David Pecker's testimony today could provide the link between hush-money payments and Donald Trump's scheme to influence the outcome of the 2016 election

David Pecker begins his testimony in Trump NY trial (Reuters)

 

David Pecker, former publisher of the National Enquirer, is scheduled to be first up on the witness stand this morning at the Donald Trump hush-money trial in New York. One legal  expert says Pecker's testimony could provide one of the defining moments of the entire trial. David McAfee, of Raw Story, examines the take of New York University law professor Ryan Goodman under the headline "Law professor explains 'dynamite evidence' first witness brings to Trump criminal trial." McAfee writes:

The first witness scheduled to provide testimony in Donald Trump's historic criminal case in Manhattan will bring "dynamite evidence" that jumps to the heart of the case and shows Trump intended to conceal his affairs in order to win the presidency, a law professor said.

Raw Story reported on Sunday that The New York Times had sources suggesting the first witness to be called in the falsification of business records case is  former National Enquirer publisher David Pecker. Pecker, a key figure in the hush-money scandal involving Trump, is expected to provide crucial testimony about his role in suppressing stories detrimental to Trump during the 2016 presidential campaign.

NYU law professor Ryan Goodman analyzed the prosecution's filings to see exactly what evidence Pecker would be providing during the first official day of trial.

Ultimately, Goodman concludes that neither Michael Cohen nor Stormy Daniels are likely to be the key witnesses in the trial -- but David Pecker might be. Writes McAfee, quoting Goodman:

"Pecker could be the key witness - in ways more devastating than Michael Cohen," according to Goodman's weekend analysis. "This also indicates the DA is foregrounding unlawful election influence for jurors."

Goodman goes on to say that "Pecker's testimony should be strong proof of the core allegation that the hush money scheme was geared toward influencing the outcome of the presidential election."

"Pecker was a principal at an August 2015 Trump Tower meeting with Trump and Michael Cohen, setting up the catch-and-kill election operation," he added on Sunday before sharing a piece of the indictment. "Here's the passage from the NY Indictment indicating the evidence the DA - including through Pecker's own testimony - can present re: the August 2015 Trump Tower meeting, which set the whole scheme in motion."

"At the meeting, the AMI (American Media Inc.) CEO agreed to help with the Defendant's campaign," says the highlighted part of the indictment.

"Pecker likely will  testify about his involvement in a flurry of phone calls, the day after the Access Hollywood tape broke, to buy-and-bury Stormy Daniels' story," Goodman added. "Pecker also likely will testify about his conversations directly with Trump and Cohen in December 2016 - on the arrangement for Trump to reimburse Cohen for the hush money payment to Daniels."

Further, according to the law professor, "David Pecker's dynamite evidence of nexus between the hush money scheme and the effort to influence the election includes "Pecker's own testimony that in the summer of 2017, the Defendant invited the AMI CEO to the White House for a dinner to thank him for his help during the campaign."

Important matters might ultimately be decided in NY hush-money case, but for now, Donald Trump's snoring, sleeping, and farting are taking center stage

(Tommy Deeb, Facebook)

 

Many Americans probably expected  Donald Trump's hush-money trial in New York to be a bit of a clown show. After all, Trump has a knack for interjecting theatrics and chaos into most any situation. And the trial already has a dramatic flavor, being the first time in American history that a former president has gone on trial for alleged criminal conduct. But I doubt even the most cynical anti-Trumper -- and you can count me among that group -- expected that news heading today into the trial's second week would be dominated by reports of Trump snoring and passing gas during the proceedings, reportedly causing his own lawyers to have their gag reflexes kick in.

Even a member of Congress, U.S. Rep. Jared Huffman (D-CA), jumped into the smelly fray, writing on X (formerly Twitter) : "I had some challenging clients during my lawyer days, but never anything quite like what Trump is putting his lawyers through . . ." Huffman linked to @acyn, the account of Ben Meiselas, an attorney and founder of the MeidasTouch Network, which also is known as Democracy Defense Action. The Meiselas link included a video, with Meiselas stating: "What I’m hearing from credible sources is that Donald Trump is actually farting in the courtroom… I’m hearing it from credible people that as he’s kind of falling asleep, he’s passing gas and that his lawyers are really struggling with the smell."

Dash Dobrofsky has added his take at "The Gen Z Perspective" Substack page. Under the headline "Trump FARTS While Asleep During Hush-Money Trial; Credible sources claim defendant Donald Trump has been passing gas throughout the jury selection process," Dobrofsky writes:

According to MeidasTouch, credible sources from inside the Manhattan courtroom have been smelling a foul odor emitting from defendant Donald Trump’s seat — who allegedly has been farting in his sleep throughout the trial.

Smelly Trump passes gas during jury selection process

 

Ben Meiselas — the legal reporter for MeidasTouch — shared some new reporting on MeidasTouch about the putrid smell that has been surrounding Trump’s body: “What I’m hearing from credible sources is that Donald Trump is actually farting in the courtroom… I’m hearing it from credible people that as he’s kind of falling asleep, he’s passing gas and that his lawyers are really struggling with the smell.”

 

 Wowza

The story is accurate. I produced content for MeidasTouch during the 2022 midterms, and they never publish anything without a legitimate source behind the scoop!

The Snopes fact-checking site did not agree with Dobrofsky's conclusion and labeled the claims "Unproven." Under the headline "No Evidence Trump Passed Gas in Courtroom During Hush-Money Trial; Claims of presidential flatulence are a mainstay here at Snopes." Jack Izzo writes:

On April 15, 2024, the first day of the criminal trial against former U.S. President Donald Trump, The New York Times' Maggie Haberman reported Trump appeared to be falling asleep during court proceedings. The news went viral immediately.

Days later, a new, unconfirmed rumor joined the media circus: The former president had been rather … flatulent. The claim appeared on April 19, 2024, in a clip posted by the X (formerly Twitter) account @Acyn of an interview on the MeidasTouch Network, a progressive media organization.

In the clip, the founder of MeidasTouch, Ben Meiselas, talked about how he had heard from credible sources that Trump's gas was noxious enough to make his lawyers struggle with the smell. Meiselas did not name his sources, and almost backed off from the claim at the end: "Take it for what it's worth, they may be going on background telling me that because it's the Meidas Touch and they think that we want to hear that."

The claim was backed up by George Conway, who was married to Trump aide Kellyanne Conway until 2023 and has vocally campaigned against the former president. Conway said on his X account he had heard similar rumors:

I heard this too. I’m not kidding. The court’s going to have to issue more than a gag order here.

We appreciate Snopes' commitment to the facts -- they tend to be kind of important in journalism -- but if you can't have a few laughs with a story like this, when can you lighten up? The first rule of comedy, I think, is this: You can never go wrong with a fart joke; I think someone told me that once -- or maybe I saw it written on a piece of scrap paper tucked inside a library book. You never know when such a pearl of wisdom is going to come your way. (See image at the end of this post.)

Our props go out to George Conway for not allowing Snopes to suck all of the fun out of the room --  to borrow a phrase from the late, great Glenn Frey of the Eagles, in reference to the perfectionistic tendencies of his songwriting partner, Don Henley

Conway didn't let us down with an item from OK Magazine, under the can't-miss headline "'Struggling With the Smell': Donald Trump Farts Up a Storm During His Criminal Trial as a Foul Stench Fills the Courtroom: Report":

Outspoken Trump critic George Conway commented on the video, writing, "Not that anyone should do anything with this information—but flatulent and fraudulent do rhyme."

Let's return to Snopes' take on this story that now resides at the heart of our democracy . . . you might call it "Fartapalooza breaks out in New York courtroom." Writes Jack Izzo of Snopes: 

Snopes performed its own investigation into whether this rumor passed the smell test but came up short — everything we found could be traced back to either Meiselas or Conway. Because neither of them shared who their sources were, and no major news outlet had covered the supposed flatulence, we have rated this claim as "Unproven."

There's a long history of making fun of minor presidential gaffes, like a "Saturday Night Live" take on Gerald Ford, inspired by the time he fell down the stairs of Air Force One. When that claim is about the president's supposed flatulence, it's often an implication that the person is growing senile and might be unfit to serve. But as Snopes summarized in 2022, claims about embarrassing behavior by a president, current or former, are not new, no matter the political positions or the truthfulness of the claim. We've covered them about Trump, Joe Biden and Barack Obama.

Since Ben Meiselas had the first word on this subject, we will give him the last word, too. This is from his Twitter account:

I had mixed feelings about how viral our reporting on Donald Trump’s court room flatus went since it was a very small part of our broader, very stellar coverage of the Trump criminal trial, with some of the top experts. Here is some feedback I received however:

“Ben, don't apologize. We are yet awaiting Justice, and public humiliation is simple karma. Instant, natural justice is so satisfying. Always.”

“Ben, normally I'd feel sorry for someone with a serious disability. With trump and his cruelty towards others, it's just karma.”

“These poor people who have to sit and smell him. They are the ones gagging.”

“OMG! Don't talk about this! All those MAGAs will rush the podium where Trump speaks, just to stand in the presence of Trump's holy gas!”

“Ben, I genuinely despise attacking, or watching others attack, a person's personal health or mental dysfunction. But when a vile creature deliberately seeks out weaknesses and personal challenges in every person he encounters, to use against them while trying to hide his own, open the floodgates and let it flow. Nobody is more deserving of public humiliation than Trump. He even makes up embarrassing issues to go public about others to make himself look better. He deserves no sympathy.” 

Here is a video we made on this ordeal https://youtu.be/CHuCVBk1L4c?si=PL9-17kXGCgQM_Ji

 

 

Donald Trump and Jesse Watters, of Fox News, appear to be working in collboration to traffic in fake news that might amount to jury tampering in New York trial

Donald Trump and Mary Trump (People/Getty)

 

Donald Trump and Fox News have engaged in apparently collaborative conduct that could amount to jury tampering in Trump's New York hush-money trial, which heads into its second week tomorrow (4/22/24). That is from a  report at Substack by Mary L. Trump -- psychologist, author, Donald Trump's niece, and one of the most vocal critics of his efforts to regain the U.S. presidency in 2024. Under the headline "BUSTED: Witness Tampering by Donald and Fox;What you need to know," Mary Trump writes:

Donald and Fox News are caught in their efforts to intimidate the jury, as prosecutors ask Judge Juan Merchan to lay the smackdown on Donald for the 7 breaches of his gag order. There’s a lot to discuss in this update, so we invite you to read on!

Upgrade to paid

Normally, my issue with the corporate media is its failure to shine a light on stories that matter. But in this case, it seems some segments of the corporate media, primarily Fox News, is hell-bent on helping Donald interfere with his trial through jury intimidation. It’s a disturbing reality that we must confront.

Last night (Thurs., 4/18/24), Donald Trump posted the following on social media:

“They are catching undercover liberal activists lying to the judge,” Jesse Waters (Fox News host).

We have seen  no evidence that Trump's post was true, and Mary Trump cites multiple lawyers who say the court should treat it as a serious matter, designed to interfere with the court's ability to dispense justice in the highly publicized case. Mary Trump writes:

Lawyers and legal analysts, such as Ryan Goodman and Andrew Weissmann, made it clear this was a serious breach, the most serious to date, of Judge Merchan’s gag order – one that should be dressed immediately. 

The fact that Donald was quoting somebody else is irrelevant. This seemed to be a blatant case of jury tampering, especially since, at the time this was posted, five jurors and all six alternates remained to be chosen.

I fully expected the next day's  proceedings to begin with the judge announcing that the so-called Sandoval hearing, which he originally scheduled, would be held before any other court business. This seemed to be a reasonable assumption, considering the purpose of that hearing was so the judge could rule on the prosecution’s contention that Donald should be held in contempt and sanctioned accordingly.

That is not what happened.

Juror Number 2 dismissed

It’s not uncommon for a juror to be chosen and subsequently let go during the selection process. That was the case with Juror Four after the prosecution discovered the man might have been untruthful in some of his answers during voir dire.

Juror Two’s circumstances were different. She was excused after telling the court that she had become concerned that her identity might be discovered after her family and friends questioned her about possible involvement in the trial following media coverage.

The fact that the judge felt the need to keep the identities of jurors anonymous is a damning indictment of the criminal defendant. And clearly the jurors understand the inherent danger of being seated on this jury. 

To put this in perspective, my friend and former U.S. Attorney, Joyce White Vance explained, “Typically, you would only see that happen in a case involving violent organized crime.”

Following the juror’s feedback, Judge Merchan reprimanded the press for reporting far too much information about the jurors. [Out of an abundance of caution, I deleted the section about the jurors from one of my earlier posts.]

He ordered a redaction of questions about potential jurors’ employers from the court record and told reporters not to reveal anything about the jurors’ physical appearance.

Unfortunately, Fox News and its “personalities,” such as Watters, under the guise of exercising their First Amendment rights, are engaged in an effort (whether coordinated or not; there’s no way to know just yet) to manipulate public perception and, potentially, the jurors.

Fox and the defense strategy 

In a disturbing display of media influence, Fox host Jesse Watters went through the list of jurors, with identifying characteristics -- such as employment, gender, place of residence -- and commented on each one.

Watters then singled out any jurors who didn’t align with his idea of what a juror should be (pro-Donald) and cast doubt on their ability to be fair and impartial. This is not just unethical, it’s dangerous. Fox, on Donald’s behalf, was actively helping Donald create an atmosphere of fear among the jurors.

In a just world, Watters would be fired for his irresponsible behavior, but Fox has no interest in justice.

Consider what Josh Kovensky of Talking Points Memo, pointed out:

“Instead of operating within the process of jury selection, which assumes that people are capable of setting aside whatever political beliefs or biases they may have in order to render a good faith judgment on the evidence, it casts the assumptions underlying that process as Trump’s enemy to be defeated, implying that the jurors themselves are incapable of both being impartial in their judgment of him and participating in a political system in which he is a main actor.”

Here is a take from entrepreneur, author, Twitter personality, and voice actor Brian Krassenstein:

MSNBC just massively called out Jesse Watters, Fox News, and Donald Trump for lying about the jury. I don’t understand how things like this cannot result in Donald Trump being thrown in jail. Fox News should also face repercussions. It’s one thing for the media to report on facts of the jury but another thing to make up blatant lies, which Jesse Watters has done in order to skew public opinion and intimidate jurors. There is a reason why a third of Americans have their heads in the clouds. That reason is Fox News.

Donald amplifies Fox, scares a juror, and breaks gag order

So far, here’s the pattern: A Fox personality attacks the judge or jury, and then Donald shares it on Truth Social as a way to give himself plausible deniability: He can distance himself from the quote by saying it doesn’t represent what he actually believes.

This is exactly what he did Thursday night when he quoted Jesse Watters.

Regardless of Donald’s attempts to pretend otherwise, this is a clear violation of his gag order and shows a blatant disregard for the legal process. He needs to be punished or this will spiral out of control quickly. We’re already seeing that his disrespectful behavior in the courtroom and flouting of norms — like refusing to stand when the prospective jurors enter the room or using his phone when nobody else is —has already gone too far.

The gag order was imposed to prevent Donald from publicly speaking about witnesses, jurors, court staff and their families outside of the courtroom. Donald has run out of chances, and his downfall will be of his own making.

Judge Merchan must lay the smackdown on Donald

Prosecutors have accused Donald of violating the court-imposed gag order SEVEN times since the commencement of the trial. And they will have a chance to make the case for Donald to be held accountable during a hearing this coming week.

They have pointed to public statements and social-media posts made by Donald over the past few days as evidence of these violations. They have described the situation as “ridiculous” and have called for it to stop, expressing frustration over Donald’s repeated breaches of the order.

Former federal prosecutor Shannon Wu has now called on Merchan to strengthen the gag order to any communication about the trial beyond Donald saying he’s innocent and plans to defend himself.

At the very least, Judge Merchan needs to be unequivocal in telling Donald and defense counsel that enough is enough. The repeated violations of the gag order and Donald’s attempts to interfere with the trial warrant serious repercussions. He cannot keep getting away with it.

Matters related to Donald Trump, Fox News, and the gag order  are expected to be among the first orders of business during a hearing when the trial resumes on Monday (4/22/24). Mary Trump writes:

Where do we go from here?

We have to fight back when the corporate media, such as Fox and its ilk, seem perfectly happy either staying on the sidelines or actively remain hell-bent on destroying democracy.

We also have to demand accountability whenever Donald breaks the rules. 

The good news is, our stories are getting picked up:

But I can’t do it alone. I need YOUR support. 

By upgrading your subscription, you’re supporting a mission to bring stories that have a real impact on our lives to more people, including those who can’t afford it.

I currently have 209,285 free subscribers. If just 5% chipped in for a membership at the price of a small coffee, I could reach even more voters with stories that would otherwise slip through the cracks. 

Together we can fight to save democracy.

Become a Supporting Subscriber Now

Thank you to everybody who becomes a supporting subscriber. I can only do this because of YOUR help. – Mary

One last thing:

Today and tomorrow only you can preorder my memoir WHO COULD EVER LOVE YOU (hardcover or ebook) at Barnes & Noble and get 25 percent off with code PREORDER25. Available to B&N members here http://bn.com. Sign up for free membership here:  http://barnesandnoble.com/membership/

If you have any upgrade or tech issues, please see my support page. If you’re already a paid supporter, THANK YOU.

A jury is picked as Donald Trump and his MAGA allies help create an environment of fear and intimidation around the hush-money trial at New York courthouse

 

A jury has been selected for Donald Trump's hush-money trial in New York, but court observers remain concerned that Trump's MAGA allies might target jurors for intimidation, possibly putting their safety at risk, according to a report from Axios. Under the headline "Trump jurors face MAGA's microscope," politics reporter Erin Doherty writes:

One of the first jurors seated in former President Trump's historic criminal trial was dismissed Thursday after expressing concerns about being publicly identified.

Why it matters: With the People of New York v. Trump set to be one of the most high-profile and politically charged cases in U.S. history, the conditions for keeping 18 jurors anonymous — and safe — could not be more challenging.

Driving the news: Court reporters have been live-blogging the profiles of prospective jurors all week, including broad physical descriptions, recent employment, where they get their news and where in Manhattan they live.

• Juror No. 2, who was dismissed Thursday, said she was already facing questions from friends and family after basic details — including her work as an oncology nurse and residence on the Upper East Side — circulated online.
• "[A]lthough they are intending to keep the jurors' identities anonymous, it may not be completely possible," Cornell Law professor Valerie Hans, a leading expert on the jury system, told Axios.
• Even in a city of 8.4 million, intense public scrutiny and obsessive online sleuthing — enabled by social media platforms — have made it far easier to narrow down the jury pool than in past celebrity trials.

Trump himself certainly is not doing anything to help matters; in fact, he appears to be the lighting rod surrounding possible intimidation of jurors. Do you think he cares about juror safety? (Don't make me laugh.) Doherty writes:

Zoom in: Trump's constant posting about the case, as well as targeted campaigns by his allies online and in conservative media, have raised significant security concerns.

• Like other networks, Fox News' Jesse Watters aired a segment Tuesday that highlighted extensive details about Juror No. 2, including her neighborhood, occupation, marital and family status.
• "They are catching undercover Liberal Activists lying to the Judge in order to get on the Trump Jury," Trump claimed in a post on Truth Social, quoting Watters.
• Prosecutors cited the post as one of seven alleged violations of Trump's gag order on Thursday.

Between the lines: The simple fact of Trump's presence during jury selection has also had an impact on some jurors.

• "One potential People v. Trump juror became so anxious after laying eyes on Trump she started chewing on the corner of her jury service card," a pool report revealed on Wednesday.

Judge Juan Merchan is taking some extraordinary, and possibly unlawful, measures in an effort to maintain control over a case involving a high-profile defendant who, so far, seems imperious to control. Doherty writes:

The intrigue: Judge Merchan, who is overseeing the New York trial, directed reporters on Thursday not to publish physical descriptions of the jurors.

• "There's a reason why this is an anonymous jury and why we've taken the measures that we have taken," he said after dismissing Juror No. 2. "It kind of defeats the purpose of that when so much information is put out there."
• Merchan last month barred the public release of juror names, but his order allowed legal teams and the defendant to know their identities.
• Some journalists have expressed concerns about Merchan's attempt to block certain reporting about the jurors, arguing that the public has a right to know what's going on inside the courtroom.

The journalists' concerns are valid, and they are driven by the presence of a thuggish defendant who has shown little respect for the rule of law during his time in politics. -- and he somehow has attracted followers who apparently think it is their duty to keep an eye on legal and electoral proceedings and possibly take the law into their own hands. As with just about anything involving Trump, the situation has become toxic, with a possible explosion coming at almost any moment. From the Axios report:

The big picture: The threat of political violence has become an increasingly common theme in the Trump era.

• Judges in Trump-related legal cases have seen a dramatic increase in threats directed at them and members of their family, according to a Reuters analysis.
• Officials from the Fulton County Sheriff's Office investigated online threats against the grand jurors who voted to indict Trump in the Georgia 2020 election case.

The bottom line: "Yeah, I'm worried about their safety," former federal prosecutor Ankush Khardori told CNN earlier this week. "They shouldn't be outed this way. They're not supposed to be outed this way."

Mary Trump sees similarities in the way her uncle, Donald, and Russia's Vladimir Putin view events that they see as not worthy of their time or attention

Mary Trump (right) draws a record-setting audience on The Rachel Maddow Show

 

Mary L. Trump -- psychologist, author, and outspoken critic of her uncle Donald's efforts to reclaim the presidency --  draws parallels between Donald Trump's view of his hush-money  trial in New York  and Vladimir Putin's similar approach to events he sees as not worthy of his interest. She also explains the importance of the hush-money matter, examines the volatile relationship developing between Donald and Judge Juan Mercan, takes an amusing  look at media coverage of the trial, and provides background on the jurors, mostly regular folks, who will help decide the fate of a former president in a historic proceeding.

For good measure, Mary Trump has become a hit on network television, with a record-breaking appearance on MSNBC's The Rachel Maddow Show in July 2020. 

At her widely read Substack page ("The Good in us"), Mary Trump writes under the headline "The Judge Blasts Donald: Five surprises and insights from Day Two":

Donald’s courtroom drama continues. Unprecedented jury selection, and a judge’s stern warning! Dive into the details about seven jurors who hold Donald’s fate and the judge’s unyielding stance against disruptions. Read On! 👇

Become a Supporting Subscriber Now

In yesterday’s piece, I covered what is going through Donald’s mind. Today, I’d like to discuss an important point about how the trial is being covered:

Amid the media frenzy and Donald’s theatrics both inside and outside of the courtroom, I worry that we’re losing sight of the gravity of the crimes for which he’s being charged. It doesn’t help, of course, that the case is being billed as a “hush money” case when there are more important things at stake. It’s crucial to make every effort not to let the spectacle overshadow the seriousness of the proceedings.

At the same time, we all deserve to revel in a little schadenfreude.

Growing up in the Trump family, I had a front-row seat to Donald’s actions and their consequences to other people. Yet it’s only now, in a drab New York City courtroom, that it feels like he’s the one facing the consequences.

The prospect of Donald being forced to sit in a courtroom for eight weeks brings me a sense of relief. It’s good to know, in this one instance anyway, that he’s being treated like any other criminal defendant. This moment has been a long time coming. Here’s hoping there will be much more like this.

(1) Unraveling the threads: the New York case in focus

Courtroom theatrics and the media frenzy aside (there are literally alerts every morning letting us know when the motorcade leaves for and arrives at the courthouse), we should not lose sight of the gravity of the allegations against Donald.

Ron Filipowski, an American criminal-defense attorney, former federal prosecutor, and noted legal analyst on multiple social-media sites, offers a compelling perspective:

“If Stormy Daniels had come out and told what happened two weeks before the election, on the heels of the Access Hollywood tape instead of getting paid off by Trump, the 2016 outcome might have been different. That’s why this is an election-interference trial.”

The alleged payoff to Stormy Daniels was not just a personal matter (paying Stormy Daniels to keep their tryst secret from Melania would not have been illegal). Instead, the transaction was a way to conceal information from Americans and potentially influence the outcome of the 2016 election.

This case is not about Donald’s personal conduct; it’s about his attempt to undermine the democratic process.

(2) The judge blasts Donald and warns him not to intimidate jurors

On Tuesday, after defense counsel Todd Blanche questioned a potential juror about her social-media posts, Donald gestured and said something in her direction. Judge Juan Merchan issued a stern warning to Donald for his audible remarks.

After the woman left the room, Merchan addressed Donald’s lawyer: “While the juror was at a distance of 12 feet from your client, your client was audibly muttering something … I won’t tolerate that.”

It is good to know that, from the outset, the judge has been quick to stomp out Donald’s disruptions.

Also keep in mind that being in this situation, even after only two days, it is nearly intolerable for Donald to sit there quietly. As he continues to hear disparaging comments, as he continues to submit to somebody else’s authority, the pressure will build. In some ways, I think this experience might be worse for him than jail.

Here’s to eight more weeks … at least.

(3) Here is what we know about the the first group of jurors selected:

Juror 1 is a “man who lives in West Harlem and works in sales. He is married, likes to do ‘anything outdoorsy,’ and gets news from The New York Times, Fox News, and MSNBC.”

Juror 2 is “a woman who lives on the Upper East Side and works as an oncology nurse at Memorial Sloan Kettering. She is engaged and likes to spend time with family and friends and take her dog to the park. She gets news from CNN, The New York Times, Google, and Facebook.”

Juror 3 is “a young man who has lived in Chelsea for five years, works as an attorney in corporate law, and likes to hike and run. He gets news from The New York Times, The Wall Street Journal, and Google.”

Juror 4 is a “middle-aged man who lives on the Lower East Side and works in IT training and consulting. He is married with one child and two grandchildren. He said he has ‘no spare time.’ He gets news from the New York Daily News, The New York Times, Google, and X.”

Juror 5 is a “young woman who is a Harlem resident and works as a teacher. She lives with her boyfriend, loves writing, theater, and traveling. She gets news from Google and TikTok and listens to podcasts on relationships and pop culture.”

Juror 6 is “a young woman who lives in Chelsea and works as a software engineer. She gets news from The New York Times, Google, Facebook and TikTok.”

Juror 7 is another white-shoe lawyer. He lives on the Upper East Side and according to court transcripts, “enjoys spending time outdoors and with his children." He gets his news from The New York Times, New York Post, Wall Street Journal, and The Washington Post.

While he has “supported some of Trump's policies as president” he’s disagreed with some. "I don't know the man and I don't have opinions about him personally," he said.

(4) Rachel Maddow humiliates Donald for falling asleep at his trial

During her coverage, Monday night, Rachel Maddow said, “The wheels of justice grind slowly. I did not think they would grind so slowly that they would rock the defendant apparently to sleep.” Maddow reminds us that even in the midst of serious events, there’s room for a little levity.

“I know it’s not the most important legal thing, but we are in the middle of a campaign and the age issue is the main thing the Trump campaign wants to use against his opponent — the whole “Sleepy Joe” thing,” she added. 

“This is the most historic thing that Donald Trump has ever done. No [one has left the Oval office and become] a criminal defendant, and on day one, the headlines coming out of it are that he appeared to doze off. I mean it’s insane … it’s also a reminder that however scary and somber and important this is, we are dealing with someone who is fundamentally buffoonish,” Maddow concluded.

Honorable mention to Chris Hayes who told his colleague, "If you call your opponent ‘Sleepy Joe,’ you have one job.” You know, to not fall asleep in public.

(5) The diplomacy of drowsiness

I was recently reminded of a headline from the 2022 Beijing Olympics and thought it might provide some context for Donald’s apparent fatigue. During the grand opening ceremony, a moment that was meant to be a celebration of global unity, Vladimir Putin seemed to doze off.

This happened just as athletes from Ukraine were marching into the stadium, and the camera panned to Putin who was slumped over in his chair. 

The moment was laden with irony, given the tense relations between Ukraine and Russia. Putin had already built a significant military presence at their shared border, and the threat of invasion was looming. 

Putin’s poorly-timed nap could be interpreted in several ways, but the most obvious interpretation is that Ukraine and its athletes are so beneath his notice that Putin doesn’t feel the need to be conscious in their presence. I see a parallel to Donald’s current situation that could land him in trouble with the judge and the jury once the trial gets under way.

Donald may be tired, he may be medicated, but regardless, what message does it send everybody else in the courtroom that he can’t be bothered to keep his eyes open? How will the engaged and attentive jury feel as they are forced to sit there entirely because of him while he dozes off?

He is absolutely aware of the seriousness of these proceedings, so one can only infer that he has such contempt for them, and the rest of the participants, that he'd rather sleep through it all.

The jury will only see how tired, pitiful, and arrogant he really is — and none of that is going to help him.

Conclusion: How we all wake up from the nightmare of “Sleepy Donald”

Even while trapped in a courtroom, Donald and his presidential campaign are dangerous for America. I refuse to be a silent or passive observer while Donald continues to undermine our democracy.

This is where the power of this newsletter comes into play. I’m committed to shining a light on important stories the corporate media overlooks or downplays , while bringing critical information to swing voters. 

The importance of covering these stories cannot be overstated, especially when the media seems incapable or too inept to do so.

Defending democracy is my full-time job, a mission I can more effectively accomplish with YOUR support. 

Will you join me?

Currently, I have 207,260 free subscribers. If just 5 percent choose to be supporting subscribers for the price of a small coffee, I can extend my reach to even more voters. 

Together, we can help save democracy. 👇

❤️ Become a Supporting Subscriber Now ❤️

Thank you to everybody who becomes a supporting subscriber. I can only do this because of YOUR help. – Mary

If you have any upgrade or tech issues, please see my support page. If you’re already a paid supporter, THANK YOU.

Juan Merchan fails to jail Trump after warning him once about the fallout of disruptive behavior, likely telling Trump that he is dealing with a weak judge

Judge Juan Merchan

 

The judge in  Donald Trump's hush-money trial issued a "stern warning" to the former president yesterday -- on Day 2 of the proceedings -- for, in the judge's mind, attempting to intimidate a prospective juror. The incident raises a number of disturbing questions about the judge's actions, and the most important one is this: Why did the judge issue a "stern warning," given that he already had warned Trump on Day 1 about possible arrest for disruptive behavior.

If Judge Juan Merchan takes these matters seriously, why didn't he throw Trump's fat, doughy, disruptive ass in jail for violating the first warning? Is Trump going to be given, say, 37 chances to disrupt the court  before actually facing the punishment Merchan warned him about. Oh, let me guess, Merchan is going to fine Trump. That is sure to have the self-described billionaire cowering in a corner, especially since fines have proven to have zero deterrence on his behavior. 

Better yet, Merchnn might put Trump on '"Double Secret Probation." That surely will have the kind of effect on Trump that it had on members of the Delta fraternity in Animal House.

With just a handful of words, Merchan personified two unsettling traits of the U.S. "justice system::

(1) We have a two-tiered system of justice in America. A White, wealthy, famous defendant, such as Trump, will receive way more deference than a defendant who has brown skin and only a few dollar bills in his pocket.

(2) Too many judges, both state and federal, are wusses or crooked or both. In the 17 years I've been writing Legal Schnauzer -- and by the way, we have been ranked among the top 50 independent law blogs in North America so our journalism on legal matters has received international recognition --  Mrs. Schnauzer (my wife, Carol) and I have seen dozens of examples of this. Too many judges treat the rule of law like a plaything, and they have zero respect for central provisions of the Bill of Rights -- with a special enmity, it seems, reserved for the Civil War Amendments -- Nos. 13, 14, and 15 -- which guarantee fairly important rights, such as the right to vote, the right to an objective judge, the right to equal protection under the law. and the right not to be enslaved. You might think judges would take such matters seriously, but we know from up-close experience that often does not happen. In a series of upcoming posts, we will expose, with specifics, corrupt and cowardly judges we have encountered from front-row seats. We will show you, in detail, how judges make a mockery of our constitutional and statutory rights.

So what is up with Merchan? Why doesn't he enforce his own warnings? My guess is that he is scared, both of Trump and his MAGA cultists. Given that some MAGAs could actually prove to be dangerous, I would say any concerns Merchan might have are valid. His main concern perhaps is that unhinged MAGAs might roll the trees in his front yard with toilet paper. But I have little doubt some MAGAs could pose a real threat and cause serious harm. In that case, I'd say it's time for Merchan to buckle up and grow a pair. In fact, he might want to contact Dr. Perry Cox, from the TV classic Scrubs, and have him write a prescription for two testicles. They might come in handy during the hush-money trial.

That brings me to another trait I've seen in multiple judges. Many of them seem to enjoy the pomp and perks that come with their positions. But when real courage is called for, they are likely to be found hiding under their desks.  

What happened between Mercan and Trump in a Manhattan courtroom yesterday? The Guardian provides an excellent overview under the headline "Trump rebuked as hush-money trial judge warns against juror intimidation; Juan Merchan admonishes ex-president for ‘gesturing and speaking in the direction of the juror’ as jury selection continues" Victoria Bekiempis writes:

Donald Trump met a stern rebuke on Tuesday from the jurist presiding over his criminal hush-money trial, with the judge warning: “I won’t have any jurors intimidated in this courtroom.”

Trump’s apparent misbehavior did not derail the trial’s progress; seven jurors were picked by day’s end.

Judge Juan Merchan’s comment came shortly after jury selection resumed following lunch. Trump’s team had found video on one possible juror’s social media that appeared to show a street celebration over Trump's loss in the 2020 election.

The prospective juror was called in to answer questions about it, and when she left, Merchan directly addressed Trump’s lawyers. “Your client was audible,” Merchan said, noting that the woman was just 12 ft from Trump.

“It was audible. He was gesturing and he was speaking in the direction of the juror,” Merchan said, insisting he would not accept such behavior.

“I will not have any jurors intimidated in this courtroom,” Merchan admonished. “Take a minute to speak to your client.”

Merchan's line that "he would not accept such behavior" is laughable. Heck, he already has accepted it. by failing to jail Trump for violating his first warning. Yes, Donald Trump should be behind bars right now, and, in my view, he should spend at least a week or more in the clink. My theory is that the longer he spends behind bars the more likely he will be chastened into following the judge's orders. Merchan might not realize it, but Trump is an overgrown toddler, and he never will fall in line if he perceives the judge is limp-wristed about doling out punishment. Here is more from The Guardian.

Merchan’s warning to Trump marked a sharp diversion from what was otherwise a relatively routine jury-selection process.

Trump had arrived at the Manhattan courtroom on Tuesday morning for the second day of jury selection in his historical criminal trial involving hush-money payments to a porn star.

When Trump walked into court around 9.30 a.m, the ex-president winked at a court security officer and took his seat at the defense table, his longtime aide Jason Miller seated at the back of the courtroom, according to a pool report.

On Monday afternoon, of the 96 potential jurors who were asked if they would have trouble being impartial, 50 raised their hands and were excused – further evidence of the challenge facing the judge of finding 12 jurors and six alternates who do not have strong biases either for or against Trump.

The Manhattan district attorney, Alvin Bragg, brought the case against the former president over payments purportedly aimed at keeping secret his alleged affairs with the adult film star Stormy Daniels and the Playboy model Karen McDougall. Prosecutors said Trump schemed to keep these alleged liaisons hidden from American voters so he would not suffer in the 2016 presidential election.

I don't know where Juan Merchan keeps his testicles, but he needs to find them and put them to good use before someone really does get hurt as fallout from this trial. Keeping Donald Trump in line might be an unpleasant task, but it's part of Merchan's job, and so far, he is failing.

Trump nods off in court on Day One of criminal trial, prompting critics to blast him as "old and weak"; one wondered if this could happen in the Situation Room

Donald Trump nods off at Day One of hush-money trial (UK Express)

 

Perhaps the hottest topic on the first day of Donald Trump's hush-money trial was the former president's disheveled appearance. He even was reported to have fallen asleep several times during the proceedings. That gave critics a chance to mock "Sleepy Don" as "old and weak." It also allowed meme artists to have a field day. (See image at the end of this post.)

Perhaps Trump was drowsy because he apparently was awake much of the previous night railing about his legal travails on Truth Social. Whatever the cause, courtroom observers said it presented a bad look. Critics said Trump came away from Day One looking "old and weak." Raw Story expounds on the issue under the headline "'Old and weak': Observers roast Trump for taking 'nap time' at hush-money trial." Brad Reed writes:

Former President Donald Trump reportedly nodded off during the first day of his hush-money trial in New York on Monday, and it didn't take long for his internet critics to pounce.

According to New York Times reporter Maggie Haberman, Trump's head on Monday kept "dropping down" while in court, with his mouth going "slack."

Given all of the jokes Trump has made about his political opponents' stamina over the years, including his decision to label President Joe Biden as "Sleepy Joe" in 2020, many users on Twitter mocked him for not even being able to stay awake at his own criminal trial for a day.

"If Trump is too old and weak to stay awake at his own criminal trial, what do you think will happen in the Situation Room?" asked Pod Save America host Dan Pfeiffer.

"Sleepy Don ... doesn’t have the stamina, the strength, the manhood to endure even a few hours in court," cracked anti-Trump strategist Rick Wilson. "Sad! Weak! Low-T!"

The anti-Trump Lincoln Project, of which Wilson is a cofounder, sarcastically asked, "Where's Mike Lindell when you need him," a reference to the Trump-loving pillow monger who became infamous for spouting false claims about voting machines stealing the 2020 election from Trump.

"Poor baby," joked Twitter user Alison Berkowitz. "Nap time!"

The Twitter account for Republican Voters Against Trump noted the irony of Trump dozing off, given his nickname for Biden. "'Sleepy Joe' is projection, like everything else," they wrote.

David DeWitt, a former court reporter and current editor-in-chief at the Ohio Capital Journal, noted that he "never saw a felony defendant sleep during his criminal trial like Trump apparently is doing."

Twitter user Francis Maxwell, meanwhile, pondered just how the president's staunchest supporters would spin him falling asleep."How long before the MAGA cultists claim Trump was actually deep in prayer as opposed to taking a catnap during his own criminal trial?" he wondered.