’m not seeing how their cross of Stormy is really helping with that.
And she makes a good point. Who the hell would voluntarily admit they had sex with Trump?
Anonymous At Work
@Ken: Most of us are of an age where “Which Wednesday?” has meaning.
“And you dance with the one that brung ya.” You defend the client that hired you. TFG is not an easy client and I can very much see him demanding a defense where he can deny everything and play the victim.
That said, the jury decides. And if they decide that Davidson is a scumbag making money from light blackmail, Cohen is America’s worst attorney out for revenge, and Stormy/McDougal are prostitutes-by-other-names, then jury will acquit TFG, or more likely, teh jury will hang.
So, will the jury get distracted by all the sleazy scumbags TFG was using and screwing here, or will the jury ask WHY the TFG had so many scumbags working for him, and at a critical moment in his campaign? Without knowing who the defense will actually call, that’s how I see this going down. Judge summation will likely kill TFG.
Omnes Omnibus
@TBone: I think #1 is #1 for a reason.
Baud
@Omnes Omnibus:
I’m persuaded that “Baud! 20XX!: More Bad” is the wrong slogan for my campaign.
TBone
@Omnes Omnibus: couldn’t resist 🎶
https://m.youtube.com/watch?v=8KciRaANKmo
Ken
Oh yeah. Asbestos insulation, the reek of ozone, and a transformer that you can cook eggs on.
Omnes Omnibus
@Baud: Oh shit. If I have helped your campaign in any way, I would feel terrible.
Ken
@Omnes Omnibus: We’ve all done things we deeply, deeply regret. Take consolation in the fact that you didn’t have sex with Donald Trump.
Omnes Omnibus
@Ken:
But can Baud say that?
JPL
Does slut shaming help or hurt? I understand that their client wants to discredit her, but shouldn’t they say he wanted the story to remain quiet in order to protect his family.
Gin & Tonic
@Ken:
Hepburn was in the film, but Andrews was Eliza on Broadway.
TS
@TBone:
Necheles asks about a morning break. Merchan says that court will continue for awhile.
Maybe Necheles wanted to regroup or consult, but she’s not getting that chance right now.
Judge wants to get this done
Miss Bianca
@OzarkHillbilly:
That’s amazing! This wonderful world!
Ken
@Omnes Omnibus: I remind you that I am no longer associated with the Baud! 20xx campaign since the incident, and under the terms of the NDA cannot comment.
TBone
@Ken: 👍😂
TBone
@TS: redirect gonna be lit!
oldgold
This is nothing more than a classic slutty and nutty cross.
Matt McIrvin
@Omnes Omnibus: And there’s a sub-discussion there about how the 1990s really were better than today. But I can think of at least two or three ways they weren’t. Especially if that includes the *early* 1990s though I suspect they’re remembering the late 1990s.
Anonymous At Work
@TS: I prefer Sumner’s comment:
At this point, Necheles sounds like she’s hosting a revival of Perry Mason, waiting for that moment when the witness breaks down, admits they’re lying, and confesses to killing Aunt Martha for the insurance money.
Defense is either opening or coming close to opening a lot of doors to evidence that Merchan had earlier sustained defense’s objections prior to Daniels’ taking the stand. I don’t know where this is all going.
TS
@oldgold:
Difficult to see any benefit to TIFG. Hopefully it will lose him a few more votes. Can’t see it gaining any.
JoyceH
@TBone: Reminds me of something I was wondering the other day. The catch and kill by the Enquirer is part of the charges here. But in the trial it came out that they also ran fictional smears of Trump’s opponents, IN COORDINATION WITH THE CAMPAIGN. Okay, then aren’t those stories also in-kind campaign contributions and aren’t those also violations of campaign finance laws? How about charging those too?
JPL
@oldgold: Maybe the atty is trying to appease the boss.
Soprano2
@OzarkHillbilly: Cue the deaf community outrage that someone would want to cure their daughter’s hearing loss.
TBone
@JoyceH: can a state prosecutor do that? I don’t know NYS criminal law or what governs the jurisdiction for that. Maybe another prosecutor somewhere can pick up that ball and make a touchdown? Certainly charges should be referred at the least
ETA good eye!
Kay
I haven’t followed the trial at all – I’m past the point where I find anything Trump-related amusing – but my husband is and he just loves it. He thinks Trump has good lawyers but they can’t do their work properly because their client is a big, loudmouth asshole. The last trial I remember him following like this was Trayvon Martin.
Baud
@Kay:
Same. Not following except here. Not really going to affect my vote.
jonas
@JPL: I think Trump’s torn: he really wants to be known as a suave guy who nails porn stars. But he also didn’t want that shit to get out in a way where he couldn’t control the narrative and after the Access Hollywood tape, as Hope Hicks testified, it was all hands on deck to reverse course and pretend like it was all a bunch of wack bitches trying to extort him.
JPL
Since this is the likely the only trial before the election, I really hope for a conviction. After Tuesdays cross, I was depressed, but today I feel better. I don’t think slut shaming works.
Almost Retired
@Kay: I think so too…good lawyers impossible client. This nostalgic retro nuts and sluts cross has to be at the urging of the client.
LAO
@oldgold: It seems to me, this line of attack is designed more to please Trump than influence the jury. The likelihood it backfires is pretty high because SD is more of a background witness than a directly related to the crime witness because (1) she had no information about how the $130k was paid or (2) how it was recorded in the corporate books.
Jim Appleton
@Anonymous At Work: Agreed.
Necheles is at or beyond the limit of credible lawyering.
BTW, the BBC live blogging is also pretty good.
jonas
@Kay: I think your husband’s probably right: they’re not defending him terribly effectively not because they’re poor lawyers, but because their client is an idiot who demands that his fragile toddler ego, rather than his legal interests, gets defended first.
Almost Retired
Now I see why Trump brought Senator Nosferatu to the trial. He’s attacking the judge and DAs family members. A violation of the gag order if done at Trumps direction.
Melancholy Jaques
@oldgold:
Somewhat related: Think how things would have gone if Bill Clinton had just let the Jones case proceed and appeared for his deposition when they first asked for it.
Scout211
More from NBC
This is very disturbing to me but she is doing this for her client. I wonder how the females on the jury will take this, though.
Wapiti
@LAO: I wonder how much of today’s cross examination is because of her testimony yesterday getting under Trump’s thin skin.
LAO
@Almost Retired: Anyone have any bets on which Republican Senator will be the next to hold Trump’s hand during this trial? I personally want it to be Ted Cruz.
Baud
@LAO:
Ted Cruz wearing a “Yes, my wife is ugly” T-shirt.
LAO
@Wapiti: I suspect 97% of the cross is motivated by Trump’s reaction to yesterday.
LAO
@Baud: Perfect
Omnes Omnibus
@LAO:
I am not sure why they are wasting time on this except to please their client.
Melancholy Jaques
@LAO:
Do Ron DeSantis or Nikki Haley appear?
LAO
@Omnes Omnibus: 100%
Villago Delenda Est
@LAO: Fuck Rafael Cruz
Scout211
Trump is “nutty and slutty” so this defense strategy today should be called the “I know I am but what are you” defense. 😉
oldgold
@LAO: I agree.
Eolirin
@JoyceH: Didn’t Pecker get an immunity deal from the feds?
WereBear
@Kristine: Dictation is my secret weapon. It’s so good now!
Also, keeping Draft Mind and Editor Brain separate. Never let them share the desk.
Inspired by the book, How to Write Pulp Fiction.
Baud
@WereBear:
Ugh. This is Baud’s Bane. Can’t do it.
WereBear
@Scout211: That should be a vaudeville classic. She’s sure keeping her cool more than Mr. Turd.
Sure Lurkalot
Trump’s reputation generally and specifically regarding his nonpayment of bills and his use of litigation in furtherance thereof prompts the question, why would these “good” attorneys agree to work for him? For the money? If they’re good attorneys, they can attract clients who pay their fees. For the publicity? Even if ETTD is hyperbole, it is true enough that a “good” attorney should have warning lights flashing in their brains.
WereBear
@JPL: That ship sailed with testimony that Cheapo of the Chateau wanted to stall Ms. Daniels until after the election, so he didn’t have to pay her.
WereBear
@Matt McIrvin: The only thing I remember the 80’s being good for was action movies and bright clothing choices.
And combining them.
Villago Delenda Est
@Ken: What the attorneys want or do not want to do is irrelevant. Diaper Don will hang himself by his own petard if he takes the stand.
Geminid
@LAO: Britt! Britt!
Omnes Omnibus
@Villago Delenda Est: As is his Constitutional right.
zhena gogolia
@Anonymous At Work: I always love that scene in Perry Mason!
WereBear
@Baud: You and my writing brother should share a life raft in the Pacific. Serious motivation. Maybe then :)
I have been giving him my daily count. Lead by example.
I’ve been creeping up on it by narrating stretches of dialog, especialy since Elmore Leonard dared other writers to do exposition that way. But this was the first “live test” of operation Lone Desk, No Sharing.
Got an idea, two days later I’m in the Ten Day/50k Challenge!
Gin & Tonic
@Villago Delenda Est:
Pedantry alert: a “petard” is a bomb, so when Will wrote “hoist with his own petard” he meant the dude was blown up by his own bomb.
Now back to your regular nuts and sluts.
RSA
I was struck by something the other day, reading that the Alien and Sedition Acts (1798) were a serious danger to democracy and remembering when the Constitution was ratified (1788). Our system might have been established and then eroded away after just a decade.
coin operated
@Anonymous At Work: I had to LOL at the Perry Mason moment. When I went to get my EMT certification, the VERY FIRST LESSON had nothing to do with medicine and everything to do with the legalities of becoming one.
I remember these words oh so clearly…”There are no Perry Mason moments in court. A good lawyer asks questions they already have the answer to”
prostratedragon
@JoyceH: Lack of [falsified] documentation?
catclub
@JoyceH:
If you did that, CNN would be sued beyond bankruptcy for all the in-kind contributions of free media they gave to Trump.
Ruckus
@Omnes Omnibus:
Nostalgia is really about things being simpler. And they actually weren’t, it’s just that we didn’t hear about/discuss them as much – they just seemed simpler, in hindsight.
And yes democracy was, is and may always be an outlier in history. Making it work actually requires people to think about governing, and actually take at least a small part in making it work. Which of course makes all of us responsible to do our parts. And that is often more than some have any desire to do. Or have any desire to have others participate and get in their way.
Ken
And as has been noted, the answer to “which decade was best” correlates strongly with age, and is usually the same as “when were you a child”. Why yes, things weren’t complicated when I was six…
Ruckus
@Ken:
Take consolation in the fact that you didn’t have sex with Donald Trump.
I take even more consolation in that I’ve never been within miles of him. And am thankful that it’s been a lot of those miles…..
TBone
@Eolirin: the Rump Campaign didn’t.
TBone
Banana bread with walnuts in the oven today. Enough said.
Villago Delenda Est
@Sure Lurkalot: Perhaps they were paid tremendous retainers up front, so they don’t have to worry about TIFG’s habitual tendency to not pay lawyers or contractors?
WaterGirl
@Sandia Blanca: Thank you!
I originally read that as “the golden ticket” and thought he got the courtroom.
I also added the Mark Sumner link at Daily Kos, because he is live blogging again today, too.
Villago Delenda Est
@TBone: You’d better share with the mob here.
WaterGirl
@Ken: I did have a nice GIF of a rolling dumpster file that I used in 2022 for my posts on the Republican convention.
I’ll have to dig that out again this year.
Omnes Omnibus
Villago Delenda Est
@Gin & Tonic: I am well aware of the origins of the saying. I still think TIFG is his own worst enemy, legally. Because he keeps confessing to the crimes he’s charged with.
Belafon
@jonas: Remember the picture back in 2016 of the woman with the shirt telling Trump where he could grab her?
WaterGirl
@WereBear: Are you thinking of Tim Scott or Rick Scott?
I thought Tim Scott was up for VP, the one who is black and likely gay and (seemingly) picked up a fake fiancé for the try-outs?
NotMax
@TBone
♫ Everybody hum along.
:)
JPL
@Almost Retired: yup Anoint the guy who wants to gut Social Security and Medicare.
NotMax
@WaterGirl
Not afire, rather just out for a stroll.
:)
JPL
@WaterGirl: Maybe Nickki Haley said no.
TBone
@NotMax: that’s a light hearted romp 😎
I was inspired by the slutty nut gambit tho
WereBear
@WaterGirl: I think you are right. I must have confused the names in two pieces of news from Mr WayofCats.
I didn’t think TFG would run with a woman… just liked messing with them.
Jackie
@WaterGirl: Rick Scott has also been mentioned as possible VP.
WereBear
@WaterGirl: Fake fiance? Just when you think it can’t get more soapy…
For those who remember soap operas. The opposite of narrative drive. :)
Alce_e _ ardillo
@TBone:
@TBone: At this point, the only reason to keep trashing her is because that is what Orange Julius Caesar wants.
Melancholy Jaques
@Ken:
I chose the 90s because it was my late 30s, early 40s. Old enough to appreciate things, making decent money, still had hair, still lithe and loose enough to do whatever I wanted without my back aching for a week, etc.
Also, still plenty of great bands.
Ruckus
@Ken:
Actually for me things were more complicated when I was a child.
Sure, not as many moving parts as the saying goes, but some were a bit more scary, medically – at a time when medically speaking, far less was known, and how to treat it was a similar situation. All things considered, still having all the working parts is rather nice. Two weeks into technical high school we had an all students assembly in the auditorium and the vice principal had each shop send up their shortest freshman to the stage. Everyone in my class immediately called me out to go on stage. I told them to fuck off – if I stand up I’m walking out of the auditorium and flipping off Father Schaffer, the VP, one of the worst humans I’ve met in my lifetime, to this current day, many decades later. Two minutes later all the kids in my class actually understood. That asshole made fun of the kids on stage about their height and I avoided having to punch that asshole in the nuts. BTW he did this every year. Fun school. Not. Just so you know, I hadn’t grown since I was 7, I actually was the shortest kid in school. At least it was only physical height I was lacking. I did grow later though and am average height now. I also still think Father Schaffer is one of the worst humans I’ve ever known – and I’ve met some wonderful – and some rather shitty humans in my lifetime, as we all likely have.
karen marie
@Scout211: None of which has anything to do with the charges – falsifying business records as part of a plot to violate election law.
karen marie
@Anonymous At Work: All well and good until the jury is instructed on the law and given a verdict slip on which they have to answer specific questions, none of which have anything to do with whether Daniels is a bad person.
japa21
And Stormy has left the building, along with, I don’t doubt, a large share of the reporters.
LAO
Well, Andrew Weissman, who was present in the courtroom during SD’s cross examination, felt SD hit a home run and was unflappable.
Ruckus
@WaterGirl:
That rolling dumpster fire was much, much, much, much smaller than the shitty moving trash fire that is djt. Also when all the crap in that dumpster was burned it wouldn’t be a fire any longer. djt seems like it will NEVER end. I mean we all know better but still…..
TBone
@Alce_e _ ardillo: went over like a fart in a court room 😆
Ken
What is Conway suggesting they should have done differently? Asked the one question about her knowledge of business records, established she had none, and asked that her prior testimony be stricken as <voice option=”Raymond Burr”>irrelevant, immaterial, and prejudicial</voice>?
Omnes Omnibus
@Ken: Just get up and ask the one question and then sit down. It conveys that the all the other stuff was irrelevant. Be dismissive, but polite.
TBone
In my dreams tonight, Dark Brandon will award Stormy Daniels a Medal of Freedom.
Captain C
@catclub: Your offer is acceptable.
TBone
I thought Conway was referring to Rump’s “defense.”
Steeplejack
@Ken:
“Incompetent, irrelevant and immaterial.” And it was usually Hamilton Burger sputtering it.
Captain C
@Ruckus:
Plus, over time, we edit out the unpleasant and complicated parts and mainly remember the good, simple ones. Kind of like those late-night infomercials for, say, Super Hits of the ’70s CDs that have tons of mediocre-to-bad songs that you’ve totally forgotten but were pretty big radio hits in their day.
Baud
@Captain C:
I wish I were like that. I seem to only remember the bad times.
ETA: But at least I’m not afflicted with fake nostalgia.
NotMax
@Steeplejack
“Wait. it’s not Ham Berder?”
– Dolt 45
//
Spanky
@Steeplejack: I still remember my eight year old self discovering that Mason’s foil was Ham Burger.
JoyceH
@catclub:
No, they wouldn’t, or if they were sued they would win. You can complain, we can all complain, bitterly and accurately, about the amount of free media Big Media gave the Trump campaign. But they all did it for their OWN purposes. They did it because he was entertaining. The Trump Campaign was a carnival act, a freak show, and it was vastly entertaining to watch. And in 2016 NOBODY thought he could win. So why not juice the ratings covering the antics? No harm no foul, right?
The Enquirer was a whole nother kettle of fish! Trump and Pecker met, they made an AGREEMENT, also know as a conspiracy, that the newspaper would help the campaign. And then they carried out the conspiracy. The campaign would call the paper and suggest targets and topics, say Ted Cruz and infidelity, and voila, the paper would be blaring about Cruz’s Five Mistresses. THAT is a criminal conspiracy, and a campaign violation. And we shouldn’t shrug it off as ‘everybody does it’. No, they do NOT.
Ruckus
@Captain C:
I’m very, very close to that 3/4 of a century day and still remember a fair portion of the unpleasant and complicated parts, although the good simple ones are also there. At least many of them still are…..
NotMax
@Spanky
Not a bad drinking game to knock one back each time he returns to the prosecution table and places his left fist on it before swiveling around it to take his seat. Like, nearly every single time, approaching OCD level.
;)
FastEdD
It looks like the cross was all about slut shaming Daniels, and that was never going to work. She’s had many years of experience responding to that. Redirect was pointing out that defense counsel was being dishonest about showing Daniels’ responses to tweets but not the tweet itself attacking her. I can’t for the life of me figure out why the defense went on and on about the details of the encounter in the hotel room (just threw up in my mouth a little) which virtually admits that it occurred. Then their concluding gotcha moment was “Didn’t you lie about the whole thing?” Objection, sustained, and it’s over. Defense was proving the prosecution’s point.
And yes, I know it is a case about false business records, and the reporters left because they went back to what the case is about.
hueyplong
@Ken: You’re pretty close to the mark as to what they could have done differently.
But Trump wanted Daniels “destroyed.” Because that’s literally impossible, his lawyers will have his wrath just as they would have had it for insisting upon the preferred legal strategy.
The efgoldman line describes my level of sympathy for defense counsel.
trollhattan
@Jackie: He’s a lot richer than Donnie, and rather proud of himself. Good fit for Donnyworld?
Baud
Trump’s base hates women and he needs them to come out. Maybe that was a reason for attacking SD.
TBone
@JoyceH: 👍
JoyceH
@TBone:
In a better time stream, Dr Stephanie Clifford would be living her best life treating horses for their horsey problems.
Something struck me the other day. I graduated from high school as a smart girl, but also a slim girl with big breasts. What if my parents hadn’t been able to afford to send me to college? What if I wanted to make some good money to eventually get myself to college? That could have been me! Of course, different age cohort, by 2006 I would have been ‘too old’ for Trump, despite being younger than him, but still.
I’m following along on Twitter about today’s events and the cross-examination, and there in court is a Yale Law grad lawyer with her own law firm losing a battle of wits with a porn star. Having the big degree doesn’t mean you’re smart. And lacking the big degree doesn’t mean you’re stupid.
Villago Delenda Est
@Jackie: Someday all of his horcruxes will be found, and he’ll be fucked royally.
TBone
@Baud:
Trump
’s basehates women and hates that he needs themto come out.Maybe that was a reason for attacking SD.Omnes Omnibus
@hueyplong:
I would say that the defense could/should have objected more during direct. But having not done that, they should have taken the punch and rolled with it. Once the testimony was in, it was in. Ask one or two questions on cross and get her off the stand.
FastEdD
@JoyceH: So true. SD’s wit is a defense mechanism.
TBone
@JoyceH: perfectly said.
TBone
@JoyceH: some tribute 🎶 where it’s due
https://m.youtube.com/watch?v=rrBx6mAWYPU
NotMax
A little mushroom respite with which to decompress.
;)
scav
And we’re back to the word péter “from French péter (“to explode; to break wind, fart”) (slang), from pet (“emission of digestive gases from the anus, flatus, fart”) (slang), from Latin pēditum (“flatus, fart”), from pēdō (“to break wind, fart”), ultimately from Proto-Indo-European *pesd- (“to break wind softly”), probably imitative; or.”
Alce_e _ ardillo
@JPL: bingo.
TBone
@scav: the olde days, originalist meaning of trump
(A Dictionary of Culinary Curiosities) by Mark Morton
oldgold
Before this cross many attested to Susan Necheles being an excellent litigator.
I do not doubt that; however, like many other attorneys that have represented Trump, by taking his direction, she sullied her reputation. This slut shaming cross was abysmal and for this trial tactically unnecessary. In fact, for this criminal case, it was hurtful.
Ken
DEFENSE LAWYER: “But you enjoyed the sex, right?”
DANIELS: “What?!”
DEFENSE LAWYER: “The sex, it was the best you’ve ever had, right?”
PROSECUTION: “Objection!”
DEFENSE LAWYER: “Your honor, our legal strategy” (rolling eyes toward Trump) “requires, nay, demands that I ask this one question.”
karen marie
Trump is so concerned about the fucking people not his wife, he’s using Barron as cover.
NotMax
@scav
It’s a living.
Actual (unfortunately silent) footage.
;)
LAO
@oldgold: I have a question: what type of law did you practice?
WaterGirl
@JPL: See as many (most?) women have been on the receiving end of slut shaming, for no good reason, I don’t see how this is going to go over well with the womens.
TBone
@NotMax: L.O.L!
😆 I am very young at heart, apparently
Sandia Blanca
@WaterGirl: thanks WG!
Gloria DryGarden
@TBone: quite! So, in fact, he’s really an old fart.
The word play is funny and delightful, and so apt.
The unpleasantness isn’t.
And, I still prefer to pick on his other behaviors. It sounds like this is out of his control. If he weren’t such a control freak, he could ask for nutritionist help with his diet to figure out why it keeps happening, and change something.
oldgold
@LAO: My practice is and has been broad. Early on it was focused on litigation. Some prosecution. Some criminal defense. Then, a lot of civil defense litigation. Currently, much less litigation, but still litigate.
WaterGirl
@Steeplejack: Steeplejack, the official Balloon Juice Perry Mason historian. :-)
If anyone would know, it would be you!
...now I try to be amused
For those who are puzzled by Trump’s defense strategy: Teri Kanefield pointed out that Trump’s needs as a defendant are opposed to his needs as a politician, and politics wins out every time.
LAO
@oldgold: Thanks, I was curious (obviously).
like a metaphor
I was just thinking, if my name was David Pecker, I would change it. Maybe to Harold Pecker. Or Peter Pecker- that has a nice ring to it, doncha think?
WaterGirl
@Baud:
Sad, but true. You are likely right.
Geminid
@WaterGirl: Steeplejack knows, and what he doesn’t know he finds out. Kind of like the Paul Drake of Balloon Juice.
Anonymous At Work
@karen marie: Back from meeting but YES, this is why I said that the judge’s summation and instructions will be killer for TFG. Cohen leans on Pecker leans on Daniels leans on McDougal leans on leans on leans on leans, etc.
Summary will be that Pecker did his buddy a favor by paying obscene (at that time, for that content) amounts of money to buy stories and not print them, when his buddy was in a campaign. Money routed through TFG’s company to Cohen to repay him, and TFG signed the checks personally since they were large and TFG signs as many bills as he can, just in case he thinks he can renege or delay paying.
oldgold
@LAO: I believe earlier you said you were acquainted with Susan Necheles. Do agree with me or have a different take on her cross of Stormy?
My perspective is from a much different world than NYC. So, I am interested in your perspective as someone who knows the lay of the land where this matter is being tried.
WaterGirl
@karen marie: Oh my god, this photo.
Does this, or does it not, look like 3 people stoically waiting for the firing squad to begin shooting?
hueyplong
Probably something I shouldn’t admit, but every time there is a picture or story about Barron, I think of the scene at the end of The Boys From Brazil when the Israeli CIA-types are after Laurence Olivier’s list of the Hitler clone boys and he thwarts them.
I used to root for Olivier and think the other guys were monsters.
WaterGirl
@like a metaphor: Peter Pecker picked a peck of pickled peckers.
Fair Economist
@Ken:
I think hands-down the best decade during my life was the 90’s, when I turned 30. China was opening, Russian wasn’t autocratic, India was solidly democratic, nuclear war wasn’t a threat, and even Israel-Palestine looked like it was going to be solved. People were talking about the “end of history” when all serious conflicts would be resolved.
It was good for me personally as well, but I think I can separate that out.
JPL
@WaterGirl: In fairness, I think that was taken after Melania’s mother’s funeral.
Gloria DryGarden
@Scout211: And why shouldn’t she get free press for her book, or take financial gain from a bad situation? She’s not defrauding anyone, nor sexually harassing someone by offering a job they’ll never get, if she just puts out. It’s weird to me that cross is trying to make her wrong for that.
Whatshisface gets so much free press.
and isn’t he the slut?
I do so wish people would quit assuming that sex workers are available for free sex, that they should be easy, and you can just take it from them. I don’t imagine that it’s easy work.
What Watergirl said, most women have been slut shamed. But the very busy men don’t seem to get any derogatory naming for their private “activities.”
like a metaphor
@WaterGirl: Ha! and by ha, I mean ew!
smith
More evidence, in case any more is required, of the Defendant’s extreme neediness and fragile ego. A professor at Wharton is on record as describing him as “the dumbest goddamn student I ever had.” The Defendant could not let that stand. And this is why his lawyers are carrying out a self-defeating defense. It’s much more important to dominate and defeat Stormy Daniels than it is to avoid a guilty verdict.
TBone
@smith: can’t see it but want to.
Ken
I’m reminded of Rumpole of the Bailey episodes, and also Sayers’ Strong Poison, where an English judge is doing their summing-up for a jury. They’re often portrayed as hostile to the defendant, or at least seem to have a lot of latitude to inject phrases like “if, of course, you find that story at all believable” into the summation.
Is that an accurate portrayal of British court practices? How about US courts — I have no comparison, since our fictional lawyers like Mason and Matlock generally solve the mystery before the jury begins deliberation.
Nettoyeur
@Eolirin: yup
Nettoyeur
@Fair Economist: Russia was in its own Weimar Period in the 1990s, which , like the German original, led to dictatorship.
smith
@TBone: Here’s another story about it.
https://meidasnews.com/news/trump-shared-a-fake-quote-from-his-professor-who-actually-thought-trump-was-the-dumbest
Mai Naem mobile
@WaterGirl: i thought Barron used to look like an awkward teenager but the recent pics make him look like a creep. He’s got that ‘I can get away with stuff’ rich and powerful look about him now.
trollhattan
@Mai Naem mobile:
He’s now 18 and listed as a delegate-at-large for Florida at the RNC.
So he’s all-in.
At 18 I registered to vote, registered for the draft, received my draft card, god accepted to uni. Hmmm, should I vote for Nixon? did not keep me up, nights.
Anonymous At Work
@Ken: Not like the British but there are jury instructions, which frame the questions. Most of instructions are standardized, but some are not and which ones to pick can be an arguement. They are hotly contested in many trials, especially one like this one where “If Cohen is sleaze, you must acquit” or “To acquit, you must believe these 12 witnesses were all lying AND they forged all the documents that you saw” would be determinative. The judge has a lot of discretion.
Oh, and this is the fear for the Florida documents case overseen by the young Aileen. If she decides the instructions should be that TFG can telepathically declassify documents and mark them as ‘personal diaries’, her jury instructions all but require acquittal.
WaterGirl
@JPL: I did not know that. I can see Melania and Barron grieving. As for Donnie, I imagine that look is because he was being forced to suffer through the funeral and the family experience.
gene108
@Anonymous At Work:
Also to make sure no one’s stealing from his business. He seems like small business owner, who isn’t great about establishing internal controls and micromanages things like personally signing checks and reviewing bills to compensate.
NotMax
@WaterGirl
Trying to work out a way to sell pieces of the coffin online.
“After all, she’s dead. She’ll never miss it.”
//
Citizen Alan
@Ken: In my limited exposure to trial practice, the parties hammer out the jury instructions, mostly based on Model Jury Instructions that have been approved by appellate courts, with the judge making the final decision on any they disagree over. Then, the clerk types up all those instructions (pages and pages of them) for the judge to read to the jury in a monotone voice while the jury struggles to stay awake. IIRC, it is forbidden to send the written instructions back with the jury during deliberations for reasons I’ve never understood.
Citizen Alan
@trollhattan:
Probably. Though he is his mother’s son as well, and he may be just counting the days until Daddy kicks the bucket. If he gets screwed in the will or something, I could see him and his mother trying to make bank by writing tell-alls about how awful the Trump family is, in which case becoming a somewhat loud Democrat would be a good financial move.
Anonymous At Work
@gene108: In his defense, oddly, it IS a small family business. There isn’t a ton of transactions anymore in a steady and predictable stream. It’s dabbling in a few areas around the family’s real estate holdings but with BIG NUMBERS. Most operational decisions have been removed over the years and the bankruptcies. “I manage a few duplexes” and “I manage a few BAZILLION dollar condos” probably take the same level of staffing and effort.
Anonymous At Work
@Citizen Alan: I have doubts/concerns. He just turned 18 and his dad will get the nomination. Having his 3rd son/4th favorite progeny put him over the top is the sort of “humanizing touch” that someone planning a nominating convention would do.
Formerly disgruntled in Oregon
@TBone: Oh my god.
BRING IT BACK!!!!!
”Damn, it stinks in here. Which one of you trumped? That’s disgusting…”
TBone
@smith: thank you!
Ken
@gene108: So on the topic of micromanagement, there’s a screencap circulating on bluesky that’s alleged to be an exchange between a Tesla owner and the Tesla shop about a vehicle repair. The owner asks why it’s taking so long, and the shop says that Elon now has to approve each PO before they can get the parts.
Reactions are split about evenly. Some think the shop is fobbing the customer off with an excuse, with some of those thinking they’re exploiting the weird fan-worship that many Tesla customers exhibit.
The other school of thought is that Tesla has some ghastly internal financials, and Elon is reacting as have many other managers of failing companies, by demanding oversight of all expenses.
Really I’m happy with either.
JPL
@trollhattan: trump once said that vaccines caused autism, and Melania paid close to his early education when they lived in NYC.
hmmm I actually heard that he’s on the spectrum. His appearance as a delegate might not be by choice.
Bill
@Citizen Alan:
I was on a jury almost exactly a year ago in that same Manhattan Criminal Court building, in fact in a courtroom on the same floor a little way down the hall. The judge read out the jury instructions, and then we were given the 40 plus printed out pages he read to take into the deliberation room for further reference.
catclub
Well, the dictatorship in Germany did come after the Weimar period. But I would argue that the primary cause of that dictatorship was 47% unemployment in 1933, not a hyperinflation in 1923, from which the nation had almost completely recovered by about 1929.
brantl
@OzarkHillbilly: Turd Grenade!
Baud
@catclub:
Maybe the media still talked about it nonstop as if it were still sky high.
WaterGirl
@Mai Naem mobile: Rich and arrogant, as if he is some sort of nobility. That’s my take in recent photos. I could be wrong, though.
smith
@WaterGirl: I get the same impression. In fact, he has the same cold and haughty expression you often see in pictures of Jared Kushner. Of course, Melania rarely has a pleasant look on her face, so it’s not surprising her kid is the same.
Another Scott
@trollhattan: It sounds like practically TIFG’s whole family is either delegates or chairs or some other functionary at the event. IOW, he needs loyal bodies.
Cheers,
Scott.
smith
So, it looks like the prosecution won’t put Karen McDougal on the stand after all. I guess there’s one more big witness to go before they’re done. I wonder who the defense will call to testify. Really hoping the Defendant won’t be able to resist the temptation.
oldgold
Prosecution says it is not going to call McDougal. Interesting.
Judge denies Trump’s motion to amend gag order.
Scout211
ETA: Trump wanted the gag order amended so he could talk about Stormy Daniels (CNN).
Of course he does.
Scout211
Blanche requests a mistrial again.
LAO
@oldgold: I see the thread is still live.
Re: SN I don’t think it was an effective strategy, however I do believe how the cross was designed was for one person, Donald Trump. I don’t believe, if left to her own devices, SN would have approached cross in the manner she did. That being said, any criticism of the cross is well deserved.
Also, the “beating of a dead horse” theory of cross is fairly common in NYC.
LAO
@Citizen Alan: Every judge has their own individual rules as to whether jurors can take the instructions back to the jury room. In NY, most state judges allow it. In the federal system, fewer judges permit it.
Scout211
Blanche is going through all the testimony that he claims was prejudicial.
Merchan pushes back, say he already sustained most of those objections. Blanche continues.
JPL
@LAO: Thanks
JPL
@smith: I’m convinced that orange turd practices scowling in front of a mirror.
Scout211
WaterGirl
@smith: I will be surprised if there is only one more big witness. They said they were going to call Michael Cohen, but not as the last witness. So this is an interesting turn of events.
smith
Merchan is making it clear that the failure of the defense to make timely objections is coming back to bite them. Can’t ask for a mistrial now if you didn’t object then. Mistrial is denied.
smith
@WaterGirl: I assume they will have more documentation witnesses, but I don’t know who beyond Cohen would have any more inside information on the conspiracy.
LAO
That was a brutal bench slap to team Trump and SN, specifically.
WaterGirl
@oldgold:
What did Trump want to change?
edit: answered above. He wants to talk about Stormy Daniels. What an idiot.
WaterGirl
@Scout211: We have a new rotating tag!
WaterGirl
@Scout211: What for this time? (asking for a mistrial)
WaterGirl
@smith: All I know is what I said, which is that they wouldn’t call Cohen as their last big witness. Or maybe they didn’t say that at all, and it was just the legal eagles who said that?
WaterGirl
@LAO: Ooh, ooh, can you say more?
I have been working this afternoon, dammit!
WaterGirl
@JPL:
He absolutely does. He worked hard on that “look” for his mugshot. He uses it everywhere. He thinks he’s the star of “The Defiant Ones”.
smith
@WaterGirl: Knowing what we now know about how this played out, can you think of who else is left who might have a significant piece of the story to tell? I suppose there might be someone who knows about the decision to record the payoff as a business expense?
Certainly I agree that Cohen would not be ideal as the last witness. Having seen some of his interviews and podcasts he does come off as an asshole.
WaterGirl
@smith:
Isn’t that also Lawyering 101?
Ken
IANAL but continuing strikes me as unwise.
WaterGirl
@smith: I suppose they could sandwich his testimony between everything they have done before document & witness-wise, and follow up with more document testimony that confirms all the same stuff.
smith
@WaterGirl: IANAL, but I understand from real lawyers that it is pretty basic. Certainly the lawyers commenting here and elsewhere have expressed puzzlement over the lack of objections to some of the more salacious testimony.
Ruckus
@WaterGirl:
I just erased a very snarky comment concerning the smiles not on their faces.
I’ve been to funerals that most everyone didn’t look as bad as that.
They look like they just left the bank after withdrawing all their money and having $1.95 between them, the day after the IRS was there.
Ruckus
@Fair Economist:
My best decade was the mid 70s.
The Vietnam war was over, I was honorably discharged from the USN, I went to college, met a nice girl and the world seemed like a better place. 4 out of 5 ain’t bad…..
Baud
@Ruckus:
Thanks Ford!
Ruckus
@Baud:
I drove an Opel then…..
Other than that….
Another Scott
@like a metaphor: Middle name “Piper”??
Cheers,
Scott.
WaterGirl
@Geminid: Yes!
oldgold
@WaterGirl: He wanted to be able to speak about Stormy Daniels.
Another Scott
Meanwhile, the Senate is voting on the 5 year FAA reauthorization bill. C-Span live video. 51:4 at the moment, 60 votes needed.
Cheers,
Scott.
WaterGirl
@Another Scott: Who needs safety regulations for airplanes??? //
wjca
Real ‘Muricans in flyover country, who don’t want no cloast elites falling on them.
Another Scott
@WaterGirl:
Fritschner is furious at the Senate:
The FAA bill adds 10 flight slots to DCA and local reps are furious, especially with the process (dumping it into a take-it-or-leave-it bill with no input from locals).
FWIW.
Cheers,
Scott.
Poor Sue
@JoyceH: This trial is in state court and the charge is falsification of business records, something New York as a world financial hub takes very seriously. The campaign law violations are the putative crime that raises the business records violations from misdemeanors to felonies, but the state hasn’t actually charged them. Additionally, I believe Pecker testified under an immunity agreement.
NotMax
@smith
Several possibles.
George Sorial, executive vice president and counsel at the Trump Organization.
Alan Garten, executive vice president and chief legal officer at the Trump Organization.
Jill Martin, vice president and assistant general counsel for litigation and employment at the Trump Organization.
.