Last Call For Trump Cards, Con't

Donald Trump's lawyers have successfully derailed NY AG Tish James's state civil bank fraud case by counter-suing the presiding judge and getting a state appellate judge to block the trial for now.

An appellate judge has taken the remarkable step of hitting pause on the New York Attorney General’s upcoming bank fraud trial against Donald Trump—granting the former president’s request in a surprise hearing on Thursday that was closed off to the public.

Now, a full five-judge appellate panel is set to make a decision that could fundamentally alter the case on the eve of trial. And if they take longer than a few days, it will delay the trial altogether.

Appellate Justice David Friedman’s rapid decision—following a brief 3:45 p.m. virtual hearing—acquiesced Trump’s frantic last-minute attempt to derail a trial that threatens to destroy his corporate empire. The former president’s lawyers have turned the heat on the judge overseeing this case—by suing him directly.

Trump was represented by Florida attorney Christopher Kise, according to court employee conversations overheard by this reporter. According to paperwork obtained by The Daily Beast, three lawyers from the AG’s office were also present at the virtual hearing.

Shortly after the appellate judge’s decision, Attorney General Letitia James released a statement, saying, “We are confident in our case and will be ready for trial.”

In an emergency court filing Thursday morning, attorneys for the former president and his associates cited an “urgency” that required New York’s higher courts to step in. They want an appellate judge to commence an “Article 78 special proceeding” against Justice Arthur F. Engoron, one that would force him to decimate a case brought by the AG.

“Although he has yet to perform his lawful duty, Justice Engoron plans to proceed with the trial of the Attorney General’s claims on October 2, 2023—just nineteen days from the date of this petition,” attorneys Clifford S. Robert and Michael Madaio wrote.

It’s a rare move of aggression—particularly this close to trial, which was set to start on Oct. 2. But this has become Trump’s preferred strategy in recent months, a far-fetched gamble he’s currently trying against federal judges in Washington and West Palm Beach who remain utterly unswayed by his relentless attempts to violate their orders and delay cases.

Trump’s lawyers filed a case before New York’s First Department appellate court, which has repeatedly weighed in on this Trump case and many others originating from Manhattan.

Thursday’s court filing claims Engoron and James are both acting to defy appellate orders that could narrow the AG’s behemoth bank fraud lawsuit, putting the judge in the awkward position of having to use lawyers to defend himself alongside the AG. He is expected to be represented by the local court administration’s own lawyers.

Trump’s legal team says Engoron is overstepping his authority, and they want an appellate judge to put him in his place. It’s the latest escalation against the trial court judge, who has increasingly grown tired of their delay antics.

This summer, a state appellate court ordered Engoron to figure out which real estate deals by the Trump Organization are too old for the AG to examine for potential bank and insurance fraud. The judge has yet to draw a cutoff, even though he is expected to do so in the coming days.

But Team Trump can’t wait, and they’re itching to use this as a method to push back the trial. When they requested a three-week delay, Engoron immediately shot that down.

In Thursday’s court filing, the Trump lawyers complained about the way Engoron was “terse” in his curt, nine-word order in which he simply wrote, “Decline to sign; Defendants’ arguments are completely without merit.”

They argued that the judge’s “summary rejection… demonstrates he has no intent to do so and deems the notion that he is bound by this court’s mandate to be ‘completely without merit,’” framing Engoron’s decision as an act of defiance.

The defense lawyers represent the former president, his sons Don Jr. and Eric, Trump Organization executives Allen Weisselberg and Jeffrey McConney, and various corporate entities.

The judge who made the decision to halt the trial, Friedman, has reputation as a tough-on-crime judge who was appointed by Republican New York Gov. George Pataki in 1999.

 

Trump's lawyers found the Republican state judge they needed and got the delay they wanted. Every day Trump can delay justice, he can deny justice by getting closer to a second term. And Trump being able to get a judge in New York to agree with the notion of "I'm suing the judge trying my case because HE'S A MEANIE AND TRYING MY CASE" is something you or I would be laughed out of the courtroom for filing, along with sanctions against your defense lawyer.

 

Delay any court trial for as long as possible until you can get a higher court to kill the case is working, at least for now. Run out the clock until January 20, 2025. It's a lot of clock, and a lot of things have to go Trump's way, including an election win.

But for now, it's working. How long he can skate on monomolecular ice, we'll see.

Hunting The Hunter, Con't

The weird legal saga of Hunter Biden continues, as Special Counsel David Weiss is now charging the President's son with felony gun possession.

 

President Joe Biden's son Hunter Biden has been indicted by special counsel David Weiss on felony gun charges.

The charges bring renewed legal pressure on the younger Biden after a plea agreement he struck with prosecutors imploded in recent months.

The younger Biden has been charged with two counts related to false statements in purchasing the firearm and a third count on illegally obtaining a firearm while addicted to drugs. The three charges carry a maximum prison sentence of 25 years, when added together.

Prosecutors have spent years scrutinizing Hunter Biden's business endeavors and personal life -- a probe that appeared to culminate in a plea agreement the two sides struck in June, which would have allowed him to plead guilty to a pair of misdemeanor tax offenses and enter into a pretrial diversion program to avoid prosecution on a felony gun charge.

But that deal fell apart during a court hearing in July after U.S. Judge Maryellen Noreika expressed concern over the structure of the agreement and questioned the breadth of an immunity deal, exposing fissures between the two parties.


Weeks later, on Aug. 11, Attorney General Merrick Garland elevated Weiss, who was originally appointed by then-President Donald Trump, to special counsel, granting him broader authority to press charges against Hunter Biden in any district in the country.

Prosecutors subsequently informed the court that a new round of negotiations had reached "an impasse," and attorneys for Hunter Biden accused Weiss' office of "reneging" on their agreement.

 

So yeah, 25 years in federal prison is no joke, but as Marcy Wheeler wrote over the weekend, Weiss may not have the slam dunk case that he thinks he does.

There’s something missing from coverage of the claim, made in the second-to-last sentence of a Speedy Trial filing submitted Wednesday, that David Weiss will indict Hunter Biden before September 29, when — according to calculations laid out by prosecutor Leo Wise in the filing — the Speedy Trial Act mandates an indictment.

None of the coverage has considered why David Weiss hasn’t already charged the President’s son.

The filing was submitted in response to an August 31 order from Judge Maryellen Noreika; its very last sentence politely asked her to butt out: “[T]he Government does not believe any action by the Court is necessary at this time.” Given the unusual nature of this legal proceeding, there may at least be question about Wise’s Speedy Trial calculations. One way or another, though, the Speedy Trial clock and the statute of limitations (which Wise said in July would expire on October 12) are ticking.

It would take probably half an hour to present the evidence for the weapons charge — which would consist of the form Hunter signed to purchase a gun, passages from Hunter’s book, a presumed grand jury transcript from Hallie Biden, and testimony from an FBI agent — to a grand jury. It would take maybe another ten minutes if Weiss wanted to add a false statements charge on top of the weapons charge. There certainly would be no need for a special grand jury.

Any tax charges would be more complicated, sure, but they would be in one or another district (probably Los Angeles), ostensibly severed from the weapons charge to which the misdemeanors planned as part of an aborted plea deal were linked.

So why wait? Why not simply indict and avoid any possible challenge to Speedy Trial calculations?

The answer may lie in something included in a long NYT story citing liberally from an anonymous senior law enforcement official who knew at least one thing that only David Weiss could know. That story explains that Weiss sought Special Counsel status, in part, to get, “added leverage in a revamped deal with Mr. Biden.”

If Weiss indeed sought Special Counsel status to get leverage for a deal, then at least last month when he asked for it, he wasn’t really planning on indicting Hunter Biden. He was hoping to get more tactical leverage to convince Hunter Biden to enter into a plea agreement that would better satisfy GOP bloodlust than the plea that failed in July.

Now he has used the opportunity presented by Noreika’s order to claim he really really is going to indict Hunter, a claim that set off predictably titillated reporting about the prospect of a Hunter Biden trial during the presidential election.

Again, if you’re going to charge Hunter Biden with a simple weapons charge, possibly a false statements charge, why not do it already, rather than threatening to do it publicly? Why not charge him in the week after Noreika entered that order, mooting all Speedy Trial concerns?

Whatever Weiss's game is, he's moving ahead now. Why he didn't do so before, well, we'll find out.

Gearing Up For A Strike

The United Auto Workers union went on a targeted strike this morning as the Year of the Strike continues. The Biden administration may have been able to deal with rail workers and UPS employees and get favorable deals for workers, but Hollywood writers, directors and actors are still on the picket lines, and now auto workers are joining the fray.

As the United Auto Workers union is poised to go on a targeted strike against Detroit’s three biggest automakers at midnight Friday morning, Biden administration officials are preparing economic measures to protect suppliers to the auto industry from long-term damage, according to three people aware of internal conversations.

While the administration is not expected to intervene in a strike, Biden aides are worried that a protracted walkout could wipe out the thousands of suppliers that depend on business from the three key automakers, Ford, General Motors and Stellantis, said the people, who spoke on the condition of anonymity to describe private deliberations. Widespread failure of these smaller supplier firms — which number as many as 5,600 — could impede the broader U.S. auto supply chain even after the possible strike ends, according to the people.

It is unclear what form the aid would take, but one option would be for the Labor Department to provide grants to assist workers at firms affected by a strike, two of the people said. Another option could be for the Small Business Administration to provide favorable loans to these firms. The discussions about these measures are preliminary, and talks remain fluid.

“The administration wants to be sure to do what it can to protect the Detroit supply chains,” one administration ally said. This person also spoke on the condition of anonymity to describe private conversations. “They have to worry about how some of the less well-capitalized firms could be at risk.”

A White House spokeswoman declined to comment on any internal planning.

 

It took the rail workers six months to get their sick day demands met even with Congress and the White House ordering rail workers back to work and breaking the strike. The Biden administration was able to avert a UPS strike last month. So we'll see how long this strike lasts.

But yes, striking by a vast majority of US workers is necessary at this point.