Saturday, November 28, 2020

DONALD TRUMP - I WILL NEVER GO TO PRISON. BIDEN IS TOO CHICKEN SHIT TO INVESTIGATE ME BECAUSE I HAVE THE GOODS ON HUNTER, CLINTON AND OBAMA

Then, after he leaves the White House he and his family can profit to their hearts' content, unfettered by the real conflicts of interest that come and should be prosecuted when merchants in misery like the Clintons (and others) milk public charities. illegally. CHARLES ORTEL

As he himself once said, “When you’re a star, they let you do it.” JEFF WISE

The People v. Donald J. Trump 

The criminal case against him is already in the works — and it could go to trial sooner than you think.

Jeff Wise

The defendant looked uncomfortable as he stood to testify in the shabby courtroom. Dressed in a dark suit and somber tie, he seemed aged, dimmed, his posture noticeably stooped. The past year had been a massive comedown for the 76-year-old former world leader. For decades, the bombastic onetime showman had danced his way past scores of lawsuits and blustered through a sprawl of scandals. Then he left office and was indicted for tax fraud. As a packed courtroom looked on, he read from a curled sheaf of papers. It seemed as though the once inconceivable was on the verge of coming to pass: The country’s former leader would be convicted and sent to a concrete cell.

The date was October 19, 2012. The man was Silvio Berlusconi, the longtime prime minister of Italy.

Here in the United States, we have never yet witnessed such an event. No commander-in-chief has been charged with a criminal offense, let alone faced prison time. But if Donald Trump loses the election in November, he will forfeit not only a sitting president’s presumptive immunity from prosecution but also the levers of power he has aggressively co-opted for his own protection. Considering the number of crimes he has committed, the time span over which he has committed them, and the range of jurisdictions in which his crimes have taken place, his potential legal exposure is breathtaking. More than a dozen investigations are already under way against him and his associates. Even if only one or two of them result in criminal charges, the proceedings that follow will make the O.J. Simpson trial look like an afternoon in traffic court.

It may seem unlikely that Trump will ever wind up in a criminal court. His entire life, after all, is one long testament to the power of getting away with things, a master class in criminality without consequences, even before he added presidentiality and all its privileges to his arsenal of defenses. As he himself once said, “When you’re a star, they let you do it.” But for all his advantages and all his enablers, including loyalists in the Justice Department and the federal judiciary, Trump now faces a level of legal risk unlike anything in his notoriously checkered past — and well beyond anything faced by any previous president leaving office. To assess the odds that he will end up on trial, and how the proceedings would unfold, I spoke with some of the country’s top prosecutors, defense attorneys, and legal scholars. For the past four years, they have been weighing the case against Trump: the evidence already gathered, the witnesses prepared to testify, the political and constitutional issues involved in prosecuting an ex-president. Once he leaves office, they agree, there is good reason to think Trump will face criminal charges. “It’s going to head toward prosecution, and the litigation is going to be fierce,” says Bennett Gershman, a professor of constitutional law at Pace Law School who served for a decade as a New York State prosecutor.

Here, according to the legal experts, 

is how Trump could become the first 

former president in American history 

to find himself on trial — and perhaps

even behind bars.

You might think, given all the crimes Trump has bragged about committing during his time in office, that the primary path to prosecuting him would involve the U.S. Justice Department. If Joe Biden is sworn in as president in January, his attorney general will inherit a mountain of criminal evidence against Trump accumulated by Robert Mueller and a host of inspectors general and congressional oversight committees. After the DOJ’s incoming leadership is briefed on any sensitive matters contained in the evidence, federal prosecutors will move forward with their investigations of Trump “at the fastest pace they can,” says Mary McCord, the former acting assistant attorney general for national security.

They’ll have plenty of potential charges to choose from. Both Mueller and the Senate Intelligence Committee — a Republican-led panel — have extensively documented how Trump committed obstruction of justice (18 U.S. Code § 73), lied to investigators (18 U.S. Code § 1001), and conspired with Russian intelligence to commit an offense against the United States (18 U.S. Code § 371). All three crimes carry a maximum sentence of five years in prison — per charge. According to legal experts, federal prosecutors could be ready to indict Trump on one or more of these felonies as early as the first quarter of 2021.

But prosecuting Trump for any crimes he committed as president would face two significant and perhaps fatal hurdles. First, on his way out of office, Trump could decide to preemptively pardon himself. “I wouldn’t be surprised if he issues a broad, sweeping pardon for any U.S. citizen who was a subject, a target, or a person of interest of the Mueller investigation,” says Norm Eisen, who served as counsel to House Democrats during Trump’s impeachment. Since scholars are divided on whether a self-pardon would be constitutional, what happens next would depend almost entirely on which judge ruled on the issue. “One judge might say, ‘Sorry, presidential pardons is something the Constitution grants exclusively to the president, so I’m going to dismiss this,’ says Gershman. Another judge might say, No, the president cant pardon himself. Either way, the case would almost certainly wind up getting litigated all the way to the Supreme Court, perhaps more than once, causing a long delay.

Even if the courts ultimately ruled a self-pardon unconstitutional, another big hurdle would remain: Trump’s claims that “executive privilege” bars prosecutors from obtaining evidence of presidential misconduct. The provision has traditionally been limited to shielding discussions between presidents and their advisers from external scrutiny. But Trump has attempted to expand the protection to include pretty much anything that he or anyone in the executive branch has ever done. William Consovoy, one of Trump’s lawyers, famously argued in federal court that even if Trump gunned someone down in the street while he was president, he could not be prosecuted for it while in office. Although the courts have repeatedly ruled against such sweeping arguments, Trump will continue to claim immunity from the judicial process after he leaves office — a surefire delaying tactic. “If federal charges were ever brought, it is unlikely that a trial would be scheduled or start anytime in the foreseeable future,” says Timothy W. Hoover, president of the New York State Association of Criminal Defense Lawyers. By the time any federal charges come to trial, Trump is likely to be either senile or dead. Even if he broke the law as president, the experts agree, he may well get away with it.

But federal charges aren’t the likeliest way that The People v. Donald J. Trump will play out. State laws aren’t subject to presidential pardons, and they cover a host of crimes beyond those committed in the White House. When it comes to charging a former president, state attorneys general and county prosecutors can go places a U.S. Attorney can’t.

According to legal experts, the man most likely to drag Trump into court is the district attorney for Manhattan, Cyrus Vance Jr. Its a surprising scenario, given Vances well-deserved reputation as someone who has gone easy on the rich and famous. After taking office in 2010, he sought to reduce Jeffrey Epsteins status as a sex offender, dropped an investigation into whether Ivanka Trump and Donald Trump Jr. had committed fraud in the marketing of the Trump Soho, and initially decided not to prosecute Harvey Weinstein despite solid evidence of his sex crimes. He has a reputation for being particularly cautious when it comes to going after rich people, because he knows that those are the ones who can afford the really formidable law firms,” says Victoria Bassetti, a fellow at the Brennan Center for Justice who served on the team of lawyers that oversaw the Senate impeachment trial of Bill Clinton. “And like most prosecutors, Vance is exceptionally protective of his win-loss rate.”

But it was Vance who stepped up when the federal case against Trump faltered. “He’s a politician,” observes Martin Sheil, a former IRS criminal investigator. “He’s got his finger up. He knows which way the wind’s blowing, and he knows the wind in New York is blowing against Trump. It’s in his political interest to join that bandwagon.”

Last year, after U.S. Attorneys in the Southern District dropped their investigation into the hush money that Trump had paid Stormy Daniels, Vance took up the case. Suspecting that l’affaire Stormy might prove to be part of a larger pattern of shady dealings, his office started digging into Trump’s finances. What Vance is investigating, according to court filings, is evidence of “extensive and protracted criminal conduct at the Trump Organization,” potentially involving bank fraud, tax fraud, and insurance fraud. The New York Times has detailed how Trump and his family have long falsified records to avoid taxes, and during testimony before Congress in 2019, Trump’s longtime fixer Michael Cohen stated that Trump had inflated the value of his assets to obtain a bank loan.

Crucially, all of these alleged crimes occurred before Trump took office. That means no claims of executive privilege would apply to any charges Vance might bring, and no presidential pardon could make them go away. A whole slew of potential objections and delays would be ruled out right off the bat. What’s more, the alleged offenses took place less than six years ago, within the statute of limitation for fraud in New York. Vance, in other words, is free to go after Trump not as a crooked president but as a common crook who happened to get elected president. And the fact that he has been pursuing these cases while Trump is president is a sign that he won’t be intimidated by the stature of the office after Trump leaves it.

In writing up an indictment against Trump, Vance’s team could try to string together a laundry list of offenses in hopes of presenting an overwhelming wall of guilt. But that approach, experts warn, can become confusing. “A two- or three-count indictment is easier to explain to a jury,” says Ilene Jaroslaw, a former assistant U.S. Attorney. “If they think the person had criminal intent, it doesn’t matter if it’s two counts or 20 counts, in most cases, because the sentence will be the same.”

There are two main charges that Vance is likely to pursue. The first is falsifying business records (N.Y. Penal Law § 175.10). During Cohen’s trial, federal prosecutors filed a sentencing memorandum that explained how the Trump Organization had mischaracterized hush-money payments as “legal expenses” in its bookkeeping. Under New York law, falsifying records by itself is only a misdemeanor, but if it results in the commission of another crime, it becomes a felony. And false business records frequently lead to another offense: tax fraud (N.Y. Tax Law § 1806).

If Trump cooked his books, observes Sheil, that false information would essentially “flow into the tax returns.” The first crime begets the second, making both the bookkeeper and the tax accountant liable. “Since you have several folks involved,” Sheil says, “you could either bring a conspiracy charge, maximum sentence five years, or you could charge each individual with aiding and abetting the preparation of a false tax return, with a max sentence of three years.”

To build a fraud case against Trump, Vance subpoenaed his financial records. But those records alone won’t be enough: To secure a conviction, Vance will need to convince a jury not only that Trump cheated on his taxes but that he intended to do so. “If you just have the documents, the defense will say that defendant didn’t have criminal intent,” Jaroslaw explains. “I call it the ‘I’m an idiot’ defense: ‘I made a mistake. I didn’t mean to do anything.’ Unfortunately for Trump, both Cohen and his longtime accountant, Allen Weisselberg, have already signaled their willingness to cooperate with prosecutors. “What’s great about having an accountant in the witness stand is that they can tell you about the conversation they had with the client,” Jaroslaw says.

Through appeals, Trump has managed to drag out the battle over his tax returns. The case has gone all the way to the Supreme Court, back down to the district court, and back up to the appeals court. But Trump has lost at every stage, and it appears that his appeals could be exhausted this fall. Once Vance gets the tax returns, Eisen estimates, he could be ready to indict Trump as early as the second quarter of 2021.

Sheil, for one, believes Vance may already have Trump’s financial records. It’s routine procedure, he notes, for criminal tax investigators working with the Manhattan DA to obtain personal and business tax returns that are material to their inquiry. But issuing a subpoena to Trump’s accountants may have been a way to signal to them that they could face criminal charges themselves unless they cooperate in the investigation.

Once indicted, Trump would be arraigned at New York Criminal Court, a towering Art Deco building at 100 Centre Street. Since a former president with a Secret Service detail can hardly slip away unnoticed, he would likely not be required to post bail or forfeit his passport while awaiting trial. His legal team, of course, would do everything it could to draw out the proceedings. Filing appeals has always been just another day at the office for Trump, who, by some estimates, has faced more than 4,000 lawsuits during the course of his career. But this time, his legal liability would extend to numerous other state and local jurisdictions, which will also be building cases against him. “There’s like 1,037 other things where, if anybody put what he did under a microscope, they would probably find an enormous amount of financial improprieties,” says Scott Shapiro, director of the Center for Law and Philosophy at Yale University.

Even accounting for legal delays, many experts predict that Trump would go to trial in Manhattan by 2023. The proceedings would take place at the New York State Supreme Court Building. Assuming that the judge was prepared for an endless barrage of motions and objections from Trump’s defense team, the trial might move quite quickly — no longer than a few months, according to some legal observers. And given the convictions that have been handed down against many of Trump’s top advisers, there’s reason to believe that even pro-Trump jurors can be persuaded to convict him. “The evidence was overwhelming,” concluded one MAGA supporter who served on the jury that convicted Paul Manafort, Trump’s former campaign chairman. “I did not want [him] to be guilty. But he was, and no one is above the law.”

Trump’s conviction would seal the greatest downfall in American politics since Richard Nixon. Unlike his associates who were sentenced to prison on federal charges, Trump would not be eligible for a presidential pardon or commutation, even from himself. And while his lawyers would file every appeal they can think of, none of it would spare Trump the indignity of imprisonment. Unlike the federal court system, which often allows prisoners to remain free during the appeals process, state courts tend to waste no time in carrying out punishment. After someone is sentenced in New York City, their next stop is Rikers Island. Once there, as Trump awaited transfer to a state prison, the man who’d treated the presidency like a piggy bank would receive yet another handout at the public expense: a toothbrush and toothpaste, bedding, a towel, and a green plastic cup.

*This article appears in the September 14, 2020, issue of New York Magazine. Subscribe Now!

 

Mueller Investigator Andrew Weissmann Calls for Biden DOJ to Prosecute Trump

HBO

24 Nov 20208,185

1:47

Andrew Weissmann, an MSNBC contributor and top deputy to former special counsel Robert Mueller, is calling on former Vice President Joe Biden to prosecute President Donald Trump, assuming he will be inaugurated in January.

Weissmann, in an op-ed for the New York Times that the next Department of Justice “should investigate Mr. Trump and, if warranted, prosecute him for potential federal crimes.”

“Mr. Trump’s criminal exposure is clear,” he said, adding that there is “ample evidence to support a charge that Mr. Trump obstructed justice,” in the Mueller probe, which cleared the president of any criminal wrongdoing between himself and the Russian government during his White House transition.

Weissmann then floated the possibility that President Trump could “pardon not just his family and friends before leaving office but also himself in order to avoid federal criminal liability.”

“In short, being president should mean you are more accountable, not less, to the rule of law,” he concluded.

Weissmann’s op-ed comes after the former Mueller prosecutor compared President Trump to Nazi Germany Dictator Adolf Hitler.

“For those people who say we should appease Trump, how did that approach go for Neville Chamberlain,” he wrote on Twitter.

In September, Weissmann seemingly threw Mueller under the bus by lamenting that they “could have done more” in their investigation into President Trump.

“Had we given it our all — had we used all available tools to uncover the truth, undeterred by the onslaught of the president’s unique powers to undermine our efforts?” he wrote in The Atlantic. “I know the hard answer to that simple question: We could have done more.”

Then, after he leaves the White House he and his family can profit to their hearts' content, unfettered by the real conflicts of interest that come and should be prosecuted when merchants in misery like the Clintons (and others) milk public charities. illegally.

Charles Ortel

Wait...Now Democrats Want Biden to Pardon Donald Trump?

Matt Vespa

 

Source: AP Photo/Evan Vucci

Okay, I really don’t get this piece in NBC News. Also, when Democrats start saying, ‘hey, maybe Biden should pardon Trump’ we should all get nervous. What’s the angle here? Seriously, it makes zero sense and Joe Biden has even said he’s not going to issue a pardon for Donald Trump should he win the election, so this is more of a thought exercise from Michael Conway, who was a counsel for the House Judiciary Committee’s impeachment inquiry into Richard Nixon in 1974. He’s also the man who wrote, “What Will It Take for Democrats to Unite Behind Impeaching Trump?” in The New York Times in 2019. 

Conway offers his reasons and highlights one area I forgot to mention about a pardon. It doesn’t cover state crimes, so the politically motivated legal war against Donald Trump could continue in New York. Yet, the main reason why Biden should issue a pardon is that a) it could get Trump to at least admit he committed crimes as president, and b) like Ford, provide an avenue for all of us to move on and heal (via NBC News):

First and foremost, Trump’s acceptance of a pardon — under the 1915 Supreme Court opinion in Burdick v United States — is an admission that he was guilty of the crimes for which he has been pardoned. Pardoning him may be the only way that Trump even implicitly concedes he did anything wrong.

And a federal pardon wouldn’t eliminate all of Trump’s potential criminal exposure. The Supreme Court last year declined to overrule long-standing precedent which allows parallel state and federal prosecutions based upon the same facts.

So, a presidential pardon would not bar Manhattan District Attorney Cyrus Vance from investigating and potentially prosecuting Trump and his company for crimes under state law. And his investigation already led to a Supreme Court ruling this summer rejecting Trump’s claim of immunity from criminal investigation while president.

Accepting a federal pardon — especially a pardon for crimes violating both federal and state laws — would be a double-edged sword for the president. And whatever the result of any state investigation or prosecution, it could not be laid at Biden’s doorstep. It would not be his appointees investigating the former president, his recent political adversary; it would not be his employees prosecuting him. In fact, a pardon from Biden would mean that they could not.

Democrats already know what the mirror image of that looks like. When Trump called for the jailing of his political opponents, he was justly condemned as promoting a vendetta characteristic of a banana republic.

[…]

A Biden pardon of Trump, like the pardoning of former President Richard Nixon 46 years ago, would be intended to heal the nation and foreclose the possibility of an ongoing cycle of retribution after political parties change control of the government.

We’ve done this before.

Yeah, he also noted that Gerald Ford lost his 1976 re-election because of the backlash from the pardon. Yes, it’s been shown to be the move that helped the nation move on from Nixon and Watergate, but it killed his presidency. Are Democrats willing to do that with Biden? Maybe. No Democrat is really enthused by him and most Democrats only voted for him because he wasn’t Donald Trump. Hey, the “anti” candidacy prevailed this time whereas characters in the past who had tried to use that mold to win a race, John Kerry (anti-Bush) and Mitt Romney (anti-Obama), had failed. For now, Biden appears on top, but we still have ballots to count and legal challenges to settle. 

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Frankly, if Biden changes course, this will render his administration politically dead. No Democrat wants this; it will be fodder for the liberal media to talk about, but the progressive base would be in an uproar. As for Trump, well, again, I do see upsides of him pardoning himself because no matter what a Biden DOJ is going to be gunning for him. The state crimes aspect is also troubling, and Trump didn’t do anything wrong, but that didn’t stop the remnants of the Obama DOJ from destroying the lives of Michael Flynn and Carter Page. Flynn is still in legal purgatory. Even if we hold the Senate and Biden nominates a moderate-ish candidate for attorney general. Okay, not moderate, but someone who isn’t loud, controversial, and most of all boring—you think that’s going to stop the legal crusade against Trump? Democrats don’t play by the rules. They lie, cheat, and steal. And they will certainly find some way to indict Trump if he doesn’t take the necessary actions should all else fail concerning the legal front of this election cycle. What that is…I’m not so sure now. 

It sucks, either way, you think about it. 

President-elect Biden wary of Trump-focused investigations, sources say

Carol E. Lee and Kristen Welker and Mike

WASHINGTON — President-elect Joe Biden has privately told advisers that he doesn't want his presidency to be consumed by investigations of his predecessor, according to five people familiar with the discussions, despite pressure from some Democrats who want inquiries into President Donald Trump, his policies and members of his administration.

Biden has raised concerns that investigations would further divide a country he is trying to unite and risk making every day of his presidency about Trump, said the sources, who spoke on background to offer details of private conversations. They said he has specifically told advisers that he is wary of federal tax investigations of Trump or of challenging any orders Trump may issue granting immunity to members of his staff before he leaves office. One adviser said Biden has made it clear that he "just wants to move on."

Another Biden adviser said, "He's going to be more oriented toward fixing the problems and moving forward than prosecuting them."

Any approach by Biden's Justice Department to Trump, his staff, his associates, his business or his policies wouldn't affect investigations by state officials, including Manhattan District Attorney Cyrus Vance Jr., who has fought to obtain Trump's tax returns.

As Biden tries to balance his own inclinations and pressures from within his party, his advisers stressed that he is seeking to reset the dynamic between the White House and the Justice Department from what it has been under Trump.

Biden wants his Justice Department to function independently from the White House, aides said, and Biden isn't going to tell federal law enforcement officials whom or what to investigate or not to investigate.

"His overarching view is that we need to move the country forward," an adviser said. "But the most important thing on this is that he will not interfere with his Justice Department and not politicize his Justice Department."

A third Biden adviser said that when it comes to any Trump-related investigations, the expectation is "it's going to be very situational" and "depending on the merits." Broadly, Biden's priorities would be the economy, the coronavirus, climate change and race relations, not looking back at the Trump administration, an adviser said.

Presidents generally set the tone for what issues they believe should be priorities for the Justice Department, and questions about Trump-related investigations or retrospective reviews are expected to intensify as Biden gets closer to taking office.

"He can set a tone about what he thinks should be done," a Biden adviser said. But, the adviser said, "he's not going to be a president who directs the Justice Department one way or the other."

Biden's team is also reluctant to send any signal to Trump administration officials that the Justice Department wouldn't look into their actions, given that there are still nine weeks until the inauguration, another person briefed about the discussions said. "While they're not looking for broad criminal indictments, they do want to make sure that people don't think there are no ramifications for any of their actions between now and the new presidency," this person said.

Emphasizing an arm's-length approach to the Justice Department could give Biden cover from criticism from his supporters about any lack of investigations into Trump, his policies or his staff. Democrats have sharply criticized Trump's direct influence on Justice Department investigations, including his calls for Biden and former President Barack Obama to be prosecuted over allegations of unspecified crimes. Pledging, as Biden has, not to interfere with federal investigations would be welcomed by many of his supporters.

But it will be difficult for Biden to avoid the issue altogether, given the expected calls for investigations into an array of issues involving Trump — from his administration's child separation policy to his taxes, possible conflicts of interest and potential campaign finance law violations. The issue could set Biden on a collision course with some of his own supporters, who are eager for a wholesale examination of the Trump presidency.

"There's also a strong school of thought that believes the law's the law," a Biden adviser said, describing the internal debate.

Biden said many times during the campaign that he would leave any decision whether to prosecute Trump up to his attorney general. "If that was the judgment that he violated the law and he should be, in fact, criminally prosecuted, then so be it," he said during a debate in Atlanta. "But I would not direct it." Biden has said he wouldn't pardon Trump should that become a realistic question.

Still, multiple aides said, Biden is generally not inclined to see his Justice Department investigate Trump.

One of the reasons he has given aides is that he believes investigations would alienate the more than 73 million Americans who voted for Trump, the people familiar with the discussions said. Some Democrats have said Biden should be prioritizing the concerns of his supporters, not those of his detractors.

The delicate balance of answering to his own supporters and uniting the country is in part why Biden recognizes that his nominee for attorney general is "going to be one of the most consequential decisions he's going to make," an adviser said.

Biden has vowed to sign an executive order declaring that any member of his administration would be fired if found to "initiate, encourage, obstruct or otherwise improperly influence specific DOJ investigations or prosecutions for any reason."

The dilemma facing Biden is similar to the one Obama faced when he took office in 2009. Democrats were demanding the prosecution of Bush administration officials who were involved in policies that allowed enhanced interrogations, or torture, of terrorism suspects.

To appease those Democrats, Obama released memos about the controversial program and then publicly said he didn't support prosecuting Bush administration officials who devised or carried out the policies. He also rejected calls for a 9/11-style commission or a truth and reconciliation commission, like the one that examined apartheid in South Africa, to review the policies.

What Are the Chances Trump Could Actually Go to Jail?

New York state legal experts—and one of the president’s biographers—weigh in.

by James Bruno

August 11, 2020

POLITICS

The White House/Flickr

Will America soon have its first Shawshank President? Will Donald Trump find himself fending off riots in the Attica mess hall? Tweetless and at the mercy of 2,000 “angry Democrat” inmates?

A number of recent developments show that one cannot rule it out. Things took a decidedly serious turn last week when New York prosecutors told a federal judge that there were “public reports of possibly extensive and protracted criminal conduct at the Trump Organization.” They added that they that they may also be investigating possible crimes involving bank and insurance fraud, according to the New York Times, which also reported that Deutsche Bank has been complying with a Manhattan District Attorney’s Office subpoena for months, turning over detailed financial records in connection with some $2 billion the bank has lent Trump.

The news comes on the heels of a Supreme Court ruling last month that declared the president was not immune from state criminal investigations, therefore clearing the way for a New York grand jury to subpoena Trump’s financial records, an effort spearheaded by Manhattan District Attorney Cyrus R. Vance Jr.

For Trump, the stakes couldn’t be higher once he leaves office: He could go from the White House to the Big House.

So, I asked some experts the likelihood that the president could really wind up in a New York prison. “Absolutely yes, if we are a nation of equal justice and Trump is convicted of serious felonies,” Trump biographer David Cay Johnston told me. But he quickly added, “Whether it happens is entirely unpredictable.”

Still, New York has a real chance at putting Trump behind bars. The state has jurisdiction over most of his properties and operations relating to his 2016 presidential campaign. Crucially, states also are not subject the U.S. Department of Justice’s rule that a sitting president may not be prosecuted for federal crimes. Trump, therefore, is stripped of his four-year kryptonite shield if he is re-elected. A state indictment of a sitting president, though historically unprecedented, is entirely possible. His DOJ-Roy Cohn, Bill Barr, is constitutionally powerless to intervene.

That should make Trump uneasy, especially as New York Attorney General Letitia James ramps up her own investigations. “We will use every area of the law to investigate President Trump and his business transactions and that of his family,” she declared after taking office two years ago.

At the same time, Vance’s subpoena appears to go beyond obtaining financial records relating to alleged pre-election hush money payments to silence two women, Stormy Daniels and Karen McDougal. Both of the women claim to have had affairs with Trump. Information gleaned from the DA’s inquiry could expose tax cheating and money laundering as well as bank and insurance fraud, which are felonies.

Johnston told me he’s confident that Vance already has Trump’s New York tax filings. Even though the IRS and state tax authorities share tax information on citizens and business entities, it’s unclear whether he also has the president’s federal returns. The DA is seeking Trump’s financial records from his accounting firm Mazars USA in addition to Deutsche Bank—to compare that data with what he already possesses, looking for corroborating information, according to Johnston.

“Trump has a well-documented history as a tax 

cheat and for hiding business records,” Johnston 

said. “This is garden variety tax fraud, a straight-up 

tax scam that could easily be a felony.”

That doesn’t necessarily mean he will go to jail. More often than not, tax cheats get away with heavy fines in lieu of prison sentences, Johnston said. Moreover, Trump, like many very wealthy people, will continue to throw monkey wrenches into the judicial system with appeal after appeal and other rope-a-dope tactics until revenue agencies finally become open to a low-punitive settlement.

This is echoed by Duncan Levin, formerly a senior staff member under District Attorney Vance and an ex-assistant U.S. attorney. Whether the president would actually be sentenced to prison is a political call, Levin said. “Can you imagine an ex-U.S. president actually being sent to prison?” he told me. “It’s inconceivable that Trump didn’t know about the hush money payments. But it’s highly unlikely that he’d be arrested on misdemeanor charges. They would have to be very serious felonies.” False statements to financial institutions would count.

More likely, he added, the DA may be zeroing in at this point on Trump’s inner circle. “Michael Cohen didn’t act alone. He collaborated with people within the Trump organization to cover up the hush payments just before the election,” Levin said. Look, at least initially, for indictments of Trump underlings.

The good news, though, is that Vance will not put off his investigation and possible indictments until after the November election. DA’s proceed on cases irrespective of extraneous events, including a general election, Levin said.

But the hope of many that Trump could finally be held accountable for his crimes may be remote. At most, one can imagine him behind bars at a white-collar correctional facility like that of his former lawyer Michael Cohen, as opposed to hard time at a penitentiary like Attica. For now, though, time will tell. The Americans who want to see justice carried out are more likely to watch this shamed crook-in-chief spending his remaining years out of office consumed in exhausting and financially draining legal battles, fully exposed for the criminal he’s always been.


James Bruno

James Bruno is a Washington Monthly contributing writer and former U.S. diplomat. Read his blog, DIPLO DENIZEN, and follow him on Twitter @JamesLBruno. The opinions and characterizations in this article are those of the author, and do not necessarily represent official positions of the U.S. government
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"The Bill, Hillary & Chelsea Clinton Foundation" that began hustling in New York in 1998, while the Clinton's and their lawyers needed vast sums to fend off impeachment, and pay overdue legal bills.

 

Ignoring Clinton Charity Frauds to Attack Trump for Paying Taxes

 

By Charles Ortel

Yesterday, the New York Times published 10,000 empty words on Donald Trump’s taxes, a barrage of self-inflicted wounds gutting the integrity of the editorial staff and management of this publicly traded, yet family influenced company. Yet it was not an effective indictment of any Trump family member.

It is not a crime to offset losses against income, a fact that has been true for decades. And, it is profit-seeking businesses, and their owners and employees that produce the bulk of taxable income, yielding revenue needed to defray expenses of government.

Over decades, generations of Trumps employed thousands of New Yorkers directly and indirectly producing incomes and spending that filled tax coffers at federal, state, city and county level.   But instead of cultivating the Trump family and other profit-seekers, city and state government officials decided to persecute them, something Mayor DeBlasio and Governor Cuomo II, seemingly delight in doing.

A Welcome Mat for Grifters

While the Trump family hails from the Empire State, Bill and Hillary Clinton formally arrived there officially as a pair of carpetbaggers from Washington, DC in 2001, having plucked their previous domiciles clean.

Like her predecessor Eric Schneiderman, New York Attorney General Tish James relentlessly pounds the Trump family for charity offenses but so far has turned a blind eye to the biggest illegal enrichment scheme using "charities" since Tammany Hall.

Meanwhile, editors at The New York Times refuse to look through publicly available filings concerning a supposed charity now called "The Bill, Hillary & Chelsea Clinton Foundation" that began hustling in New York in 1998, while the Clinton's and their lawyers needed vast sums to fend off impeachment, and pay overdue legal bills.

When it comes to the Trumps, authorities enforce strict laws regulating charities and their money-raising appeals, but not so for the Clintons. This is especially true of Robert Mueller and James Comey, who "missed" the early period of Clinton charity fraud, when they "investigated" the Clinton Foundation with grand juries from 2001 to 2005, according to documents available online at the FBI Vault website.

By 2005, Bill Clinton boasted in the paperback edition of his book on page 958 that he spent time since January 2001: "building my library in Arkansas and my foundation in Harlem."

But hard facts suggest otherwise.

Documents available in Arkansas and on the Clinton Foundation website prove that the original entity -- The William J. Clinton Presidential Foundation -- operated from 23 October 1997 through 22 December 1997 without adopting Bylaws, in violation of Arkansas state law. This is not a minor, technical matter.

The crucial organizing document makes clear that the original nonprofit corporation was intended to be a public charity.  Public charities must formally exist and cannot be governed by one family or used to raise sums from corrupt donors looking to purchase influence.

So how, for example, did Bill and Hillary Clinton select a specific site for "their" foundation in Arkansas on Nov. 7, 1997 as a C-SPAN interview of Skip Rutherford (first president of Clinton Foundation) claims?  Bill did not become a trustee or director of any Clinton charity until 2009, while Hillary waited until 2013.

A Long Trail of Dubious Missteps

A fair analysis of public documents by the IRS, if it were politically neutral, would have denied federal tax exemption for the Clinton Foundation. Of course, that did not happen when Bill Clinton was in the White House. Instead, the IRS "ignored" obvious defects in the application and granted conditional exemption on Jan. 29, 1998 as the Clintons together fended off Bill's Paula Jones and Monica Lewinsky problems.

Then, by mid 1998, the Clinton Foundation filed a materially false registration statement in New York, failing to explain why the entity did not file an IRS return on Form 990 covering its partial year operation in 1997. Importantly, this registration did explain, before Hillary announced her ambition to represent New York in the U.S. Senate, that the Clinton Foundation would operate only in a Little Rock city park and not all over the world.

Ever since 1998, the Clintons have violated legions of laws that might protect New Yorkers from charity and tax frauds.  For example, a public charity must further specific, tax-exempt purposes. If it wishes to alter its geographic focus, it ordinarily must secure IRS approval, in advance, before making such a change. And, states including New York legally require charities to make prompt, publicly available notification of such changes.

The Clinton "charities" never have complied with crucial charity laws and did not even bother to file independent certified audits of their financial results for 1997, 1998, 1999, 2000, 2001, 2002, or 2003 in New York, as is specifically required. Thereafter, purported audits for 2004 forward are each materially false and incomplete. Without effective audits, no outsider can know what actually happened to donations sent towards a charity.

Does "The Clinton Foundation" Exist?

Forgetting grievous accounting "errors," no Clinton "charity" bothered to register with the New York Secretary of State until 2009. Before then numerous appeals went out supposedly using names associated with the Clinton family. These "fictitious names" have not been properly registered in each New York county where they have been used to solicit funds or to operate. The possibility that bank accounts may have been opened many places in these names is one that must be considered.

Real New Yorkers will remember when so many street corners in Manhattan had folding tables with gigantic glass jars on them supposedly seeking cash donations for the homeless. There was no actual charity in that case. Grifters pulled on heartstrings, and then harvested donations for themselves using glass jars instead of fake bank accounts.

Correcting the Record

What Bill, Hillary & Chelsea Clinton have done in New York and internationally with their many fake "charities" is far worse.

Ask people in India, Asia or Haiti, what happened to billions of dollars raised and, in theory, sent for natural disaster relief efforts overseen by the Clintons. To this day there has never been an honest accounting of these activities.

By what authority and in what guise was all this money solicited, raised and spent?

New York has pushed out a family of billionaires who fell afoul of charity offenses resulting in penalties of less than $30 million.

Meanwhile, they welcomed technically bankrupt Arkansans to foist a set of charity frauds on taxpayers that is at least $3 billion in size.

And what do the many preening "investigative journalists" at The New York Times do?

They stubbornly ignore the largest, as yet unprosecuted fraud and corruption scandal in American history.

When you say you are giving money away, no one checks carefully enough to see how much money you truly raised and where it actually went.

And when celebrities or politicians are involved, donors let down their guard.

The Trump Administration should not only make sure that all charity frauds are prosecuted aggressively, it should make harsh examples particularly of U.S. charities, real or fake, that solicit donations trading on the actus or imagined plight of others.

As for The New York Times, rest in blind partisanship but don't forget to register as an agent of the imaginary Biden for President campaign.

Donald Trump Should Not Bother with A Presidential Library

By Charles Ortel

Win or lose on Nov. 3, 2020, Donald Trump can set an excellent example by letting the National Archives retain and later provide access to all records created or received during his tenure as president of the United States.  Thereafter, citizens and scholars can study these presidential records. After all, they are our property, and not that of any single president.

Unlike all presidents in office from 1955 onwards (when the Presidential Libraries Act was signed into law), Donald Trump entered the White House with a vast fortune, and a track record promoting and developing business ventures inside and outside the United States. Given his accomplishments as president, he and his family will only have more substantial profit-making opportunities when he leaves the White House.

The Trump family will later only be hurt, possibly grievously from a financial point of view, if they simultaneously get involved with a presidential library. Loved by many, but hated by denizens of the still lubricated deep state swamp, he will be relentlessly pursued by the very people who have let the Clinton family exploit their purported charity for personal and political gain since Oct. 23,1997.

Why?

Though the Clintons and other dynastic political families including the Bush and Obama clans profess otherwise, presidential libraries are public charities -- these are supposed to be governed by directors or trustees who are broadly representative of the public at large, and certainly not blind supporters of a president. These entities may not push or oppose a political candidate, nor may they promote or block legislation. Moreover, public charities may not, during their entire life create more than an insubstantial amount of "private gain" in total through their operation.

The Bill Clinton Presidential Library in Little Rock, Arkansas

Photo credit: Thomas R Machnitzki, under the terms of the GNU Free Documentation License, Version 1.2

In financial terms, insubstantial has been held to be amounts of $1,000 or less. Here, private gain does not merely mean financial gain (unfairly and generously priced speech, book and film deals, or sweetheart investment terms) but any kind of advantage or edge created for insiders at the supposed charity. Most of all, public charities must actually exist. If they are nonprofit corporations, they must incorporate, then organize by adopting articles of incorporation and bylaws, and scrupulously follow all applicable laws, everywhere they operate or solicit donations.

In recent years, attorneys general in New York State have persecuted the Trump family for operating charities outside local law, even though no Clinton charities, and there are too many of these, have ever registered truthfully to operate and to solicit inside the Empire State.

Meanwhile many different lawyers and law firms have "studied" public filings of "The Clinton Foundation," identified glaring defects, but chosen to either look the other way, or in the name of DLA Piper in November 2015, to make manifestly false claims suggesting that the filings complied with applicable laws and regulations. Since Mar. 16, 2015, a number of concerned persons have documented massive, ongoing, illegal activities carried out in the name of "The Clinton Foundation" and others involving a supposed organization using Federal Employer Identification Number 31-1580204. Google searches, www.charlesortel.com, and @CharlesOrtel are good places to find perspectives on these apparent charity frauds.

After trying to stimulate interest in investigating and bringing to justice those responsible for directing the largest criminal fraud and corruption exercise ever attempted using charities in traditional media, I started cohosting podcasts with Hollywood veteran Jason Goodman in various formats under the www.crowdsourcethetruth.com umbrella. Our latest podcast is linked here.  These cumulative efforts have triggered interest in many places inside and outside the United States. And now we wait to see whether authorities will do the right thing and demonstrate, via prosecutions and plea agreements that even, and especially, dynastic political families are subject to our laws.

Since November 1992, publicly available evidence shows that the Clintons have schemed with their supporters to monetize their "public service" using leaky charities that fail, lawfully, to account for their activities as is required. This abominable record is emulated by others in both parties and in many foreign nations.

America's founders did not throw off the yoke of monarchy to replace it with a new form of intolerant rule by unregulated, self-selected cultists in thrall to gauzy themes like "globalism," and unvetted schemes to address "inequality" and "climate change" chiefly by seizing wealth and income of the meek.

Intended to serve as archives and research facilities into the histories of presidents, presidential libraries in modern times have become vanity exercises through which corrupt interests can pay tribute to families seeking to rule, we the people using monuments to themselves. Given existing technology alone, libraries are becoming expensive anachronisms, that need to be heated, cooled, and maintained.

The 45th president should set another cutting-edge marker letting his records remain at the main National Archives complex.  Then, after he leaves the White House he and his family can profit to their hearts' content, unfettered by the real conflicts of interest that come and should be prosecuted when merchants in misery like the Clintons (and others) milk public charities. illegally.

Charles Ortel is host of the YouTube series, Sunday with Charles. An archive of 263 episodes since June 2017 is found here.

THE CRIME DUAL OF HILLARY & BILLARY, THE “HOPE & CHANGE”  HUCKSTER OBAMA AND CIRCUS FREAK TRUMP….. Their march to the guillotine.

Let us hope they take the Bush Crime Family with them!

http://mexicanoccupation.blogspot.com/2016/10/americas-drift-to-revolution-will-pass.html

"But the Clintons personify this corruption just as much as Trump, even if they made use of a different mechanism and on a somewhat smaller scale. They amassed a fortune exceeding $150 million in the decade after Bill Clinton left the White House, mainly through six-figure fees for addressing corporate and Wall Street audiences. Barack Obama will shortly take a similar path, reaping his reward from the financial aristocracy whose interests he safeguarded so assiduously over the past eight years."

Throughout, Joe claims he knew nothing of any family pay-to-play hustles in Oman, Luxembourg, Romania, Kazakhstan, Ukraine, Russia, Guatemala, and China.  The ignorance defense is an instant replay of Clinton family tactics; deny, deny, deny, and when denials are no longer plausible, depend on Deep State Democrat Party Beltway hacks to cover or come to the rescue.

LAWLESS! THE PARASITE LAWYER CLASS

THE CASE AGAINST LAWYER HUNTER BIDEN

https://mexicanoccupation.blogspot.com/2020/10/the-lawless-lawyer-class-case-against.html

Together James and Hunter Biden had built a business around Joe Biden. But what happened in Pennsylvania, in St. Louis, and Arkansas ended with more than greed.

Americans don’t want the corrupt in power. It’s that simple. If Hillary Clinton’s foundation peddled access to her when she was secretary of state; this is much worse. How could a compromised Biden ever stand up to countries like China and Russia, which have already paid his family millions?

THE SHADY POLITICS OF HILLARY CLINTON and her PAY-TO-PLAY MAFIA

http://hillaryclinton-whitecollarcriminal.blogspot.com/2018/09/had-hillary-clinton-won-election-left.html

The left cared nothing about that bit of collusion. 

Hillary and her campaign aides have long been involved with Russia for reasons of personal gain.  Clinton herself got $145 million in donations to the Clinton Foundation for allowing Russia to take over twenty percent of all uranium production in the U.S. Her campaign chairman, John Podesta, is reaping the financial benefits of being on the board of a Russian company, Joule, which he did not disclose.  PATRICIA McCARTHY

Had Hillary been elected, the Clinton Foundation would be raking in even more millions than it did before.  She would be happily selling access, favors and our remaining freedoms out from under us. PATRICIA McCARTHY...THAT'S WHY HILLS WANTS A JOB IN THE BIDE-KAMALA HARRIS BANKSTER REGIME!

 

The Bidens: A Delaware mafia

 

By G. Murphy Donovan

Delaware is not famous for much of anything except Dupont/Dow, on-shore tax havens, and a lucrative toll gate on the I-95 Interstate.

Delaware's minor and opaque reputation may change as the Biden family corruption saga unfolds.

If you have any questions about the standing of the Biden family in Delaware, all you need to know is that the one interstate rest stop on the Delaware stretch of the thruway is named after Joe Biden.  Delaware is the second smallest state in the union, yet it has three toll roads exploiting north/south traffic through the busy east coast corridor.

The biggest employers in the state are government, education, banking, and chemicals/pharmaceuticals.

"More than half of all U.S. publicly traded companies, and 63% of the Fortune 500, are incorporated in Delaware.  The state's attractiveness as a corporate haven is largely because of its business-friendly corporation law.  Franchise taxes on Delaware corporations supply about a fifth of the state's revenue.  Delaware ranks as the world's most opaque jurisdiction on the Tax Justice Network's 2009 Financial Secrecy Index[.] ... [T]here are more than a million registered corporations, meaning there are more corporations than people."

Joe Biden has represented Delaware for nearly 50 years in the U.S. Congress, but you would never know that by listening to a campaign speech.  At the drop of a hat, Joe trots out his birth in Scranton, Pennsylvania, a place his family left when Joe was 10.

Delaware has three Electoral College votes.  Pennsylvania has 20.

From the start, Biden's career was cratered by personal misfortune; a wife and child died in an auto accident, and an eldest son died of cancer.  All the while, Biden's wayward second son, Hunter Biden, dragged the family name through the muck for decades.  The tragedy of Biden's life is real, but then again, so are the pity parties.

A recent 60 Minutes election-year side-by-side comparison of Biden and Trump is an example.  A stuttering narrator was recruited by PBS to narrate the saga of Biden's childhood trauma as a stutterer.  You are led to believe that stuttering might be the explanation behind Joe's history of gaffes, lies about schools/class rank, and other character flaws like plagiarism.

Like the Scranton yarns, Joe is not above retailing or using childhood stuttering and a sad family history to excuse missteps and bad judgment.  Alas, we often hear about the trials and saints in Joe's life, yet we seldom hear about the demons and grifters.

Second son Hunter is a junkie cum drunk, a seven-time loser in rehab who bedded his brother Beau's wife before the man's body was cold.  Hunter was thrown out of the U.S. Navy Reserve for cocaine use, and he had to be forced to take a DNA test to acknowledge a child born of a relationship with a Washington, D.C. stripper who moved back to Arkansas.

Nevertheless, the drug-addled Lothario was a frequent flyer on Air Force Two, the golden chariot that led to recent Biden family riches.

Hunter was a principal in pay-to-play on a global scale.  Recent electronic and documented evidence confirms years of scuttlebutt that suggested that Hunter Biden, and Uncle Jim, were trading and profiting on the name and office of the "big guy."

Throughout, Joe claims he knew nothing of any family pay-to-play hustles in Oman, Luxembourg, Romania, Kazakhstan, Ukraine, Russia, Guatemala, and China.  The ignorance defense is an instant replay of Clinton family tactics; deny, deny, deny, and when denials are no longer plausible, depend on Deep State Democrat Party Beltway hacks to cover or come to the rescue.

Rep. Adam Schiff (D-Calif.) obliged on cue the other day, calling the most recent corruption charges against the Bidens "Russian disinformation."

Adding insult to our intelligence, Joe Biden, like a cathouse piano player, claims he will bring "honor and integrity" back to the Oval Office.  Say what you will about pay-to-play on the left these days; the American Democrat party may have cornered the global market on chutzpah.

Withal, the Biden exposé is, by any metric, a day late and a billion dollars short — at best a pyrrhic victory for critics.  The Justice Department and the FBI have had the goods on Biden for some time, yet official Washington is still mute and inert.

Inertia at justice is a symptom of a much larger problem: institutionalized federal double standards.

A Republican might be indicted by an ambiguous phone call while Democrats, like the Clintons and Bidens, get a pass on obvious felonies.  Rest assured that nine of ten apparatchiks entrenched inside the Beltway are Democrat voters.  Left-wing fixtures in the Beltway swamp — at the Intelligence Community, Department of Defense, Justice department, and FBI — may be systemic and permanent at this point. 

Alas, there may be some satisfaction to be had from truth if not justice.

We now know, through electronic and testimonial evidence, that Biden and family have been trading on public office for years. More important is the realization that the attempted coup and impeachment of Donald Trump was an elaborate and persistent scheme to distract from Obama/Biden era regime change chicanery and corruption in eastern Europe.

Winning in 2020 and beating an attempted coup, however, are not Donald Trump's serious sins. Trump's mortal offense was his refusal to become a useful idiot like James Clapper or Barack Obama.

Consequently, tactics and operations usually reserved for black operations abroad were imported by deep state Democrats (James Comey and John Brennan) for domestic use in 2016 and continue to this day.

American print and broadcast media, erstwhile guardians of free speech, press, and truth, were also lost or compromised in the Obama years.

Press and broadcast bias is now compounded by what Caroline Glick calls "The New Commissars," those universally leftist dot.com mandarins who flourish, profit, and spin in an unregulated internet cesspool.

Big Brother is now a very wealthy and influential cabal of left coast Twitter, Facebook, and Google Democrats.

The real tragedy of Donald Trump's first term is that so many Americans still seem to believe that barkers and hustlers like Joe Biden are actually an improvement over grifters like Bill and Hillary Clinton.

Suicidal stupidity on the American left now seems to be generational — and systemic.

G. Murphy Donovan is a former Moynihan progressive and erstwhile Director of Research and Russian Studies under James Clapper at USAF Intelligence (AFIN) at the Pentagon.

 

THE LOOTING OF AMERICA

KAMALA HARRIS AND HER GOLDMAN SACHS BANKSTER STEVEN MNUCHIN

A tidy corrupt partnership

https://kamala-harris-sociopath.blogspot.com/2020/10/the-looting-of-america-kamala-harris.html

She also declined to prosecute OneWest, run by now-Treasury Secretary Steven Mnuchin from 2009-2015, after her own prosecutors said they discovered over a thousand violations of foreclosure law committed by the bank. (OneWest donated $6,500 to Harris' attorney general campaign in 2011, and Mnuchin himself donated $2,000 to her Senate campaign in 2016.)

THE RAPID RISE AND EVEN QUICKER FALL OF A

SOCIOPATH BRIBES SUCKING LAWYER   -  WE'RE

TALKING ABOUT KAMALA HARRIS

https://kamala-harris-sociopath.blogspot.com/2020/10/the-rapid-rise-and-even-quicker-fall-of.html

“The effrontery to all of us to put an obviously ailing and incoherent 

Joe Biden for the top spot and for the V.P., Kamala Harris, who 

couldn't even carry her own state in the primaries, indicates their lack of

judgment.”  ALAN BERGSTEIN

“However, I would like to encourage my fellow Democrats to approach Senator Harris with a healthy dose of skepticism. As a prosecutor and California State Attorney General, Harris has engaged in blatantly unethical behavior for her profession and embraced positions that actively hurt her constituents.”

                                                             JESSER HOROWITZ

Joe Biden, the corrupt, unaccomplished 47-year career politician, with a reputation of having been a proud segregationist, an unabashed plagiarist and liar, a resolute tale-teller, and a serial flip-flopper, is pretending to head up a radical social-democratic ticket for President of the United States that includes as his running mate the ambitious, disagreeable junior senator from California: Kamala Harris. 

 

SHE’S CORRUPT, AMORAL, BRIBES SUCKING BUT ISN’T THAT WHY BIDEN WANTED HER TO BE V.P?

SHE’S A SOCIOPATH LAWYER!

https://kamala-harris-sociopath.blogspot.com/2020/09/kamala-harris-amoral-corrupt-bribes.html

Tucker Carlson of Fox News calls Harris a corrupt and dangerous fraud who sees laws and powers only as means to punish her enemies, pursue her agenda, and get elected. 

 

KAMALA HARRIS   -  I CAN CON THEM! I'M A LAWYER, IT'S WHAT I HAVE DONE MY ENTIRE BRIBES SUCKING LEGAL CAREER!

https://kamala-harris-sociopath.blogspot.com/2020/09/kamala-harrs-i-can-con-them-im-lawyer.html

All of this is, if we can be permitted to use Biden’s catchphrase, “malarkey.” Harris has already proven herself as a trusted servant of the interests of the rich and powerful at the expense of the working class. The Wall Street Journal wrote last week that Wall Street financers had breathed a “sigh of relief” at Biden’s pick of Harris. Industry publication American Banker noted that her steadiest stream of campaign funding has come from financial industry professionals and their most trusted law firms.

No, It Wasn’t a Coup Attempt. It Was Another Trump Money Scam.

The president knew he couldn’t prevail in the courts but he understands how to make money by failing. He did it with casinos and he’s doing it again.

President Trump’s post-election machinations are not a bungled coup attempt; they add up to a scam to enrich himself. A coup would require broad collaboration from the courts and, failing that, from the military. The evidence suggests that Trump may not even be serious about election fraud. If he were, he would have recruited serious election law experts in the states he has contested. Instead, Rudy Giuliani and Sidney Powell blanketed the country with a blizzard of lawsuits, offering fever dreams from the dark web as their legal justification and evidence.

The president’s post-election campaign demonstrates his singular talent for taking care of himself even when he loses. It is a momentous historic attack on the democratic process, on the order of Reconstruction. But for Trump, as Michael Corleone put it, “it’s just business.” Ultimately, Trump’s goals are to remain a star, make money, and solidify his clout. The corrosive effects on democracy are collateral damage.

Donald Trump has always craved fame, a drive common to national politicians. But he alone honed his approach to politics through his stint as a reality TV star. That’s where he learned how he could weave a narrative around his personality that tapped into the fantasies of a national audience. His quixotic claim to have won an election that he knows he lost rests entirely on his curated public persona. And as long as he pursues his claims, he is the center of attention instead of an ignored, sad, lame duck.

Trump’s intrigues embody his drive to come out ahead whether he succeeds or fails. His campaign hardly touched on the pandemic, the economy, or even his signature complaints about immigrants. Instead, he offered a narrative about systemic voter fraud and a stolen election. The strategy was smarter than Trump’s consultants and most media understood. It strengthened his connection to Americans who feel vulnerable to powerful shadowy forces beyond their reach, sufficient to drive nearly enough of them to reelect him.

This approach also laid a foundation for Trump to come out on top again, albeit not as president, and monetize the loss. Soon after the polls closed, his campaign announced an “Official Election Defense Fund” to help pay for his election challenges – with much of the proceeds diverted to his personal PAC, Save America. And by mobilizing his millions of true believers around a false narrative that his enemies have cost them their leader, Trump secured an enormous fan base for whatever he does as an ex-president. Millions will pay to attend more rallies or perhaps subscribe to a new Trump streaming service or cable network.

The strategy will give Trump a global stage to spotlight

his inevitable grievances with President Joe Biden. It 

could become a means to mobilize public pressure 

against ongoing criminal investigations and possible 

indictments. Even from Mar-a-Lago, he could keep 

officeholders aligned with his interests, even as an ex-

president.

Ensuring that Trump benefits even when he loses—and so never appears to fail – is an approach he has honed over his career. It nearly always involves making himself richer. He forged the strategy in Atlantic City. When he issued $100 million in junk bonds to bail out the failing Trump Plaza casino in 1993 temporarily, he used half of those proceeds to cover his personal debts. When his three casino hotels went bankrupt, he collected $160 million in management fees from the time the hotels declared Chapter 11 to the inevitable moment, years later, when he had to surrender them to his creditors.

Trump had figured out how to win while losing other people’s money. The final collapse of his Atlantic City properties also became personal paydays: He walked away with $916 million in tax losses based on $3.4 billion in defaulted debts owed to the banks and junk bondholders that actually put up the capital. To make it legal, Trump had assumed personal liability for the loans. But that was at the heart of the scam: Since he had not put up his own money, he couldn’t claim the losses without putting himself technically “at-risk” for the loans.

As president, Trump continues to profit from losing other people’s money. He owns 16 golf courses, all financed by accommodating lenders who put up the money to buy and operate them. As any real estate operator knows, golf courses are notorious money losers. Here too, Trump is personally “at-risk” for those loans – because otherwise, he couldn’t write off their annual losses. Based on the tax returns described in the New York Times, he claimed $15.3 million in those tax losses in 2017, his first year in the White House. For that year, he also reported personal income of nearly $14.8 million from branding deals, income tied to his old reality TV show, and revenues from favor seekers joining Mar-A-Lago and taking suites at his hotels. The losses Trump claimed for ventures paid for with other people’s money enabled him, even as president, to avoid paying personal income tax on all of his $14.8 million income.

Winning by failing has been Donald Trump’s signature business strategy, and now it is his political strategy.  Since he couldn’t force the Justice Department to arrest Biden or coerce the courts to overturn the election results, he is left to enrich himself and maintain his influence with his fans and GOP elected officials. Thankfully for democracy, Americans now face not a coup d’état but yet another scam from Donald Trump – and probably not his last.

Robert Shapiro

Robert Shapiro is the chairman of Sonecon and a senior fellow at the McDonough School of Business at Georgetown University. He served as undersecretary of commerce for economic affairs under Bill Clinton.

New York banker: 'No bank would 

touch' Trump post-presidency

 

Tim O'Donnell

The WeekNovember 2, 2020

 

If President Trump's re-election bid falls short, would he set his sights on getting back into real estate full-time? At least one New York banker doesn't think he could even if he wanted to.

The banker, who remained anonymous, told The New Yorker's Jane Mayer that Trump is "done in the real estate business" because "no bank would touch him," likely leaving him without the capital necessary to get back in the game. The banker reportedly believes that even Deutsche Bank — which Mayer notes is, "notoriously, the one institution that continued loaning money to Trump in the two decades before he became president" — would shy away from reviving their relationship. "They could lose every American client they have around the world," the banker said. "The Trump name, I think, has turned into a giant liability."

Perhaps in some parts of the country where Trump has achieved strong political support, or in other parts of the world where he's received warmly, his name could still be a draw, the banker said. But it sounds like Trump would probably have to adapt his strategy in some way, rather than pick up where he left off. Read more at The New Yorker.

 

How Trump Maneuvered His Way Out of Trouble in Chicago

 

David Enrich, Russ Buettner, Mike McIntire and Susanne Craig

The New York Times

 

The Trump International Hotel & Tower in Chicago on June 27, 2018. (Alyssa Schukar/The New York Times)

The financial crisis was in full swing when Donald Trump traveled to Chicago in late September 2008 to mark the near-completion of his 92-floor skyscraper.

The fortunes of big companies, small businesses and millions of Americans — including the Trumps — were in peril. But the family patriarch was jubilant as he stood on the terrace of his gleaming glass tower.

“We’re in love with the building,” Trump gushed. “We’re very, very happy with what’s happened with respect to this building and how fast we put it up.”

He and his family hoped the Trump International Hotel & Tower would cement their company’s reputation as one of the world’s marquee developers of luxury real estate.

Instead, the skyscraper became another disappointment in a portfolio filled with them. Construction lagged. Condos proved hard to sell. Retail space sat vacant.

Yet for Trump and his company, the Chicago experience also turned out to be something else: the latest example of his ability to strong-arm major financial institutions and exploit the tax code to cushion the blow of his repeated business failures.

The president’s federal income tax records, obtained by The New York Times, show for the first time that, since 2010, his lenders have forgiven about $287 million in debt that he failed to repay. The vast majority was related to the Chicago project.

How Trump found trouble in Chicago, and maneuvered his way out of it, is a case study in doing business the Trump way.

When the project encountered problems, he tried to walk away from his huge debts. For most individuals or businesses, that would have been a recipe for ruin. But tax-return data, other records and interviews show that rather than warring with a notoriously litigious and headline-seeking client, lenders cut Trump slack — exactly what he seemed to have been counting on.

Big banks and hedge funds gave him years of extra time to repay his debts. Even after Trump sued his largest lender, accusing it of preying on him, the bank agreed to lend him another $99 million — more than twice as much as was previously known — so that he could pay back what he still owed the bank on the defaulted Chicago loan, records show.

Ultimately, Trump’s lenders forgave much of what he owed.

Those forgiven debts are now part of a broader investigation of Trump’s business by the New York attorney general. They normally would have generated a big tax bill, since the Internal Revenue Service treats canceled debts as income. Yet as has often happened in his long career, Trump appears to have paid almost no federal income tax on that money, in part because of large losses in his other businesses, The Times’ analysis of his tax records found.

Alan Garten, the Trump Organization’s chief legal officer, said the company and Trump appropriately accounted for and paid all taxes due on the forgiven debts.

“These were all arm’s-length transactions that were voluntarily entered into between sophisticated parties many years ago in the aftermath of the 2008 global financial crisis and the resulting collapse of the real estate markets,” Garten said.

On television back in those heady Chicago days, the future president was playing a wildly successful real estate developer, and the shimmering new skyscraper became part of that mystique.

It was the biggest thing Trump ever built. It was also the last.

The Money Behind the Project

Since at least the 1990s, Trump had dreamed of erecting a skyscraper in the Windy City. “I had hoped to build something fantastic in Chicago for some time,” Trump would later write in the Chicago Tribune.

He selected a riverside plot that was home to the squat, seven-floor Sun-Times building. In 2001, he unveiled plans for what would be the tallest high-rise built in the United States since the 110-story Sears Tower was completed in Chicago in 1973.

The Trump International Hotel & Tower would include 486 condominium units, 339 hotel rooms, restaurants, a bar, two parking garages, a health club, a spa, and tens of thousands of square feet in retail space and conference facilities.

The condos, some priced at more than $4 million, would have sweeping views of Chicago and Lake Michigan. Rooms in the hotel, occupying lower floors of the building, would be for sale, too. Trump’s company would make money from selling the units (and parking spaces) and operating the building.

To pay for the construction, Trump arranged for two of his LLCs, 401 North Wabash Venture — named for the project’s address — and its parent company, 401 Mezz Venture, to borrow more than $700 million.

Trump went to his longtime lender, Deutsche Bank, for the bulk of the money. Since 1998, he had borrowed hundreds of millions of dollars from the German bank. It had been so eager to establish a foothold in the United States that it had overlooked his history of defaults.

This time, Trump assured Deutsche Bank officials, including Justin Kennedy, the son of now-retired Supreme Court Justice Anthony Kennedy, that the Chicago development was a guaranteed moneymaker. In a sign of the Trump family’s commitment to the project, Trump told his bankers that his daughter Ivanka would be in charge. (Trump also appointed the 2004 winner of “The Apprentice” as the development’s “president.”)

Deutsche Bank agreed to lend $640 million to 401 North Wabash Venture. Trump agreed to personally guarantee $40 million of the loan. If his LLC were to default, Deutsche Bank could collect that money directly from Trump.

Trump also went to Fortress Investment Group, a hedge fund and private equity company, for $130 million. This was a so-called mezzanine loan, which meant that it would be repaid only after the Deutsche Bank debt had been satisfied. Because of the greater risk, the Fortress loan came with a double-digit interest rate. The agreement with Fortress also required Trump’s 401 Mezz Venture to pay a $49 million “exit fee” when it repaid the loan.

If Trump defaulted, his lenders could seize the building.

Deutsche Bank and Fortress both planned to chop up the loans and sell at least some of the pieces. Deutsche Bank sold them mostly to American, European and Asian banks, Fortress mostly to private equity and hedge funds, including Dune Capital Management, which had recently been co-founded by Steven Mnuchin, the future Treasury secretary.

The loans were due in May 2008. By then, the proceeds from selling condos, hotel units and parking spaces were projected to generate enough cash for Trump to repay what he owed.

Using a thick black pen, Trump signed the loan agreements Feb. 4, 2005. A month later, construction began.

Lenders Come Calling

Work on the project went more slowly than planned, and the residential portion was still under construction as the loans came due.

With the financial crisis enveloping the world, finding buyers for multimillion-dollar apartments suddenly became much harder. In the spring of 2008, Trump asked Deutsche Bank to delay the loan’s due date. The bank gave him an extra six months.

In mid-September, the crisis crescendoed with the bankruptcy of Lehman Bros. Financial markets went haywire. The economy was on the precipice of a depression.

About a week later, Trump showed up in Chicago for the ceremony to mark the skyscraper’s near-completion.

After addressing the small crowd, Trump and three of his adult children — Ivanka, Donald Jr. and Eric — placed their hands in wet cement rectangles to commemorate the day. “I don’t want to tell you what that feels like,” Donald Trump cracked before waving his cement-caked hands for the cameras.

At that point, at least 159 units in the building were still unsold, and many more were under contract but hadn’t closed, according to New York court records. That meant hundreds of millions of dollars that Trump and his family had counted on to repay Deutsche Bank and Fortress hadn’t yet materialized. And the loans were due in barely six weeks.

Trump sought another extension. This time, Deutsche Bank said no.

Trump’s company still owed Deutsche Bank about $334 million in principal and interest, and Fortress $130 million, not including interest and fees.

Trump went on the offensive. In a letter to Deutsche Bank on Nov. 4, he accused it of helping ignite the financial crisis. This was important, because Trump went on to claim that the crisis constituted a “force majeure” — an act of God, like a natural disaster — that entitled him to extra time to repay the loans.

A few days later, Trump and his companies sued Deutsche Bank and Fortress, along with the other banks and hedge funds that had purchased pieces of the loans.

The suit accused Deutsche Bank of engaging in “predatory lending practices” against Trump. He sought $3 billion in damages.

Deutsche Bank soon filed its own lawsuit, accusing its longtime client of being a habitual deadbeat and demanding immediate repayment of the now-defaulted loans.

Inside Deutsche Bank, angry executives and lawyers vowed to never again do business with Trump, according to senior executives.

With the litigation pending (the parties soon entered into a series of “standstill agreements” that paused hostilities), the Trump family kept trying to find buyers for the condos.

“As it nears completion, it’s time for you to take your place in the one-of-a-kind Trump lifestyle this building offers,” Ivanka Trump said in an April 2009 sales video. “And you can be living it, right here, very soon.”

Turning Unpaid Debt Into Canceled Debt

Why didn’t the lenders seize the building?

Going to court to take over the unfinished skyscraper promised to be a costly, yearslong process, especially given Trump’s reputation for using the legal system to drag out fights and grind down opponents. It seemed simpler to resolve the dispute.

On July 28, 2010, lawyers for Trump, Deutsche Bank and Fortress notified the court that they had reached a private settlement. The terms weren’t disclosed.

But Trump’s federal tax returns, as well as loan documents filed in Cook County, Illinois, provide clues to what happened: Trump was let off the hook for about $270 million. It was the type of generous financial break that few American companies or individuals could ever expect to receive, especially without filing for bankruptcy protection.

Before Trump defaulted, Fortress had expected to receive more than $300 million from his company: the $130 million in principal and roughly $185 million in anticipated interest and fees.

But Fortress and its partners — including Mnuchin’s Dune Capital, as well as Cerberus Capital Management, whose co-chief executive, Stephen Feinberg, would become a major Trump fundraiser and go on to lead a White House advisory panel — quickly realized they wouldn’t ever collect that full amount.

Ultimately, Fortress settled for $48 million, which Trump wired to the firm in March 2012, according to people familiar with the deal.

The forgiven debts showed up in Trump’s tax returns. For 2010, Trump’s 401 Mezz Venture reported about $181 million in canceled debts. Two years later, DJT Holdings, an umbrella company that the Chicago project had been folded into, reported that another $105 million of debt had been forgiven. Most of that appears to reflect the unpaid Fortress sum.

In many ways, it repeated a pattern that had played out more than a decade earlier at Trump’s Atlantic City casinos: a cycle of defaulting on debts and then persuading already-burned lenders to cut him a break.

The Last $99 Million

Trump’s companies got a pass on the money they owed on the Deutsche Bank loan, too.

The 2010 settlement gave Trump a couple of years to sell hotel units, condos and parking spaces to repay that loan, according to Steven Schlesinger, a lawyer who represented the Trump Organization in the Chicago litigation.

By 2012, the Trump Organization had drummed up about $235 million to repay the financial institutions to whom Deutsche Bank had sold pieces of the original loan. They included banks and asset managers in the United States, Germany, Ireland and China, according to court records.

But Trump still owed $99 million, according to people familiar with the debt. Where would he come up with that money?

Although Deutsche Bank had vowed to do no more business with Trump, his son-in-law, Jared Kushner, introduced him to his personal wealth manager at the bank, Rosemary Vrablic. Vrablic, with the support of her superiors, soon agreed to restart the relationship with Trump.

In 2012, Vrablic’s division made two loans secured by the Chicago skyscraper: one for nearly $54 million, another for $45 million, according to loan documents filed with the Cook County Recorder of Deeds. Trump agreed to personally guarantee the new loans, according to several people familiar with the deal.

The funds were used to immediately repay the $99 million that Trump still owed on the original Chicago loan, the people said. In other words, one wing of Deutsche Bank was providing Trump the money to repay another division of the same bank.

The following spring, the Trump Organization repaid $54 million, according to a person briefed on the matter and Cook County records. That left $45 million outstanding. But in 2014, Deutsche Bank agreed to lend another $24 million on the property and to extend the due date until 2024, records show. Trump now owed the bank $69 million. By May 2016, he had repaid the $24 million.

At that time, the Chicago loans were only one element of the relationship between Deutsche Bank and Trump. Vrablic’s team also lent Trump’s company $125 million for work on his Doral golf resort in Florida and up to $170 million to transform the Old Post Office building in Washington into a luxury hotel. Trump personally guaranteed those loans, too.

The guarantees were advantageous for him. Because they counted as investments in his business for tax purposes, the guarantees increased the amount of losses he could use to avoid income taxes in the future. Trump’s federal tax returns show that he has personally guaranteed the repayment of $421 million in debts.

Most of that is on loans from Deutsche Bank. At the end of 2018, Trump and his companies owed the bank $330 million.

Whittling Down Tax Bills

The IRS requires taxpayers to treat forgiven debts as income when calculating what they owe in federal taxes. The New York attorney general, Letitia James, is investigating whether Trump followed the law.

The tax records reviewed by The Times show that while Trump accounted for $287 million of income from his canceled debts, he managed to avoid paying income taxes on nearly all of it.

Trump reported $40 million of forgiven debt as income in 2010. But losses from his businesses — including $30.8 million in red ink on the Chicago project — meant he had no taxable income that year.

Trump avoided immediate income taxes on another $104.8 million of the forgiven loans in a way that could increase his taxes later. He would generally have been entitled to write off the total amount he spent on a building over a number of years, a process known as depreciation. Instead, he agreed to reduce those eventual write-offs by $104.8 million, an alternative allowed in tax law.

For the other $141 million, Trump took advantage of a law, passed after the 2008 financial crisis, that allowed income from canceled debts to be deferred for five years and then spread out over the next five. Each year from 2014 through 2018, Trump declared $28.2 million of canceled-debt income.

As it turned out, though, losses in other parts of his business wiped out most of his federal tax bill on that income. He paid nothing for 2014; $641,931 for 2015; and, after credits, only $750 a year for 2016 and 2017. It isn’t clear how much he paid for 2018.

Loans Coming Due

Like Trump’s other properties, the Trump International Hotel & Tower in Chicago has benefited in some ways from its connection to the president.

Last year, for example, an aviation company that was lobbying the Trump administration for contracting work held an event there. Trump attended an October 2019 lunch fundraiser at the hotel, which generated about $100,000 in revenue for his company, The Washington Post reported.

But the skyscraper’s fortunes have withered. Most of its retail space has never been occupied, The Real Deal reported last year. Its revenue declined from $67 million in 2014 to $50 million in 2018, while profits plunged from $16.3 million to $1.8 million over the same period.

The problems intensified in 2020, as the coronavirus forced restaurants, including Trump’s in Chicago, to close. The Trump family sought financial relief from Deutsche Bank among others.

The bank offered to let Trump’s companies pause interest payments on their loans. The Trump Organization decided the bank’s proposal was insufficiently generous and turned it down.

The loans come due in 2023 and 2024.

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