I listened all day yesterday to most of the commentary about the indictment. What stood out to me was that Bragg presented an indictment on charges he felt he could win. He talked about NYS election law. We do have it LOL (not that it’s rigorously enforced). Nobody can predict how a jury will react in this case. And any trial is very far off. Meanwhile, we have the possibility of a cascading string of even more serious indictments that may be rolling out (please God!). Sleazy-X as I call him now (can’t stand to say the name) is one of the worst actors in American political history. His legacy will be the sewer he lived in his whole life. But let’s face it -- our country is seriously broken. As Steve points out so accurately, the press is seriously broken. Seriously. Our education level has fallen. And insurrectionists and white supremacists are essentially running the House. This is such a low point. But historians will point to others like 1876. Perhaps reading American history can be a comfort? I don’t know. Speculation right now does not help us. The only thing that helps is, like, what happened with the Wisconsin court results yesterday.
Steve, if it feels wrong, it’s probably quite wrong. Mens rea is the legal Latin term we use to describe criminal intent. Q: did Donald J. Trump have criminal intent? YES, he did. Does the DA have proof? Yes. He does. Case closed.
Thank you, this is the question of intent. In my field (accounting) you can have someone mis-classify revenue or expenses due to lack of understanding or incomplete knowledge. If there is an intent to not properly classify revenue or expenses, with the intent to reduce tax burden, then its illegal. All based on intent.
Apr 5, 2023·edited Apr 5, 2023Liked by Steve Schmidt
Thank you, Janet. Here's my post from yesterday:
[...] there's an excellent guest essay in the NYTimes tonight by two experts saying D.A. Bragg has a case that is neither "political," "novel," nor "weak," but right in line with a tradition of the Manhattan D.A. prosecuting white-collar criminals like Trump.
I whole heartedly agree with you about subscribing to Joyce Vance's Civil Discourse. She knows the law and explains it in a straight-forward manner. She also raises chickens and supplies chicken pictures.
I can’t weigh in on the merits of the case, albeit crimes did happen. But I like that Bragg got the party started. He may not be the most fabulous guest at the party but he is the first one to get on the dance floor and probably encourage all the others to join him soon. So many crimes, so little time - let’s make this orange gasbag’s brain explode with too much to keep track of and attack at once. His faltering mentation is obvious and only getting worse from too much Diet Coke and a lifetime of mental instability.
In her "Civil Discourse" Vance embeds a link to DA Bragg's "statement of facts" which accompanied the indictment. It reads like a script from "The Valachi Papers" or even "The God Father II", or better, "The Irishman". This indictment details an organized crime led and directed by a loud-mouthed, loutish and narcissistic would-be gang-land boss/dictator. I agree that litigating this case may be challenge but as Vance closes our her piece she writes, "A few weeks ago, I wrote to you that 'Some people have suggested that the charges under consideration in Manhattan are insignificant. . . . I don’t see it that way. The Stormy Daniels incident is the origin story for Trump’s efforts to manipulate elections in unfair ways.' The indictment confirms that’s true. The chandeliers may have been sparkly at Mar-a-Lago tonight for Trump’s recitation of grievance, but his lawyers, if not he, understand they have a difficult, albeit lengthy, path ahead that is very likely to result in a number of convictions." As for Trump and his supporters who continue to maintain this is a persecution, writer William Saleton (who is not a fan of the indictment) responded to that in his column this morning, "The reason why all these prosecutors are investigating Trump isn’t some grand conspiracy to destroy an innocent man. The reason is that he’s a crook. He lies, he cheats, he conspires, he fabricates, he extorts. And he’ll go on lying and fabricating—creating new headaches for the lawyers and apologists who keep trying to clean up after him—until they figure out that they can’t stop him from being what he is."
Please correct if wrong, but most of the NYT/WaPo-type commentary has seemed to make only glancing reference (if any) to the distinction between a speaking indictment -- the type that lays out the entire case -- and what was required in SDNY, which is not as detailed. Long/short: we won't know the full details about what prosecutors will argue or offer till trial. Whole lotta oxygen being burned up on guesses based on partial information. But what else is new? ;)
Like you, I trust Joyce Vance and Barb McQuade - also several times i have heard and read this is NOT a novel prosecution. I trust DA Bragg with going into this with full knowledge that he has a case and a good one. I, too, have come to distrust the media, all the media, including MSNBC which i love- the other day Michael Steele was on and said something I have been saying for weeks. OTHER NEWS, THERE IS OTHER NEWS - Stop giving these people the airtime they so covet. Move on, a full day watching cars driving on the FDR, etc was not to my liking. I actually watched reruns of Friends just to while the time away -(I work from home, so the TV is pretty much always on.) Watching all those news commentators wasting their time downtown waiting for something to happen is just crap. And that's all I have to say about that. Thanks Steve, as usual
People that cheat to win elections must be held to account. The misdeeds of these few men have wreaked havoc on our nation and my well being. The truth does set us free; but first it will make us angry. Thank you Steve!!!
Great column, Steve. There's a saying that from little acorns, giant oaks grow. This case could well be the acorn that will rise as the foundation to all of the other cases success. The photos of trump in the courtroom did not show a worried, diminished, caught person, but rather one that was seething with revenge, resentment that he was 'targeted', and the wheels were turning as to how to 'beat this rap'. That's what I saw in his eyes. But I believe he's up against a higher brick wall than he thinks, and will be convicted. Whether there's jail time, who knows.
Who do I trust to give us the facts? Of course, Joyce Vance - I just subscribed to her Substack newsletter, Ari Melber on NBC and Substack - his go-round with Tacopina I beleve is on YouTube, and he has a brilliant, logical legal mind and is a member of the NY bar; Andrew Weismann of course, as well as Nick Ackerman and Lawrence Tribe. Those are the legal experts I trust, and will continue to listen to throughout this mish-mosh of the next year(?) until it is all finished.
In the meantime, Congress should invoke the 14th amendment and prevent trump from ever holding another legal office (even dog-catcher), of course whether they can get their act together is another question entirely.
I am a subscriber to Civil Discourse, have been for a good while, proffered by a frm. U. S. Attorney and current law Professor..Joyce Vance’s analysis of all matters legal for me is the gold standard..I also have learned a great deal from Andrew Weismann and Neal Katyal..
The podcast Sisters-in-law with Jill Wine-Banks, Barbara McCade and Kimberly Atkinson-Stor is also a good source..
I believe we have one party that still stands for the American people. It's not perfect, far from it, but Democrats still believe in a higher moral state. Our lawmakers take an oath to follow the constitution when they enter office and yet the GOP has discarded everything good, we have built upon for the last nearly 250 years. They have thrown away their morals and any sense of what an American citizen stands for. They have forced their ridiculous laws on the majority of the people and claim to be on the moral high ground. Yes, we are still a nation of laws, and everyone should be treated the same. Trump has bucked the law his entire life and maybe just maybe there will be justice., As for the Republican party they are incorrigible and I do not hold any hope they will ever enter into the light again, at least in my lifetime.
I agree it is depressing. I occasionally have to step away from the news and social media to engage in fun activities just to keep my sanity and my ability not to fall into a dark state about the current state of our nation. It helps though to speak on a forum about how we all feel about what is happening. Thanks to Steve, for providing us with a knowledgeable historical approach to our current political dilemma.
Joyce Vance is the best interpreter of the law for me. I read her every day. And for a big plus, I've happy to have become acquainted with her Alabama chickens.
I subscribe to Joyce Vance's Civil Discourse for clarity in all matters trump. She explains in clear, easy to understand terms all we need to know. Plus she has a calming effect most of the time. She also has some gorgeous chickens she shares with us from time to time. I am not going to worry about the details of the trump indictment until the trial starts. I am happy he has finally been arrested and is being held accountable for something. Arrested was a good look for trump to wear, he wasn't in control of anything. I hope he gets arrested on other charges before December
I am so happy. There is no place on earth that knows how to protest in style like NYC. mtg was chased off within 5 minutes of her attempting to out yell over a crowd. NYC will eat you up, guurl.
I will have the catchy ♫ lock him up lock him up ♪ cowbell version in my head and heart for quite a while, bobbing my head and smiling.
To those who say, "This is unprecedented! How an they do this? This has never happened before! Blah, blah, blah..." Well, there was a time when no one had ever run a 4-minute mile. And that was until, there was a person with all the positive traits (focus, strength, endurance) to accomplish the never-before accomplished milestone. In our current instance, re Trump, indeed, this has never happened before, and it is unprecedented. That is, until now, we have never had a person with all the negative traits (lying, cheating, stealing, mobishness, etc., and yes, charisma to some), who did things, from a position of power, that warranted our society's push-back.
I listened all day yesterday to most of the commentary about the indictment. What stood out to me was that Bragg presented an indictment on charges he felt he could win. He talked about NYS election law. We do have it LOL (not that it’s rigorously enforced). Nobody can predict how a jury will react in this case. And any trial is very far off. Meanwhile, we have the possibility of a cascading string of even more serious indictments that may be rolling out (please God!). Sleazy-X as I call him now (can’t stand to say the name) is one of the worst actors in American political history. His legacy will be the sewer he lived in his whole life. But let’s face it -- our country is seriously broken. As Steve points out so accurately, the press is seriously broken. Seriously. Our education level has fallen. And insurrectionists and white supremacists are essentially running the House. This is such a low point. But historians will point to others like 1876. Perhaps reading American history can be a comfort? I don’t know. Speculation right now does not help us. The only thing that helps is, like, what happened with the Wisconsin court results yesterday.
Steve, if it feels wrong, it’s probably quite wrong. Mens rea is the legal Latin term we use to describe criminal intent. Q: did Donald J. Trump have criminal intent? YES, he did. Does the DA have proof? Yes. He does. Case closed.
Thank you, this is the question of intent. In my field (accounting) you can have someone mis-classify revenue or expenses due to lack of understanding or incomplete knowledge. If there is an intent to not properly classify revenue or expenses, with the intent to reduce tax burden, then its illegal. All based on intent.
Thank you, Janet. Here's my post from yesterday:
[...] there's an excellent guest essay in the NYTimes tonight by two experts saying D.A. Bragg has a case that is neither "political," "novel," nor "weak," but right in line with a tradition of the Manhattan D.A. prosecuting white-collar criminals like Trump.
https://www.nytimes.com/2023/04/04/opinion/donald-trump-alvin-bragg-indictment-charges.html
GUEST ESSAY
We Finally Know the Case Against Trump, and It Is Strong
Tues April 4, 2023, 7:57 p.m. ET By Karen Friedman Agnifilo and Norman Eisen
Ms. Agnifilo is a former Manhattan chief assistant district attorney. Mr. Eisen is a senior fellow at the Brookings Institution.
I whole heartedly agree with you about subscribing to Joyce Vance's Civil Discourse. She knows the law and explains it in a straight-forward manner. She also raises chickens and supplies chicken pictures.
And she knits too I think! Hope I’m not mixing her up with Heather...
You're right, she does knit.
I can’t weigh in on the merits of the case, albeit crimes did happen. But I like that Bragg got the party started. He may not be the most fabulous guest at the party but he is the first one to get on the dance floor and probably encourage all the others to join him soon. So many crimes, so little time - let’s make this orange gasbag’s brain explode with too much to keep track of and attack at once. His faltering mentation is obvious and only getting worse from too much Diet Coke and a lifetime of mental instability.
In her "Civil Discourse" Vance embeds a link to DA Bragg's "statement of facts" which accompanied the indictment. It reads like a script from "The Valachi Papers" or even "The God Father II", or better, "The Irishman". This indictment details an organized crime led and directed by a loud-mouthed, loutish and narcissistic would-be gang-land boss/dictator. I agree that litigating this case may be challenge but as Vance closes our her piece she writes, "A few weeks ago, I wrote to you that 'Some people have suggested that the charges under consideration in Manhattan are insignificant. . . . I don’t see it that way. The Stormy Daniels incident is the origin story for Trump’s efforts to manipulate elections in unfair ways.' The indictment confirms that’s true. The chandeliers may have been sparkly at Mar-a-Lago tonight for Trump’s recitation of grievance, but his lawyers, if not he, understand they have a difficult, albeit lengthy, path ahead that is very likely to result in a number of convictions." As for Trump and his supporters who continue to maintain this is a persecution, writer William Saleton (who is not a fan of the indictment) responded to that in his column this morning, "The reason why all these prosecutors are investigating Trump isn’t some grand conspiracy to destroy an innocent man. The reason is that he’s a crook. He lies, he cheats, he conspires, he fabricates, he extorts. And he’ll go on lying and fabricating—creating new headaches for the lawyers and apologists who keep trying to clean up after him—until they figure out that they can’t stop him from being what he is."
Excellent and concise, Nathan -this is very helpful. Thank you!
Please correct if wrong, but most of the NYT/WaPo-type commentary has seemed to make only glancing reference (if any) to the distinction between a speaking indictment -- the type that lays out the entire case -- and what was required in SDNY, which is not as detailed. Long/short: we won't know the full details about what prosecutors will argue or offer till trial. Whole lotta oxygen being burned up on guesses based on partial information. But what else is new? ;)
Like you, I trust Joyce Vance and Barb McQuade - also several times i have heard and read this is NOT a novel prosecution. I trust DA Bragg with going into this with full knowledge that he has a case and a good one. I, too, have come to distrust the media, all the media, including MSNBC which i love- the other day Michael Steele was on and said something I have been saying for weeks. OTHER NEWS, THERE IS OTHER NEWS - Stop giving these people the airtime they so covet. Move on, a full day watching cars driving on the FDR, etc was not to my liking. I actually watched reruns of Friends just to while the time away -(I work from home, so the TV is pretty much always on.) Watching all those news commentators wasting their time downtown waiting for something to happen is just crap. And that's all I have to say about that. Thanks Steve, as usual
I'm sincerely inspired that you're watching feel-good tv reruns. It beats feeling bad. Thanks.
Thank you for opening this thread. Most of your readers give such complex responses. It is (currently) a waaaay better forum than other social media.
People that cheat to win elections must be held to account. The misdeeds of these few men have wreaked havoc on our nation and my well being. The truth does set us free; but first it will make us angry. Thank you Steve!!!
Great column, Steve. There's a saying that from little acorns, giant oaks grow. This case could well be the acorn that will rise as the foundation to all of the other cases success. The photos of trump in the courtroom did not show a worried, diminished, caught person, but rather one that was seething with revenge, resentment that he was 'targeted', and the wheels were turning as to how to 'beat this rap'. That's what I saw in his eyes. But I believe he's up against a higher brick wall than he thinks, and will be convicted. Whether there's jail time, who knows.
Who do I trust to give us the facts? Of course, Joyce Vance - I just subscribed to her Substack newsletter, Ari Melber on NBC and Substack - his go-round with Tacopina I beleve is on YouTube, and he has a brilliant, logical legal mind and is a member of the NY bar; Andrew Weismann of course, as well as Nick Ackerman and Lawrence Tribe. Those are the legal experts I trust, and will continue to listen to throughout this mish-mosh of the next year(?) until it is all finished.
In the meantime, Congress should invoke the 14th amendment and prevent trump from ever holding another legal office (even dog-catcher), of course whether they can get their act together is another question entirely.
I wish the were my words! Well done, Pen!
I am a subscriber to Civil Discourse, have been for a good while, proffered by a frm. U. S. Attorney and current law Professor..Joyce Vance’s analysis of all matters legal for me is the gold standard..I also have learned a great deal from Andrew Weismann and Neal Katyal..
The podcast Sisters-in-law with Jill Wine-Banks, Barbara McCade and Kimberly Atkinson-Stor is also a good source..
I believe we have one party that still stands for the American people. It's not perfect, far from it, but Democrats still believe in a higher moral state. Our lawmakers take an oath to follow the constitution when they enter office and yet the GOP has discarded everything good, we have built upon for the last nearly 250 years. They have thrown away their morals and any sense of what an American citizen stands for. They have forced their ridiculous laws on the majority of the people and claim to be on the moral high ground. Yes, we are still a nation of laws, and everyone should be treated the same. Trump has bucked the law his entire life and maybe just maybe there will be justice., As for the Republican party they are incorrigible and I do not hold any hope they will ever enter into the light again, at least in my lifetime.
I appreciate your honesty, although the truth of the incorrigible GOP is depressing. We can only do the best we can do. Thanks.
I agree it is depressing. I occasionally have to step away from the news and social media to engage in fun activities just to keep my sanity and my ability not to fall into a dark state about the current state of our nation. It helps though to speak on a forum about how we all feel about what is happening. Thanks to Steve, for providing us with a knowledgeable historical approach to our current political dilemma.
Joyce Vance is the best interpreter of the law for me. I read her every day. And for a big plus, I've happy to have become acquainted with her Alabama chickens.
I subscribe to Joyce Vance's Civil Discourse for clarity in all matters trump. She explains in clear, easy to understand terms all we need to know. Plus she has a calming effect most of the time. She also has some gorgeous chickens she shares with us from time to time. I am not going to worry about the details of the trump indictment until the trial starts. I am happy he has finally been arrested and is being held accountable for something. Arrested was a good look for trump to wear, he wasn't in control of anything. I hope he gets arrested on other charges before December
I am so happy. There is no place on earth that knows how to protest in style like NYC. mtg was chased off within 5 minutes of her attempting to out yell over a crowd. NYC will eat you up, guurl.
I will have the catchy ♫ lock him up lock him up ♪ cowbell version in my head and heart for quite a while, bobbing my head and smiling.
To those who say, "This is unprecedented! How an they do this? This has never happened before! Blah, blah, blah..." Well, there was a time when no one had ever run a 4-minute mile. And that was until, there was a person with all the positive traits (focus, strength, endurance) to accomplish the never-before accomplished milestone. In our current instance, re Trump, indeed, this has never happened before, and it is unprecedented. That is, until now, we have never had a person with all the negative traits (lying, cheating, stealing, mobishness, etc., and yes, charisma to some), who did things, from a position of power, that warranted our society's push-back.
Excellent analysis here, Jerry - I get it!