New: #TrumpTrial #DonaldTrumpJr returns to the witness stand Monday to kick off #Trump’s defense case in the #NYAG’s #civil #fraud trial, per sources.
While there is a list of 128 possible Trump witnesses, we haven’t heard anything definitive re the actual people they will call or in what order.
Thursday, November 9, 2023, is DAY 26 in the #TrumpTrial. The #NYAG rested her case.*
#Trump defense begins Mon.
Today, just motions.
1. Trump seeks a “directed verdict;” a ruling saying the AG failed to back up her claims. (doomed)
2. NYAG seeks to bar 3 of 4 Trump experts for relevancy.
3. Defense also floated possibly moving for a mistrial using a bias argument centered on #Engoron’s principal #LawClerk. They’re on thin ice there.
*Weisselberg may be recalled.
#Trump attorney Chris #Kise argued to NY Supreme Court Justice Arthur #Engoron, that regardless of what was in Trump's #financial statements, they did not make a material difference to bankers who approved #loans to Trump.
Kise says there was no testimony presented at trial by anyone at Trump #lender #DeutscheBank or other lenders that said they would have proceeded differently had they known Trump's accurate financial condition.
#Kise: “Ultimately what matters is the decision-making process of the bank, & if it would have made a difference to them,"
Kise said the #banks considered many factors when deciding whether to lend to #Trump, including the nature of the collateral, the quality of the collateral, Trump's experience & performance in the industry, his liquidity & other factors.
(All of which were misrepresented; & the banks’ decision is not the issue. The issue is the #fraud & Trump’s #intent. Not the banks’.)
#Kise started by arguing the standard of proof on the 6 claims at issue requires "clear & convincing evidence," which he says the #NYAG didn’t provide.
Kise: “The attorney general has converted standard commercial real estate loan transactions into fraud not based on what the bank says but what she says.”
(#fraud was already decided, as a matter-of-#law, before this trial.)
#legal #civil #conspiracy #TrumpOrganization #LetitiaJames #TrumpTrial
#Kise attacked the credibility of key witness & fmr #Trump attorney #MichaelCohen:
"I think he's lied in every court or forum that he's ever appeared in.”
Then referring to Trump, Kise stated:
"This is not someone who speaks in code.”
Engoron: “I think the 'perfect' call with Zelenskyy about the military aid might have been code.”
(Hmm, not appropriate)
Kise said that's a #political matter & shouldn't be a factor here.
(I actually agree w/Kise)
Thankfully, Justice #Engoron agreed w/ #Kise as well & said he's only going to base his #ruling on what's in front of him, meaning the #evidence presented in this #trial.
#Trump atty moved on to #disgorgement (the #NYAG is seeking $250M in purportedly ill-gotten gains from Trump et al).
Kise: “There's no demonstration of a [connection] between the purported ill-gotten gains & the defendants' (conduct).”
#Kise argued any transaction before July 2014 cannot form the basis for any of the #NYAG's claims, since they're outside of the statute of limitations.
Kise also argued that subsequent certifications by #Trump et al regarding compliance w/the terms of loans from that time cannot be used to support the allegations either.
(re SOL, Trump attys may be banking on the appeals court stay, but that wasn’t based on SOL, but procedural & still undecided.)
I skipped an interesting bit from #Kise’s presentation; he argued that #Trump would qualify in "any court in this country" as an expert on real estate, & then displayed a slide that said:
"The Court stated it is 'not here to hear what [President Trump] has to say!'
This is a word for word duplicate of a Trump social media post.
They’re not even trying to dress up their arguments for court at this point. It’s all for the court of public opinion & Trump. Disgraceful really.
#Engoron interrupted & asked #Kise if he actually heard what the judge had said.
The #NYAG supplied the answer, that Engoron said he's here to hear #Trump answer questions.
Engoron called that entire portion of Kise's presentation “misleading!" It was intended to be. Just as it was when Trump posted it.
I reposted but here are links
Trump’s post:
https://masto.ai/@Nonilex/111365740541183885
What was actually said in court:
https://masto.ai/@Nonilex/111364764092476545
Attached: 1 image #NYAG showed an email from #DonaldTrumpJr to #TrumpOrganization execs on 1/22/12, part of which said, "djt told [the reporter] the 600 [number] so he will be happy if that gets printed." #Trump conceded he was the "djt" his son referred to in the email. (Lunch) Trump posted this over the recess (pic) Judge Engoron actually said (context above): "I'm not here to hear what he has to say. He's here to answer questions" — Engoron was explaining Trump can’t just go off & expect them to allow it.
Didn’t finish the #TrumpTrial thread, cuz, stuff, here’s the rest:
#Kise concluded by reiterating claim that there was no proof the loans would not have been made if the #banks had different (accurate) info or that the #loan terms would have been different.
(Moot. See earlier in thread)
"This is what happens in the real world, not the world of make believe, not the attorney general's world," Kise says
#CourtOfPublicOpinion / just a #Trump #campaign speech talking point.
Clifford Robert, atty for #EricTrump & #DonaldTrumpJr, then made arguments to Judge #Engoron.
Robert: "The attorney general has not proved that my clients were involved in (creating) the statements of financial condition.”.
Re Eric, Robert said there was nothing wrong w/ a snr exec, relying on outside accountants & others at the co for accurate info on the SFCs. (Except that’s not what happened, the outside accountants came up w/ completely different numbers, then inside peeps fudged the data)
Re #DonaldTrumpJr, Robert pointed to his testimony about his process for certifying the statements of financial condition. Jr didn't recall specifics, but testified that he would have sat w/the finance team at the #TrumpOrganization, or #Mazars accountants, & asked them questions.
Jr said if those individuals, w/their expertise, convinced him that everything was fine, he would have signed the certifications of #Trump's statements of financial condition.
(See above about what actually occurred)
Robert: “The evidence is clear that (#EricTrump & #DonaldTrumpJr) had no real involvement in the…statements of financial condition.”
(Only if it’s ignored)
#NYAG atty Kevin Wallace spoke in opposition to the defendants' bid to end this case.
Wallace said #Trump et al have failed to meet the standard for a #DirectedVerdict. Under #NY #law, when a judge considers such a motion, they must consider every inference in the light most favorable to the #plaintiff, in this case the state.
And this is the real point: all the way along Trump and his lawyers have tried to hand-wave and set the plot line to read:
"This is high-end commercial real estate, everyone *knows* everything about high-end commercial real estate is a smokescreen and a charade, we're all in on the charade together, and hey the banks made money so where's the problem?"
Nonilex
FinchHaven sfba
John L. Roberson