Trump & Tuberville, Pay Attention – Your Pal Putin Is the Problem

“Under Crooked Joe Biden, the world is in flames, our border is overrun,
inflation is raging, Europe is in total chaos, the Middle East is exploding,
Iran is emboldened, China is on the march, and the worst, most incompetent,
most corrupt president in history is going to drag us into World War III.”
Donald Trump, at a Racine, Wisconsin MAGA rally
June 18, 2024

Donald Trump, Shut Up!

If anything presently on the horizon could ignite a “WWIII” it’s Putin’s invasion of Ukraine, an obvious observation unobserved in Trump’s quote above. If Trump is truly concerned about a worldwide conflict, and not just fear mongering, then a solution to the Ukrainian-Russian war is essential. In that vein, Trump might consider calling for (1) a Russian withdrawal, (2) a Ukrainian surrender, (3) meaningful peace talks, or (4) at the least, a ceasefire. After all, the task would be a snap. He brags about how one phone call to Putin and Zelensky would lead directly to a satisfactory ending based on (Trump’s idea) Ukraine simply surrendering half of its country. Because why? Zelensky will listen to him attentively because . . . Trump’s big brain. As for Putin, he’s a buddy and totally respects Trump’s, well, his big brain. Didn’t Vlad express that respect and bonhomie in 2023?

“We surely hear that Mr. Trump says he will resolve all burning issues within several days, including the Ukrainian crisis. We cannot help but feel happy about it.” Vladimir Putin remark at the Eastern Economic Forum in Vladivostok, Russia, September 2023.

At the time, Trump – stupidly interpreting Putin’s cheekily ironic statement as something more than a glaringly obvious insult – jumped in with both paws, “I like that he said that, because that means what I’m saying is right. I would get him into a room. I’d get Zelensky into a room. Then I’d bring them together. And I’d have a deal worked out.” Zip, zap, zop. Just like that. After all, it’s essentially a real estate deal. Irony aside, in fact, Trump’s magical thinking, hyperbolic personality, and sense of omnipotence are dangerous threats to Ukraine’s survival, and if one needs a WWIII scenario, to the world’s survival.

And then there’s Tommy Tuberville . . .

Tommy Tuberville, Shut Up!

On another madcap front in the MAGA universe, the one where Putin is a good guy, Alabama Senator Tommy Tuberville threw in on this topic a few weeks ago. Appearing on the soon-to-be jailbird Steve Bannon’s War Room podcast, Tuberville, the nation’s stupidest senator, after referring to Volodymyr Zelensky as a “dictator,” spewed forth:

Of course, Tuberville is right that Russia doesn’t want “United States weapons in Ukraine pointing at Moscow.” Nonetheless, we can be safe in assuming that Putin knows he already has U.S. weapons pointed at him within Europe. As of April 2024, the United States had the largest number of active military personnel in NATO countries, with almost 1.33 million troops and their accompanying accoutrements like artillery, tanks, and other unpleasant things. Moreover, we have approximately 100 tactical nuclear weapons in NATO countries. And, of course, there are American “weapons pointed at him” in Ukraine because Putin invaded Ukraine, some billions of dollars worth soon to be supplemented by F-16 fighter jets. So, if Putin really doesn’t want weapons in Europe pointed at Moscow, then stop being such a juvenile delinquent; start that transformation by getting the hell out of Ukraine!

Putin desires and needs a geographical border, one that can threaten NATO, and provide an economic influx to aid Russia’s lagging economy. Economic theft was among Putin’s reasons for invading Ukraine, especially when he believed he would achieve an easy victory. Lacking that he seems stuck there for the long haul, between a rock and a hard place. Certainly, Ukraine can provide a significant economic input, for example, in 2014, he stole Crimea and grabbed its famous port city Sevastopol, a prize for his fleet. And certainly, should he own all Ukraine, his defense from NATO would be vastly strengthened, especially since, as a part of Russia, Ukraine would therefore never be a NATO country. In a strong sense, it is all about land, and wanting more, Senator Tuberville.

Trump’s Giant Brain Isn’t Up to the Task

Nevertheless, we ought to be wary of viewing Ukraine as simply a land grab by an empire-hungry Vladimir Putin. Certainly, that is a motivation; I believe his (very) long-term aim is to reform the soviet boundaries. That may, in fact, have been his initial objective, a beginning of the rebirth of a new Russian empire, modeled after the Soviet Union. If so, his failure to quickly defeat all of Ukraine has consequences, both militarily and macroeconomically, both strategically and tactically, both long term and short term. All this is a huge setback to his grand design.

Given the staggering human costs of the nearly two-year war thus far, one can see that Putin’s unmoved by the demand that he withdraw, and he will likely continue in this vein. Human and economic costs, it’s well known, are mammoth, and if the war – win, lose, or draw – were to end tomorrow, long term Russian macroeconomic costs in GDP terms are a huge concern, and these costs unabated by a swift victory, have already injured the welfare of the Russian people (an ongoing internally destabilizing event).

In December 2023, RAND Corporation reported, “As of September 2022, researchers estimated military costs reached $40 billion. Full-year 2022 gross domestic product losses amounted to between $81 billion and $104 billion and full-year financial capital destruction reached $322 billion. Direct military spending may amount to almost $132 billion through 2024.” Statista, on May 3, 2024, reported that Russia’s GDP dropped from $2.27 trillion (2022) to $1.99 trillion for 2023, a ten percent decline accounted for by both Ukraine invasion sanctions and war costs. That’s a very meaningful drop, and Russia, literally, cannot afford it given its lack of export product diversity and the many economic sanctions in place.

Of course, as far as the victim, Ukraine, is concerned, its costs are staggering, both ongoing and long term. Its 2021 its GDP dropped from $200 billion to $160 billion for 2022, a 20% decrease. It’s 2023 GDP, perhaps counterintuitively, increased due to a better harvest, additional government spending, increased defense spending, and improved electricity access (yet, recently, Russia has increased its targeting of Ukraine’s electricity infrastructure). Moreover, according to the Congressional Research Service (CRS), not surprisingly, “Ukraine, however, remains dependent on foreign assistance. According to the [International Monetary Fund] IMF, Ukraine requires in 2023 $3-4 billion in monthly financial assistance from international partners, including the [International Finance Institutions] IFIs, to maintain necessary government functions amidst the ongoing conflict. . . Other programs including the World Bank’s multi donor trust fund (MDTF) which facilitates channeling grant resources from donors. The United States is the largest donor to the MDTF, contributing $10.3 billion. Other donors are Germany ($50 million), Spain ($48 million), Finland ($21 million), Switzerland ($10.5 million), Belgium ($3 million), and Iceland ($1 million).” Foreign assistance enthusiasm may wane in a forever war, and already has in the U.S. given the GOP/MAGA warlike resistance to aiding Ukraine.

Moreover, for both combatants and the world economy, in the end, who will bear the costs of rebuilding a post-war Ukraine? Thus far, as of December 2023, the World Bank Group estimates reconstruction costs at $486 billion over the next ten years. Should Russia prevail or lose, those costs, in a legal and moral sense, ought fall to Russia, yet, if those costs continue for an extended time and reach a trillion dollars or more, Ukraine’s reconstruction will be a worldwide economic challenge, since a trillion dollars is roughly one-half Russia’s present GDP, an unsustainable drag on its economy. In any event, even should major financial institutions, countries, and non governmental organizations like the World Bank chip in, Russia’s economy will be facing large reconstruction costs that will stymie its GDP growth for an extended period. As we say, “It’s the economy, stupid!” and, despite its grievous fault, Russia cannot be allowed to sink into an economic depression, that would be destabilizing on a grand scale, i.e., a cornered bear, an existential threat to Russia, and, thereby, a certifiable World War III scenario.

So, in the end, if Trump does seek to avoid World War III, the war he accused Biden of courting, then his efforts ought to be directed at something he’s intellectually and constitutionally incapable of, for example, sensible solutions. But we know him, his diplomatic skills begin and end in this, “I would get him into a room. I’d get Zelensky into a room. Then I’d bring them together. And I’d have a deal worked out.” That is simply preposterous, the blathering of a dangerous psychopath with no conception of consequences.

Trump’s Media Company Stock (DJT) Swan Dive – MAGA Investors Hit Hard Since NY Election Fraud Convictions

Today, Donald Trump’s media company stock (DJT) continued its two week long swan dive which took on steam May 30, the day after his 34 felony convictions for NY election fraud. From that day until today at market close, DJT gave up 50% of its value to shareholders, all within 16 trading days. That’s a collapse by most anyone’s standards. The last two days were so-called high volume days where huge numbers of shares are traded as opposed to the average trend. Often, traders interpret high volume in a short time period during a stock’s downward trend, like DJT, as a “capitulation,” in other words, a signal that in the days ahead DJT may recover a portion of its losses. Nonetheless, the loss of value is considerable from May 30 through today, considerable for shareholders who sold, including Trump himself who owns more than 58% of outstanding stock, or 115 shares, which fell from approximately $5+ billion to $2.8 billion, and due to a lockup provision, described below, he was unable to sell a single share to stem the tide.

As opposed to this sour financial market news, let’s recall that Trump campaign staff, on the political side insist the 34 criminal convictions help him with his supporters who apparently consider crime to be a major task of a president. They have insisted this with every Trump foray into the legal landscape, from accusations to indictments to civil judgments to gag orders to criminal convictions. Each is a new diamond in his crown. (Their post-conviction euphoria about Trump’s election fraud trial may be misplaced with recent polls showing, for example, independent voters shying away from Trump due to his May 30 convictions.)

One trend, though, they cannot deny is the rapid decline of DJT stock post-conviction. One cause-effect test includes a proximity requirement that the effect occur close to the time of the cause. The swoon in DJT stock began precisely the morning after the jury brought in its verdict, and has continued unabated since then.


While one can’t blame Trump’s convictions entirely for DJT’s collapse, it surely was the match that lit the fire. One of those other factors was disclosed recently: Trump may disavow a promise to post his messages on Truth Social first. That now questionable promise had been an important reason that investors, well, invested. Three days ago the company said in an amended registration statement:

Be Not Somebody’s Pigeon

Anyone who knows anything about Trump’s business acumen and general honesty, and lack thereof, should have known that caution was uppermost; I grew up quite near New York City and followed his misadventures closely. For those investors unaware of the myth of Trump who did the slightest amount of due diligence before investing in DJT, by simply googling “Trump businessman” ought to have avoided DJT like the plague (unless, of course, one is a high flying stock picker or institutional investor looking for MAGA pigeons to feast on by shorting the stock). Call me prone to schadenfreude (go ahead!).

This big decline in DJT in the wake of the long standing MAGA investors’ excitement and confidence based primarily on viewing DJT as a stand-in for the Donald himself rather than as an investment in their and their families’ futures. The MAGA investors’ group felt like business partners! Trump, of course, knew they’d prove to be the perfect pigeons for swallowing his financial hyperbole and outrageous lies. (I’ve reported on DJT stock and outlined the problems and risks posed by DJT, see a list at the the bottom of this post.)

Schadenfreude aside, the pity is that most MAGA DJT-investing fanatics were rendered almost wholly uneducated by their state education system, particularly K-12. They support the MAGA governors, school boards, state education departments, and the GOP/MAGA legislatures that have caused this for decades. As for DJT, the evil black swan, being almost wholly uneducated himself, he glamorizes low educational levels – “I love the poorly educated!” Of course.

Trump envisions DJT as a proxy super PAC, a source of cash for personal use, campaign funds, and legal fees. Note, however, that according to the prospectus “lockdown” provision, and other SEC filing documents, Trump and other major shareholders are prohibited from, for example, selling or taking out loans against DJT stock until September 2024. Note, again, though, that a simple vote by the board is sufficient to suspend that prohibition. So, in effect, the September lockdown date is not binding, especially given who the board members are, namely, Donald Trump, Jr., Kash Patel, David Nunes, and other similar rubber stamps. If Trump exercises his ability to purchase stock after the September lockdown period, within a month of election day, to, for example, pay for an advertisement blitzkrieg, his stock sales then could cause another swan dive since he’d likely sell large amounts of DJT thus undermining DJT’s value. That would again injure MAGA investors.

Tithing for Trump!

Nevertheless, MAGAites who hold DJT stock are cult members who, I propose, view their DJT investment as a tithe, common in actual church denominations throughout the world. So, in that spirit, they’ve invested in Pastor Trump, and support his message of a bright MAGA tomorrow. It’s far less a financial investment than a spiritual one. Despite what I suggest above, they may be reticent to dump their stock during swan dive periods. That, to them, would be something of a sacrilege, an insult to Trump and to God who supports him. How much DJT stock does God own? If, as I hinted above this swan dive “capitulation” volume the last two trading days is but a prelude to a recovery rise in DJT, then apparently God is a major investor . . . stay tuned to CNBC.

__________________________________

Below are links to my other DJT posts:

BREAKING – American Flag Files Suit Against Donald Trump for Sexual Assault

“It’s bad enough being flown upside down from from the Alitos flagpole,
but this was galactically humiliating.”
The American Flag, on filing suit against
Donald Trump for sexual assault
June 15, 2024

Early this morning in a Florida courthouse, the American Flag filed a civil suit against Donald Trump for damages from an alleged sexual assault during Donald Trump’s June 14th 78th birthday party. It is alleged that during Mr. Trump’s Palm Beach party,

The Trump campaign denies this occurred, despite being witnessed by numerous other American flags at the venue. Candidate Trump briefly deployed his oft-repeated criticisms that “Sleepy Joe Biden thought this up and paid the American Flag to bring this rigged lawsuit. Pelosi, witch hunts, election interference, it’s another Biden crime family crime spree!”

The Biden campaign, for its part, maintained, “Yet another set of lies from the disgraced felonious former fathead president. Democracy, Bidenomics, E. Jean Carroll, Russia, Russia, Russia, and where’s Melania?!”

Despite the full plate of Trump indictments and pending trials, we will strive to follow every lead in this new Trump-induced ludicrosity.



What Would a Strong Biden Border Security Executive Order Be Without Donald Trump

In a video posted on Truth Social last Tuesday, Trump laid out another spoil sport diatribe even more maniacal than usual. This in the wake of President Biden’s recent Presidential Proclamation that closes the southern border depending on the number of border encounters. This will dramatically reduce the pressure on the border. The policy will allow Biden to close the border between points of entry once there is an average of 2,500 crossings over the past week preceding a given day. Trump preposterously claims that this will “make the invasion worse.” Of course, that’s logically categorical bullsh*t. What Biden’s action may make worse – hopefully – is Trump’s ability to own the immigration issue.

That Biden makes me so mad!!!

Crooked Joe Biden, the worst president in the history of our country by far, has totally surrendered our southern border. His weakness and extremism have resulted in a border invasion like we have never seen before,” began Trump. “Other countries have emptied out their prisons, insane asylums and mental institutions and sent us drug dealers, human traffickers, and terrorists. Millions of people have poured into our country and now, after nearly four years of his failed, weak leadership, pathetic leadership, Crooked Joe Biden is pretending to finally do something about the border.

But in fact, it’s all about Joe because he knows we have a debate coming up in three weeks. The truth is that Joe Biden’s executive order won’t stop the invasion. It’s weak and it’s pathetic; it will actually make the invasion worse. Millions of people a year will continue to pour across our border and be released into our country. And we recently learned Biden is secretly granting mass amnesty to hundreds of thousands of these illegal aliens, along with welfare and government benefits, work permits and jobs. He’s not doing that, however, for our veterans. He’s not doing that for our homeless. He’s giving illegal aliens far more than our veterans get, far more than our homeless get.

Many of the left are even pushing for illegal aliens to vote in our elections, which is what this is all about. That’s why they’re allowing up to 20 million people since he took office. When I was president, we built over 500 miles of border wall, stopped the flood of criminals, and we had the safest border in the history of our country. We need to secure our border once again. We need to secure our border once and for all. Crooked Joe will never get the job done. He doesn’t want to get the job done. It’s just words and misinformation because he could have done it very easily. All he had to do is say, “Close the border.” That’s the power of the presidency.

But when I’m elected, it will be my top priority. On day one, I will seal the border, stop the invasion, and send Joe Biden’s illegal aliens back home. They have to be sent back home because no country can sustain the damage that our country is sustaining. All over the world, crime rates are going down because all over the world, not just South America, they are sending criminals into the United States of America. They’re taking their drug dealers and their people in jail, lots of people in jail. They’re taking their murderers, killers, they’re taking them all and sending them into the United States. In Venezuela crime is down a staggering 67%. Because if you go to Caracas, if you go to different places, they’re sending their criminals into the United States. It’s a horrible thing. And that’s happening all over the world, many, many places, many countries.

We’re not going to let it continue. We’re going to get them out. We’re going to bring our country back to safety. We’re going to make America great again, greater than ever before. Thank you very much.

Trump’s Pre-Sentence Interview – Will He or Won’t He?

Today Donald Trump will likely sit for his pre-sentence interview with a New York City Probation Department official, but unlike most persons, he will not have to attend in person; his interview will take place remotely while he is in Mar-A-Lago. Also, unlike most persons, Trump will have his lawyer present, this due to Judge Merchan’s order. So much for Trump’s bloviating about being treated unfairly.

Note too that, according to Business Insider, “NY state law requires the judge to order a pre-sentencing report, but does not require that the defendant participate in the process.” Should, however, Trump follow that path, Business Insider continued, according to Angel Rodriguez, founder of Avenues for Justice, “It would piss the judge off to no end’ . . . especially given his history of gag order violations and disruptive courtroom behavior.” We all know Judge Merchan’s temperament by now, and “pissed off” might be an understatement.

NY pre-sentence interview form

Trump, also, in another manner of not participating, could attend the virtual meeting but refuse to answer any questions except, perhaps, regarding his name, address, and other similar queries. According to a NY defense attorney cited by Business Insider, “If he wants to show remorse, then certainly the probation report is a good place to start doing that, but Donald Trump has not shown remorse and insists everybody else are the wrongdoers.” Trump’s chances for sentencing leniency will be harmed with this approach, and it’s a pretty sure bet he would express neither regrets for his crimes nor concerns for the victims, like Stormy Daniels or Michael Cohen.

Trump’s usual “everybody else are the wrongdoers” approach may fit a Mafia families meeting, how differently New York Courts.com describes the benefits to a cooperative demeanor:

The pre-sentence report is a chance for the defendant’s lawyer to say good things about the defendant, like that the defendant is in a counseling program or has a steady job and takes care of an ailing family member. The pre-sentence interview is a chance for the defendant to try to make a good impression and explain why he or she deserves a lighter punishment. The pre-sentence report is also a chance for a crime victim to explain how he or she has suffered and what he or she has lost.

Will he or won’t he? We know he cannot regulate his fury or his massive self-confidence. In sum, the Business Insider article quotes a former NY white collar crime prosecutor, Diana Florence:

“It’s perfectly fine to say the matter is on appeal, and I maintain my innocence. What’s not fine is to say the judge is corrupt and the jury is corrupt, and the witnesses must die.”

Indeed. But given Trump’s bravura-tinged self-defeating nature in these legal settings, his lawyer’s job convincing him to just shut up, shut up, shut up is a Herculean task. As we’ve witnessed, Trump’s lawyers are not Greek gods.

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BREAKING – Juror Misconduct in Trump NY Trial? — MAGA Screaming for Mistrial

I had nothing to do with this . . .

Newsweek just reported that a Trump trial’s juror’s cousin may have been contacted by the juror about the guilty verdicts that were to come. This has caused supercharged MAGA derangement symptoms, i.e., this proves the trial and convictions were politically motivated shams. Some have called for a mistrial to be immediately declared, which I’ll discuss below.

Newsweek reported:

Questions have surfaced regarding the jury in former President Donald Trump‘s New York City hush money trial after the presiding judge flagged a post to social media alleging that a juror had spoken about Trump’s verdict before it was handed down. According to New York State Supreme Court Justice Juan Merchan’s letter, which was sent to Trump lawyer Todd Blanche and Manhattan District Attorney Prosecutor Joshua Steinglass, a comment was left on the New York State Unified Court System’s Facebook page by a user under the name “Michael Anderson,” who wrote, “My cousin is a juror and says Trump is getting convicted. Thank you folks for all your hard work!!!!” The comment was in response to a post by the court on May 29, a day before the former president was convicted of 34 felony counts in connection to hush money paid to adult-film actress Stormy Daniels during Trump’s 2016 presidential campaign. Merchan wrote that as of Friday, Anderson’s comment was “labeled as one week old.”

This was quickly shown to be a hoax by none other than the poster himself:

This is still developing, and who knows what will result, but the calls for a mistrial appear to be futile under New York law:

New York Consolidated Laws, Criminal Procedure Law – CPL § 280.10 Motion for mistrial

At any time during the trial, the court must declare a mistrial and order a new trial of the indictment under the following circumstances:

2. Upon motion of the people, when there occurs during the trial, either inside or outside the courtroom, gross misconduct by the defendant or some person acting on his behalf, or by a juror, resulting in substantial and irreparable prejudice to the people’s case.  When such misconduct occurs during a joint trial of two or more defendants, and when the court is satisfied that it did not result in substantial prejudice to the people’s case as against a particular defendant and that such defendant was in no way responsible for the misconduct, it may not declare a mistrial with respect to such defendant but must proceed with the trial as to him;

3. Upon motion of either party or upon the court’s own motion, when it is physically impossible to proceed with the trial in conformity with law.

While slightly ambiguous, the text can be read to indicate that the motion must be brought during the trial, and after the verdict has been reached, but not following the court’s announcement of the verdict which occurred on March 30. We’ll see, though, should this incident be proved to be not a hoax. Then there ought to be a defendant’s remedy, if not a mistrial, then in an appeal. But – egads! – what next in the ongoing Trump saga?!

This Presidential Poll May Toll Good News for Biden

Today’s Emerson College poll, among the few more than a week after Trump’s election interference convictions, signals some good news for the Biden campaign. The poll was conducted June 4-5 among 1,000 registered voters and has a margin of error of 3%. This June 5 poll has the advantage of respondents having had a week to consider the guilty verdicts, as opposed to those polls conducted immediately after the verdict. Below is the “headline” chart (with my notes superimposed):

As for the pregnant question, during the six-weeks of the NY election fraud trial and the convictions, Trump’s strength stayed at 46%, while Biden’s rose from 43% to 45%, a hopeful sign. This is particularly meaningful when you view Trump’s meteoric rise during the Trump indictment period, from 41% to $47% as MAGAites expressed their increased support for a criminally indicted presidential candidate. Biden, though, also rose, from 42.5% to 44% during that time. If one reads the headline chart as a trend, then Trump’s supporters have remained in a flat pattern, even after the May 30 convictions when they usually react positively to Trump’s criminality. Biden’s ratings, however, rose from 43% to 45%. If indeed this is a trend then that’s the hope in hopeful because I, for one, expected this poll to indicate a burst of post-conviction enthusiasm among Trump supporters, particularly when compared to their euphoria during Trump’s indictment season. Some Trumpists have drifted – south.

Also hopeful, the trends among independent and undecided voters were meaningful. Emerson pollsters concluded:

A plurality of independents say it makes no impact (41%), while 38% are less likely to vote for Trump and 21% more likely. 58% of undecided voters say the conviction does not impact their vote; 36% less likely, 6% more likely. [Emphasis added]

The “less likely” versus the “more likely” to vote for Trump, in a likely close election, favor very much the “less likely” choice. That’s, after all, a significant voting bloc.

The next big test, the public reaction to Biden’s Proclamation on border security, now in effect, for an indeterminate time. Should this succeed in stemming the immigration tide, polling data will reflect that. The consequences may – should – move more independents and undecideds into the Biden column, but a weak Biden campaign communications office needs to step up. Bigtime.

Then, on the calendar for June 27th, comes the first debate, which ought to very much rock the presidential polling. If Biden, between now and then, continues his post-Trump conviction upward polling trend, the public may be in a psychologically friendly mood to conceivably lean toward Biden’s debate performance, especially for independents and undecideds. And should Trump act out manically and maniacally as a debater, his usual tactic, then those voters may swing even more towards Biden. Once again, from my typewriter to Goddess’s ears. . .

Trump’s Foreign Travel Plans Hit 37 Speed Bumps

Countries rejoicing in the news that Donald Trump will not be visiting anytime soon now that he’s a convicted felon include Australia, China, Brazil, Canada, Cuba, India, Iran, Israel, Mexico, Ukraine, and the United Kingdom. There are exceptions, however, and Russia and Hungary, two of his favorite authoritarian vacation destinations, are among them. Also, in some countries, UK being one of them, after he (hopefully) serves his prison sentence and clears probation, he’ll be able to visit (except spoil-sport Canada where there a very few exceptions).

Come what may, Trump is on the face of it barred from personally sullying the countries of approximately 2.5 billion souls. Finally, he’s a billionaire!!

Full list of countries that restrict visits from felons

  1. Argentina
  2. Australia
  3. Brazil
  4. Cambodia
  5. Canada
  6. Chile
  7. China
  8. Cuba
  9. Dominican Republic
  10. Egypt
  11. Ethiopia
  12. Hong Kong
  13. India
  14. Indonesia
  15. Iran
  16. Ireland
  17. Israel
  18. Japan
  19. Kenya
  20. Malaysia
  21. Macau
  22. Mexico
  23. Morocco
  24. Nepal
  25. New Zealand
  26. Peru
  27. Philippines
  28. Singapore
  29. South Africa
  30. South Korea
  31. Taiwan
  32. Tanzania
  33. Tunisia
  34. Turkey
  35. Ukraine
  36. United Arab Emirates
  37. United Kingdom

Jury Instruction Boilerplate Guidelines for Judges in Trump NY Criminal Case

The following is so-called boilerplate guidelines for New York state judges for their jury instruction for the felony charged against Trump, FALSIFYING BUSINESS RECORDS IN THE FIRST DEGREE Penal Law § 175.10 (Committed on or after November 1, 1986). It is sourced through New York’s official Criminal Jury Instructions & Model Colloquies site which points out:

“The Criminal Jury Instructions are a set of model charges intended as a guideline for trial judges. The instructions are, of course, based on statutory provisions and prevailing case law.”

NOTE 1: It is not the complete instruction that Judge Marchan will present to the jury. But under NY Criminal Cases, it is a guideline for a case charged under Penal Law § 175.10, the felony charge facing Donald Trump. In fact, Judge Marchan is instructing the jury as I write this

NOTE 2: As the trial is in a state court, Judge Marchan may or may not advise the jury regarding the federal election law that is included in this case. Recall, however, that NY election law is implicated in this case. The presence of the federal election law in this state case is, by the way, unusual or perhaps unprecedented in a NY case of this type and its appropriateness is debated by legal scholars.

NOTE 3: The jury is not provided a copy of the jury instructions in New York. They may ask the judge specific questions as needed, however.

NOTE 4: Although this issue was actively discussed by analysts prior to the jury instructions, he jury can’t choose to convict Trump on the misdemeanor falsifying business records crime in New York, Penal Law 175.05(1) – SECOND DEGREE FALSIFYING BUSINESS RECORDS: DEFINITIONS AND ELEMENTS because Trump’s lawyers didn’t request that the jury instructions include “lesser included offenses,” which would have allowed the jury to weigh misdemeanors. New York law says that judges can submit lesser-included charges to the jury “if there is a reasonable view of the evidence which would support a finding that the defendant committed such lesser offense but did not commit the greater.” The law further says that, in such situations, if either side asks for a lesser-included option, then the court must give it. Moreover, complicating things, in Trump’s case, the two-year statute of limitations had passed for the falsifying business records statute. Yet, some analysts opined and NY judicial precedent exists that – if the Trump lawyers had timely requested it (as set out above) – the two-year SOL would have been waived).

So, why would Trump’s legal team have decided against seeking this this waiver? If his lawyers believed Trump faced a near-certain felony conviction, the jury would have had an “escape route” from having only a felony to consider. And the misdemeanor would, as a first offense, likely resulted in no jail time. Politically, a misdemeanor conviction would strike many – Trumpists and some non-Trumpists – as a mild injury to Trump, if any at all. My guess is that Trump himself nixed the idea – being a consistent and (stupidly) confident risk taker, he would have bridled at accepting any conviction on any charge. If Trump’s convicted in the days ahead, his legal team’s decision here will be considered a game changer, and if we learn that Trump vetoed their plan, finally, where it counts, Trump would have been hoist on his own petard.

“The (specify) count is Falsifying Business Records in the First Degree.

Under our law, a person is guilty of falsifying business records in the first degree when, with intent to defraud that includes an intent to commit another crime or to aid or conceal the commission thereof, that person:

Select appropriate alternative: [direction to judge]

makes or causes a false entry in the business records of an enterprise; or
alters, erases, obliterates, deletes, removes or destroys a true entry in the business records of an enterprise; or omits to make a true entry in the business records of an enterprise in violation of a duty to do so which he or she knows to be imposed upon him or her by law or by the nature of his or her position;
or prevents the making of a true entry or causes the omission thereof in the business records of an enterprise.

The following terms used in that definition have a special meaning:

ENTERPRISE means any entity of one or more persons, corporate or otherwise, public or private, engaged in business,

BUSINESS RECORD means any writing or article, including computer data or a computer program, kept or maintained by an enterprise for the purpose of evidencing or reflecting its condition or activity.

INTENT means conscious objective or purpose. Thus, a person acts with intent to defraud when his or her conscious objective or purpose is to do so.

In order for you to find the defendant guilty of this crime, the People are required to prove, from all of the evidence in the case, beyond a reasonable doubt, each of the following two elements:

  1. That on or about  (date) , in the county of  (county) , the defendant,  (defendant’s name),

Select appropriate alternative: [direction to judge]

made or caused a false entry in the business records of an enterprise; or
altered, erased, obliterated, deleted, removed or destroyed a true entry in the business records of an enterprise; or
omitted to make a true entry in the business records of an enterprise in violation of a duty to do so which the defendant knew to be imposed upon him/her by law or by the nature of his/her position; or prevented the making of a true entry or caused the omission thereof in the business records of an enterprise; and,
That the defendant did so with intent to defraud that included an intent to commit another crime or to aid or conceal the commission thereof.

If the affirmative defense does not apply, conclude as follows:

If you find the People have proven beyond a reasonable doubt both of those elements, you must find the defendant guilty of this crime.

If you find the People have not proven beyond a reasonable doubt either one or both of those elements, you must find the defendant not guilty of this crime.

If the affirmative defense does apply, continue as follows:

If you find that the People have not proven beyond a reasonable doubt either one or both of those elements, you must find the defendant not guilty of Falsifying Business Records in the First Degree.

If you find that the People have proven beyond a reasonable doubt both of the elements, you must consider an affirmative defense the defendant has raised. Remember, if you have already found the defendant not guilty of Falsifying Business Records in the First Degree, you will not consider the affirmative defense.

Under our law, it is an affirmative defense to this charge of Falsifying Business Records in the First Degree that the defendant, at the time he/she engaged in the conduct constituting the offense, was a clerk, bookkeeper or other employee who, without personal benefit, merely executed the orders of his/her employer or of a superior officer or employee generally authorized to direct his/her activities.

Under our law, the defendant has the burden of proving an affirmative defense by a preponderance of the evidence.

In determining whether the defendant has proven the affirmative defense by a preponderance of the evidence, you may consider evidence introduced by the People or by the defendant.

A preponderance of the evidence means the greater part of the believable and reliable evidence, not in terms of the number of witnesses or the length of time taken to present the evidence, but in terms of its quality and the weight and convincing effect it has. For the affirmative defense to be proved by a preponderance of the evidence, the evidence that supports the affirmative defense must be of such convincing quality as to outweigh any evidence to the contrary.

If you find that the defendant has not proven the affirmative defense by a preponderance of the evidence, then, based upon your initial determination that the People had proven beyond a reasonable doubt both of the elements of Falsifying Business Records in the First Degree, you must find the defendant guilty of that crime.

If you find that the defendant has proven the affirmative defense by a preponderance of the evidence, then you must find the defendant not guilty of Falsifying Business Records in the First Degree.”

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