Michael R. Sisak – The Virginian-Pilot https://www.pilotonline.com The Virginian-Pilot: Your source for Virginia breaking news, sports, business, entertainment, weather and traffic Tue, 17 Sep 2024 21:39:20 +0000 en-US hourly 30 https://wordpress.org/?v=6.6.2 https://www.pilotonline.com/wp-content/uploads/2023/05/POfavicon.png?w=32 Michael R. Sisak – The Virginian-Pilot https://www.pilotonline.com 32 32 219665222 Sean ‘Diddy’ Combs jailed by judge after sex trafficking indictment https://www.pilotonline.com/2024/09/17/sean-diddy-combs-jailed-by-judge-after-sex-trafficking-indictment/ Tue, 17 Sep 2024 11:01:22 +0000 https://www.pilotonline.com/?p=7371590&preview=true&preview_id=7371590 By LARRY NEUMEISTER, MICHAEL R. SISAK and JENNIFER PELTZ

NEW YORK (AP) — Sean “Diddy” Combs was headed to jail Tuesday to await trial in his federal sex trafficking case, after a magistrate ordered him to be held without bail in a case that accuses him of presiding over a sordid empire of sexual crimes.

The music mogul pleaded not guilty Tuesday to racketeering conspiracy and sex trafficking. He’s accused of inducing female victims and male sex workers into drugged-up, sometimes dayslong sexual performances dubbed “Freak Offs.”

The indictment against him also alleges he coerced and abused women for years while using blackmail and shocking acts of violence to keep his victims in line. It refers obliquely to an attack on his former girlfriend, the R&B singer Cassie, that was captured on video.

Prosecutors wanted him jailed. His attorneys proposed that he be released on a $50 million bond to home detention with electronic monitoring. U.S. Magistrate Judge Robyn Tarnofsky sided with the government.

Combs, 54, took a long swig from a water bottle, then was led out of court without handcuffs. As he walked out, he turned toward family members in the audience.

“Mr. Combs is a fighter. He’s going to fight this to the end. He’s innocent,” his lawyer, Marc Agnifilo, said after court. As a start, he said he would appeal the bail decision.

The Bad Boy Records founder is accused of striking, punching and dragging women, throwing objects and kicking them — and getting his personal assistants, security and household staff to help him hide it all.

“Not guilty,” Combs told a court, standing to speak after listening to the allegations with his uncuffed hands folded in his lap.

Federal prosecutors called him dangerous.

“Mr. Combs physically and sexually abused victims for decades. He used the vast resources of his company to facilitate his abuse and cover up his crimes. Simply put, he is a serial abuser and a serial obstructor,” Assistant U.S. Attorney Emily Johnson told a court. She also said he had “extensive and exhaustive history of obstruction of justice,” including alleged bribery and witness intimidation.

Agnifilo acknowledged Combs was “not a perfect person,” saying he’d used drugs and had been in “toxic relationships” but was getting treatment and therapy.

“The evidence in this case is extremely problematic,” the attorney told the court.

He maintained that the case stemmed from one long-term, consensual relationship that faltered amid infidelity. He didn’t name the woman, but the details matched those of Combs’ decade-long involvement with Cassie, whose legal name is Casandra Ventura.

The “Freak Offs,” Agnifilo contended, were an expansion of that relationship, and not coercive.

“Is it sex trafficking? Not if everybody wants to be there,” Agnifilo said, arguing that authorities were intruding on his client’s private life.

Prosecutors, however, said in court papers that they had interviewed more than 50 victims and witnesses and expect the number to grow. They said they would use financial, travel and billing records, electronic data and communications and videos of the “Freak Offs” to prove their case.

Combs nodded his head at times as his lawyer spoke and occasionally leaned over to converse with them when they were not. The impresario watched other parts of the proceeding expressionlessly, looking straight ahead.

Combs was arrested late Monday in Manhattan, roughly six months after federal authorities conducting a sex trafficking investigation raided his luxurious homes in Los Angeles and Miami.

A conviction on every charge in the indictment would require a mandatory 15 years in prison with the possibility of a life sentence.

The indictment describes Combs as the head of a criminal enterprise that engaged or attempted to engage in sex trafficking, forced labor, interstate transportation for purposes of prostitution, drug offenses, kidnapping, arson, bribery and obstruction of justice.

Combs and his associates wielded his “power and prestige” to intimidate and lure women into his orbit, “often under the pretense of a romantic relationship,” the indictment says.

It says he then would use force, threats and coercion to get the women to engage with male sex workers in the “Freak Offs” — “elaborate and produced sex performances” that Combs arranged, directed, masturbated during and often recorded, creating dozens of videos.

He sometimes arranged to fly the women in and ensured their participation by procuring and providing drugs, controlling their careers, leveraging his financial support and using intimidation and violence, according to the indictment.

The events could last for days, and Combs and victims would often receive IV fluids to recover from the exertion and drug use, the indictment said.

It said his employees facilitated “Freak Offs” by arranging travel, booking hotel rooms, stocking them with such supplies as drugs and baby oil, scheduling the delivery of IV fluids and cleaning the rooms afterward.

During the searches of Combs’ homes earlier this year, law enforcement seized narcotics, videos of the “Freak Offs” and more than 1,000 bottles of baby oil and lubricant, according to prosecutors. They said agents also seized firearms and ammunition, including three AR-15s with defaced serial numbers — two of them, broken into parts, in his bedroom closet in Miami.

Combs’ lawyer said his client didn’t own the guns at his house, noting that he employs a security company.

The indictment portrays Combs as a violent man who choked and shoved people, hit and kicked victims and sometimes dragged them by their hair, causing injuries that often took days or weeks to heal. His employees and associates sometimes witnessed his violence and kept victims from leaving or tracked down those who tried, the indictment said.

It alleges that Combs sometimes kept videos of victims engaging in sex acts and used the recordings as “collateral” to ensure the women’s continued obedience and silence. He also exerted control over victims by promising career opportunities, providing and threatening to withhold financial support, dictating how they looked, monitoring their health records and controlling where they lived, according to the indictment.

As the threat of criminal charges loomed, Combs and his associates pressured witnesses and victims to stay silent, offering bribes and supplying false narratives of what happened, the indictment says.

In a court filing, prosecutors accused Combs and an unidentified co-conspirator of kidnapping someone at gunpoint a few days before Christmas in 2011 in order to facilitate a break-in at another person’s home. Two weeks later, they wrote, Combs set fire to someone’s vehicle by slicing open its convertible top and dropping in a Molotov cocktail.

All of this, prosecutors allege, was happening behind the facade of Combs’ global music, lifestyle and clothing business.

“A year ago, Sean Combs stood in Times Square and was handed a key to New York City. Today, he’s been indicted and will face justice,” Manhattan-based U.S. Attorney Damian Williams said at a news conference Tuesday.

Combs returned the key in June after Mayor Eric Adams requested it back.

Combs was recognized as one of the most influential figures in hip-hop before a flood of allegations emerged over the past year.

In November, Ventura filed a lawsuit saying he had beaten and raped her for years. She accused Combs of coercing her, and others, into unwanted sex in drug-fueled settings.

The suit was settled in one day, but months later, CNN aired hotel security footage showing Combs punching and kicking Ventura and throwing her on a floor. After the video aired, Combs apologized, saying, “I was disgusted when I did it.”

The indictment refers to the attack, without naming Ventura, and says Combs tried to bribe a hotel security staffer to stay mum about it.

Douglas Wigdor, a lawyer for Ventura, declined to comment Tuesday.

Combs and his attorneys denied similar allegations made by others in a string of lawsuits.

The AP does not typically name people who say they have been sexually abused unless they come forward publicly, as Ventura did.

___

This story has been corrected to show that Combs is 54, not 58.

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7371590 2024-09-17T07:01:22+00:00 2024-09-17T17:39:20+00:00
Harvey Weinstein indicted on additional sex crimes charges ahead of New York retrial https://www.pilotonline.com/2024/09/12/harvey-weinstein-indicted-on-additional-sex-crimes-charges-ahead-of-new-york-retrial/ Thu, 12 Sep 2024 14:32:41 +0000 https://www.pilotonline.com/?p=7364448&preview=true&preview_id=7364448 NEW YORK (AP) — Disgraced movie mogul Harvey Weinstein has been indicted on additional sex crimes charges ahead of his retrial in New York, Manhattan prosecutors said at a hearing Thursday.

The indictment will remain under seal until Weinstein’s arraignment, which is scheduled for Sept. 18.

Weinstein, 72, is recovering from emergency heart surgery Monday at a Manhattan hospital and was not at Thursday’s hearing.

Manhattan District Attorney Alvin Bragg’s office disclosed at a recent court hearing that prosecutors had begun presenting to a grand jury evidence of up to three additional allegations against Weinstein, dating as far back as the mid-2000s.

Prosecutors had been seeking to retry Weinstein after his 2020 conviction on rape and sexual assault charges was tossed by an appeals court earlier this year. It remains to be seen whether the new charges will be included in the retrial, as prosecutors hope, or handled as a separate case by the court.

The new charges come after prosecutors in Britain announced last week that they would no longer pursue charges of indecent assault against Weinstein, who was the most prominent villain of the #MeToo movement in 2017 when women began going public with accounts of his behavior.

The 72-year-old co-founder of the film and television production company Miramax has long maintained that any sexual activity was consensual.

He is next expected to appear in Manhattan court for a hearing in the case on Sept. 12. His retrial is tentatively slated for November.

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7364448 2024-09-12T10:32:41+00:00 2024-09-12T10:44:14+00:00
Judge delays Donald Trump’s sentencing in hush money case until after November election https://www.pilotonline.com/2024/09/06/judge-delays-donald-trumps-sentencing-in-hush-money-case-until-after-november-election/ Fri, 06 Sep 2024 17:20:27 +0000 https://www.pilotonline.com/?p=7354188&preview=true&preview_id=7354188 By MICHAEL R. SISAK and JENNIFER PELTZ, Associated Press

NEW YORK (AP) — Donald Trump’s sentencing in his hush money case has been postponed until after the November election, granting the former president a hard-won reprieve as he navigates the homestretch of his current campaign and the aftermath of his criminal conviction.

In a decision Friday, Manhattan Judge Juan M. Merchan delayed Trump’s sentencing until Nov. 26, three weeks after the final votes are cast in the U.S. presidential election. The sentencing had been scheduled for Sept. 18, about seven weeks before Election Day.

The delay is the latest bit of good fortune for Trump in an election season that has been laden with legal perils for him.

The new date means voters will choose their next president without knowing whether the Republican nominee is going to jail, nor whether he will even be sentenced at all. Merchan now plans to rule Nov. 12 on Trump’s request to overturn the verdict and toss out the case because of the U.S. Supreme Court’s July presidential immunity ruling.

Merchan explained that he was postponing the sentencing “to avoid any appearance — however unwarranted — that the proceeding has been affected by or seeks to affect the approaching presidential election in which the Defendant is a candidate.”

“The Court is a fair, impartial and apolitical institution,” he added, writing that his decision “should dispel any suggestion” otherwise.

Trump — fresh from watching appellate arguments in a sexual abuse lawsuit against him in a nearby federal court — heralded the hush money sentencing delay. In a post on his Truth Social platform, he called the case a “witch hunt” and a “political attack” and reiterated that he’d done nothing wrong.

“This case should be rightfully terminated, as we prepare for the Most Important Election in the History of our Country,” he wrote.

Prosecutors said they stood ready for sentencing on the new date.

“A jury of 12 New Yorkers swiftly and unanimously convicted Donald Trump of 34 felony counts,” said Danielle Filson, a spokesperson for Manhattan District Attorney Alvin Bragg. He is a Democrat.

Trump’s lawyers pushed for the delay on multiple fronts, petitioning the judge and asking a federal court to intervene. They argued that punishing the former president in the thick of his campaign to retake the White House would amount to election interference.

Prosecutors didn’t take a position on Trump’s delay request, deferring to Merchan.

federal judge on Tuesday rejected Trump’s request to have the U.S. District Court in Manhattan seize the case from Merchan’s state court. Trump is appealing the federal court decision and has asked appeals judges to halt postconviction proceedings.

Trump entered this election year facing the possibility of multiple criminal trials after he was indicted four times since March 2023. But a string of decisions in the last two months, culminating with Friday’s sentencing delay, has largely cleared his legal calendar. The hush money case is the only one to have gone to trial.

In July, a judge dismissed a federal case in Florida charging Trump with illegally hoarding classified documents. The Supreme Court’s immunity decision has ensured significant delays in a separate federal case in Washington, D.C., in which Trump’s accused of trying to overturn his 2020 election loss. A Georgia election case also remains idled.

The immunity ruling reins in prosecutions of ex-presidents for official acts and restricts prosecutors in pointing to official acts as evidence that a president’s unofficial actions were illegal.

Election Day is Nov. 5, but many states allow voters to cast ballots early, with some set to start the process just a few days before or after Sept. 18.

Trump is the first ex-president convicted of a crime. A jury in May found him guilty of 34 counts of falsifying business records to conceal a $130,000 hush money payment to porn actor Stormy Daniels just before the 2016 presidential election. Daniels claims she and Trump had a sexual encounter a decade earlier after they met at a celebrity golf tournament in Lake Tahoe.

Prosecutors cast the payout as part of a Trump-driven effort to keep voters from hearing salacious stories about him during his first presidential campaign. Trump’s former lawyer Michael Cohen paid Daniels and was later reimbursed by Trump, whose company logged the reimbursements as legal expenses.

Trump maintains that the stories were false and that the reimbursements were for legal work and logged correctly. He has pledged to appeal the verdict, but that cannot happen until he is sentenced.

Democrats backing their party’s presidential nominee, Vice President Kamala Harris, have made his conviction a focus of their messaging.

In speeches at the party’s convention in Chicago last month, President Joe Biden called Trump a “convicted felon” running against a former prosecutor. Rep. Jasmine Crockett, D-Texas, labeled Trump a “career criminal, with 34 felonies, two impeachments and one porn star to prove it.”

Trump’s 2016 Democratic opponent, former Secretary of State Hillary Clinton, inspired chants of “lock him up” from the convention crowd when she quipped that Trump “fell asleep at his own trial, and when he woke up, he made his own kind of history: the first person to run for president with 34 felony convictions.”

Falsifying business records is punishable by up to four years behind bars. Other potential sentences include probation, a fine or a conditional discharge, which would require Trump to stay out of trouble to avoid additional punishment.

Trump’s case “stands alone, in a unique place in this Nation’s history,” Merchan wrote.

The public’s confidence “in the integrity of our judicial system demands a sentencing hearing that is entirely focused on the verdict of the jury and the weighing of aggravating and mitigating factors free from distraction or distortion,” he wrote.

___

Associated Press writers Michelle L. Price in New York and Eric Tucker in Washington contributed reporting.

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7354188 2024-09-06T13:20:27+00:00 2024-09-06T17:32:37+00:00
Donald Trump asks judge to delay sentencing in hush money case until after November election https://www.pilotonline.com/2024/08/15/donald-trump-asks-judge-to-delay-sentencing-in-hush-money-case-until-after-november-election/ Thu, 15 Aug 2024 15:27:03 +0000 https://www.pilotonline.com/?p=7312775&preview=true&preview_id=7312775 By MICHAEL R. SISAK, Associated Press

NEW YORK (AP) — Donald Trump is asking the judge in his New York hush money criminal case to delay his sentencing until after the November presidential election.

In a letter made public Thursday, lawyers for the former president and current Republican nominee suggested that sentencing Trump as scheduled on Sept. 18 — about seven weeks before Election Day — would amount to election interference.

Trump’s lawyers wrote that a delay would also allow Trump time to weigh next steps after the trial judge, Juan M. Merchan, is expected to rule Sept. 16 on the defense’s request to overturn the verdict and dismiss the case because of the U.S. Supreme Court’s July presidential immunity ruling.

“There is no basis for continuing to rush,” Trump lawyers Todd Blanche and Emil Bove wrote.

Blanche and Bove sent the letter to Merchan on Wednesday after the judge rejected the defense’s latest request that he step aside from the case.

In the letter, Blanche and Bove reiterated the defense argument that the judge has a conflict of interest because his daughter works as a Democratic political consultant, including for Kamala Harris when she sought the 2020 presidential nomination. Harris is now running against Trump.

By adjourning the sentencing until after that election, “the Court would reduce, even if not eliminate, issues regarding the integrity of any future proceedings,” the lawyers wrote.

Election Day is Nov. 5, but many states allow voters to cast ballots early, with some set to start the process just a few days before or after Trump’s scheduled Sept. 18 sentencing date.

Merchan, who has said he is confident in his ability to remain fair and impartial, did not immediately rule on the delay request.

The Manhattan district attorney’s office, which prosecuted Trump’s case, declined to comment.

Trump was convicted in May of falsifying his business’ records to conceal a 2016 deal to pay off porn actor Stormy Daniels to stay quiet about her alleged 2006 sexual encounter with him. Prosecutors cast the payout as part of a Trump-driven effort to keep voters from hearing salacious stories about him during his first campaign.

Trump says all the stories were false, the business records were not and the case was a political maneuver meant to damage his current campaign. Manhattan District Attorney Alvin Bragg is a Democrat.

Trump’s defense argued that the payments were indeed for legal work and so were correctly categorized.

Falsifying business records is punishable by up to four years behind bars. Other potential sentences include probation, a fine or a conditional discharge which would require Trump to stay out of trouble to avoid additional punishment. Trump is the first ex-president convicted of a crime.

Trump has pledged to appeal, but that cannot happen until he is sentenced.

In a previous letter, Merchan set Sept. 18 for “the imposition of sentence or other proceedings as appropriate.”

Blanche and Bove argued in their letter seeking a delay that the quick turnaround from the scheduled immunity ruling on Sept. 16 to sentencing two days later is unfair to Trump.

To prepare for sentencing, the lawyers said, prosecutors will be submitting their punishment recommendation while Merchan is still weighing whether to dismiss the case on immunity grounds. If Merchan rules against Trump on the dismissal request, he will need “adequate time to assess and pursue state and federal appellate options,” they said.

The Supreme Court’s immunity decision reins in prosecutions of ex-presidents for official acts and restricts prosecutors in pointing to official acts as evidence that a president’s unofficial actions were illegal. Trump’s lawyers argue that in light of the ruling, jurors in the hush money case should not have heard such evidence as former White House staffers describing how the then-president reacted to news coverage of the Daniels deal.

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7312775 2024-08-15T11:27:03+00:00 2024-08-15T19:33:52+00:00
Judge throws out Rudy Giuliani’s bankruptcy case, says he flouted process with lack of transparency https://www.pilotonline.com/2024/07/12/judge-throws-out-rudy-giulianis-bankruptcy-case-says-he-flouted-process-with-lack-of-transparency/ Fri, 12 Jul 2024 19:09:04 +0000 https://www.pilotonline.com/?p=7253673&preview=true&preview_id=7253673 NEW YORK (AP) — A judge threw out Rudy Giuliani ’s bankruptcy case on Friday, finding that the former New York City mayor had flouted process with a lack of transparency.

U.S. Bankruptcy Judge Sean Lane formalized the decision after saying he was leaning toward doing so on Wednesday. Lawyers for Giuliani and his two biggest creditors — two former election workers he was found to have defamed — had agreed that dismissing the case was the best way forward.

The dismissal ends Giuliani’s pursuit of bankruptcy protection but doesn’t absolve him of his debts. His creditors can now pursue other legal remedies to recoup at least some of the money they’re owed, such as getting a court order to seize his apartments and other assets.

Dismissing the case will also allow the ex-mayor to pursue an appeal in the defamation case, which arose from his efforts to overturn Donald Trump’s 2020 election loss.

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7253673 2024-07-12T15:09:04+00:00 2024-07-12T15:47:56+00:00
Trump seeks to set aside New York hush money verdict hours after Supreme Court ruling https://www.pilotonline.com/2024/07/01/trump-seeks-to-set-aside-new-york-hush-money-verdict-hours-after-supreme-court-ruling/ Tue, 02 Jul 2024 01:37:30 +0000 https://www.pilotonline.com/?p=7241094&preview=true&preview_id=7241094 Former President Donald Trump’s lawyers have asked the New York judge who presided over his hush money trial to set aside his conviction and delay his sentencing, scheduled for next week.

The letter to Judge Juan M. Merchan cited the U.S. Supreme Court’s ruling earlier Monday and asked the judge to delay Trump’s sentencing while he weighs the high court’s decision and how it could influence the New York case, according to the letter obtained by The Associated Press.

The lawyers argue that the Supreme Court’s decision confirmed a position the defense raised earlier in the case that prosecutors should have been precluded from introducing some evidence they said constituted official presidential acts, according to the letter.

In prior court filings, Trump contended he is immune from prosecution for conduct alleged to involve official acts during his tenure in office. His lawyers did not raise that as a defense in the hush money case, but they argued that some evidence — including Trump’s social media posts about former lawyer Michael Cohen — comes from his time as president and should have been excluded from the trial because of immunity protections.

The Manhattan district attorney’s office declined to comment Monday night.

The Supreme Court on Monday ruled for the first time that former presidents have broad immunity from prosecution, extending the delay in the Washington criminal case against the Republican ex-president on charges he plotted to overturn his 2020 election loss.

Trump was convicted in New York of 34 counts of falsifying business records, arising from what prosecutors said was an attempt to cover up a hush money payment to a porn actor just before the 2016 presidential election. He is scheduled to be sentenced in the hush money case on July 11.

Merchan instituted a policy in the run-up to the trial requiring both sides to send him a one-page letter summarizing their arguments before making longer court filings. He said he did that to better manage the docket, so he was not inundated with voluminous paperwork.

In denying Trump’s bid to move the trial from New York state court to federal court last year, a federal judge found that the allegations at the center of the case pertained to Trump’s personal life and do not “reflect in any way the color of the President’s official duties.”

“The evidence overwhelmingly suggests that the matter was a purely a personal item of the President — a cover-up of an embarrassing event,” U.S. District Judge Alvin K. Hellerstein wrote in the ruling.

Sisak contributed from Fort Pierce, Florida.

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7241094 2024-07-01T21:37:30+00:00 2024-07-02T07:55:05+00:00
Donald Trump’s lawyers press judge to lift gag order in wake of ex-president’s felony conviction https://www.pilotonline.com/2024/06/12/donald-trumps-lawyers-press-judge-to-lift-gag-order-in-wake-of-ex-presidents-felony-conviction/ Wed, 12 Jun 2024 21:56:51 +0000 https://www.pilotonline.com/?p=7207577&preview=true&preview_id=7207577 NEW YORK (AP) — Donald Trump’s lawyers are amplifying their calls to end the gag order that bars the former president from commenting about witnesses, jurors and others tied to the Manhattan criminal trial that ended in his conviction last month for falsifying records to cover up a potential sex scandal.

In a court filing made public Wednesday, Trump’s lawyers urged Judge Juan M. Merchan to end what they deemed an “extraordinary, unprecedented, and unwarranted restriction” on the presumptive Republican presidential nominee’s free speech rights.

The 23-page defense filing reiterated arguments Trump lawyers Todd Blanche and Emil Bove made days after Trump’s May 30 guilty verdict in a letter they sent to Merchan seeking to lift the gag order. They contend the restrictions should have been rescinded after the verdict.

Prosecutors have suggested keeping that the gag order in effect at least until Trump’s sentencing on July 11, saying it’s necessary “to protect the integrity of these proceedings and the fair administration of justice.”

Merchan issued the gag order on March 26, a few weeks before the start of the trial, after prosecutors raised concerns about Trump’s propensity to assail people involved in his cases. Merchan later expanded it to bar comments about his own family after Trump made social media posts attacking the judge’s daughter, a Democratic consultant.

Comments about Merchan and District Attorney Alvin Bragg are allowed, but the gag order bars statements about court staff and members of Bragg’s prosecution team.

Blanche and Bove argued that leaving the gag order in place is unconstitutionally restricting Trump’s ability to respond to rivals and critics, including President Joe Biden’s comments in the wake of the verdict and continued public criticism from his ex-lawyer Michael Cohen and porn actor Stormy Daniels, both key prosecution witnesses. Trump and Biden are scheduled to debate on June 27.

“Trump’s opponents and adversaries are using the Gag Order as a political sword to attack President Trump with reference to this case, on the understanding that his ability to mount a detailed response is severely restricted by the Gag Order,” Blanche and Bove wrote.

Trump was convicted of 34 counts of falsifying business records arising from what prosecutors said was an attempt to cover up a hush money payment to Daniels just before the 2016 presidential election. She claims she had a sexual encounter with Trump a decade earlier, which he denies.

His conviction is punishable by up to four years behind bars, but prosecutors have not said if they would seek incarceration and it’s not clear if Merchan would impose such a sentence. Other options include a fine or probation.

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7207577 2024-06-12T17:56:51+00:00 2024-06-12T19:28:36+00:00
Prosecutors want Donald Trump to remain under a gag order at least until he’s sentenced July 11 https://www.pilotonline.com/2024/06/05/prosecutors-want-donald-trump-to-remain-under-a-gag-order-at-least-until-hes-sentenced-july-11/ Wed, 05 Jun 2024 16:01:59 +0000 https://www.pilotonline.com/?p=7189382&preview=true&preview_id=7189382 By MICHAEL R. SISAK (Associated Press)

NEW YORK (AP) — Manhattan prosecutors urged a judge Wednesday to keep Donald Trump ’s gag order in place in his hush money criminal case at least until the former president is sentenced in July, opposing a defense request that the restrictions be lifted following his felony convictions last week.

Assistant District Attorney Matthew Colangelo told Judge Juan M. Merchan in a letter that the Manhattan DA’s office opposes any immediate termination of the gag order, which bars Trump from commenting about witnesses, jurors and others tied to the case — but not the judge himself.

The court “has an obligation to protect the integrity of these proceedings and the fair administration of justice at least through the sentencing hearing and the resolution of any post-trial motions,” Colangelo wrote.

On Tuesday, Trump lawyers Todd Blanche and Emil Bove had asked Merchan to end the gag order, arguing there was nothing to justify “continued restrictions on the First Amendment rights of President Trump” now that the trial is over.

In issuing the gag order in March, Merchan noted that prosecutors had sought it “for the duration of the trial.” Colangelo argued, however, that the order was “based not only on the need to avoid threats to the fairness of the trial itself” but also the judge’s “obligation to prevent actual harm to the integrity” of the case.

Colangelo said prosecutors favor having both sides submit written arguments to the court on the gag order issue in the next few weeks — a step that, if Merchan agrees, would keep the restrictions in place at least until nearly the end of the month.

A message seeking comment was left for Blanche.

Trump was convicted last Thursday of 34 counts of falsifying business records arising from what prosecutors said was an attempt to cover up a hush money payment to porn actor Stormy Daniels just before the 2016 presidential election. She claims she had a sexual encounter with Trump a decade earlier, which he denies.

Trump is scheduled to be sentenced July 11. His conviction is punishable by up to four years behind bars, but prosecutors have not said if they would seek incarceration and it’s not clear if Merchan would impose such a sentence. Other options include a fine or probation.

Blanche and Bove argued in their letter Tuesday that Trump is entitled to “unrestrained campaign advocacy” in light of President Joe Biden’s public comments about the verdict last Friday, and continued public criticism of Trump by his ex-lawyer Michael Cohen and Daniels, both key prosecution witnesses.

Trump’s lawyers also contend the gag order must go away so he’s free to fully address the case and his conviction with the first presidential debate scheduled for June 27.

Merchan issued Trump’s gag order on March 26, a few weeks before the start of the trial, after prosecutors raised concerns about the presumptive Republican presidential nominee’s propensity to assail people involved in his cases.

Merchan later expanded it to prohibit comments about his own family after Trump made social media posts attacking the judge’s daughter, a Democratic political consultant. Comments about Merchan and District Attorney Alvin Bragg are allowed, but the gag order bars statements about court staff and members of Bragg’s prosecution team.

Trump has continued to operate somewhat under the idea that he’s still muzzled, telling reporters Friday at Trump Tower: “I’m under a gag order, nasty gag order.”

Referring to Cohen, Trump said, “I’m not allowed to use his name because of the gag order” before slamming his lawyer-turned-courtroom foe as “a sleazebag.”

During the trial, Merchan held Trump in contempt of court, fined him $10,000 for violating the gag order and threatened to put him in jail if he did it again.

Trump’s use of the term “sleazebag” to describe Cohen just before the trial rankled prosecutors, but was not considered a gag order violation by the judge. Merchan declined to sanction Trump for an April 10 social media post, which referred to Cohen and Daniels by that insult.

The judge said at the time that Trump’s contention that he was responding to previous posts by Cohen that were critical of him “is sufficient to give” him pause on whether prosecutors met their burden in demonstrating that the post was out of bounds.

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7189382 2024-06-05T12:01:59+00:00 2024-06-05T12:39:59+00:00
Guilty: Trump becomes first former US president convicted of felony crimes https://www.pilotonline.com/2024/05/30/guilty-trump-becomes-first-former-us-president-convicted-of-felony-crimes/ Thu, 30 May 2024 04:02:34 +0000 https://www.pilotonline.com/?p=7167375&preview=true&preview_id=7167375 By MICHAEL R. SISAK, JENNIFER PELTZ, ERIC TUCKER, JILL COLVIN and MICHELLE L. PRICE (Associated Press)

NEW YORK (AP) — Donald Trump became the first former American president to be convicted of felony crimes Thursday as a New York jury found him guilty of all 34 charges in a scheme to illegally influence the 2016 election through a hush money payment to a porn actor who said the two had sex.

Trump sat stone-faced while the verdict was read as cheering from the street below could be heard in the hallway on the courthouse’s 15th floor where the decision was revealed after more than nine hours of deliberations.

“This was a rigged, disgraceful trial,” an angry Trump told reporters after leaving the courtroom. “The real verdict is going to be Nov. 5 by the people. They know what happened, and everyone knows what happened here.”

Judge Juan M. Merchan set sentencing for July 11, just days before the Republican National Convention in Milwaukee, where GOP leaders, who remained resolute in their support in the aftermath of the verdict, are expected to formally make him their nominee.

The verdict is a stunning legal reckoning for Trump and exposes him to potential prison time in the city where his manipulations of the tabloid press helped catapult him from a real estate tycoon to reality television star and ultimately president. As he seeks to reclaim the White House in this year’s election, the judgment presents voters with another test of their willingness to accept Trump’s boundary-breaking behavior.

Trump is expected to appeal the verdict and will face an awkward dynamic as he returns to the campaign trail tagged with convictions. There are no campaign rallies on the calendar for now, though he traveled Thursday evening to a fundraiser in Manhattan that was planned before the verdict, according to three people familiar with his plans who were note authorized to speak publicly.

He’s expected to appear Friday at Trump Tower and will continue fundraising next week. His campaign was already moving quickly to raise money off the verdict, issuing a pitch that called him a “political prisoner.”

The falsifying business records charges carry up to four years behind bars, though Manhattan District Attorney Alvin Bragg would not say Thursday whether prosecutors intend to seek imprisonment, and it is not clear whether the judge — who earlier in the trial warned of jail time for gag order violations — would impose that punishment even if asked.

The conviction, and even imprisonment, will not bar Trump from continuing his White House pursuit.

Trump faces three other felony indictments, but the New York case may be the only one to reach a conclusion before the November election, adding to the significance of the outcome. Though the legal and historical implications of the verdict are readily apparent, the political consequences are less so given its potential to reinforce rather than reshape already hardened opinions about Trump.

For another candidate in another time, a criminal conviction might doom a presidential run, but Trump’s political career has endured through two impeachments, allegations of sexual abuse, investigations into everything from potential ties to Russia to plotting to overturn an election, and personally salacious storylines, including the emergence of a recording in which he boasted about grabbing women’s genitals.

The case’s general allegations have also been known to voters for years and, while tawdry, are widely seen as less grievous than the allegations he faces in three other cases that charge him with subverting American democracy and mishandling national security secrets.

Ahead of the verdict, Trump’s campaign had argued that, no matter the jury’s decision, the outcome was unlikely to sway voters and that the election would be decided by issues such as inflation.

Even so, the verdict is likely to give President Joe Biden and fellow Democrats space to sharpen arguments that Trump is unfit for office, though the White House offered only a muted statement that it respected the rule of law. Conversely, the decision will provide fodder for the presumptive Republican nominee to advance his unsupported claims that he is victimized by a criminal justice system he insists is politically motivated against him.

Trump maintained throughout the trial that he had done nothing wrong and that the case should never have been brought, railing against the proceedings from inside the courthouse — where he was joined by a parade of high-profile Republican allies — and racking up fines for violating a gag order with inflammatory out-of-court comments about witnesses.

After the verdict, Trump lawyer Todd Blanche said in television news interviews that he did not believe Trump received a fair trial and that the team would appeal based on the judge’s refusal to recuse himself and because of what he suggested was excessive pretrial publicity.

Republicans showed no sign of loosening their embrace of the party leader, with House Speaker Mike Johnson lamenting what he called “a shameful day in American history.” He called the case “a purely political exercise, not a legal one.”

The first criminal trial of a former American president always presented a unique test of the court system, not only because of Trump’s prominence but also because of his relentless broadsides on the foundation of the case and its participants. But the verdict from the 12-person jury marked a repudiation of Trump’s efforts to undermine confidence in the proceedings or to potentially impress the panel with a show of GOP support.

“While this defendant may be unlike any other in American history, we arrived at this trial and ultimately today in this verdict in the same manner as every other case that comes through the courtroom doors, by following the facts and the law and doing so without fear or favor,” Bragg said after the verdict.

The trial involved charges that Trump falsified business records to cover up a hush money payment to Stormy Daniels, the porn actor who said she had sex with the married Trump in 2006.

The $130,000 payment came from Trump’s former lawyer and personal fixer Michael Cohen to buy Daniels’ silence during the final weeks of the 2016 race in what prosecutors allege was an effort to interfere in the election. When Cohen was reimbursed, the payments were recorded as legal expenses, which prosecutors said was an unlawful attempt to mask the true purpose of the transaction.

Trump’s lawyers contend they were legitimate payments for legal services. He denied the sexual encounter, and his lawyers argued at trial that his celebrity status made him an extortion target.

Defense lawyers also said hush money deals to bury negative stories about Trump were motivated by personal considerations such as the impact on his family, not political ones. They also sought to undermine the credibility of Cohen, the star prosecution witness who pleaded guilty in 2018 to federal charges related to the payments, by suggesting he was driven by personal animus toward Trump and fame and money.

The trial featured weeks of occasionally riveting testimony that revisited an already well-documented chapter from Trump’s past. His 2016 campaign, threatened by the disclosure of an “Access Hollywood” recording that captured him talking about grabbing women sexually without their permission, also faced the prospect of other stories about Trump and sex surfacing that could have harmed his candidacy.

Trump did not testify, but jurors heard his voice through a secret recording of a conversation with Cohen in which he and the lawyer discussed a $150,000 hush money deal involving a Playboy model, Karen McDougal, who has said she had an affair with Trump. Trump denies that affair.

Daniels herself testified, offering a vivid recounting of the sexual encounter she says they had in a Lake Tahoe hotel suite. The former publisher of the National Enquirer, David Pecker, testified about how he worked to keep stories harmful to the Trump campaign from becoming public at all, including by having his company buy McDougal’s story.

Jurors also heard from Keith Davidson, the lawyer who negotiated the hush money payments on behalf of Daniels and McDougal. He detailed the tense negotiations to get both women compensated for their silence but also faced aggressive questioning from a Trump attorney who noted Davidson had helped broker similar hush money deals in cases involving other prominent figures.

The most pivotal witness, by far, was Cohen, who during days of testimony gave an insider’s view of the hush money scheme and what he said was Trump’s detailed knowledge of it.

“Just take care of it,” he quoted Trump as saying.

He offered jurors the most direct link between Trump and the heart of the charges, recounting a meeting in which a plan to have Cohen reimbursed in monthly installments for legal services was discussed.

And he emotionally described his dramatic break with Trump in 2018, when he began cooperating with prosecutors after a decade-long career as the then-president’s personal fixer.

“To keep the loyalty and to do the things that he had asked me to do, I violated my moral compass, and I suffered the penalty, as has my family,” Cohen said.

The case, though criticized by some legal experts who called it the weakest of the prosecutions against Trump, took on added importance not only because it proceeded to trial first but also because it could be the only only one to reach a jury before the election.

The other three — local and federal cases in Atlanta and Washington alleging that he conspired to overturn the 2020 election, as well as a federal indictment in Florida charging him with illegally hoarding top-secret records — are bogged down by delays or appeals.

____

Associated Press journalists Ruth Brown, Joseph B. Frederick, John Minchillo, Mary Conlon, Ted Shaffrey, Cedar Attanasio, Julie Walker, Seth Wenig and Julia Nikhinson in New York and Alanna Durkin Richer in Washington contributed to this report.

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Jurors in Trump hush money trial end 1st day of deliberations after asking to rehear testimony https://www.pilotonline.com/2024/05/29/jurors-in-trump-hush-money-trial-end-1st-day-of-deliberations-after-asking-to-rehear-testimony/ Wed, 29 May 2024 04:03:54 +0000 https://www.pilotonline.com/?p=7164092&preview=true&preview_id=7164092 By MICHAEL R. SISAK, JENNIFER PELTZ, ERIC TUCKER and MICHELLE L. PRICE (Associated Press)

NEW YORK (AP) — The jury in Donald Trump’s hush money trial ended its first day of deliberations without a verdict Wednesday but asked to rehear potentially crucial testimony about the alleged hush money scheme at the heart of the history-making case.

The 12-person jury was sent home around 4 p.m. after about 4 1/2 hours of deliberations. The process is to resume Thursday.

Jurors also asked to rehear at least part of the judge’s instructions meant to guide them on the law. The notes sent to the judge with the requests were the first burst of communication with the court after the panel of seven men and five women was sent to a private room just before 11:30 a.m. to begin weighing a verdict.

“It is not my responsibility to judge the evidence here. It is yours,” Judge Juan M. Merchan told jurors earlier in the day before dispatching them to begin deliberations, reminding them of their vow during the selection process to judge the case fairly and impartially.

It’s unclear how long the deliberations will last. A guilty verdict would deliver a stunning legal reckoning for the presumptive Republican presidential nominee as he seeks to reclaim the White House while an an acquittal would represent a major win for Trump and embolden him on the campaign trail. Since verdicts must be unanimous, it’s also possible that the case ends in a mistrial if the jury can’t reach a consensus after days of deliberations.

Trump struck a pessimistic tone after leaving the courtroom following the reading of jury instructions, repeating his assertions of a “very unfair trial” and saying: “Mother Teresa could not beat those charges, but we’ll see. We’ll see how we do.”

He remained inside the courthouse during deliberations, where he made a series of posts on his social media network complaining about the trial and quoting legal and political commentators who view the case in his favor. In one all-capital-letters post, he proclaimed that he didn’t even “know what the charges are in this rigged case,” even though he was present in the courtroom as the judge detailed them to jurors.

Trump is charged with 34 counts of falsifying business records at his company in connection with an alleged scheme to hide potentially embarrassing stories about him during his 2016 Republican presidential election campaign.

The charge, a felony, arises from reimbursements paid to then-Trump lawyer Michael Cohen after he made a $130,000 hush money payment to porn actor Stormy Daniels to silence her claims that she and Trump had sex in 2006. Trump is accused of misrepresenting Cohen’s reimbursements as legal expenses to hide that they were tied to a hush money payment.

Trump has pleaded not guilty and contends the Cohen payments were for legitimate legal services. He has also denied the alleged extramarital sexual encounter with Daniels.

To convict Trump, the jury would have to find unanimously that he created a fraudulent entry in his company’s records, or caused someone else to do so, and that he did so with the intent of committing or concealing another crime.

The crime prosecutors say Trump committed or hid is a violation of a New York election law making it illegal for two or more conspirators “to promote or prevent the election of any person to a public office by unlawful means.”

While the jury must unanimously agree that something unlawful was done to promote Trump’s election campaign, they don’t have to be unanimous on what that unlawful thing was.

The jurors — a diverse cross-section of Manhattan residents and professional backgrounds — often appeared riveted by testimony in the trial, including from Cohen and Daniels. Many took notes and watched intently as witnesses answered questions from Manhattan prosecutors and Trump’s lawyers.

Jurors started deliberating after a marathon day of closing arguments in which a prosecutor spoke for more than five hours, underscoring the burden the district attorney’s office faces in needing to establish Trump’s guilt beyond a reasonable doubt.

The Trump team need not establish his innocence to avoid a conviction but must instead bank on at least one juror finding that prosecutors have not sufficiently proved their case.

Earlier Wednesday, the jury received instructions in the law from Merchan, who offered some guidance on factors the panel can use to assess witness testimony, including its plausibility, its consistency with other testimony, the witness’ manner on the stand and whether the person has a motive to lie.

But, the judge said, “there is no particular formula for evaluating the truthfulness and accuracy of another person’s statement.”

The principles he outlined are standard but perhaps all the more relevant after Trump’s defense leaned heavily on questioning the credibility of key prosecution witnesses, including Cohen.

Jurors asked to rehear testimony from Cohen and former National Enquirer publisher David Pecker about an August 2015 meeting with Trump at Trump Tower where the tabloid boss agreed to be the “eyes and ears” of his fledgling presidential campaign.

Pecker testified that the plan included identifying potentially damaging stories about Trump so they could be squashed before being published. That, prosecutors say, was the beginning of the catch-and-kill scheme at the heart of the case.

Jurors also want to hear Pecker’s account of a phone call he said he received from Trump in which they discussed a rumor that another outlet had offered to buy former Playboy model Karen McDougal’s alleging that she had a yearlong affair with Trump in the mid-2000s. Trump has denied the affair.

Pecker testified that Trump told him, “Karen is a nice girl” and asked, “What do you think I should do?” Pecker said he replied: “I think you should buy the story and take it off the market.” He added that Trump told him he doesn’t buy stories because it always gets out and that Cohen would be in touch.

The publisher said he came away from the conversation thinking Trump was aware of the specifics of McDougal’s claims. Pecker said he believed the story was true and would have been embarrassing to Trump and his campaign if it were made public.

The National Enquirer’s parent company, American Media Inc., eventually paid McDougal $150,000 for the rights to her story in an agreement that also included writing and other opportunities with its fitness magazine and other publications.

The fourth item jurors requested is Pecker’s testimony about his decision in October 2016 to back out of an agreement to sell the rights to McDougal’s story to Trump through a company Cohen had established for the transaction, known as an “assignment of rights.”

“I called Michael Cohen, and I said to him that the agreement, the assignment deal is off. I am not going forward. It is a bad idea, and I want you to rip up the agreement,” Pecker testified. “He was very, very, angry. Very upset. Screaming, basically, at me.”

Pecker testified that he reiterated to Cohen that he wasn’t going forward with the agreement.

He said that Cohen told him: “The boss is going to be very angry at you.”

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Follow the AP’s coverage of former President Donald Trump at https://apnews.com/hub/donald-trump.

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