Fogbow

Just speculation here, but it seems likely to me that Ivanka really and truly would prefer not to testify. Testifying is rarely fun, is always stressful, and in this action there are only downsides for her. So I suspect that there was a true community of interest between her and Trump to attempt to quash the subpoena.

Tomorrow can't come soon enough

Programming note: Jen Psaki said she's going to have Preet B and Michael Cohen on her show tomorrow night to break down the testimony.

https://iapps.courts.state.ny.us/nyscef ... S_13Xg0g==

Ivanka's counsel (Troutman Sanders, a well-known firm) has done a normal thing by withdrawing her appeal to the First Department of the order denying her motion to quash.

I write on behalf of Ms. Trump, pursuant to § 1250.2(b)(1) of the Practice Rules of the Appellate Division (22 N.Y.C.R.R.), to advise the Court that Ms. Trump hereby withdraws her appeal of the Decision and Order of the Hon. Arthur F. Engoron, J.S.C., so-ordered October 30, 2023. Given Ms. Trump’s trial testimony is now scheduled to take place before her motion is scheduled to be heard by this Court,* Ms. Trump’s motion is now—for all practical purposes— moot. Should the Court have any questions, please feel free to contact me.

I had been wondering if she would pursue the request for a stay to the N.Y. Court of Appeals, the highest court in the state. They would have needed to have their papers ready to go within an hour or two of the First Department's denial. Apart from the hopelessness of the request on the merits, I was curious (although not curious enough to do more than glance for a few minutes at some materials) if the Court of Appeals even had jurisdiction.

The last piece of litigation I did was a successful opposition to a motion for leave to appeal to the Court of Appeals. The jurisdiction of the Court of Appeals is a subject that's complicated and full of special rules and precedents that are obscure and tricky. It's surprisingly dissimilar to the rules and practice in federal court, and even dissimilar to the rules for appeals to the Appellate Division, and an attorney without experience before the court will not get a handle on the subject on a first, or second, or third review of the statute.

I suspect that the lack of irreparable harm would have required an immediate "flusheroo" (h/t Brother Piffle, who I miss), but it would have been interesting to learn whether there were other fatal defects.

_______
* Note that that the motion schedule was a soft but unmistakable "I really don't care, do u?" from the First Department.

chancery wrote: ↑Sun Nov 05, 2023 5:10 pm https://iapps.courts.state.ny.us/nyscef ... S_13Xg0g==

Ivanka's counsel (Troutman Sanders, a well-known firm) has done a normal thing by withdrawing her appeal to the First Department of the order denying her motion to quash.

Thank you, chancery, for taking the time to educate us. I really appreciate the detailed explanations and analyses you offer to us.

tfg in advance of testifying today:

"This morning, Mr. Trump will take the stand in our trial against him, the Trump organization and other defendants. Mr. Trump has repeatedly and consistently misrepresented and inflated the value of his assets. And before he takes the stand, I am certain that he will engage in name calling and taunts and race baiting and call this a witch hunt. But at the end of the day, the only thing that matters are the facts and the numbers — and numbers, my friends, don't lie."

https://thehill.com/regulation/court-ba ... press.coop

Trump to face-off with NYAG

Donald Trump and lawyers from New York Attorney General Letitia James’s (D) office will face off this week when the former president is expected to take the stand in the fraud case jeopardizing his business empire.

His testimony marks an unprecedented turn in U.S. history where a former president and current White House candidate must defend himself on trial and in the shadow of a host of other legal troubles. However, that seems to have had little effect among GOP primary voters throwing their support behind Trump, who is consistently polling with double-digit leads ahead of his challengers among that contingent of likely voters.

Manhattan courthouse abuzz ahead of Trump’s testimony

The Manhattan courthouse where former President Trump will soon testify in the fraud case threatening his business empire was bursting with anticipation Monday morning.

More than 70 reporters from U.S. and international publications lined up outside the courthouse before the sun had risen, hoping to get a seat in the courtroom where the former president will take the stand.

At least six sketch artists will also document the historic proceeding.

NYAG arrives in court

New York Attorney General Letitia James (D) arrived in court Monday morning some 20 minutes before Trump is expected to take the stand.

She walked directly to the state lawyers who will soon question the former president, appearing to joke and make small talk before taking her usual seat at the right front side of the courtroom.

Trump ahead of court appearance: ‘A dark day for our Country’

Trump on Monday railed against his fraud case in New York City just hours before he is expected to appear in court and potentially take the stand.

“Got a really Biased, Nasty, Club controlled, but often overturned, Judge, a Racist, Evil, and Corrupt Attorney General, BUT A CASE THAT, ACCORDING TO ALMOST ALL LEGAL SCHOLARS, HAS ZERO MERIT,” Trump wrote in a Truth Social post. “A dark day for our Country. WITCH HUNT!”

Trump arrives at courthouse

Former President Donald Trump arrived at the courthouse shortly before 10 a.m., where he gave brief remarks to cameras outside the court room and decried the trial as “political warfare.”

“While Israel is being attacked, while Ukraine is being attacked, while inflation is eating our country alive, I’m down here,” Trump said, calling it a “very unfair situation.”

Trump inside the courtroom

Trump has arrived in the Manhattan courtroom where he will soon take the stand in the fraud trial putting his business at risk.

Trump slowly sauntered to the defense table, maintaining a stern face before taking a seat between attorneys Alina Habba and Chris Kise.

He was flanked by two lawyers representing him in a separate New York criminal case and campaign spokesman Steven Cheung, in addition to a host of secret service agents.

State calls Trump as witness

The New York attorney general’s office has called the former president to the witness stand.

“The people call Donald J. Trump,” a state lawyer said.

Trump, wearing a blue suit and tie, stood at the defense table and took his time walking to the witness stand. He raised his right hand and swore to tell the truth.

https://www.cnn.com/politics/live-news/ ... index.html

First questions hit on Trump's appointment of Allen Weisselberg
From CNN's Lauren del Valle

The first questions New York attorney general attorneys asked former President Donald Trump on the stand at his civil fraud trial was to confirm he was the director president and chairman of the Trump Organization from 1981 to 2017 — leading to a series of questions working to establish how the trust at the crux of the trial was set up.

He was also asked why he appointed Allen Weisselberg as a trustee of the trust.

"Well he’d been with the company a long time and he was somebody I had confidence in,” Trump said.

“He did a good job I mean he was very good at what he did."

When asked if he trusted the former CFO he said, “I did, yeah.”

Trump said he put his son Don Jr. back in charge of the trust because he was "staying very much in politics"
From CNN's Lauren del Valle, Kara Scannell and Jeremy Herb

Donald Trump says he put his son Donald Trump Jr. back in charge of his trust in July 2021 because "he was impressive in business, as was Eric, and I thought I would do that while I continued onward with politics."

Kevin Wallace of the attorney general's office asked Trump what was happening in July 2021, and Trump notes he was being investigated by "Democrats."

Asked if the investigations led him to put Donald Trump Jr. back in charge of the trust, Trump says, "I think more so to the fact I was staying very much in politics."

Trump says he would on occasion make suggestions on financial docs at heart of the trial
From CNN's Lauren del Valle, Kara Scannell and Jeremy Herb

Further questioning in today's civil fraud trial turned toward the financial documents at the heart of the trial, with Donald Trump saying he would look at financial statements, and on occasion make suggestions.

Trump says of his statements of financial condition, "I would look at them, I would see them, and I would maybe on occasion have some suggestions."

The former president says that bankers didn't pay much attention to his financial statements, and says that is going to be part of their defense.

"We'll explain that as this trial goes along. This crazy trial goes along. Because we’re bringing in the bankers. Very big bankers," Trump says. "They will explain exactly what their process is."

“They were not really documents that the banks paid much attention to. They looked at the deal," he testified.

Judge admonishes Trump to not give political speeches
From CNN's Lauren del Valle, Kara Scannell and Jeremy Herb

Judge Arthur Engoron told Donald Trump to answer the questions related to the case — and not give speeches.

"Some of your answers have not been in response to the question," Engoron said.

“Mr. Wallace is being very patient. I would like to move this along," the judge said, referring to Kevin Wallace of the New York attorney general's office.

Judge chides Trump for political answers

https://thehill.com/regulation/court-ba ... press.coop

After Trump aired his frustration over “Democrat” prosecutors and attorneys general “coming after” him, Judge Arthur Engoron asked him to keep the political answers to a minimum.

“I’d like to move things along a little faster; please no speeches,” Engoron said, drawing an objection from Trump attorney Chris Kise.

A few questions later, Trump took aim at the judge. He claimed that the allegations against him are “well beyond the statute of limitations.”

“I’m sure the judge will rule against me because he always rules against me,” Trump said.

“You can attack me whenever you want but answer the questions,” Engoron later said in response.

https://twitter.com/travisakers/status/ ... 85228?s=20

Travis Akers @travisakers wrote: My favorite line so far from the Trump trial today:

NY attorney: Did you get copies of statements in 2021?

Donald Trump: I was so busy in the White House with China, Russia, and keeping the country...

NY attorney: You were not the President in 2021.

Acyn @Acyn wrote: Reporter: Mr. Trump how’s it going in there?

Trump:

https://twitter.com/lawofruby/status/17 ... 06707?s=20

Lisa Rubin @lawofruby wrote: Judge Engoron: “Mr. Kise, can you control your client? This is not a political rally… Maybe you should have a talk with him right now.” Kise disagrees and says it would be far more economical to let the “former and future chief executive of the United States” to give his answers.

Adam Klasfeld@KlasfeldReports
·
1m
Trump, to the AG's counsel Kevin Wallace:

"People like you go around to try to demean me, and try to hurt me."

Wallace tells the judge he won't move to strike because he has a lot of ground to cover.

Hugo Lowell has a lot of Xs regarding the trial, a sample.
https://twitter.com/hugolowell/status/1 ... 28552?s=20

Hugo Lowell @hugolowell wrote: NOW: Justice Engoron is clearly very frustrated with Trump — tells his lawyer Chris Kise to control his client as he testifies: “I beseech you to control him if you can. If you can’t, I will. I will excuse him and draw every negative inference that I can.”

Trump lawyer Alina Habba tells the judge that NYAG prosecutor should ask better questions if he wants more specific answers. Judge shouts at Habba to “sit down!”— Trump rails: “Very very unfair trial and I hope the public is watching”

Judge interrupts Trump's "irrelevant" answer to questions about Scotland golf course valuation

https://www.cnn.com/politics/live-news/ ... index.html

As testimony began centering on the valuation of Donald Trump’s golf course in Aberdeen, Scotland — Trump lobbed an answer that Judge Arthur Engoron audibly deemed “irrelevant” to the question.

The New York assistant attorney general asked Trump if the description in his 2014 financial statement was accurate for the property — which followed by Trump touting Aberdeen as a oil capitol making the property more valuable.

“Irrelevant, irrelevant, answer the question," Engoron said speaking over Trump, one of the few times that's happened since returning from the break.

Trump also used the opportunity to boast about the course.

"I think it’s the greatest golf course ever built," Trump said. "It’s one of the greatest pieces of land I’ve ever seen."

Trump goes after New York attorney general in rant

The past 45 minutes or so of testimony went along mostly without a hitch, but the past few minutes has seen former President Donald Trump ramp up the political rhetoric.

"What’s going on here, how can a thing like this be going on? It’s disgraceful," Trump said after being asked about the Mar-a-Lago property evaluation, turning his attention to New York Attorney General Letitia James.

Trump's civil fraud trial breaks for lunch

Former President Donald Trump’s civil fraud trial has broken for lunch, and will resume at 2:15 p.m. ET with Trump back on the stand.

Trump exited the courtroom during the lunch break. He did not speak, only giving a double thumbs up.

Trump team is happy with his testimony so far, source says
From CNN's Kristen Holmes

https://www.cnn.com/politics/live-news/ ... index.html

After a contentious morning between Donald Trump and Judge Arthur Engoron in the New York civil fraud trial, the former president's team is happy with the way he has handled his testimony so far and how it is unfolding, a source told CNN.

“He’s turning this into the Trump show,” the source said, describing what they see as the messaging success around today’s testimony. “That’s how he’s winning.”

Trump has already begun using the judge’s words to continue to paint this as election interference and politically motivated. In a post on Truth Social, the former president posted a quote from the judge over a picture of him.

“No, I’m not here to hear what [President Trump] has to say,” the quote reads.

Trump Desperately Tries to Use “Worthless” Defense in Fraud Trial
Donald Trump is trotting out an old defense that is guaranteed to fail.

https://newrepublic.com/post/176680/tru ... raud-trial

Donald Trump tried Monday to defend his business practices in New York with a so-called “worthless clause”—despite the judge having already deemed this argument exactly that.

The former president, who has been accused of business fraud by the New York attorney general, has previously tried to argue that the Trump Organization’s financial documents were not the least bit fraudulent. He insisted that even if they were, he couldn’t be held responsible because it was up to the lenders and insurers to fact-check that.

Trump doubled down on that claim when he took the stand Monday. When shown his company’s financial statements, Trump pointed to a disclaimer on the document.

“We would call it a worthless statement clause,” he said. “They were not really documents that banks paid much attention to.”

There’s a small flaw in Trump’s defense: Presiding Judge Arthur Engoron has already dismissed it.

“Defendants’ reliance on these ‘worthless’ disclaimers is worthless,” Engoron wrote in a pretrial ruling dated September 26.

“The ‘worthless clause’ does not say what defendants say it says, does not rise to the level of an enforceable disclaimer, and cannot be used to insulate fraud as to facts peculiarly within defendants’ knowledge, even vis-à-vis sophisticated recipients.”

Adam Klasfeld@KlasfeldReports

Trump just tore into the AG and the judge. He called Wallace a "disgrace."

Engoron says he's going to date himself with the analogy, but Trump's sounding like a "broken record."

And that's a wrap!

Adam Klasfeld@KlasfeldReports

NYAG's counsel: "Your honor, we have nothing further at this time."

No cross-examination.

Trump exits the stand.
3:17 PM · Nov 6, 2023

I question whether tfg understands the role of the judge in these proceedings.

Judge and Trump lawyers debate motion for a mistrial

https://www.cnn.com/politics/live-news/ ... index.html

Donald Trump’s lawyers said they want to make a motion for a mistrial, getting into an extended debate with Judge Arthur Engoron about how they can raise the conduct of his clerk that’s subject to a gag order.

"We would at least need to reference the subject matter," Trump's attorney Chris Kise said.

Initially, Engoron told Trump’s lawyers they should not file such a motion that referenced his staff, saying he put the gag order in place to protect them.

"I am 1000% convinced that you don't have any right or reason to complain about my confidential communications,” Engoron said.

Trump’s attorneys, who have complained about Engoron’s note-passing with his clerk, claim it’s a sign of the trial’s bias and have urged Engoron to reconsider.

"You can't respectfully reject it before you've seen it," Kise said.
Trump attorney Alina Habba told the judge, "Obviously are going to be moving for a mistrial, that is part of the plan."

"We need to have an opportunity to be heard on those things that have not been yet heard,” Habba said.

After conferring with his clerk, Engoron changed course and said that Trump’s attorneys could file a motion, but he asked them to do it in writing.

Once they agreed on a course of action, Engoron joked, “See I knew it would be a love fest.”

Trump was sitting back in his chair at the defense table while the exchange was going on.

Thanks, V!