Nel's New Day

April 3, 2021

DDT’s Future: Defending Himself in Court

As Deposed Donald Trump (DDT) remains ensconced at Mar-a-Lago permitting favored ones into his presence, his advisers grow increasingly concerned about the immense buildup of legal investigations and filings. Yet loyalists must tell him he will probably remain safe from lawsuits emanating from his incitement of violence at the U.S. Capitol on January 6.

Last week, two Capitol Police officers injured on January 6 while engaged in hand-to-hand combat are suing DDT for inciting his supporters who mobbed the Capitol to stop the Electoral College election of President Joe Biden. Officers James Blassingame and Sidney Hemby assert DDT has the direct responsibility for the insurrection because of his call to riot. Blassingame describes how rioters slammed him into a stone column while shouting racial slurs. Hemby, who was also sprayed with a chemical spray, said his hand and knee injuries still require medical care two months later. Both men suffer emotional trauma. DDT has tried to rework stories of January 6 by calling it a peaceful assembly with “zero threat.”

After breaking free of the crowd, Blassingame helped House members evacuate to a committee room and stayed among the maskless people until 7:30 pm. Hemby couldn’t get medical assistance until 9:00 pm. Part of the lawsuit uses speeches by GOP congressional members such as Rep. Liz Cheney (R-WY) and former Senate Majority Leader Mitch McConnell (R-CA) who stated DDT could be legally liable for inciting the riot.  

Their suit follows ones by Reps. Bennie Thompson (D-MS) and Eric Swalwell (D-CA). Another political case against DDT filed in late December accuses DDT and the Republican National Committee of conspiring to violate the rights of Black voters. The case asks the judge to not only stop them from any further actions to overturn or undermine the 2020 election but also issue an order forcing them to obtain court approval for demands of recounts or participation in future “post-election activities.” In January 2018, a federal judge in New Jersey lifted the 1982 court-monitored settlement banning the RNC from “ballot security” activities based on the “racial or ethnic composition” of a specific community. In that agreement, the RNC agreed it had tried to intimidate, threaten, and disenfranchise voters through voter roll purges and by paying police officers to patrol polling sites in predominantly Black and Latino areas under the pretense of preventing election fraud.

This lawsuit expands a November case that the NAACP Legal Defense and Educational Fund (LDF) filed in federal court in Washington, DC, against DDT and his campaign for deliberately focusing fraud accusations on cities with large Black populations, including Atlanta, Detroit, Milwaukee, and Philadelphia. These claims were brought under the federal Voting Rights Act and the Ku Klux Klan Act.

The Fulton County (GA) DA, Fani Willis, is pursuing an investigation into DDT’s election fraud through his telephone calls begging officials, including Secretary of State Brad Raffensperger, to cheat on counting votes from the 2020 general election in DDT’s favor. Willis is putting together an investigative team, and two grand juries are underway, close to making subpoena demands for documents and recordings. She’s searching for three more lawyers and another investigator.

DDT’s Supreme Court justices, who were appointed to return him to the White House, have rejected the last of three cases to challenge his election loss, the one about absentee ballots in Wisconsin. The other two were about Wisconsin and Pennsylvania. Another rejected case asking justices to block the January 5 Senate runoff elections in Georgia was filed by DDT’s loyalist Lin Wood. Democrats won both these elections bringing their total to 50 members.

Wisconsin’s Democratic Gov. Tony Evers is going to court for over $250,000 from DDT that the state paid to defend the popular vote against his attempt to overturn the vote so he could return to the White House. The request for an order states DDT and his attorneys brought their two lawsuits “in bad faith.”

A New York appeals court is permitting a defamation lawsuit by former Apprentice contestant Summer Zervos against DDT because he is no longer in the White House. DDT denied her allegations about sexually assaulting her in 2007, and Zervos wants to depose DDT as part of her lawsuit. She is one of two women suing him for defamation. 

Three cases against DDT are being prosecuted by Roberta Kaplan, well-known for the Supreme Court case U.S. v. Windsor regarding legalized marriage equality. Kaplan is filing civil suits for defamation, fraud, and more fraud against DDT by his niece Mary Trump and writer E. Jean Carroll. DDT had claimed Carroll was lying about his raping her, and Trump’s case is about DDT and two of his siblings depriving her of an inheritance worth millions by lying about the worth of his father’s estate. Kaplan’s third case concerns the relationship of DDT and his three oldest children with a purported pyramid scheme by ACN.

DDT’s biggest problem may come from the New York criminal probe into his business affairs. Prosecutors are examining millions of pages recently acquired in a search for witnesses who can explain these to a jury. The next step is issuing subpoenas regarding the investigation into DDT’s reduction of his tax liabilities by lying about property values. Financial records about DDT’s Chicago skyscraper and his Seven Springs estate in Westchester County (NY) have been subpoenaed. In addition to possible criminal charges filed by Manhattan District Attorney Cyrus Vance Jr., New York Attorney General Letitia James may file civil charges.

A judge has voided DDT’s non-disclosure agreement (NDA) with Jessica Denson, his former Latinx outreach director, ruling it too vague and broad to enforce under New York’s contract law. Although the decision applies only to Denson’s NDA, the same ruling may be possible for all DDT’s NDAs. The judge described the scope of the NDA as “unlimited,” that “campaign employees are not free to speak about anything concerning the Campaign.” The broadness makes the NDA “not reasonable.” Earlier, a campaign arbitrator issued a $50,000 award against Denson for violating the NDA, but it was overturned. Denson believes the NDAs blocked criticism about DDT for the past six years. 

DDT typically required the same secrecy of his companies’ employees and staff before he followed the same practice in his campaign and the White House. First Amendment experts warned him public employees could not constitutionally be forced to swear an oath of secrecy. Last year, DDT’s DOJ used an NDA to file a lawsuit against Stephanie Winston Wolkoff, a former volunteer adviser to first lady Melania Trump, over Winston Wolkoff’s tell-all book. The suit was dropped days after Biden’s inauguration.

While in the White House, DDT and his top officials indulged themselves in shady deals now coming into the light. They fought key oversight investigations conducted by government watchdogs in at least nine different cases. A high profile one concluded Elaine Chao, wife of Senate Minority Leader Mitch McConnell (R-KY), abused her position as Transportation Secretary for personal reasons such as helping a family business. In another one, a White House physician, retired Navy rear admiral Ronny Jackson who raved about DDT’s superb health, abused substances while on the job and created a toxic work environment for his staff. 

The revelations can have no consequences because Chao resigned her position after the Electoral College determined Biden as president. Jackson has been elected as a U.S. representative from Texas.

Investigators described almost impossible obstructions: DDT’s attorneys made internal communications off limits because of their confidential nature and demanded to be present at witness interviews. Information was released either extremely slowly or not at all, preventing the ability to assess and correct internal problems in real time. DDT’s ultimate solution to investigations was to fire internal investigators.

Future releases of investigations may be the White House blocking delivery of Puerto Rico’s financial aid after Hurricane Maria and the Commerce Department’s attempt to add a citizenship question to the U.S. census. The Pentagon is also looking into the $400 million border-wall contract DT wanted to award to a subpar North Dakota construction company. The General Services Administration inspector general is conducting a sweeping review of responses to the coronavirus from several different federal agencies. 

Congress will now have the ability to examine records from DDT’s term, blocked from them during the past four years. The Presidential Records Act (PRA) allows former presidents to restrict access to their records for 12 years, but an exception permits release of records to Congress or “any committee or subcommittee thereof if such records contain information that is needed for the conduct of its business and that is not otherwise available.” These can include DDT’s blackmail in Ukraine, Michael Flynn’s lies to the FBI, the January 6 attempted insurrection, White House visitor logs, DDT’s phone logs, and other abuses of power. In the past, Democrats could not get records from the archives, which released them only to the majority party. Democrats now are the majority although they may suffer some delays. DDT can cite privilege, but Biden must uphold his claims. In filing lawsuits, DDT no longer has the support of the Department of Justice and must fund the lawsuits himself with personal lawsuits.

The import of the business lawsuits is beginning to sink into Eric Trump’s perception as shown by his meltdown on the Fox network. He was close to tears when he talked about what his family was facing.

Defending himself from defamation, fraud, and corruption. That is the future of the man who spent the last four years ruling from the White House and now hides in Florida.

February 23, 2021

DDT’s Lawsuits ‘the Rest of My Life’

With Deposed Donald Trump (DDT) out of Washington, the U.S. Supreme Court may stay out of his legal messes—at least for now. On Monday, the justices’ refused to block a lower court giving DDT’s financial records and tax returns, both personal and corporate, to New York City prosecutors. The grand jury will have eight years of tax returns, 2011-2018, for a grand jury investigation, and last July, the high court ruled 7-2 against DDT’s claim he was immune from prosecution while still in the Oval Office. Chief Justice John Roberts wrote for the majority:

“No citizen, not even the president, is categorically above the common duty to produce evidence when called upon in a criminal proceeding.”

This decision not to hear the appeals court case frees Manhattan DA Cy Vance to continue his criminal probe. Michael Cohen, DDT’s former personal lawyer, has claimed the Trump Organization committed insurance fraud, avoided taxes, and jacked up loan collateral by manipulating real estate valuations. New York state AG Letitia James is pursuing the same information for a civil probe. DDT’s accounting firm, Mazars USA, and his bank, Deutsche Bank, said in the past they will release the information if subpoenaed.

Vance recently issued another dozen subpoenas for the investigation, including one for Ladder Capital Finance, one of DDT’s major creditors for commercial real estate holdings. DDT’s $160 million interest-only mortgage with Ladder on Trump Tower comes due in 18 months.  

Taking part in the inquiry is Mark Pomerantz, who both prosecuted and defended mob figures.

In another New York case, Manhattan prosecutors subpoenaed documents from an engineer working on the Trump-owned 200-acre Seven Springs Estate in Westchester County. In the past decade, DDT’s valuation of the property, purchased in 1995 for $7.5 million, ranged from $25 million to $291 million. In 2014, he deducted $2.2 million in taxes by claiming it as an investment property and then claimed a $21.1 million tax deduction for donating a conservation easement for 2015, not “reflected on applicable tax returns.” DDT tried to build a golf course on the property, but quit after local opposition, and then considered a development with 15 mansions.

DDT’s returns may not be public unless they lead to criminal charges. In that case, the documents could be evidence, allowing them to be public. If those charges lead to conviction, DDT can’t escape it with a pardon, even a secret blanket one he might have made before he left the Oval Office, because it’s a state, not a federal, charge.

In another rejection of DDT, SCOTUS refused to consider cases out of Pennsylvania to block a deadline for absentee ballots three days after Election Day which were postmarked by Election Day in cases from a legislator and from DDT to block Pennsylvania’s certification of election results. The disposition of absentee ballots either way would not have affected President Joe Biden’s win in the state.

Thanks to Fulton County (GA) DA Fani Willis, DDT may also face RICO, an anti-racketeering law to prosecute the mob, in trying to change Georgia’s majority to favor himself. Willis successfully used the Georgia Racketeer Influenced and Corrupt Organizations Act in a case against Atlanta teachers accused of organized cheating by falsifying student standardized scores to improve schools’ standing. Former Georgia public defender Ryan Locke said RICO is used “in a case where someone commits a number of crimes that all lead toward one common corrupt aim.” RICO can be used for using a legal entity, i.e., a government agency or public office, to break the law.

More fallout has come from 60+ frivolous lawsuits claiming, with no evidence, fraud in the 2020 presidential election. Both public officials and private companies want to hold DDT and his GQP (Grand QAnon Party) allies accountable for the rhetoric causing insurrection at the Capitol on January 6. Federal rules prohibit lawyer participation in frivolous suits or use of litigation for such improper purposes as to delay or harass. Laws prevent attorneys from lying in court. Judicial sanctions to discourage bad practices could be monetary penalties or references to disciplinary action.

Michigan and Detroit asked a federal judge to sanction attorneys filing lawsuits falsely alleging fraud in the election. Al Schmidt, GOP Philadelphia City Commissioner facing threats with falsehoods about fraud in vote counting, asks for reconciliation. “Moving on isn’t enough,” he said. Last Friday, a federal judge in D.C. referred a lawyer for possible disciplinary action.

In Wisconsin, lawyers representing the state council of the Service Employees International Union requested a criminal investigation about ten false Wisconsin electors who secretly met at the state Capitol in an attempt to appoint themselves electoral voters for DDT. On the same day Wisconsin convened electoral representatives representing the state’s voters, the illegitimate group signed fake certificates of election with DDT’s name and sent them to federal and state officials. The six laws possibly broken include forgery and falsely assuming the role of public officer.

In New York, Stephen Gillers, a NYU law school professor, helped draft a complaint to investigate DDT’s lawyer Rudy Giuliani’s conduct and possibly revoke his license to practice law in the state. State rules prohibit lawyers from “conduct that adversely reflects on the lawyer’s fitness as a lawyer.” A court can suspend the lawyer’s license on an interim basis while the disciplinary process is being resolved, sometimes three to four years.

Rep. Bennie Thompson (D-MI), chair of the House Homeland Security Committee, is suing DDT, Giuliani, and members of two extremist groups, the Oath Keepers and the Proud Boys, on the basis of the 1871 Ku Klux Klan law banning violent interference in congressional duties. His representation, NAACP, said other congressional members may join.

Two election technology companies filed multibillion-dollar defamation suits against DDT’s allies for telling lies about the software and equipment. Dominion Voting Systems, with $1.3 billion defamation lawsuits against lawyers Giuliani and Sidney Powell, has a new $1.3 billion suit against the MyPillow CEO Mike Lindell. Dominion claims Powell has been evading service of its suit. Smartmatic’s lawsuits have forced conservative media into reversing its lies.

While DDT prepares for his first speech since leaving Washington for Mar-a-Lago, possibly to announce his presidential candidacy in 2024, he fears he will be sued for the rest of his life—sort of like his life before the White House. A few non-political cases:

Former journalist E. Jean Carroll’s lawsuit is still active. After the statute of limitations for rape expired, she is suing DDT for defamation because he said she lied about a rape in a New York department store. Former AG Bill Barr tried to move the case from state to federal court and assign DOJ lawyers to defend DDT, but the new administration dropped that effort.

A one-time contestant on DDT’s former TV reality show The Apprentice, Summer Zervos, has requested a continuation of her suit now that DDT, presently a private citizen, no longer has protection from a deposition regarding alleged sexual assault.

MSNBC host Joe Scarborough, once a close friend of DDT who advised him for his campaign, is considering a lawsuit because DDT repeated—and falsely—called Scarborough a murderer.

DDT may be in financial trouble despite grifting throughout four years in the White House. Vornado Realty Trust, owning 70 percent of two first-class commercial buildings in New York and San Francisco, may force DDT to sell his 30 percent stake at a discount. With control over DDT’s cash flow, Vornado can withhold money from DDT, who desperately needs the funds to pay for his loan. After a decade, DDT has owned a share worth $784 million with a $285 million share of the debt. Almost $400 million in DDT’s debt partially backed by Trump International Hotel (Washington, D.C.) and the Trump National Doral Golf Resort (Miami) comes due in 2023. Without money to maintain the facilities in good shape, he loses the ability to attract future business.

Since DDT left the White House, members are leaving Mar-a-Lago because of bad food and a depressing atmosphere, lacking even entertainment. Calling DDT an “employee,” however, Palm Beach allows DDT to live at Mar-a-Lago, despite his agreement in 1993 to not stay there for longer than seven days at a time and only three times a year. Neighbors still oppose his residence there.

DDT lost over $120 million in revenue last year, according to his financial disclosure forms, the worst losses at his D.C. hotel, down over 60 percent, and Doral Resort, dropping 44 percent. Revenue amounts for 47 companies declined over 35 percent, and banks and law firms are cutting ties with DDT’s businesses. Gone are three of four banks with DDT’s largest deposits. Even a small event like the triathlon at DDT’s golf course outside Charlotte canceled when the January 6 Capitol attack caused sponsors and vendors to drop out. The event’s founder had canceled another event almost four years after DDT’s comment about “very fine people” among white supremacists,  but he came back to lose again.

And DDT’s supporters think he’s a good businessman.

February 10, 2021

Impeachment Day Two, Horrifying Images

The U.S. House continued its part in the second impeachment of Deposed Donald Trump (DDT) on Wednesday with startling new revelations about how close congressional members and staffers in the Capitol came to physically being attacked by the mob on January 6. The case is based on DDT calling people to come to Washington, D.C. on January 6 to block the peaceful counting of votes for the president with his continued claims the election of Joe Biden as U.S. president was rigged. Once his supporters arrived, as DDT told them to do, he ordered them to go to the Capitol and stop the reading of the votes, to “fight” for their country.

DDT has refused to be a witness at the trial, but the presentation of a great number of tweets and videos starring him are front and center, making him a defacto witness in the Democratic prosecution. After Democrats spend one more day defining DDT as “inciter in chief,” the Senate can vote on whether either side will request actual witnesses.

Amidst the newly-released terrifying videos showing how close congressional members and their staffers were to being physically attacked and possibly killed, one of the House Democratic presenters talked about DDT’s order for his violent supporters to go from his rally at the Ellipse south of the White House, where people had a permit to be, and go to the Capitol.  

The rally was a big show, orchestrated by DDT who helped organize the speaking lineup and the music, but the permit for the event included no march. Another rally in Freedom Plaza also specified no march was authorized. After DDT got involved in the rally, the permit included an “activity overview” mentioning movement between the two sites. At his rally, DDT announced the march:

“We have come to demand that Congress do the right thing and only count the electors who have been lawfully slated, lawfully slated. I know that everyone here will soon be marching over to the Capitol building to peacefully and patriotically make your voices heard.”

The organizer of the original speaking line-up before DDT involved himself, Dustin Stockton, said the plan was “to stay at the Ellipse until the counting of state electoral slates was completed.”

In another revelation, DDT’s tweet attacking VP Mike Pence was posted ten minutes after DDT learned Pence was removed from the Senate floor to save him from DDT’s mob. Sen. Tommy Tuberville (R-AL) had told DDT about the Pence’s danger when DDT called Tuberville to delay the counting of votes. DDT tweeted:

“Mike Pence didn’t have the courage to do what should have been done to protect our Country and our Constitution.”

Outside the Capitol, the mob built a gallows; inside the mob chanted, “Hang Mike Pence.” At one point, violent mob members were only a few yards away from Pence.

DDT’s campaign and joint fundraising committee provided at least $3.5 million directly to people and organizations participating in the January 6 demonstration, and name of at least three people and a firm paid by DDT’s campaign were on the permits.

Andy Kroll compared DDT’s impeachment trial strategy to QAnon conspiracy theories:

“It is admitted that after the November election, the 45th President exercised his First Amendment right under the Constitution to express his belief that the election results were suspect, since with very few exceptions, under the convenient guise of Covid-19 pandemic ‘safeguards’ states election laws and procedures were changed by local politicians or judges without the necessary approvals from state legislatures. Insufficient evidence exists upon which a reasonable jurist could conclude that the 45th President’s statements were accurate or not, and he therefore denies they were false.”

Because of insufficient evidence to disprove DDT’s unsupported claims about a stolen election, his claims must be true–according to his supporters. DDT and his allies lost more than 60 lawsuits in state and federal courts while winning one minor one. Judges and elected officials from both parties dismissed fraud or corruption. DDT’s own appointee, Judge Stephanos Bibas, wrote, “Calling an election unfair does not make it so. Charges require specific  allegations and then proof. We have neither here.”

Like other conspiracy theorists, DDT claims if one cannot fully disprove repeated claims, one cannot say they’re false. Joe Uscinski, a University of Miami associate professor and expert on conspiracy theories, calls his approach the classic defense of the conspiracy theorist. President Obama’s birth certificate never satisfied “birthers” who believed he wasn’t born in the U.S. Conspiracy theorists always claim that denials are tantamount to coverups. Inability to disprove a negative makes people believe their beliefs are true. A prime example: how do you prove Iraq had no weapons of mass destruction if you can’t find any weapons? Some people still believe the weapons existed because no one found them.

The Coup D’etat Project at the University of Illinois’ Cline Center for Advanced Social Research determined the events of January 6 are an “attempted coup d’état [by dissidents]: an organized, illegal attempt to intervene in the presidential transition by displacing the power of the Congress to certify the election.” The center defines “dissidents” as a “small group of discontents that can include former government officials, religious leaders, business owners or civilians.” Coup is a shortened version of “coup d’etat,” a French term that meaning the overthrow of the government beyond the bounds of legality. In 2013, the Cline Center defined a coup d’état as “the sudden and irregular (i.e., illegal or extra-legal) removal, or displacement, of the executive authority of an independent government.”

The three categories of coups:

  • Coup conspiracies: planned but thwarted before they start.
  • Attempted coup: actions taken but unsuccessful.
  • Successful coup – those achieving its goals.

The project’s database includes 426 realized coups, 336 coup attempts, and 181 coup conspiracies with the event on January 6 being an attempted coup. This one is only the second entry in the U.S., the first being a conspiracy in 1948 when members of the Communist Party planned to violently overthrow the U.S. government.

Three characteristics of the January 6 attempted coup:

  • One or more persons posing a credible threat to the legislative power to determine national policy: safety concerns from thousands of people advancing on the Capitol forced lawmakers to stop conducting constitutionally mandated business to be evacuated from the building.
  • Attackers trying to change who controls the government: the focus of “The ‘Save America March’ rally immediately before the attack was changing the results of the 2020 presidential election.
  • Elements of advance organization before the attack: one or more groups “carefully planned, equipped, and organized themselves for violent action.”

If other revelations encompass sitting government officials, the event would be an attempted auto-coup, defined by when “the incumbent chief executive uses illegal or extra-legal means to assume extraordinary powers, seize the power of other branches of government, or render powerless other components of the government such as the legislature or judiciary.”

Much has been said about the pathetic performance of DDT’s first defense lawyer, Bruce Castor, on Day One of the second impeachment trial. Conservative pundit Matthew Walther, however, made these comments about the second speaker:

“The main event from David Schoen was a rant about ‘cancel culture.’ He screamed about due process and insisted that his client, who has refused to take part in the proceedings, deserved the right to be there. He contradicted his partner by invoking the rights of accused persons in the British legal tradition. He used the phrase ‘insatiable lust.’ He insisted that by speeding up the trial process, Democrats were violating some deep but unwritten principles of the same common law that are supposed to be irrelevant here, albeit without noting that the timeline was accelerated with the cooperation of the Senate Republicans who will be voting to acquit Trump. He ended with a poem by Longfellow.”

Unfortunately, too, Schoen read Longfellow’s poem very badly. Walther wrote:

“Trump would have been better served having the My Pillow guy give a two-hour infomercial or having Ted Nugent perform ‘Wang Dang Sweet Poontang’ live on the Senate floor.”

In another backlash from DDT’s long series election lies and misuse of his power, the recently-elected Fulton County (GA) Fani Willis DA has started a criminal probe into DDT’s attempts to overturn the election in that state with grand jury subpoenas to be sent out as soon as March. The investigation comes from DDT’s January 2 conference call to Georgia’s Secretary of State Brad Raffensperger when DDT badgered the official into finding 11,780 more votes for him. He wanted to be the winner of the state’s election, but the change would have made no difference in the U.S. presidential election selecting Joe Biden. The complete call was taped, and Raffensperger’s office has its own inquiry, possibly leading to a referral to a prosecutor’s office. DDT had already called Georgia’s GP governor, Brian Kemp, pressuring him to call a special legislative session to flip DDT’s loss to a victory. DDT’s spokesperson Jason Miller claimed that a president’s call to demand more evidence-free votes from state officials  is not “improper or untoward.”

Because of the aftermath of DDT’s long-term mishandling of the COVID-19 disaster, 6,700 people have died from the virus since the impeachment trial began. 

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