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    Ben Wittes: The Trump Indictment Is Not Trivial

    en-usApril 05, 2023

    Podcast Summary

    • A historic moment in American politics: Ex-president's arrest and Wisconsin's Supreme Court electionThe arrest of a former U.S. president and the liberal candidate's victory in Wisconsin's Supreme Court election marked significant shifts in American history, impacting issues like abortion, gerrymandering, and Act 10.

      The arrest of a former U.S. president on felony charges marked a historic moment in American history, while in Wisconsin, the liberal candidate's victory in the state Supreme Court election was a cataclysmic shift in politics. The most expensive judicial race in American history saw a liberal flip of the Wisconsin court, with significant impacts on issues like abortion, gerrymandering, and Act 10. The Dobbs decision on abortion seemed to have a major influence on the election results, as suburban counties that had previously been solidly Republican continued to shift. Dan Kelly, the conservative candidate, had advised the Republican party on the fake elector scheme, but the election was particularly bitter and ugly. The victory was a clear repudiation of election denialism.

    • Wisconsin Supreme Court Election: A Divisive and Contentious ContestThe Wisconsin Supreme Court election between Daniel Kelly and Janet Protesiewicz was a deeply divisive contest, with Kelly accusing Protesiewicz of demeaning the judiciary. The outcome will have significant implications for issues such as abortion and redistricting in Wisconsin.

      The recent Wisconsin Supreme Court election between Daniel Kelly and Janet Protesiewicz was a deeply divisive and contentious contest, with Kelly accusing his opponent of being a "serial liar" who has "demeaned the judiciary with her behavior." The election, which saw Protesiewicz win by a double-digit margin, has raised questions about the nature of non-partisan judicial elections and the potential for increased polarization and partisanship on the courts. If Kelly's previous claims of having a "judicial temperament" are to be believed, his comments about Protesiewicz are particularly noteworthy. The outcome of the election will have significant implications for issues such as abortion and redistricting in Wisconsin, as the court is expected to play a key role in resolving these and other contentious issues due to the political gridlock between the Democratic governor and Republican legislature.

    • Wisconsin Supreme Court Election Results Signal Trouble for Republicans on Abortion IssueRepublican Party faces declining prospects in major elections due to abortion stance and gerrymandering, highlighted by Wisconsin Supreme Court loss and potential impeachment attempts

      The Wisconsin Supreme Court election results serve as a significant warning sign for the Republican Party regarding the abortion issue and their declining prospects in major statewide elections. The stakes were high for both parties, with Democrats fearing the potential impact on reproductive rights and Republicans looking to maintain control. The election outcome, along with recent losses in governors' races and presidential elections, highlights the importance of gerrymandering and party separation in keeping the Republican Party viable in Wisconsin. The potential for further impeachment attempts and extreme tactics in state legislatures adds to the alarm for Republicans, especially with the prospect of Donald Trump's potential return in 2024. Additionally, the high-profile case of Trump's legal team and former Attorney General Bill Barr's comments underscore the challenges and risks associated with representing controversial figures.

    • Allegations against Trump include serious misconductThe indictment against Trump involves allegations of plotting to pay hush money and falsifying documents to cover it up, implicating multiple individuals and substantial evidence

      The indictment against Donald Trump is not a trivial document, as some may try to dismiss it. The allegations include serious misconduct such as plotting to pay hush money to multiple people and falsifying documents to cover it up. The evidence appears substantial with a diverse range of witnesses and documents. However, the precise legal theory underlying the indictment is still somewhat unclear. The case goes beyond a routine NDA agreement and involves several individuals, including Stormy Daniels, a doorman at Trump Tower, and Karen McDougal, a playboy model. The indictment seeks to address more than just the payment to Stormy Daniels. It's important to note that the legal analysis of the case requires expertise, and it's crucial to separate the punditry and gamesmanship from the actual facts and evidence presented in the indictment.

    • Trump Indictment: Electoral Machinations and Business RecordsThe Trump indictment reveals a complex scheme to hide hush money payments before the election, with potential felony-level crimes and uncertain legal outcomes.

      The indictment of Donald Trump on charges related to falsifying business records to hide hush money payments is more orchestrated and closely tied to electoral machinations than previously understood. The critical piece of evidence is the claim that participants in this scheme believed they didn't have to pay before the election. The indictment includes 34 misdemeanor counts, but the question of whether there was a felony-level crime committed remains unclear. The challenge to the indictment intellectually and legally has not been fully resolved, and the analysis of whether Trump intended to commit another crime will be deferred until briefing on a motion to dismiss. The indictment's surprise accusation that Trump falsified business records to deceive state tax authorities bolsters the case, but its novelty and potential legal complexities make it a risky and uncertain legal endeavor.

    • Manhattan DA charges Trump with state tax crime and campaign finance violationsDA Alvin Bragg's indictment against Trump includes charges of falsifying records for a state tax crime and campaign finance violations, potentially avoiding legal challenges related to federal election laws.

      Manhattan District Attorney Alvin Bragg's indictment against Donald Trump includes not only allegations of bookkeeping fraud related to campaign finance violations, but also charges of falsifying records to commit a state tax crime. This simpler charge may help Bragg avoid potential pitfalls and legal challenges, as it avoids controversial issues related to federal election laws. The indictment also refers to both state and federal tax and election laws, and Trump's press conference elaborated on these potential violations. The context of the charges is important, as they relate to a pivotal moment in the 2016 election when the Access Hollywood tape was released and Trump's campaign was at risk of falling apart. Despite not explicitly charging a conspiracy, the indictment alleges a scheme to conceal the truth for campaign finance and tax purposes.

    • The Access Hollywood tape incident: A turning point for American politics and democracyThe Access Hollywood tape incident exposed a corrupt relationship between Trump and the National Enquirer, setting a pattern for deceit and threatening democracy. The case's significance has been recognized, revealing Trump's manipulation of media to promote favorable stories and suppress negative ones.

      The Access Hollywood tape incident was a turning point in American politics, with the Republican Party facing a crucial decision on how to respond. This moment, leading to the concealment and lying about the situation, set the pattern for the next few years and brought about democracy concerns, making it more significant than initially perceived. The corrupt relationship between Trump and David Pecker of the National Enquirer, who bought and suppressed negative stories about Trump and promoted favorable ones, is a key detail that connects this case to the democracy threat and the role Fox News would later play. Despite initial doubts, the argument for the case having integrity and being taken seriously has improved.

    • Michael Cohen case goes beyond hush money paymentsThe Cohen case involves document-based evidence, testimonies from Pecker and Weisselberg, and Trump's unconventional behavior as a defendant.

      The ongoing legal case involving Michael Cohen, Donald Trump, and hush money payments to Karen McDougall is more complex than it seems and extends beyond Cohen's testimony. The indictment includes document-based evidence and testimonies from other significant players like David Pecker and Allen Weisselberg. This case may not be the top priority come the end of the year due to potential heavier indictments and the scheduling order for motions. Trump's behavior as an unprecedented criminal defendant, including attacking the judge and prosecutors, adds another wild card to the situation.

    • Prosecution raises concerns over Trump's potential violation of rule of lawProsecution warns Trump of consequences for interfering in investigations, requests protective orders to ensure fair trial.

      That during a recent hearing, the prosecution raised concerns about former President Donald Trump's potential violation of the rule of law through his public statements regarding ongoing investigations against him. The court expressed concern and warned Trump about the consequences of continuing such behavior. The prosecution also requested protective orders to prevent Trump from using discovered materials for purposes other than his defense. It's likely that Trump will face more charges if he continues to make inappropriate comments, and the potential consequences could include contempt of court charges. The prosecution's primary concern is to ensure a fair trial and prevent interference from Trump.

    • Trump's Admissions Could Strengthen Cases Against HimFormer President Trump's statements about the Mar-a-Lago documents case and potential obstruction charges could provide crucial evidence in ongoing investigations, potentially leading to serious consequences for Trump and associates.

      Former President Donald Trump's recent admissions about the Mar-a-Lago documents case and potential obstruction charges could significantly strengthen the case against him. Trump's statements, which he made during interviews with Sean Hannity, can be used as evidence in a court of law. The Mar-a-Lago case, which involves the alleged mishandling of classified documents, is reportedly moving towards an indictment. Additionally, the January 6th investigation is also gaining momentum, with former advisers facing grand jury testimonies and late-night litigations. Despite some complications in prosecuting Trump, both cases are expected to result in serious consequences for the former president and those around him. On a personal note, Ben Shapiro was suspended from Twitter after an April Fools' Day prank involving impersonating the Russian Embassy.

    • Impersonating the Russian embassy on Twitter and the consequencesTwitter's rules can be subjective and unequally enforced, potentially leading to account bans and unequal application.

      Twitter's rules and regulations can be subjective and unequally enforced. Ben Widdez, a former Twitter presence and author, shared his experience of impersonating the Russian embassy on Twitter, resulting in his account being banned. He expressed little concern for violating Twitter's rules and instead encouraged listeners to subscribe to his Substack, Dog Shirt Daily, where his content is now hosted. Widdez also criticized the process of appealing a ban, calling it a form of self-criticism or "Maoist reeducation camp." He emphasized that he did not regret his actions and was comfortable with being banned if it meant standing up for his principles. This incident highlights the need for clearer and more consistent enforcement of Twitter's rules and the potential consequences of unequal application.

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