Donald Trump Sentenced In New York Hush Money Case!
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So, guys, welcome to the stream.
Welcome to the stream.
I'm gonna...
Let me go ahead and get...
Because we're gonna be reacting to a video.
Because I want you guys to...
Yes?
I want you guys to, like, kind of understand this case.
So you guys under...
Then we'll get into the sentencing and how we even got here, right?
So...
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Oh, what the f-- oh, man.
Hold on.
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Oh.
My bad, Chad.
Hold on.
My bad, man.
What the fuck is this shit?
I'm ending something.
But you know what?
Fuck it.
I'll fix this shit after.
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So, okay, with that said, what we're going to do here, guys, is we're going to watch this video because I don't think a lot of you guys are familiar with the actual facts of this case.
So we're going to...
We're gonna go ahead and watch this video.
This is from Legal Eagle.
Trump...
Oh, my bad.
Let me get my mug out the way.
He's kind of a hater of Trump, but finally...
And then I think he had...
Let me...
Let me duplicate this.
all right so so why is he guilty Well, we know that's bullshit anyway.
And then this one...
Which indictment is this one?
He's the first ex-president charged with a crime.
Or as Trump put it, he has been indicated.
Indicated with 34 felony counts of...
Alright, well watch this one because I think this one actually goes over the case.
Like, the facts of the case.
So...
And then if we have time, we'll watch the other one too.
And then we'll get into what went down today.
Because I think for you guys to understand this, you guys have to kind of know the facts of the original case versus what's happened today where he got sentenced.
And we're going to spin all this back together.
And I've actually covered this case on FedReacts like twice, guys.
If you watch FedReacts, you guys already know that we covered all of Trump's criminal cases.
case actually we've covered them on fed reacts but obviously i'm on fresh air right now uh on both rumble and youtube so you guys probably might have not seen it so just a refresher for the memory because this shit happened almost damn near a year ago falsifying business records in the first degree now as we'll talk about later And I think it's also important for you guys to understand that this was the first case where Trump was actually arrested in a criminal investigation and the first time that a U.S. president or former U.S. president has ever been arrested at all.
So Trump is the first president to get arrested and indicted.
By a grand jury, right?
And the agency that ran this, it was basically the state of NY that prosecuted him for this.
It wasn't the Fed case.
This was only one of the four different cases he had.
It was the New York case, the Georgia case, both state.
Then he had a case out of Washington, D.C. That was federal.
Then he had a case out of South Florida in West Palm Beach.
That was federal as well.
A number of felony counts is not a good proxy for the seriousness of the crimes, especially here where it looks like everything relates to the same nexus of facts.
But first things first, this is the first time in history that a former president of the United States has been indicted, although it's worth remembering that the justice system actually frequently holds elected officials accountable.
Vice presidents have been charged with breaking the law.
Governors, congresspeople, mayors, and all sorts of other politicians have all gone to prison for committing crimes because in America, no one is supposed to be above the law.
Of course, if you live outside of Illinois, your odds get way better.
Nevertheless, Trump posted that he was shocked that he was treated like some regular Joe.
He posted, Though Trump did get a little special treatment because he was allowed to forego the usual perp walk and mugshot, which anyone else would have had to go through.
But the timing of the indictment caught most...
And you guys already know, New York loves to do their fucking purpose.
If you guys don't believe me, remember Luigi Mangione?
When they arrested him a couple weeks ago?
Meeting him at the fucking...
Taking him off a helicopter and shit.
Remember that shit, guys?
New York loves to do their fucking perp walks, but in this one they didn't.
Obviously it's a security issue, right?
Because you can't perp walk the fucking former President of the United States.
He has a Secret Service detail that he's with.
Most people by surprise.
News sources had just reported that the grand jury was going on hiatus until May without indicting Trump.
So, score one for the confidentiality of the grand jury system.
But now that Trump has been arrested, arraigned, and released on bond, the indictment and statement of facts are public, so let's think like a lawyer and break it all down.
Now, Donald Trump has been indicted for 34 counts of falsifying business records.
And during our last video about the New York case, we discussed the possible facts that would give rise to an indictment for falsifying records.
Every New York business is required to keep certain business records, and New York Penal Law, Section 175.10, makes it a crime to delete, alter, or make a false entry in the business records of an enterprise with the intent to defraud.
To get a conviction for falsifying business records, the government must prove that Trump either made or caused someone else to make a false entry to his company's business records.
And a defendant who requests that someone else do the actual work of recording a false business record is just as criminally liable as if they did it themselves.
Now, according to the Manhattan DA's indictment and the attendant statement of facts, the DA is alleging the following facts.
The record's concerned A catch and kill scheme with AMI, the parent company of the National Enquirer.
The idea was that the National Enquirer would help Trump win the presidential election by finding negative stories about him and then buying the rights to those stories.
The plan was for AMI to then conceal those stories rather than publicizing them.
According to the New York indictment, the scheme went from August of 2015 to December of 2017. The first one was to pay off a doorman who worked at Trump Tower.
The man claimed to have a story about Trump having a secret love child and AMI paid him $30,000 to keep quiet.
The statement of facts says, quote, AMI purchased the information from the doorman without fully investigating his claims, but AMI CEO David Pecker directed that the deal take place because of his agreement with Trump and Michael Cohen.
The party subsequently decided that they thought the doorman was lying.
The second incident involved playboy bunny Karen McDougal, who the statement of facts refers to as woman number one.
AMI arranged to pay McDougal $150,000 in exchange for the right to her story about an alleged affair with Trump.
AMI told McDougal that she would get to write articles.
As we discussed in our last video, link below, AMI CEO David Pecker had a conversation with his lawyer about the scheme and promptly backed out of the deal.
AMI entered into a non-prosecution agreement with the New York DA where it admitted to unlawful conduct including making false business records to conceal the purpose of the $150,000 payment to McDougal.
Now that being said, the doorman and McDougal payments don't seem to be part of this indictment because they're outside of the five-year statute of limitations.
And although Pecker and AMI stopped participating directly in exchange of money, they continued to broker deals for Trump, including facilitating the settlement of the Stormy Daniels payment.
David Pecker allegedly told the grand jury that he brokered an NDA between Daniels and Cohen.
"Shortly after the Access Hollywood tape became public, the AMI editor-in-chief Dylan Now, Stormy Daniels is going to be the center of this, guys.
Keep that name in mind, right?
What do we see here?
We see that during Trump's campaign, he was focusing on trying to mitigate any type of bad press that might come his way, that might hurt his chance of becoming president.
And, you know, we're talking about the National Choir.
But the big thing to focus on, guys, is Stormy Daniels.
She's a porn star.
She met Trump, I believe, in 2006. And the Hollywood tape that they're talking about, that's when he said, he famously said, grab her by the pussy.
While he was married, Pecker told Howard to notify Michael Cohen.
Dylan Howard testified that he communicated with Cohen about Daniels and also helped Daniels find lawyer Keith Davidson.
And according to the DOJ's filings against Cohen, Howard and Pecker contacted Cohen through an encrypted app to let him know that Daniels was close to a deal with a media outlet to spill the beans about her affair with Trump.
And the National Enquirer head honchos then negotiated the $130,000 settlement and also confirmed the NDA with Davidson.
So the Enquirer...
We're trying to keep this started for coming out, allegedly.
And Stormy Daniels basically got paid off.
Statement of facts confirms that Cohen and AMI admitted guilt in connection with the payoffs of McDougal and Daniels in the federal matters.
Now, 12 days before the general election in 2016, Cohen drew down $130,000 on a home equity loan deposited...
And if I'm not mistaken, Cohen was the key witness against Trump in the trial, guys, because Trump actually ended up taking this to trial, as you guys know.
...into a shell account and then paid Daniels off.
After the election, Trump started paying back the initial $130,000 payment to Cohen, but he increased the amount to a total of $420,000.
Now, these checks apparently came from the Donald J. Trump Revocable Trust, which was created in New York to hold the Trump Organization's assets during his presidency.
Later checks came from Trump's personal bank account.
In total, 11 checks were issued for phony purpose, legal services.
Trump signed nine of those checks.
And according to the indictment, each check was processed by the Trump Organization And illegally disguised as a payment for legal services Rendered pursuant to a non-existent retainer agreement In total, 34 false entries were made in New York business records To conceal the initial covert $130,000 payment And the indictment concludes that the participants in the scheme took steps That mischaracterized these documents for tax and election-related purposes To conceal the true nature of the reimbursements And to hide the reimbursements in total
So, why 34 counts, and what records did Trump allegedly falsify?
Well, prosecutors charged each false entry as a separate count.
For example, there are four counts.
Which, you know, I think they were trying to make a thing here, guys.
Like, I'll be honest with y'all.
This New York hush money case, the state of New York knew that Trump was going to be charged in other jurisdictions.
So I think this was a very rushed case to get Trump arrested so that they can have the title of being the first district to arrest the former president.
Alvin Bragg campaigned on this, the district attorney for New York.
So they had a hard-on for Trump.
And if you guys are wondering who Alvin Bragg is, this is him.
This guy hates Trump.
He campaigned on going after Trump to become district attorney.
So they had a hard-on for Trump from the beginning, man, because this is a very frivolous case, to be honest with y'all.
No one gets charged for stupid shit like this, but they wanted to send a message.
Counts related to a single payment that was made to Cohen on Valentine's Day in 2017. Each count related to a different document or business record.
The first was related to an invoice for that payment, quote, The defendant made and caused a false entry in the business records of an enterprise to wit an invoice from Michael Cohen dated February 14th, 2017, marked as a record of the Donald J. Trump revocable trust and kept and maintained by the Trump organization.
The second count related to that payment was for the making of a "false entry" in the detailed general ledger for the Donald J. Trump Revocable Trust, bearing voucher number 842-457 and kept and maintained by the Trump Organization.
The third count, and I promise we are not going to go through all 34 of these stupid things, was also for a false entry in the general ledger.
The fourth count related to that payment that was when Trump, quote, made and caused a false entry.
The business records of an enterprise to win the Donald J. Trump Revocable Trust account check and check stub dated February 14, 2017, bearing check number 0001. So, the business records for that one payment are the check and the check stub, an invoice from Cohen, a voucher for that account, and a voucher for another account.
The DA basically uses the same pattern for all of the other counts.
It's basically one count for every check or invoice.
Now, this isn't required, but it's also a totally normal way to charge someone.
Now, there has been a ton of breathless reporting, about 34 felony counts, but...
A prosecutor has discretion here.
They're not required to list out every single act that was part of a general criminal scheme.
But by the same token, it's also a totally normal way of going about writing an indictment, and it's done all the time.
So basically, you can't conclude anything from the fact that there's basically three dozen different felony counts.
Now, an additional wrinkle here is that for a charge of falsifying a business record to be a felony in New York state, it has to come with an additional requirement of intent to defraud.
Okay, this is important, guys, because this is what makes it the felony, and that's what the state pushed for.
This charge is normally always charged as a misdemeanor, but the state of New York tried to get it...
To a felony, so they had to prove this part.
For obvious reasons.
When the defendant acts for the purpose of frustrating the state's power to faithfully carry out its own law.
In layman's terms, that means that the government doesn't need to prove that Trump falsified business records for the purpose of depriving someone of money or property.
The government only has to show that Trump did something to frustrate the regulatory authorities of New York.
And New York courts have found such intent when a defendant did things like making covert contributions to a political campaign, covering up an alleged sexual assault, misleading a patient's relatives.
But this is certainly a point of controversy, and it's likely a legal issue that will be dealt with by the judge before the factual questions ever reach a jury.
But the statement of facts does try to justify the charges.
The most significant evidence that Trump knew what Cohen was up to with the intent to defraud was a conversation he had with Cohen about the McDougal payments.
Quote, But the prosecutor will need to prove that Trump knew about the Daniels payments too and
that he agreed to Cohen's payment scheme.
The statement of facts alleges that Trump didn't want to pay Daniels directly, so he asked Cohen to do it.
Quote, Trump did not want to make the $130,000 payment himself and asked Cohen and Weisselberg to find a way to make the payment.
After discussing various payment options with Weisselberg, Cohen agreed he would make the payment.
Before making the payment, Cohen confirmed with Trump that Trump would pay him back.
The statement of facts alleges that Cohen made the payment through a shell company with Trump's blessing.
Quote, on or about October 26, shortly after speaking with the defendant on the phone, Cohen opened a bank account in Manhattan in the name of Essential Consultants LLC, a new shell company he had created to effectuate the payment.
He then transferred $100.
And this was something that they used against him, too, that he created this shell business to pay Stormy Daniels.
Thank you.
$31,000 from his personal home equity line of credit into that account.
On or about October 27th, Cohen wired $130,000 from his Essential Consultants LLC account in New York to Lawyer B to suppress Stormy Daniels' account.
Now, the statement of facts also goes into detail about Trump Organization CFO Allen Weisselberg agreeing to pay back Cohen more money than Cohen paid out so that Cohen could characterize the payment as income on his tax returns instead of reimbursement, and Cohen would be left with $180,000.
in income tax.
Finally, Weisselberg added an additional $60,000 as a supplemental year-end bonus.
So the statement of facts indicates that Trump knew about his arrangement with Cohen.
Quote, Trump, Weisselberg, and Cohen then agreed that Cohen would be paid $420,000 through 12 monthly payments of $35,000 over the course of 2017.
Each month, Cohen was to send an invoice to Trump through Trump Organization employees, falsely requesting payment for $35,000 for legal services rendered in a given month of 2017 pursuant to a retainer agreement.
At no point did Cohen have a retainer agreement with Trump or the Trump Organization.
And the part about no retainer agreement is key since Trump may argue that he was simply paying Cohen for legal services, which is what he indicated in the business records.
That messed him up too.
The statement of facts also goes into some detail about how each payment was invoiced and made.
And I think this detail is Hey, real nigga, baby, let's go!
He's like, yeah, I have this bitch, man.
I'm the president now.
Fuck her, bro.
You ain't cloud chasing no more.
Trump did the smash and dash, man.
He literally turned into Goku.
After the election, they could avoid paying altogether because at that point, it would not matter if the story became public.
This could end up being a key allegation because it shows that Trump's motivation was to influence the election, not to protect his family from disclosure.
Finally, the statement of facts alleges that Trump tried to pressure Cohen to lie about their arrangement.
The pressure campaign included Trump tweeting at Cohen to stay strong and not flip, and the DA also says that a different unnamed Trump lawyer approached Cohen about representing Cohen in his criminal case, offering to help him maintain a, quote, back channel of communication to the defendant.
In June of 2018, the lawyer wrote to Cohen urging him not to cave by pleading guilty, but Cohen did in fact plead guilty in August of that same year.
And he even went ahead and was one of the main witnesses of the case against him.
Now, as we talked about, these are only felonies if there is an intent to defraud, and also an intent to commit another crime or to conceal a commission of a crime.
So, what's the second crime in this case?
Well, the indictment and statement of facts don't say, and New York law doesn't require that the prosecution identify the second offense at this stage.
However, you can bet that there will be some motion practice to force the government to issue a bill of particulars to actually identify what these crimes are.
However, in a press conference, Alan Bragg identified three general areas of law that he alleges that Trump intended to break.
The scheme violated New York election law, which makes it a crime to conspire to promote a candidacy by unlawful means.
The $130,000 wire payment exceeded the federal campaign contribution cap.
And the false statements in AMI... And let's be honest, that's a stretch.
That's a stretch.
...books violated New York law.
That is why.
Mr. Trump made false statements.
So, Bragg mentions that the $130,000 payment to Stormy Daniels could have violated the federal campaign contribution caps.
Because the hush money payment was intended to benefit the Trump campaign, it could be considered an...
And that's where you can argue, was it really campaign contribution?
Was it really?
You know?
Because this shit occurred back in, like, 2006 when he dealt with this Stormy Daniels chick.
...in-kind contribution.
The FEC limits...
So you can make the argument that that's not a campaign...
That's from his personal life.
But that's why it's good to have good lawyers.
I'm sure his legal team argued that as well.
...candidate and in-kind contributions are counted the same as a cash donation.
So the $130,000 would be way over that limit.
As we covered before, there's a controversy about whether a federal crime can be used as a predicate for an underlying crime in New York State.
And then there's also the state conspiracy allegation.
New York Elections Law Section 17-52 covers conspiracy to promote or prevent an election.
Section 17-52 requires proof of a conspiracy among two or more people to promote the election of a particular person.
And there was also a suggestion that they falsified records for the purpose of tax fraud.
So we'll see how this unfolds in the coming months.
But it's also important to note that even if the felony enhancement is bounced by the judge or an appellate court, it's still likely that the misdemeanor charges for falsification of business records would remain.
And those are still crimes.
There just wouldn't be jail time associated with them.
Now, in terms of defenses, Trump is going to have lots of them.
Trump's criminal defense will probably be different from his public talking points.
For example, Trump and his advocates have argued that prosecuting people for...
Now that we know the facts of the case, now we're going to get into the guiltiness, then we'll get into today.
He won a popular vote.
Twelve citizens of New York unanimously found former President Donald Trump guilty of all 34 felony counts.
He reacted about as you would expect.
This was a rigged trial by a conflicted judge who was corrupt.
Huh, it's really unfortunate.
Well, Trump's actually right there.
He's referring to Judge Merchan, which I'll talk about him in a second.
Remember, folks, it's a rigged system.
Yeah, cry more, Donnie.
Chaos lawyer and reluctant Trump whisperer Liz Dye has the details.
Thanks, Devin.
Well, it finally happened.
For the first time in our nation's history, an American president was found guilty of a felony in a court of law.
Although if you ask the future felon himself, that was inevitable.
Mother Teresa could not beat these charges.
Well, yes.
If Mother Teresa had gotten her fixer to pay a porn star to keep quiet in the run-up to an election, then covered up the payment through a series of false invoices and checks, she, too, would probably have been found guilty of 34 felonies.
But if Mother Teresa ever did do any of that, she managed to keep it on the down-low.
Trump, however, is not a keeping it on the down-low.
Well, she didn't want to keep it on the down-low.
That's the whole reason why they had to pay.
She didn't want to keep it on the down-low.
Down-low kind of guy.
At the Celebrity Golf Tournament in 2006, where the encounter allegedly took place, he managed to get his picture taken with Stormy Daniels, the adult film actress who had been sent there to represent her production company, Wicked Pictures.
And he reportedly boasted about their brief sexual encounter the next day.
But ten years later, when he decided to run for president, he was decidedly more circumspect.
Trump, whose notorious philandering had been a subject of the New York tabloids for decades...
Oh, what, because he womanizes?
Bro.
But nobody says anything about Kamala Harris being a 304....himself to evangelicals as a faithful family man who just so happened to have five children by three wives and to have appeared in a pornographic video and to have bragged about wandering into the changing room while beauty pageant contestants were getting dressed.
And so he enlisted his longtime friend David Pecker, the owner of the National Enquirer, to burnish his image.
Pecker, who was the first witness at the trial, testified that just days after Trump announced his candidacy, he was summoned to a meeting at Trump Tower where Pecker promised to help Trump's campaign by publishing positive stories about Trump, negative stories about his opponents, and alerting him through Michael Cohen when Pecker came across damaging information, particularly regarding women.
Pecker bought up two stories, including one from Playboy model Karen McDougall, who was paid $150,000 for her account of a relationship with Trump a decade earlier.
Pecker testified that he'd buried stories for other celebrities before and even for politicians, but his lawyers convinced him that selling McDougall's story to Trump might look like a campaign finance violation.
So he refused to go through with it.
Then, Stormy Daniels came forward and Pecker testified that he refused to pay her out of fear that the association with an adult film star would upset Walmart, the National Enquirer's biggest distributor.
And even after Cohen threatened that the boss would be furious if he didn't do the deal, Pecker wouldn't budge.
So Cohen negotiated to pay Daniels $130,000 to sign a nondisclosure agreement, aka an NDA. Except that Trump kept putting the deal off in hopes that he could delay until after the election and avoid paying her altogether.
Then on October 7, 2016, the Access Hollywood tape dropped, with Trump bragging about grabbing women by the genitals because...
When you're a star, they let you do it.
You can do anything.
Yo, W. Trump.
W. Trump, this lady's fucking pissed.
This Karen is angry.
...testified that the tape went off like a bomb inside the campaign, knocking a Category 4 hurricane out of the news cycle, at which point Trump told Cohen to make that deal with Daniels happen, and he didn't care how, because Stormy Daniels telling her story in the press would be the end of his presidential campaign.
So Cohen borrowed $130,000 against his house and put together an NDA for David Dennison and Peggy Peterson to sign, where they all agreed never to speak about the matter again.
And on November 1, the agreement was signed, and Trump went on to win the White House.
During their opening statement, prosecutors revealed that on election night 2016, Daniel's lawyer Keith Davidson messaged Dylan Howard, then the editor-in-chief of the National Enquirer, asking, what have we done?
Howard replied, oh my god!
Howard texted a family member speculating that maybe Trump would pardon him for electoral fraud, which strongly suggests that everyone involved in the Daniels' payoff thought that their schemes had put Trump in the White House, and they strongly suspected that what they had done was against the law.
Michael Cohen, who had hoped for a job in the administration, perhaps even as White House chief of staff, soon found out that he was going to be fobbed off with the title of personal attorney to the president and very little else.
And while that honorific allowed him to pitch himself as a sort of lobbyist, it didn't come with a paycheck.
In fact, the Trump Organization actually cut his Christmas bonus that year and kicked him off the payroll in January of 27. And that's why he got so mad, because obviously he got brought into this thing, and that's why I think he ended up turning into the state witness.
By December, Cohen was furious that he hadn't been repaid the $130,000, and he even prevailed upon Pecker to intervene with Trump on his behalf, which Pecker did, and according to his testimony, Trump said, don't worry about it, I'll take care of it.
And the way that he took care of it was through a series of monthly checks for $35,000, supposedly paying Cohen for legal expenses.
I don't know.
This all seems really complicated.
Legal fees?
Reimbursements?
Taxes?
If only there was someone who were really good at explainers.
Throughout the trial, Trump Org Comptroller Jeffrey McConney was shown Exhibit 35, a bank ledger documenting that Michael Cohen had wired $130,000 through an LLC to Stormy Daniels' lawyer, Keith Davidson.
So that was the...
All right, this thing could go on too fast.
Let me...
Payment to Daniels, $130,000.
On the ledger, though, there were also handwritten notes, presumably by Cohen, adding $50,000 to the tally for money paid to a company called Red Finch to rig an online poll that CNBC was running on the most famous businessmen because Trump was frustrated that he was in ninth place.
So that brought Cohen's out-of-pocket expenses to $180,000.
Now, on the left side, there were notes by Trump Org CFO Allen Weisselberg documenting that they would have to...
Weisselberg.
Gross up the payment to $360,000 to account for the fact that Cohen would owe taxes because he was calling it income to keep the reimbursement secret.
If it were publicly a reimbursement, the money would come into Cohen and then out, and he would call it an expense and wouldn't be taxed on it.
But because they were going to be keeping it a secret, he would have to declare that as income.
And then on top of that, they added a $60,000 bonus, presumably just because, like at this point, Cohen knew a lot, so they should keep him happy.
So now that's a total of $420,000.
And if the payments were going to be paid out in $35,000 increments, that was, that'd be like 12.
That'd be 12 equal payments.
And that's what there were.
This isn't complicated math.
Exhibit 36 was Makani's own notes from the meeting confirming that the $180,000 would be doubled for taxes and wired monthly from DJT in increments of $35,000.
And that's how you end up with the 34 counts, Chad.
He even included a helpful note that Cohen would be removed from the Trump Organization's payroll in January of 2017, after which Mike was to invoice us the $35,000 a month, which he did.
And to top it all off, these notes were on Trump Organization's stationery, because none of these geniuses had ever heard of the Stringer Bell rule.
Is you taking notes on a criminal fucking conspiracy?
What the fuck is you thinking?
Trump's lawyer Todd Blanche argued that Cohen had actually been doing legal work in 2017 to earn those monthly payments.
In his closing argument, he made the bizarre claim that Cohen secretly paid off Daniels as part of a plot to take advantage of Donald Trump.
Quote, He would be able to get that credit.
And that might have been persuasive if the prosecutors were simply asking the jury to take Michael Cohen's word for it.
After all, Cohen was convicted of tax fraud and lying to Congress.
He's hardly a credible character.
But it wasn't just Cohen calling it a reimbursement.
Yeah, because he's been arrested for perjury, guys, and lying under oath.
Once you get hit with those charges, you don't become a credible witness.
For the hush money payment.
You lose a lot of credibility.
And if you ever get...
Convicted of perjury as a cop?
You're done.
You can't work in law enforcement if you've ever been convicted of perjury or making false statements.
Pecker testified that he had also leaned on Trump to pay Cohen back.
And Makani confirmed that he took Cohen off the payroll and routed those invoices through bookkeeping rather than through the legal department.
Exhibits 35 and 36 showed that the Trump Organization's bean counters were doubling the debt to cover Cohen's tax liability, and Hope Hicks practically laughed on the witness stand when prosecutors asked if she thought Cohen was the kind of guy to secretly make a $130,000 payment to Stormy Daniels out of the kindness of his heart.
She said, He's the kind of person who seeks credit.
There's also the fact that Trump tweeted repeatedly that he'd reimbursed Cohen for the Daniels payout.
And not for nothing but Rudy Giuliani, Trump's own lawyer, admitted it on air.
And that's crazy they put that on Twitter.
Mr. Cohen, an attorney, received a monthly retainer not from the campaign and having nothing to do with the campaign from which he entered into, through reimbursement, a private contract between two parties known as the NDA. These agreements are, and then it keeps going.
...payout.
And not for nothing but Rudy Giuliani...
Trump's own lawyer admitted it on air back in 2018. So they funneled it through the law firm, funneled through the law firm, and the president repaid it.
Trump's current lawyer, Todd Blanche, countered by calling Michael Cohen a liar over and over and over again at high decibel.
He said, it's like what people talk about with athletes like Michael Jordan is the GOAT, Tiger Woods is the GOAT, Tom Brady is the GOAT. These athletes are the greatest of all time, the best among their peers.
Michael Cohen is the GOAT. He's literally the greatest liar of all time.
Stop it.
Get some help.
Assistant District Attorney Joshua Steinglass, who delivered the six-hour closing argument, said, keep something else in mind when the defense goes on and on about how Michael Cohen is immoral or he's a liar or he's a thief.
Mr. Blanche actually said, this is not the type of witness you want.
We didn't choose Michael Cohen to be our witness.
We didn't pick him up at the witness store.
The defendant chose Michael Cohen to be his fixer because he was willing to lie and cheat on Mr. Trump's behalf, which is a slightly better joke.
Plus, Steinglass had all those exhibits and witnesses to back up what Michael Cohen said.
Well, the jerk store called.
They're running out of you.
In the end, it took the jury of seven men and five women less than a day and a half to reach a guilty verdict.
Now, throughout this trial, Trump was represented by Todd.
And that's why a lot of the people that hate Trump are saying, hey, he got convicted of a jury of his own peers.
But again, this case should have never been brought in the first place, guys.
I mean, this is a lot of work and a lot of effort to go after a dude for paying a thought off.
Like, let's be honest here.
Come on.
Come on, State of New York.
But again, like I said before, this was a clout grab by Alvin Bragg where he wanted to be able to say...
I am the first district attorney to charge a former president of the United States with a crime and have him be indicted.
That's what the state of New York wanted.
Right?
And then all these other charges that came after, they wanted their piece of, their pound of flesh too.
Blanche.
But if you want...
You guys gotta remember, bro, as a prosecutor, when you prosecute high-level individuals, you're considered like a fucking rock star in the legal world.
Right?
This is going to open opportunities for him later in the private sector.
Like, it's a huge come-up for your career, and I think that's something that's kind of overlooked when people talk about these cases, about, oh, why did New York bring the case or whatever?
It's for their reputational, um, embatterment, guys.
It's very simple, you know?
Now, Ivan Brad can literally put on his fucking application if he decides to go private sector, because I'll tell you guys this, being an AD doesn't make you that much money.
I mean, hell, let's Google it real fast, right?
Let's see here.
Does it have it here?
Okay.
So he's only earning somewhere between $100 to a quarter million a year.
Right?
Boom.
Report for Alvin Bragg.
And this is public since 2023. He makes somewhere in this range, it looks like.
And he's a district attorney.
Right?
Who's the top law enforcement official.
In the city of New York.
Right?
For the state level.
And this actually got the mayor in trouble.
This thing, he didn't properly disclose some of the money he got from Turkey.
Right?
For benefits and trips and shit like that.
This is what got him in trouble.
So, it looks like somewhere between 100 to 250K. Which, guys, to be honest with you, that's not that much money in New York.
Right?
So...
For him, this is a huge come-out because now he can secure any legal job he wants, right?
And this happens very often guys where people will take a lower paying job in the government So they could build up their resume and then switch to the private sector and make fucking a bunch of money Record-keeping On a good lawyer my law firm the number on 10 is a felony charge that derives from section 174 four counts of false was charged is a separate count here's the charges and
Which is how Trump got indicted for 34 counts of falsifying business records in the first degree under New York Penal Law Section 17510. But 17510 is a felony charge that derives from first-degree falsifying business records, which is a misdemeanor.
So under 175.05, it's a misdemeanor to make or cause a false entry in the business records of an enterprise.
And under 175.10, it's a felony to make a false business record with the intent to commit another crime or to aid or conceal the commission thereof.
In plain English, if you create the false business record as part of a criminal scheme, then it becomes a felony.
And look, no one in that room believed that Michael Cohen was being paid $35,000 a month for work performed in 2017. The misdemeanor false business records were pretty much a given.
So for the purposes of this case, the main thing that prosecutors had to do was come up with another crime that would plus up that misdemeanor false business record to a felony.
And in fact...
They came up with three.
First and most obvious is tax fraud.
Because everyone understood that the object of this game was to have Cohen file a false tax return claiming that he'd earned $420,000 for work performed when he was actually being reimbursed for what was functionally a loan to the campaign.
The second crime was a violation of the Federal Election Campaign Act, or FECA. Because in 2016, when Cohen paid $130,000 to Daniels, the maximum an individual could donate to a campaign was about $2,700.
And while Cohen didn't write the check to the Trump campaign, he did write it for the benefit of the Trump campaign.
And that still counts.
So if Cohen had, say, hosted a party for the campaign and paid $10,000 to the caterer, it would still be an excessive campaign contribution, and this is no different.
Trump's lawyers tried to argue that Trump wanted to silence Daniels to protect his family from embarrassment, not for political ends.
But that was pretty fatally undercut by Pecker's testimony that Trump invited him to a meeting at Trump Tower just days after announcing his candidacy.
At the meeting, they cooked up a plan for the National Enquirer to bottle up stories that damaged Trump while attacking his rivals.
The whole purpose of this plan was to protect the campaign.
Trump never cared about buying Stormy Daniel's silence between 2006 and 2016. And if he'd never run for president, it would have stayed that way forever.
And so the prosecutors argued that...
Well, she wanted a clout chase, man.
That's why.
Because when that Hollywood Access video came out, every chick came out wanting their pound of flesh.
You know, E. Carroll, all these women making fake accusations against them.
...had paid to Daniels was an undeclared and excessive campaign contribution.
The third predicate was a violation of New York election law, Section 17152, which makes it a crime to conspire to promote or prevent the election of any person to public office by unlawful means.
And here's where things get a little wonky.
Because the prosecutors suggested that the unlawful means were the tax fraud and the campaign finance violation.
So in some sense, this thing kind of loops back on itself.
Once they defined the crimes, the prosecution had to prove that Trump had the intent to commit them.
The judge instructed the jury that 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 makes or causes a false entry in the business records of an enterprise.
So under New York law, the prosecution had to prove beyond a reasonable doubt that Trump both committed the business records offense And that he intended to commit one of the three other offenses.
The prosecution didn't need to show that he committed the other three offenses, though.
And it gets even wonkier because the jurors didn't have to agree on which of the three other crimes lusted up from a misdemeanor under 175.05 to a felony under 175.10.
The jury instruction said, in determining whether the defendant conspired to promote or prevent the election of any person to a public office by unlawful means, you may consider the following.
One, violations of the Federal Election Campaign Act, otherwise known as FICA.
Two, the falsification of other business records, or three, violation of tax laws.
So, four of the twelve jurors could believe that the other crime was tax fraud, four could buy the FICA violation, and four could be convinced by the nesting doll of the New York State election crime.
And that would be fine.
In fact, no one will ever know which predicate they accepted, or even if this was an issue at all for the panel.
Since there was no place on the charge sheet for the jurors to specify which other crime they were basing their verdict on.
And it may seem odd, but that's just how New York law works.
Which Trump's lawyers explicitly acknowledged during the charging conference when they negotiated those jury instructions.
Trump wanted the judge to say, you, the jury, must reach unanimous decision regarding whether the people have established unlawful means.
And if so, which unlawful means was or were at issue.
And Justice Mearshan said...
Do you agree that unanimity is not ordinarily required?
To which Trump's lawyer, Emile Beauvais, replied, certainly, but we think it's important under the circumstances of this case and think it's in your honor's discretion to make clear the record here.
In other words, he said, I admit that I'm asking you to make an exception for my client and the decision to do so is within your discretion.
But the judge said, what you're asking me to do is change the law, and I'm not going to do that.
And that was that.
This will not be an issue that gets the case overturned on appeal, but it will be an issue that sucks up a lot of airtime.
In fact...
Yeah, absolutely it will.
Real quick, let me read some of these chats, guys.
We got Xander says, W. Martin, would you ever do the 20-verse-1 again?
I watched the one you did last year, and boy, it was hilarious.
It seemed pretty popular, too.
You had almost 25,000 people watching live.
I don't know if you can see the pictures, but picture one, your reaction to a joke made.
Picture number two, chatting with a girl about a guy.
Yeah, we could do the 20-1.
1 again.
If I'm not mistaken, guys, we did that instead of After Hours, right?
Xander, can you remind me?
We did that instead of After Hours, if I'm not mistaken.
Algy309, subscribe.
Shout out to you, bro.
Also, Xander, tell me what day that was.
When was that 20 vs.
1?
What day did we do that?
Alright.
So we got here.
So shout out to you, dude, for joining Castle Club ALG. Shout out to you.
I'm going to give you a Don DeMarco, actually.
Ishmi says, you seen Ian Ray show the fuck out of Elon yesterday?
Yep, I definitely did.
We talked about it yesterday.
O Slash in the chat.
Shout out to you, Haz.
We got Zuhar.
Yo, Myron, maybe a tip for 2025. Start a new podcast with Sneeko with other content.
Sneakle's doing his own thing right now, guys.
He's more on the pre-recorded, you know, artistic vibe right now.
Yo, Myron.
Okay, you're out big, bro.
Thank you.
Our big bro.
I appreciate that.
Easy.
As he again says, what's up, Myron?
I sent you a DM on IG. Saw you.
Don't read them because you get so much.
Understandable.
So I signed up for a year on CC. Just want to say thanks.
That GoFundMe was not a scam, bro.
Oh, no worries, bro.
You know, people are going to fucking say things.
Xander says, I knew Trump would get these cases dismissed.
Middle finger to all the never-Trumpers.
Too bad Trump will still not be considered a felon.
Will still be considered a felon.
How do you respond if people will say Trump is a racist and pee?
Bro, we just ignore him, dude.
They've been saying that shit since 2015, dude.
Andy Balls, love you, man.
I appreciate that, bro.
Sandy Balls.
Then we got Mary One says, $1.
Can you still screw him after the president and term is over?
Yeah.
Yeah, Chet, I'll be honest with you.
I would not be surprised if they didn't go after him after his presidency.
So, yeah.
Al Boyce says, he had an interview with Trump's lawyer.
It's on X. Gee, shit.
Okay.
And then we could react to that.
Can you send me the link, Al Boyce?
Can you send me the link for that, actually?
We'll react to that, too.
Crazy in NYC, we can't get shooters and robbers to get convicted yet.
They did all this for Trump.
Complete clout political submission.
You know who targeted from a judicial abuse.
There are actual shooters still walking the streets of New York.
Thank you, Kim Pop.
Thank you.
The reason why this case is so fucking ridiculous, guys, is because there is way worse shit going on in New York.
Like gang violence, people getting killed, like all kinds of crazy shit.
But they spent millions upon millions upon millions of dollars to go after Trump on this bullshit, falsified business charge.
It already is.
Donald Trump got the ball rolling earlier in the week with a post on Truth Social claiming that...
The reason the radical, highly conflicted judge Juan Mershon had to come up with three fake options for the jury to choose from without requiring them to be unanimous, which is completely un-American and unconstitutional, is because the corrupt Soros-backed D.A., Alvin Bragg, couldn't come close to proving that any crime was committed.
Soon, all of Trump's MAGA allies were singing from the same hymnal.
Senator Marco Rubio tweeted that judge in Trump case in NYC just told jury that they don't have to unanimously agree on which crime was committed as long as they all at least pick one.
And that among the crime.
And speaking of the judge.
So Laura Loomer has been on this judge's neck for a while.
Uh, where'd I put it?
Oh, damn, I lost it.
Okay.
I'll find a few minutes.
Hold on.
I have it here?
No.
Simmer down, little Marco.
Fox News' John Roberts tweeted that Judge Mershon just told the jury that they do not need unanimity to convict.
Four could agree on one crime, four on a different one, and the other four on another.
He said he would treat 444 as a unanimous verdict.
Here's Trump's favorite legal commentator, Jonathan Turley, a professor at George Washington University Law School, explaining on Fox that no one knows what the crime is.
When they were reading those guilty verdicts, the one thing that we didn't know is really what he was found guilty of.
Because if you remember...
All right, so real quick.
So Judge Merchan, right, his daughter, guys, and Laura's been exposing this shit for a minute now.
But Judge Merchan's daughter, business partner, Mike Nellis, refused to comply with his subpoena yesterday after hiring Democrat lawyer Marcielis.
Who was also brought to represent Kamala Harris' campaign and now also GA Secretary of State.
So in other words, Judge Merchan's daughter had worked for Kamala Harris' campaign, guys.
Right?
So obviously, that comes off really bad optically.
You got a judge that's supposed to sentence Donald Trump and his daughter worked for his adversary's campaign.
This is literally like the definition of conflict of interest.
Right?
So Judge Merchan's daughter...
And Kamala Harris have the same lawyer representing them so they can communicate with each other under the excuse of attorney-client privilege.
Weeks before President Trump was set to be sentenced in New York City, Kamala Harris sent funds to the personal home residence of Mike Nellis, as I have been exposing all year now.
Millions of dollars in payments from pro-indictment Democrats who have fundraised off of Trump going to jail has been sent to the personal home residence of Judge Merchan's daughter.
Holley, guys.
Big.
Do you guys see why now?
I talk about this and I always use Laura Loomer as one of the main people that broke this story.
Like, the mainstream media will not report this, guys.
This is fucking insane.
In-fucking-sane.
So, instead of being dragged to prison, which is what Steve Bannon was jailed for, Mike Nellis is now posting attacks on me.
Meet Weird Flex.
These attacks have been coordinated and sanctioned by the media and cowardly Republicans who don't want to see that attack for what it is.
A cover for Judge Merchan and his daughter's company.
If there's nothing to hide, why not comply with the subpoena?
Where's the House GOP?
Are they going to be a bunch of cowards and allow Mike Nelson to refuse to comply with the subpoena?
Seems like none of the House GOP is focused on actually exposing this witch hunt against Trump and holding Merchan accountable.
Everyone can see through this sham attack...
On me, that was coordinated the day Judge Merchan's gag order was upheld, and same day, Nels refused to comply.
So, guys, Laura Loomer's been exposing Judge Merchan and his daughter all fucking summer.
Like, all summer, she had her fucking neck, she had her foot on their necks, bro.
So, I gotta give her credit, because if it had not been for Laura Loomer, this is just one of a bunch of tweets, by the way.
This tweet that you guys are seeing here, she wrote like 20 of these.
She literally had like...
I'm exaggerating.
But she literally had somewhere between five to ten tweets, just like this, exposing things between Merchan and his daughter, other conspirators, etc.
And this made Merchan look really fucking bad.
So, and then here, what ended up happening is Trump used some of that stuff to make his argument that the judge was not impartial.
The motion.
And they've put together a composite of issues that would cause me a little bit of pause.
And I can explain all the various things that they've put together.
The main focus of this motion, as opposed to the previous one a year ago, which the judge denied, is on the daughter's line of work.
As you already said, the daughter does work with many, many high-profile Democratic candidates.
She works on their social media.
They put out a post.
They get contributions.
She, as an owner, gets a percentage of those contributions.
So there is a statute in New York which says a judge must disqualify himself if a person known by the judge should be within the sixth degree of relationship and a daughter is the first degree, has an interest.
And he didn't.
And here's the thing.
Some people try to say, because I was having a debate earlier with a lawyer on this, a liberal lawyer on X. She was saying, look, he went to the ethics board and he asked if he needed to recuse himself.
And they said no.
But it doesn't matter.
Like, bro, if there's any, you know, potential optical issue that looks like you're compromised, most judges would just be intelligent and just recuse themselves.
They wouldn't ask no fucking ethics board.
But...
Judge Marchand wanted the clout to be the first judge to be able to sentence a former president.
That's the fucking truth.
This whole New York case, guys...
You know what?
Let me boil this fucking thing down.
Right?
This entire New York case for Trump was nothing more than a play to elevate the careers of everyone that was involved in the fucking charging.
Again, one more time.
This New York case was nothing more than a come up For all the lawyers, law enforcement personnel, people that were involved in the investigation, people that were involved in collecting the records, building this case, everyone that worked on this case, this was a big come-up for them.
Because for them to go after him for falsifying business records, which is typically a fucking misdemeanor, and to go as hard as they did for this minuscule fucking charge, right, proves to you guys that they're okay with wasting taxpayer dollars to go after somebody From an optics standpoint.
Because think about it.
They spent all this money.
Trump's not going to jail.
They spent millions upon millions upon millions upon millions of dollars to prosecute him.
Where'd that money go?
What, just so you could call him a fucking convicted felon?
No!
They did it for their own career benefit.
Because now, if any of them go to private sector, yeah, I was on that Trump hush money case.
I was one of the prosecutors on it.
I led that investigation.
I argued in court for that investigation.
Show me the motive and I'll show you why.
That's why, guys, they went after him.
This was a huge come-up for everybody in the state of New York, because now they got bragging rights to be able to say that we sentenced them, we arrested them, and we were the first ones to do it.
That's all they cared about.
They never actually cared about getting justice or putting him in jail.
It was to send a message that, hey, look, we don't like you, Trump, and we're going to get a come-up off you.
...by the outcome of the proceeding.
So the question here is...
Is this daughter likely to profit, to benefit from the outcome of this proceeding?
And you have to understand, it's not actual conduct that's worrisome.
It's the appearance, the appearance to a reasonable person that this judge cannot be fair and impartial, given that relationship.
So ordinarily, I would think that...
And that's what I argued to the lawyer before, because she was trying to tell me, like, oh, no, Judge Merchant isn't corrupt or any of this other bullshit.
And I was like, bro...
A reasonable person looking at this is going to think that this has bad optics.
I mean, everyone here in the chat, you guys have common sense.
Like, this looks bad no matter how you splice it.
A benefit financially would be to a spouse because they share the income.
This is an independent adult daughter.
They don't share income.
But according to this statute, according to this statute, the judge must recuse if she would substantially benefit from the outcome.
So that's one thing that concerned me.
But if you add to that...
You know what's funny, bro?
Xander, you said it was March 25th last year?
We lost our Instagrams right around that time, bro.
That's right around the time we lost our Instagrams.
And then, like, our...
Oh, my God, bro.
It was such a...
It was so fucking...
That makes sense.
Had 27,000 watching back then because we didn't...
We had our Instagrams, dude.
Fucking lame.
But don't worry, we're...
We're building back up in 2025, guys.
Us losing our Instagrams hurt us a lot.
You know?
It was annoying.
Because we used to bring a lot of people in from Instagram with the stories and shit like that.
Was the judge's original contribution to President Biden four years ago, which he made himself.
Very small contribution.
I think it was $10, right?
$35, I'm told.
$35.
A small contribution, but he made...
All right.
So now you guys get it, right?
We know the facts of the case.
Now let's get into today.
Now we're going to fast forward.
So guys, this is what we're going to do.
I gave you guys the backstory.
We talked about the case, the charges, how we got here, who prosecuted this case, how he got convicted, etc.
We went over details.
So what we're going to do now, guys, I'm going to go ahead and switch to Myron Gaines X on Rumble and on YouTube, okay?
So what I'm going to do for you guys is I'm going to go ahead and drop the YouTube link for you guys in Fresh and Fit, and I'm going to drop the Rumble chat for you guys, or the Rumble link.
On Fresh and Fit as well.
So, time to switch on over, depending on what platform you prefer, Rumble or YouTube, right?
I'd prefer if you guys all came to Rumble, but if you want to be on YouTube, that's fine too.
So, time to switch on over, my ninjas.
I'm going to be ending the Fresh and Fit versions.
Bear with me, guys.
Bear with me.
Join up, ninjas.
So come on over, guys.
Come on over.
I pinned it.
If you're watching on Fresher Fit at either Rumble or on YouTube, I pinned the link to watch the video on my Myron Gaines X channel, guys.
Again, I'm doing this for maybe one more week or a couple of days, but...
We are not going to be streaming any of this stuff on Fresh and Fit anymore.
I'm going to be, you know, once you guys get used to me going live every day at 5 o'clock and we build a habit, we're not going to be going live on Fresh and Fit anymore.
It's going to be Myron Gaines X only.
I'll make announcements.
Make sure to ring the bell.
I'll be making announcements on Twitter.
So come on over right now, guys.
And I'm going to end these streams.
So first, I'm going to go ahead and end the Fresh and Fit on YouTube.
So come on over, guys.
And then we're going to start getting cooking here.
All right.
Come on over.
Link is pinned in Fresher Fit chat, guys.
Come on over.
So we're ending Fresher Fit here.
Bam.
Done.
Okay.
Now we're going to end the Fresher Fit on Rumble.
And again, I'm doing this so you guys can kind of get in the habit of knowing where to find me, 5 p.m.
Monday through Friday, every day.
I'm committing to it.
Right now, guys, I feel like shit.
I'm not going to lie to you all.
But I am committing to this shit.
5 p.m.
every day, Monday through Friday, for at least a fucking few weeks.