Fogbow

A few pages ago I posted the three tweets from Trump which admitted the "reimbursement." Does anyone else remember what else happened when the Access Hollywood video was released? That very night? Russia began to release Hillary and Clinton Campaign emails. For those who were not insiders ...

Michael Popok Ben Mieselas is an insufferable windbag.

Business records? This was a personal transaction. As recorded by a business. If it was truly personal, it shouldn't have been recorded by a business. This is a case about stupid greed. If this had been conducted by professional fixers, there would have been no paper trail (at least in the business...

I asked Google what a "business record" was in New York state. First, I found the statute: 8.08 Business Records (CPLR 4518). The first paragraph of the statute provides: (a) Generally. Any writing or record, whether in the form of an entry in a book or otherwise, made as a memorandum or ...

Your way out, if taken, will only apply to some of the accounts, I think. Aren’t some of the checks were written on Trump Org or Trump Trust accounts? Yes. Some were from his revocable trust. But a revocable trust is merely a different way for an individual to hold and control money or assets. http...

As for the cross of Stormy Daniels, either Trump's lawyer does not know about the rule never to ask a witness a question to which you don't know the answer (unlikely), or her idiot client insisted she get tough (likely) and she simply got tangled up in trying to make the witness look bad. Stormy Da...

To be very charitable: the argument likely will be: 1. It never happened, Daniels is an extortionist, and it was a business decision to kill a fake story. 2. 3. Ergo, not a fraudulent business record! It is a spaghetti defense (throw it against the wall and see what sticks) intended to create (&quo...

I have some personal information about what Stormy is testifying to now. I found out from one of my lawfirm associates that Stormy was keeping her horse at his Mother's house. His Mother was a good friend of mine for 25 years at that time and lived a few miles away. I called her and told her that fr...

Business records being falsified are charged in the indictment. This case is not being tried to Justice Merchan in the first instance, but to a jury. If I were defense counsel I would mention the personal account on which Trump wrote personal checks as often as possible. Plant the seed. Some juror ...

Here's one of the checks. I understand a few were written on a trust account. But not most.

Please help me out here. If most of those checks were written on Trump's personal account, how are they business records? That may be a defense to many/most of the criminal counts.

I am suggesting there are several areas where the defense can plant seeds and try to nurture them into doubts. It's not easy to find "devastating" questions. In a criminal case (and I had some early in my career) you want to plant seeds that can become doubts. In civil cases the defense wi...

As much as I wish this case was a slam dunk, I appreciate stern’s insights into why it probably won’t be. I'm amazed at the comments here, other than yours. Almost no one is seriously discussing the evidence and how it fits with the burden the prosecution has, or the opportunities the defense has t...

In California the $35,000 a month paid by Trump to Cohen could be considered a "true retainer" which, to be considered "earned," requires no work, only Cohen's promise to be available. See, for example, California Rule of Professional Conduct Rule 1.5(d), which provides as follo...

Despite all the excited commentary on MSNBC and CNN, without Weisselberg's testimony there is no way to convict Trump without Michael Cohen testifying that Trump knew or was the architect of the scheme for the $420,000 repayment -- and Cohen being believed. That Trump was a micromanager, that nothin...

The theory of the DA: Business records (which no one would ever see) were falsified to cover up another crime (both state and Federal election campaign violations). I wouldn't blame jurors for asking "why wasn't Trump indicted for state election campaign violations?" And acquitting Trump o...

If the case had been better tried, the jury may not have nullified (if that’s what it was). Too also: The case was tried in the downtown courthouse, not the courthouse closest to the murder scene. While the downtown courthouse has superior security, a different courthouse may have resulted in a dif...

Trump's defense is pretty simple, and may be hidden in the forest of evidence. Cohen: "We'll have to pay something." Trump: "[unintelligible] pay with cash." Cohen: "No, no, no, no, no. I got it." So if Blanche argues in closing that had Trump paid in cash, as he wante...

When the charges were filed I observed that there was no conspiracy charged. In the opening statement the prosecutor tells the jury that there was a conspiracy among Pecker, Trump and Cohen. That's nice. Why wasn't it charged? I suspect the D.A. could figure out how to charge that the goals of the c...

He did it. And he confessed, in 2006: https://www.yahoo.com/entertainment/did ... 00672.html

Bragg has ignored (by failing to charge) the conspiracy among Trump, Pecker, Cohen and Weisselberg. He hasn't charged Trump's attempt to consummate that conspiracy by paying the Enquirer's owners for the Karen McDougal "story." He has ignored the fact that Trump used the Trump Organizatio...

I can think of one published decision. There may be others.

I am not grading this on a curve.

We're seeing how the Dobbs case seems to be strongly affecting the 2024 Presidential election (as well as other elections throughout the country since the decision). Obviously, the authors of the decision did not intend for this to happen, but here we are. I can think of another fairly recent SCOTUS...

The day after my 100th birthday there will be a total eclipse viewable in the city in which I was born. I plan to watch.