‘Please don’t punish him’: Louisville shooting bodycam footage, 911 calls paint picture of desperate moments

USA Today

‘Please don’t punish him’: Louisville shooting bodycam footage, 911 calls paint picture of desperate moments

 ‘Get here now!’; 911 calls from panicked employees inside Louisville bank released – Oh my God, there’s an active shooter there. 

Jorge L. Ortiz, John Bacon and Andrew Wolfson – April 12, 2023

LOUISVILLE, Ky. – A frantic call from an Old National Bank employee and a much calmer one from a co-worker hiding in a closet provided Louisville police the first indications of the carnage caused by a gunman’s attack, according to audio of 911 calls released Wednesday.

The shooter’s mother tried to prevent the mayhem, reaching out to police and saying her son “currently has a gun and is heading toward” the bank, but it was too late.

Together, the 911 calls and the body camera video released Tuesday fill out details of the chaotic scene surrounding Monday’s assault and the police officers’ heroic response.

Five people were killed and eight injured by a bank worker identified as Connor Sturgeon, who police said was armed with an AR-15 rifle. Authorities said officers arrived at the scene three minutes after being dispatched, likely saving lives.

“Oh my God, there’s an active shooter there,” says a panicked woman identified as the first 911 caller. “I just watched it on a Teams meeting. … We were having a board meeting with our commercial (lending) team.”

An initial picture of the harrowing Monday morning scene develops as the operator asks the woman for the bank’s address, where specifically the shooting was taking place and what the assailant looked like.

As more calls start to come in, the operator excuses himself and tells her, “We have them (police officers) going that way. … We do have everybody responding. We’re getting them out there.’’

One of the callers says she’s calling from inside a closet in the building as numerous gunshots are heard in the background. She gives a description of the shooting and says she knows the perpetrator: “He works with us.”

Another call came from a woman who says her son was heading toward the bank with a gun, saying his roommate had called expressing concern. She identifies herself as Sturgeon’s mother.

“He apparently left a note,’’ she says. “I don’t know what to do, I need your help. He’s never hurt anyone. He’s a really good kid. Please don’t punish him.’’

The woman says her son is an employee at the bank, is not violent and has never owned a gun. She asks if she should go to the bank and the responder advises her against it, saying officers were already at the scene and it was not a safe location.

INTENSE VIDEO: Louisville shooting updates: Body camera video shows officers fired at in gunman’s ‘ambush’

Louisville police release body camera footage from mass shooting at bank
Louisville police release body camera footage from mass shooting at bank

Latest developments:

►Funeral services will be held Friday for Elliott, a senior vice president at the bank whom Kentucky Gov. Andy Beshear described as a good friend who helped him launch his law career.

►The killer left a note behind and told at least one person he was suicidal, U.S. Rep. Morgan McGarvey said.

A mother’s anguished 911 call

The gunman’s mother appears torn in a 911 call, wanting to protect her son but also warn police about what he might do. She tells the operator her son doesn’t own a gun but may be headed toward the bank with one.

Sturgeon’s mother says she’s shaking and doesn’t know where her son could have gotten a weapon.

“We don’t even own guns,” she says, providing a description of her son – white, 6-foot-4 inches tall.

She asks whether she should go to the bank and the operator warns her against it, saying police officers have responded.

“You’ve had calls from other people?” she asks, sounding incredulous and heartbroken. “So they’re already there?”

Yes, the operator says. “It is an unsafe situation.”

– Donovan Slack

Shooter’s parents can’t explain how ‘Mr. Floyd Central’ became a mass killer

The parents of the 25-year-old bank employee who killed five people in a hail of bullets say they can’t explain how the son voted “Mr. Floyd Central High” seven years ago turned into a brutal killer.

The family of Connor Sturgeon said late Tuesday that he had “mental health challenges” but that there were never any warning signs he was capable of what police described as the targeted shooting of Old National Bank colleagues gathered for a meeting Monday morning.

“No words can express our sorrow, anguish, and horror at the unthinkable harm our son Connor inflicted on innocent people, their families, and the entire Louisville community,” the family said in a statement.

As Louisville police seek a motive, Interim Chief Jacquelyn Gwinn-Villaroel denied reports that Sturgeon was about to get fired from his job at the bank. She told CNN on Wednesday that “there was no discussion about him being terminated.”

Body camera video from the first two police officers who responded shows them taking fire in what Deputy Police Chief Paul Humphrey described as an “ambush.”

Governor, mayor among hundreds paying tribute to victims at vigil

Hundreds of people gathered Wednesday afternoon at Louisville’s Muhammad Ali Center – about a mile from the site of the shooting – for a vigil to honor the five persons killed.

They have been identified as Joshua Barrick, 40, Thomas Elliott, 63, Juliana Farmer, 45, James Tutt, 64, and Deana Eckert, 57. They were all bank employees.

Among those who spoke at the memorial were Kentucky Gov. Andy Beshear and Louisville Mayor Craig Greenberg. Beshear was close friends with Elliott, whom the governor credited with helping launch his law career.

Beshear urged those in attendance to remember to express their love for those they care about.

“We can live for the fallen, and we can live better for them. We can be better,” Beshear said. “We can be better family members. Better dads. Better moms. We can be better community members, and we can be better people. Let’s commit that to them.”

Officer Nickolas Wilt fights for his life

Officer Nickolas Wilt remained in the hospital in critical condition after being shot in the head as he ran toward the gunfire. The released version of Wilt’s footage cuts off before he is shot.

A bullet grazed fellow officer Cory Galloway, Wilt’s field trainer, on his left side. Galloway found cover behind a large planter and eventually fired the round that took down the assailant.

Wilt, 26, graduated from the Louisville Metro Police Academy 10 days before the shooting. Gwinn-Villaroel said she had sworn him in as his family watched, and Wilt’s twin brother is going through the academy now, friends of the family said. Wilt was working just his fourth shift as a police officer.

The two officers’ quick response Monday saved lives, Gwinn-Villaroel said: They “did not hesitate” when the call came in at 8:38 a.m.

“I’m just truly proud of the heroic actions of those two officers and everybody else that responded,” Gwinn-Villaroel said. “They went toward danger in order to save and preserve life, and that’s what you saw yesterday. They stopped the threat so other lives could be saved.

“They showed no hesitation, and they did what they were taught to do.”

 Lucas Aulbach and Madeline Mitchell, Louisville Courier Journal

Galloway: ‘I think I’ve got him down’

Galloway’s video shows him and Wilt as they reach the top of the stairs outside the bank. Wilt is not shown being hit, but Galloway rolls down the stairs and positions himself behind the planter and on the sidewalk. He takes cover there for just over three minutes before other officers arrive.

At that point, Galloway is shown firing several shots. The gunshots are audible, but the footage does not offer a clear view of the fatal shot. Humphrey said Galloway did not have a “close-range shot” and the stairs obscured his camera angle.

“I think I’ve got him down,” Galloway says. He then walks up the stairs and over shattered glass. An image blurred by police shows the shooter down in the lobby, near a second set of glass doors.

“There’s only a few people in this country that can do what they did. Not everybody can do that,” Humphrey said. “They deserve to be honored for what they did because it is not something that comes easily, it is not something that comes naturally. … That’s superhuman.”

– Madeline Mitchell and Lucas Aulbach, Louisville Courier Journal

Impromptu memorial to victims emerges outside bank

The steps outside of Old National Bank have been transformed into a somber memorial crowded with flowers. White crosses with blue hearts bear the names of the victims. Kett Ketterer, who works nearby at KD & Company wholesale flower company, unloaded more than a dozen potted Easter lilies.

“I think everybody’s just in shock, and you have to have some way to express yourself in your grief,” he said. “And I’m trying to understand. It just doesn’t make sense.”

Andrew Thuita came to the memorial because his girlfriend works nearby downtown. She was safe, but he has been too close to tragedy before. In 2018, he had gone shopping at the Jeffersontown Kroger on the same day two people were shot and killed.

“Another statistic in America,” Thuita said. “There is something wrong.”

– Maggie Menderski, Louisville Courier Journal

Timeline for a tragedy

Sturgeon made a number of posts on his now deleted Instagram account shortly before the rampage began. Among them: “They won’t listen to words or protests. Let’s see if they hear this.” Sturgeon, armed with an AR-15 rifle, then livestreamed his assault.

Humphrey said the first 911 call came in at 8:38 a.m., and officers were sent to the scene. Wilt and Galloway arrived at the entrance to the bank three minutes later and were met with gunfire that forced them to back up their vehicle. One minute later they got out of the car, and two minutes after that Wilt was shot and officers returned fire.

At 8:45 a.m., after a burst of gunfire, officers entered the bank and confirmed the suspect was down. Sturgeon died at the scene.

Family statement mourns loss of son, his victims

The shooter’s family reached out to the Louisville community in their statement Tuesday night.

“We mourn their loss and that of our son, Connor. We pray for everyone traumatized by his senseless acts of violence and are deeply grateful for the bravery and heroism of the Louisville Metropolitan Police Department,” the statement read.

“While Connor, like many of his contemporaries, had mental health challenges which we, as a family, were actively addressing, there were never any warning signs or indications he was capable of this shocking act. While we have many unanswered questions, we will continue to cooperate fully with law enforcement officials and do all we can to aid everyone in understanding why and how this happened.”

A star athlete with negative self-image

Sturgeon grew up in southern Indiana and graduated from Floyd Central High School, about 12 miles northwest of Louisville. He earned his bachelor’s and master’s degrees at the University of Alabama, an school spokesperson confirmed.

At Floyd Central, he played basketball for his father, Todd Sturgeon, who was the head coach. The younger Sturgeon was named “Mr. Floyd Central” in 2016 as a senior.

A former friend and teammate at Floyd Central told The Daily Beast this week that Sturgeon was “smart, popular and a star athlete.”

But in a 2018 college essay at the University of Alabama, Sturgeon wrote, “My self-esteem has long been a problem for me,” and as a “late bloomer in middle and high school, I struggled to a certain extent to fit in, and this has given me a somewhat negative self-image that persists today.” The essay was posted to a website called “CourseHero,” CNN and The Daily Beast reported, but it has since been taken down.

Pressured by Their Base on Abortion, Republicans Strain to Find a Way Forward

The New York Times

Pressured by Their Base on Abortion, Republicans Strain to Find a Way Forward

Jonathan Weisman – April 11, 2023

Rep. Nancy Mace (R-S.C.) speaks to reporters at the U.S. Capitol in Washington, on Feb. 2, 2023 (Kenny Holston/The New York Times)
Rep. Nancy Mace (R-S.C.) speaks to reporters at the U.S. Capitol in Washington, on Feb. 2, 2023 (Kenny Holston/The New York Times)

Republican leaders have followed an emboldened base of conservative activists into what increasingly looks like a political cul-de-sac on the issue of abortion — a tightly confined absolutist position that has limited their options before the 2024 election season, even as some in the party push for moderation.

Last year’s Supreme Court decision overturning a woman’s constitutionally protected right to an abortion was supposed to send the issue of abortion access to the states, where local politicians were supposed to have the best sense of the electorate’s views. But the decision on Friday by a conservative judge in Texas, invalidating the Food and Drug Administration’s 23-year-old approval of the abortion pill mifepristone, showed the push for nationwide restrictions on abortion has continued since the high court’s nullification of Roe v. Wade.

Days earlier, abortion was the central theme in a liberal judge’s landslide victory for a contested and pivotal seat on the state Supreme Court in Wisconsin. Some Republicans are warning that the uncompromising position of their party’s activist base could be leading them over an electoral cliff next year.

“If we can show that we care just a little bit, that we have some compassion, we can show the country our policies are reasonable, but because we keep going down these rabbit holes of extremism, we’re just going to keep losing,” said Rep. Nancy Mace, R-S.C., who has repeatedly called for more flexibility on first-term abortions and exceptions for rape, incest and the life and health of the mother. “I’m beside myself that I’m the only person who takes this stance.”

She is far from the only one.

The chair of the Republican National Committee, Ronna McDaniel, has been showing polling to members of her party demonstrating that Americans largely accept abortion up to 15 weeks into a pregnancy and support the same exemptions that Mace wants. Dan O’Donnell, a conservative radio host in Wisconsin, wrote after the lopsided conservative defeat in the state Supreme Court contest that abortion was driving young voters to the polls in staggering numbers and that survival of the party dictated compromise.

“As difficult as this may be to come to grips with, Republicans are on the wrong side politically of an issue that they are clearly on the right side of morally,” he wrote.

The problem goes beyond abortion. With each mass shooting, the GOP’s staunch stand against gun control faces renewed scrutiny. Republicans courted a backlash last week when they expelled two young Democratic lawmakers out of the Tennessee state legislature for leading youthful protests after a school shooting in Nashville that left six dead. Then on Monday came another mass shooting, in Louisville, Kentucky.

“My kids had friends on Friday night running for their lives,” said Mace, referring to a shooting on South Carolina’s Isle of Palms, which elicited no response from most of her party. “Republicans aren’t showing compassion in the wake of these mass shootings.”

The party’s stand against legislation to combat climate change has helped turn young voters into the most liberal bloc of the American electorate. And Republican efforts to roll back LGBTQ rights and target transgender teenagers, while popular with conservatives, may be seen by the broader electorate as, at best, a distraction from more pressing issues.

Rep. Mark Pocan, an openly gay Democrat from Wisconsin, said Monday that in the short term, the Republican attacks on transgender Americans were having a real-world effect, with a rise in violence and bigotry. But he said it is also contributing to the marginalization of the party, even in his swing state.

He pointed to the “WOW counties” that surround Milwaukee — Waukesha, Ozaukee and Washington — where then-Republican Gov. Scott Walker won 73% in 2014, and where the Republican, Dan Kelly, won 58.7% in the state Supreme Court race last week.

“We keep seeing our numbers increase in those counties because those Republicans largely are economic Republicans, not social Republicans,” Pocan said, adding that GOP candidates “definitely are chasing their people away.”

Mace does appear to be correct that her desire for compromise is not widely shared in a party in which analysts continue to look past social issues to explain their electoral defeats.

Kelly was a poor candidate who lost by an almost identical margin in another state Supreme Court race in 2020, noted David Winston, a longtime pollster and strategist for House Republican leaders. And, Winston added, Republicans may have lost female voters by 8 percentage points in the 2022 midterm elections, but they lost them by 19 points in 2018.

If inflation and economic concerns remain elevated, he added, the 2024 elections will be about the economy, not abortion or guns.

Republicans greeted the abortion-drug ruling on Friday, by Judge Matthew J. Kacsmaryk of the U.S. District Court for the Northern District of Texas, with near total silence. The judge gave the Biden administration seven days to appeal, and on Monday, senior executives of more than 250 pharmaceutical and biotech companies pleaded with the courts to nullify the ruling with a scorching condemnation of Kacsmaryk’s reasoning.

Most anti-abortion advocates are not backing down. Katie Glenn Daniel, the state policy director for Susan B. Anthony Pro-Life America, one of the most powerful anti-abortion groups, said Wisconsin’s results were more about anti-abortion forces being badly outspent than about ideology. In her state, Florida, she noted, Democrats scorched Republicans with advertising in 2022 saying they planned to ban abortion without exceptions. Republicans, from Gov. Ron DeSantis on down, easily prevailed that November.

Republicans need to keep pressing with abortion restrictions that will affect Democratic states as well as Republican ones, she said.

“A national minimum standard is incredibly important. Without it there will continue to be late-term abortions, and governors like Gavin Newsom are very motivated to force his views on the rest of the country,” she said of California’s Democratic governor.

Last week, the Florida state Senate approved legislation pushing the state’s ban on abortion from the current 15 weeks into pregnancy to six weeks. If the state’s House of Representatives approves it, DeSantis has said he will sign it. If DeSantis runs for president as expected, his signature would thrust abortion squarely into the 2024 race for the White House.

Last year, John P. Feehery, a veteran Republican leadership aide in the House, urged his party to find a defensible position on abortion that included flexibility on abortion pills, allowed early pregnancies to be terminated and detailed a coherent position on exceptions for rape, incest and health concerns. He said Monday that he was repeatedly told abortion would be a state-level issue and federal candidates should just stay quiet.

“They didn’t want to do the hard work on abortion,” he said, blaming “a lack of leadership” in the party that still has the Republican position muddled.

Guns are another issue where silence is not working. The shooting in Louisville, which left six dead, including the gunman, and eight wounded, kept the issue of guns in the spotlight after last week’s heated showdown in Tennessee — and before a three-day gathering of the National Rifle Association on Friday in Indianapolis. The Kentucky attack was the 15th mass shooting this year in which four or more victims were killed, the largest total in a year’s first 100 days since 2009, according to a USA Today/Associated Press/Northeastern University database.

“You can’t stop paying attention after one horrible event happens. You have to watch what happens afterward,” said Rep. Maxwell Frost, 26, a Florida Democrat who last year became the first member of Generation Z to be elected to the House.

Voices for compromise are beginning to bubble up, in some cases from surprising sources. Carol Tobias, president of the National Right to Life Committee, one of the country’s largest anti-abortion groups, said Monday that even she was “somewhat concerned” that the Republican Party might be getting ahead of the voters on abortion. Her organization has drafted model legislation to ban abortion at the state level in every case but when the life of the mother is in grave danger. But, Tobias said, that legislation comes with language to extend those exceptions to the “hard cases,” pregnancies that result from rape or incest, or that might harm a mother’s health.

“We’ve always known the American public does not support abortion for all nine months of a pregnancy,” she said. “They want some limits. We are trying to find those limits.”

She added, “If we can only at this time save 95% of the babies, I am happy to support that legislation.”

In Wisconsin, a big win for liberals and a warning for the GOP

Yahoo News 360

In Wisconsin, a big win for liberals and a warning for the GOP

Mike Bebernes – Senior Editor – April 9, 2023

How Wisconsin’s new liberal supreme court could rule on abortion rights, redistricting

What’s happening

On Tuesday night, while most of the political world was still focusing on the indictment of former President Donald Trump, a liberal candidate secured a major win that arguably suggests more about how future national elections may go than anything that happened in that New York City courtroom earlier in the day.

In Wisconsin, a liberal judge, Janet Protasiewicz, decisively defeated her conservative opponent, Daniel Kelly, and secured a seat on the state’s Supreme Court in a race widely considered to be the most important election of 2023. Protasiewicz’s victory will give liberals a majority on the Wisconsin court for the first time in 15 years. This potentially offers them the opportunity to strike down a 19th-century law banning nearly all abortions and to redraw congressional maps that have allowed Republicans to dominate the Wisconsin Legislature, despite the near 50-50 split of voters in the state.

Although the contest was nonpartisan on paper, it had all of the markings of a traditional campaign. Democrats and Republicans rallied intensely behind their preferred candidates, spending a combined $42 million on the race — nearly three times the previous record for any state Supreme Court election. Protasiewicz campaigned heavily on abortion and democracy reform, while Kelly attempted to portray her as “soft on crime.”

In another high-profile race Tuesday night in Chicago, the progressive candidate, Brandon Johnson, beat the conservative Democrat Paul Vallas in the race to become mayor of the nation’s third-largest city. These two victories come five months after Democrats overcame predictions of a “red wave” in last year’s midterm elections by winning key Senate, House and governors’ races across the country.

Why there’s debate

The Wisconsin Supreme Court will probably have a significant impact on politics in the state, but many political observers say it also serves as a strong bellwether of the political dynamics in the country ahead of next year’s critical presidential election cycle.

Commentators on both sides of the political spectrum say the result should be a flashing red warning light for Republicans about the dangers they face in 2024. They argue that Protasiewicz’s win shows that the dynamics that fueled the GOP’s lackluster showing in the midterms — most notably opposition to Trump and backlash to the Supreme Court’s ruling overturning abortion protections established in Roe v. Wade — are still swaying swing voters. Many also make the case that Republicans have little hope of pivoting away from such unpopular positions because of the intensely pro-Trump and anti-abortion views of the party’s core voters.

There are also practical implications of the new liberal majority on Wisconsin’s top court that could benefit Democrats. If the court throws out the state’s gerrymandered district map, which is strongly biased in the Republicans’ favor, that could help Democrats gain a handful of seats in the House of Representatives and tip the balance in the state Legislature in their favor. Some legal experts add that having Protasiewicz on the bench, rather than an ally of Trump, like Kelly, dramatically reduces the chances that a GOP-backed legal effort to challenge the state’s results in the next presidential election would be successful.

Other observers are wary of making too many predictions based on a single, off-year election, with more than 18 months to go before the presidential election. They argue that the types of voters who turn out for a state Supreme Court race don’t necessarily reflect the voters who will turn out next November, especially if Trump himself is on the ballot. It’s also possible, some add, that abortion may not be as potent an issue for Democrats in the future, because the question may largely have been settled in most states by the time voters head to the polls.

What’s next

Protasiewicz is scheduled to be sworn in in August, and the court is expected to quickly take up challenges to both the state’s centuries-old abortion ban and its gerrymandered district map. There has been some speculation that Republicans in the Wisconsin State Senate may attempt to impeach Protasiewicz to prevent her from tipping power in the court, but the party’s leaders have insisted that is not going to happen.

Perspectives

Republicans’ refusal to abandon unpopular positions means the losses will keep coming

“Republicans were, after all, warned. Again and again. On Trump and abortion, but also on guns, moral Grundyism, and their addiction to the crazy. Yet despite all the red blinking lights — and they are flashing everywhere — the GOP simply smacks its lips and says, ‘This is fine.’ More, please.” — Charlie Sykes, Bulwark

The GOP has time to stem its losses on abortion if it’s willing to moderate on the issue

“The Wisconsin results show abortion is still politically potent. … Republicans had better get their abortion position straight, and more in line with where voters are or they will face another disappointment in 2024. A total ban is a loser in swing states. Republicans who insist on that position could soon find that electoral defeats will lead to even more liberal state abortion laws than under Roe.” — Editorial, Wall Street Journal

An obscure, off-year court race can’t tell us much about how national elections will go

“The supreme-court election is a big win for the Left, but it would be foolish to suggest it means Wisconsin won’t be a competitive state in 2024. Turnout in 2023 was significantly higher than in a typical supreme-court election but significantly lower than in the November 2022 midterm elections or the 2020 presidential election.” — John McCormack, National Review

Democratic strength in Midwest swing states narrows the GOP’s path to the White House

“These gains in turn will further energize progressives and elect more Democrats in a virtuous circle. It is hard to imagine any Republican presidential candidate carrying Wisconsin in 2024, and that pattern is likely to hold in other key Midwestern states.” — Robert Kuttner, American Prospect

Unique circumstances made abortion more central in Wisconsin than it will be in most other contests

“The answer seems to be that abortion is a winning issue for Democrats, but only in some circumstances. When a campaign revolves around the subject — as the Wisconsin Supreme Court race did this week and voter referendums in Kansas, Kentucky and Michigan did last year — abortion can win big even in purple or red states. … But there is not yet evidence that abortion can determine the outcome of most political campaigns.” — David Leonhardt, New York Times

The GOP’s MAGA base is driving the party straight toward disaster in 2024

“The GOP nominee will have most likely endorsed a national abortion ban (or at least draconian abortion restrictions in their own state) to make the party’s primary voters happy. … If messaging about defending abortion rights and democracy commanded a sizable majority in this highly polarized, blue collar-heavy swing state, it may well continue constituting Kryptonite to MAGA — all the way through 2024.” — Greg Sargent, Washington Post

The messages that have helped the GOP win in the past may not work today

“Away from the Trump circus, it certainly feels like a shift is happening. The go-to Republican scare tactics – Socialism is coming! Crime is rampant! The family is under attack! – aren’t working. And when the face of your party becomes the first former president ever indicted, the old ‘party of law and order’ line falls a bit flat.” — Rex Huppke, USA Today

The result should inspire Democrats to proudly stand up for progressive policies

“For Democrats, there is a lesson here. When they run on protecting abortion rights, they tend to win. When they shy away from messages that are central to their party’s identity — for instance, by tacking to the center with tough-on-crime policies — their record is much more mixed. … In much of the country, voters don’t want Republican-lite candidates. They want Democrats who act like Democrats.” — Alex Shephard, New Republic

Abortion fights may be largely settled by the time the presidential election comes around

“Abortion might be legal in Wisconsin by the 2024 election. I think that’s actually quite likely. So, you know, abortion as a motivating issue might not be there for some voters.” — Amelia Thomson-DeVeaux, FiveThirtyEight

A liberal majority on Wisconsin’s court will counter the GOP’s efforts to subvert democracy

“A redrawn map could put two or three GOP-held seats in Congress in play for Democrats. … The actual winner of the 2024 Wisconsin presidential election will all but certainly receive the state’s electoral votes.” — Christina Cauterucci, Slate

Is there a topic you’d like to see covered in “The 360”? Send your suggestions to the360@yahoonews.com.

Photo Credit REUTERS/Evelyn Hockstein

Trump and His Lawyers: A Restless Search for Another Roy Cohn

The New York Times

Trump and His Lawyers: A Restless Search for Another Roy Cohn

Maggie Haberman and Jonathan Swan – April 9, 2023

Todd Blanche, a newly hired criminal defense lawyer for former President Donald Trump, leaves the courthouse after Trump’s indictment, in New York, April 4, 2023. (Ahmed Gaber/The New York Times)
Todd Blanche, a newly hired criminal defense lawyer for former President Donald Trump, leaves the courthouse after Trump’s indictment, in New York, April 4, 2023. (Ahmed Gaber/The New York Times)

Seated far to the left of the defendant, former President Donald Trump, in a Manhattan, New York, criminal courtroom Tuesday was a lawyer who has never tried a case in court, whose phone was seized by federal agents executing a warrant last year, and who once hosted syndicated news segments bombastically defending the Trump White House.

Seated to Trump’s far right was Todd Blanche, a newly hired criminal defense lawyer who also represents the lawyer at the far left end of the table, Boris Epshteyn. In between them was Joe Tacopina, a combative presence on cable television who recently represented Trump’s future daughter-in-law, Kimberly Guilfoyle, before the House committee investigating the Jan. 6 attack on the Capitol.

The tableau, rounded out by another lawyer, Susan Necheles, from Trump’s arraignment on 34 felony charges of falsifying business records, revealed more about the client than about the case at hand. It was emblematic of his relentless search for the perfect lawyer — and of his frequent replacement of his lawyers when they fail to live up to his ideal for how the perfect lawyer should operate.

Trump has long been obsessed with lawyers: obsessed with finding what he thinks are good lawyers and obsessed with ensuring that his lawyers defend him zealously in the court of public opinion.

His lawyers’ own foibles are seldom disqualifying, so long as they defend him in the manner he desires.

That often means measuring up to the example of Roy Cohn, Trump’s first fixer-lawyer, who represented him in the 1970s and early 1980s. Cohn, whose background included being indicted himself and who was eventually disbarred, earned a reputation for practicing with threats, scorched-earth attacks and media manipulation.

Trump’s continual efforts to identify and recruit the newest Roy Cohn have always been unusual and impulsive, according to interviews with a half-dozen people who have represented Trump or been involved in his legal travails over the past seven years.

He has occasionally hired lawyers after only the briefest phone call, knowing little to nothing about their background but having been impressed by a quick introduction or by seeing them praise him on Fox News.

It took only an introduction over the phone by Epshteyn on a conference call for Trump to hire Evan Corcoran, a former federal prosecutor, to handle discussions with the government over its efforts to recover classified materials in Trump’s possession. (Corcoran has since become the focus of government efforts to pierce attorney-client privilege and learn about his discussions with Trump in connection with a grand-jury subpoena for classified material at Mar-a-Lago as the government amasses evidence of obstruction of justice. Prosecutors believe Trump may have misled Corcoran during those discussions.)

Trump hired Jim Trusty, a former federal prosecutor, to work on the classified documents case after seeing him discuss one of Trump’s legal entanglements as a commentator on television.

“That’s one of the first questions: ‘Can you go on TV?’ He picks his lawyers literally off of TV,” said one lawyer who used to represent Trump, who insisted on anonymity to avoid publicly breaking confidence with a former client. “It’s more important that you go on TV for him and how you look on TV than what you actually say in the courtroom.”

The same lawyer cited Trump’s lawsuits against journalist Bob Woodward and the Pulitzer Prize Board as actions that any experienced lawyer would have known would get him or her “laughed out of court.”

“He wants people who will go out and say things that lawyers can’t say, things you just can’t say in a courtroom,” the former Trump lawyer said. “Lawyers who push back don’t make it.”

The Woodward and Pulitzer lawsuits were advocated nonetheless by Epshteyn, according to two of the former president’s advisers, because Epshteyn is “the good news guy” who relays to Trump only what he thinks will please him. (Others say Epshteyn has delivered bad news as well, when it’s been necessary.)

Epshteyn declined to comment.

“President Trump has assembled a legal team that is battle-tested and proven on all levels,” said Steven Cheung, a spokesperson for Trump. “With the law, facts and truth on President Trump’s side across the board, the witch hunts and hoaxes being thrown against him and his supporters have no chance. President Trump will not be deterred and will always keep fighting for America and Americans.”

Trump employs some veteran lawyers with extensive experience, who are candid with him even though they know he may disregard their advice or, worse, attack them for giving it, according to some who have worked in Trump’s orbit. And he hasn’t pushed them all to go on television. But longtime Trump observers see a correlation between others on his current team and the self-described “elite strike force” that championed Trump’s false claims of a stolen election after his defeat by Joe Biden.

Epshteyn was part of the group that pushed to keep Trump in power and has since stayed involved as a communications and in-house counsel. Still, several of Trump’s advisers were surprised to see Epshteyn seated at the defense table when photos were published from inside the Manhattan courtroom Tuesday: While Blanche, Tacopina and Necheles were all named in the court transcript as attorneys of record in the criminal case, Epshteyn was not.

Until he announced his presidential campaign in November, Trump had paid at least $10 million to his lawyers over the prior two years using money donated to his political action committee. The fact that he was not personally on the hook for the money seemed to make Trump even more impulsive in his hiring of lawyers, according to a person familiar with his legal decisions.

Trump is not an easy client: He often tells lawyers that he is smarter than them and more experienced in legal combat. He is given to instructing them not only what to say on television but also what to say in court.

In an interview in 2021, Trump named Cohn and Jay Goldberg, who represented him in his divorce from his first wife, Ivana, as the two best lawyers he had ever had.

“I’m not finding people like this; Jay Goldberg, you know, he was a great Harvard student, but he was great on his feet,” Trump said, before making clear how much he saw the job of his lawyers as representing him in the public eye: “I know they’ve got to exist, they’re around, but you don’t see it. A lot of people choke. They choke, you know, when the press, when you call, when the press calls. In all fairness, the press calls, and they can’t handle it.”

While Trump has privately praised Tacopina for his appearances on television, some of the former president’s advisers have been unhappy with them; Tacopina was recently joined in talking about the Manhattan criminal case by Trusty, though Trusty represents Trump in the classified documents case.

Another lawyer who has worked with Trump — his former attorney general, William Barr — shook his head at the sight of the defense table Tuesday.

Barr, who sat for an interview with the House select committee investigating Trump’s efforts to stay in office, explained that lawyers working for Trump tend to come to one conclusion.

“Lawyers inevitably are sorry for taking on assignments with him,” Barr said on Fox News. “They spend a lot of time before grand juries or depositions themselves.”

“Dead Skunk in the middle of the road, stinking to high heaven”: Clarence Thomas accepted luxury gifts from GOP megadonor for decades

USA Today

Clarence Thomas accepted luxury gifts from GOP megadonor for decades without disclosing them: report

Sarah Elbeshbishi and Josh Meyer – April 6, 2023

Supreme Court Justice Clarence Thomas has accepted luxury gifts from a prominent Republican donor for more than 20 years without disclosing them, possibly violating a law that requires justices, judges and members of Congress to disclose most gifts, according to a new report.

ProPublica reported Thursday on a series of lavish trips Thomas has taken over more than two decades, which have been funded by billionaire and GOP megadonor Harlan Crow.

This investigation comes as the nation’s high court fends off requests for a code of ethics, which would likely address similar instances.

The disclosures are the latest ethics controversy to dog Thomas, who also has faced tough questions about his incomplete financial disclosure forms and appearances at other political gatherings of wealthy conservative donors and influencers.

Virginia “Ginni” Thomas, his wife, also has come under scrutiny for her back-channel efforts to help former President Donald Trump stay in power despite losing the 2020 presidential election to Joe Biden.

Thomas accepted luxury gifts without disclosing them, according to report

Thomas has accepted lavish gifts from the billionaire Dallas businessman nearly every year, which had included vacations on Crow’s superyacht and trips on the billionaire’s Bombardier Global 5000 jet as well as a week each summer at Crow’s private resort in the Adirondacks, ProPublica reported, citing flight records, internal documents and interviews with Crow’s employees.

The report also found that flight records from the Federal Aviation Administration and FlightAware suggests that Thomas makes “regular use” of Crow’s jet, noting that Thomas used the private plane for a three-hour trip in 2016.

Thomas’ frequent trips to Crow’s private lakeside report, Camp Topridge, in the Adirondacks in upstate New York has also subjected Thomas to Crow’s extensive guestlist of corporate executives and political activists.

More: Supreme Court justices don’t have a code of ethics. Hundreds of judges say that’s a problem

Thomas vacationed with executives at Verizon and PricewaterhouseCoopers, major GOP donors, a leader of the American Enterprise Institute during a July 2017 trip, according to ProPublica.

What did Thomas, Crow say?

Thomas didn’t respond to ProPublica’s request for comment, but Crow in a statement said he and his wife’s “hospitality” to Thomas and his wife “over the years is no different from the hospitality we have extended to our many other dear friends.”

Crow, in his statement, also emphasized that he has never asked Thomas about any pending or lower court case, nor has Thomas discussed one, adding that “we have never sought to influence Justice Thomas on any legal or political issue” nor is aware of “any of our friends ever lobbying or seeking to influence” Thomas.

Renewed calls for code of ethics

Sen. Sheldon Whitehouse, a longtime advocate for more transparency and accountability on the Supreme Court, issued a series of tweets following the ProPublica story saying it underscores why an overhaul of court ethics laws and requirements is urgently needed.

“A picture worth a thousand words,” Whitehouse said, including a painting in his tweet from the ProPublica report that allegedly hangs at Crow’s Adirondacks resort, Camp Topridge. It shows Thomas smoking cigars with Crow and other prominent conservatives.

Image

Whitehouse outlined some of the connections between those in what he calls “the ‘cigar boys’ painting,” saying one of them, Leonard Leo, runs a “constellation of front groups” whose goal is to secretly influence the High Court.

As one example, Whitehouse said that an organization called the Judicial Crisis Network “raised anonymous money in checks as big as $17 million to fund political ads for (Supreme Court justices) Gorsuch, Kavanaugh and Barrett.”

“The donor(s) who funded ads to help Leo’s Judicial Crisis Network front group pack the Court, and the donor’s(s’) business or interests before the Court, have never been disclosed,” Whitehouse said.

This secrecy is toxic and wrong,” he added. “The Court should not protect it any longer, and the Judicial Conference should look diligently and with urgency into this mess of front group briefs.”

Whitehouse, a lawyer and former top federal prosecutor, is a senior member of the Senate Judiciary Committee, which oversees Supreme Court nominations.

The least accountable part of the U.S. government?

Gabe Roth, executive director of the non-partisan group Fix the Court, said the ProPublica story “leads to a conclusion we’ve all come to expect: the Supreme Court is the least accountable part of our government, and nothing is going to change without a wholesale, lawmaker-led reimagining of its responsibilities when it comes to basic measures of oversight.”

Roth said the disclosures in the report underscore that ‘personal hospitality rules’ adopted by the judiciary last month do not go far enough, and that Supreme Court and lower courts need to adopt “the same, if not stricter, gift and travel rules than what members of Congress have.”

“That means a judicial ethics office to pre-approve sponsored trips, no matter who — even a ‘friend’ — is footing the bill, and judges and justices should be required to file a report within 30 days of their return listing the names of other guests and the dollar amounts for every mode of transportation taken, plus lodging and meals.”

Roth also called on Thomas to update his disclosure reports “for every year he took a private plane, as it appears that such luxurious travel has never been included under the ‘personal hospitality exemption.’”

Tennessee GOP lawmakers expel two Democrats, spare one over gun control protest

Yahoo! News

Tennessee GOP lawmakers expel two Democrats, spare one over gun control protest

The two expelled Democrats, both Black men, were two of the youngest members of the House. The other Democrat not expelled, a white woman, believes race played a role in their dismissal.

Marquise Francis, National Reporter – April 6, 2023

The majority-Republican Tennessee House voted to expel two Democrats and spared a third Thursday afternoon after the trio of lawmakers led a protest on the House floor last week to demand action on gun control in the wake of the latest deadly school shooting in Nashville last Monday that claimed the lives of six people, including three children.

State representatives Justin Jones of Nashville and Justin Pearson of Memphis, both Black and two of the youngest members of the Legislature, were voted out of the House with vote tallies of 72-25 and 69-26 respectively, while Rep. Gloria Johnson of Knoxville, a white woman, was spared by one vote with a vote tally of 65-30.

It takes two-thirds of the House to officially expel a member and Tennessee House is made up of 75 Republicans and 23 Democrats, with one vacancy.

When asked what made the difference between her outcome and those of her former colleagues, Johnson told a group of reporters shortly after her vote that “it might have to do with the color of our skin.”

Rep. Gloria Johnson, D-Knoxville, right, receives a hug from Rep. John Ray Clemmons, D-Nashville, on the floor of the House chamber after a resolution to expel Johnson from the legislature failed Thursday, April 6, 2023, in Nashville, Tenn. (AP Photo/George Walker IV)
Rep. Gloria Johnson, D-Knoxville, right, receives a hug from Rep. John Ray Clemmons, D-Nashville, on the floor of the House chamber after a resolution to expel Johnson from the legislature failed Thursday, April 6, 2023, in Nashville, Tenn. (AP Photo/George Walker IV)

Johnson also vowed to do everything in her power to fight to get the jobs back for her colleagues.

The trio of Democrats — who in recent days have gained notoriety as the so-called Tennessee Three — said they understood that they were breaking decorum when they approached the podium last week with a bullhorn chanting, “No action, no peace!” They were echoing the sentiments of thousands of students, parents and community members they had met with earlier that day, many of whom were still present and shouting from the gallery above the chamber, having grown impatient as the majority GOP House worked through various pieces of legislation, but none addressing guns.

The Democrats had expected consequences for their actions, they admit, but had no idea it would cost them their jobs.

Republicans on Monday introduced legislation to expel the three Democrats for “disorderly behavior,” with GOP House Speaker Cameron Sexton likening the public display to an “insurrection.”

“What they did was try to hold up the people’s business on the House floor instead of doing it the way that they should have done it, which they have the means to do,” Sexton said on “The Hal Show Podcast” the evening of the outburst. “They actually thought that they would be arrested. And so they decided that them being a victim was more important than focusing on the six victims from Monday. And that’s appalling.”

Sexton did not return Yahoo News’ request for comment.

Protesters in the gallery of the Tennessee state Capitol on Monday demanding action on gun reform
Protesters in the gallery of the Tennessee state Capitol on Monday demanding action on gun reform. (Seth Herald/Getty Images)

When Johnson joined her two former colleagues in boisterous chants for gun reform on the state Capitol’s House floor last Thursday during a recess between bills, it was largely because she knows firsthand about the trauma that plagues, even at times consumes, an individual after experiencing a school shooting.

In the wake of the latest deadly school shooting in Nashville last week that claimed the lives of six people, including three children, Johnson recalls her own school shooting experience in the state fifteen years prior.

The Democratic lawmaker was a teacher more than a decade ago at Central High School in Knoxville when in 2008 a student fatally shot a 15-year-old classmate during a dispute. As those unsettling memories returned with this most recent tragedy, Johnsons said she felt silenced by the majority Republican-led House for not formally bringing a gun control discussion to the floor — so she and two others took it upon themselves.

“As an educator who’s been in a school when there was a school shooting, we have to [make] this issue paramount,” Johnson, who represents Knoxville, told Yahoo News, recalling the psychological aftermath that the 2008 shooting had on the community. “It was a trauma-filled day and a sad day – and we lost a life. It had a serious effect on students.”

Republicans also stripped the lawmakers – who represent the state’s largest three cities with about 80,000 constituents each – of their committee assignments and revoked building access.

‘Chilling effect across the country’

Ahead of the expulsion votes, Johnson believed the move would have sweeping ramifications across the rest of the country.

“This is going to have a chilling effect across the country, especially in red states,” she said. “It’s going to scare people from talking about real issues. … [Republicans] thought they would take this opportunity to take these respected voices in the state away and didn’t take a second to think about what they were doing.”

Pearson, who was elected to his seat in January, claims that Republicans in the state House are “silently complicit to gun companies,” which is leading to an “erosion of democracy.”

“There were thousands outside wanting us to stand up,” Pearson told Yahoo News. “I come from a community that [deals with gun violence regularly]. We want action so we don’t have this issue. This is indicative of the silencing.”

Former Rep. Justin Pearson, D-Memphis, delivers his final remarks on the floor of the House chamber as he is expelled from the Legislature on Thursday
Former Rep. Justin Pearson, D-Memphis, delivers his final remarks on the floor of the House chamber as he is expelled from the Legislature on Thursday. (George Walker IV/AP)

Leaders from across the country have also echoed this sentiment.

White House press secretary Karine Jean-Pierre slammed Tennessee Republicans for taking swift action on the Democrats’ protest, but failing to address legitimate solutions that could prevent another school shooting.

“The fact that this vote is happening is shocking, undemocratic and without precedent across Tennessee and across America, our kids are paying the price for the actions of Republican lawmakers who continue to refuse to take action on stronger gun laws,” Jean-Pierre said during Thursday’s press briefing.

Guns remain the leading cause of death for children and adolescents under the age of 19 since surpassing car accidents in 2020, according to data from the Centers for Disease Control and Prevention. In 2021 alone, firearms accounted for nearly one in five deaths of children.

Sen. Chris Murphy, a Democrat from Connecticut, where the deadliest elementary school shooting in American history happened in 2012, called the move to expel the legislators “bone-chilling.”

“I’m not excusing yelling out of turn on the House floor,” Murphy tweeted Tuesday. “Civility still matters in politics. But expulsion is an extreme measure of last resort, not the first step when someone breaks the House floor rules. And the double standard tells you everything you need to know.”

Senator Chris Murphy, a Democrat from Connecticut, speaks during a Senate Health, Education, Labor, and Pensions Committee hearing in Washington, DC, US, on Wednesday, March 29, 2023. (Al Drago/Bloomberg via Getty)
Senator Chris Murphy, a Democrat from Connecticut, speaks during a Senate Health, Education, Labor, and Pensions Committee hearing in Washington, DC, US, on Wednesday, March 29, 2023. (Al Drago/Bloomberg via Getty)

Former Democratic presidential candidate Sen. Elizabeth Warren of Massachusetts called the impending expulsion “infuriating and anti-democratic.”

Jones, who at 27 is one of the youngest members of the Tennessee House of Representatives, told CNN Wednesday that the move to expel him and his colleagues is “morally insane.”

“It’s very concerning and it represents a clear and present danger to democracy all across this nation that should trouble us all,” he said.

But some critics are cautious to overstate the effects of an expulsion. Thomas Goodman, an assistant professor in the Department of Politics and Law at Rhodes College in Memphis, believes there are ways to be disruptive within the confines of procedure.

“I fear this could lead to a chilling effect on other Republican-led states, possibly deterring the voicing of dissident opinions in states where abortion laws and gun control policy do not neatly align with the majority’s views,” Goodman said in an email to Yahoo News. “But why limit it to Republican-led states? What about the potential for Democratic-majority states to act in similarly abusive ways?”

“Democrats in other states could continue expressing their opinions and offering dissent, but through mechanisms that do not disrupt parliamentary procedures, within acceptable parliamentary channels,” he said.

Concerns of a double standard

The move to expel the three Democrats has also raised concerns of a double standard within the Republican-controlled State House that in recent years declined to take action against a member accused of sexual misconduct and another facing an indictment for violating federal campaign finance laws. Another unidentified Republican member of the House allegedly urinated on a colleague’s chair.

“Evidently these are not expulsion-worthy displays of unethical behavior or lack of decorum,” Carrie Russell, a political science professor at Vanderbilt University told Yahoo News in an email, while duly acknowledging that a move like this “signals that dissent and protesting against the stated agenda, regardless of the context, will procedurally engender the most extreme measures – rendering their seats vacant and removing the ability of the voters in the states’ most diverse districts to receive representation in the halls of government.”

Protesters gather outside the Tennessee State Capitol to call for an end to gun violence and support stronger gun laws after a deadly shooting at the Covenant School in Nashville, Tennessee, U.S. March 30, 2023. (REUTERS/Cheney Orr/File Photo)
Protesters gather outside the Tennessee State Capitol to call for an end to gun violence and support stronger gun laws after a deadly shooting at the Covenant School in Nashville, Tennessee, U.S. March 30, 2023. (REUTERS/Cheney Orr/File Photo)

Since the Civil War, just two other members of the House have been expelled for much more egregious actions. Most recently, in 2016 then-Rep. Jeremy Durham, a Republican, was removed from the House over allegations of sexual misconduct with at least 22 women. Prior to that, in 1980, then-Rep. Robert Fisher, a Republican, was expelled after being convicted of soliciting a bribe in exchange for attempting to prevent pending legislation from going through.

Because of these serious infractions in the past leading to expulsion, political experts say a move to remove legislators for protesting out of turn would set a troubling precedent.

“Expulsion directly removes a duly elected official. It takes the decision out of the hands of the electorate,” Susan Haynes, an associate professor of political science at Lipscomb University in Nashville, told Yahoo News, adding that expulsion in this circumstance, “lessens the threshold for what qualifies as an expellable offense.”

“Neither the Tennessee Constitution nor the U.S. Constitution specifies what constitutes an expellable offense, so there is significant ambiguity there, but if we make this a political decision and weaponize the process, it sets a dangerous precedent,” she said.

Tennessee State Troopers block the stairwell leading to the legislative chambers Thursday, April 6, 2023, in Nashville, Tenn. (AP Photo/George Walker IV)
Tennessee State Troopers block the stairwell leading to the legislative chambers Thursday, April 6, 2023, in Nashville, Tenn. (AP Photo/George Walker IV)

Jana Morgan, a professor of political science at the University of Tennessee and co-author of the book Hijacking the Agenda: Economic Power and Political Influence sees two possible results from an expulsion that could result in contrasting outcomes.

“Expelling these legislators would immediately strip thousands of Tennesseeans of elected representation in the state Legislature, and the expulsion proceedings could work to silence the voices that these members aimed to amplify,” Morgan told Yahoo News. “At the same time, the ripple effects from this expulsion effort could actually galvanize the supporters of the Tennessee Three as well as gun control advocates across the state and country.”

Fanning the flames of heightened frustrations, on Monday, Republican Rep. Justin Lafferty allegedly assaulted Jones as he held his phone to film on the House floor as community members in the gallery above the House floor chanted “fascists”.

“This is a sad day for Tennessee,” Jones said in a tweet capturing the incident.

Rep. Justin Jones (D-Nashville), speaks to a group made up of mainly high school students during their sit in to demand answers on what representatives plan to do on gun reform in the state of Tennessee, at the Cordell Hull State Office Building a week after the mass shooting at The Covenant School, in Nashville, Tennessee, U.S. April 3, 2023.  (Nicole Hester/USA Today Network via REUTERS)
Rep. Justin Jones (D-Nashville), speaks to a group made up of mainly high school students during their sit in to demand answers on what representatives plan to do on gun reform in the state of Tennessee, at the Cordell Hull State Office Building a week after the mass shooting at The Covenant School, in Nashville, Tennessee, U.S. April 3, 2023. (Nicole Hester/USA Today Network via REUTERS)

Johnson called the incident an example of “privilege” at work. But beyond the infighting and tense exchanges in the past week, she says, what’s most frustrating is the fact that real human lives are at stake. Having been in elected office off and on for a decade, Johnson said she’s seen the decay of bipartisan work for the greater good.

Dating back to when she was first elected in 2013, Johnson recalls a time when, “We were on both sides of the aisle, but we would get along. Now there’s a meanness with this new class even more. It’s concerning and we are moving further and further away from democracy.”

Republicans push back

Still, Republicans appear to be holding their ground.

Republican Rep. Gino Bulso, who sponsored Johnson’s expulsion, said during an appearance on the conservative Daily Wire podcast on Wednesday that the trio’s actions warrant their discipline.

“They voluntarily disqualified themselves from further service,” Bulso said. “Rather than comply with their oath to the Constitution and comply with the rules, they decided to go outside of the House and effectively shut it down. And so what we’re simply doing is recognizing that they’ve voluntarily chosen to put themselves outside the House and formally expel them.”

Ken Paulson, director of the Free Speech Center at Middle Tennessee State University, sees some lingering questions for the state House’s ultimate voting body.

“The key question is whether the lawmakers are being punished for their actions or their speech,” he said. “If no one has ever been expelled for comparably disruptive behavior in the chamber, there’s a strong argument that they’re being punished for their speech, which would violate the First Amendment. … This has the feel of retaliation for criticism directed at House members.”

Protesters stand in the house gallery as the House starts its morning session while protesters gather at the Tennessee State Capitol building to call for gun reform laws and to show support for the 'Tennessee Three' Democratic representatives who are facing expulsion Rep. Gloria Johnson of Knoxville, Rep. Justin Jones of Nashville, and Rep. Justin Pearson of Memphis on April 6, 2023 in Nashville, Tennessee. (Photo by Seth Herald/Getty Images)
Protesters stand in the house gallery as the House starts its morning session while protesters gather at the Tennessee State Capitol building to call for gun reform laws and to show support for the ‘Tennessee Three’ Democratic representatives who are facing expulsion Rep. Gloria Johnson of Knoxville, Rep. Justin Jones of Nashville, and Rep. Justin Pearson of Memphis on April 6, 2023 in Nashville, Tennessee. (Photo by Seth Herald/Getty Images)

As for expectations ahead of Thursday’s votes, Pearson thinks this is likely his last week as an elected official. But the work, he says, never stops.

“I expect the majority of those people to expel us in an attempt to expel us [as people], but you can’t silence us,” he said. “We are going to continue to do the work to not be silenced.”

Cover thumbnail: Seth Herald/Getty Images

Donald Trump’s indicted. But in Kansas, we’ve got a bigger Trump problem.

The Wichita Eagle – Opinion

Donald Trump’s indicted. But in Kansas, we’ve got a bigger Trump problem. | Opinion

Dion Lefler – April 4, 2023

Monte Wolverton/Cagle Cartoons

Donald Trump’s been indicted.

Big deal.

He probably did all kinds of fun things with adult-entertainment performer Stormy Daniels. And he probably did pay her hush money. And he probably didn’t list “paying off porn star to keep her quiet” in his business records.

Again, big deal.

I guess we’re supposed to be impressed by the historicness of it all — the first time a former U.S. president’s been indicted on criminal charges. As I’m flipping through the cable-news networks, MSNBC just called it “a critical moment in this country’s democracy.”

I’m not feeling it.

A “critical moment in this country’s democracy” was when Trump called Georgia Secretary of State Brad Raffensperger and pressured him to “find” 11,780 votes to win Trump a state he obviously, if narrowly, lost. Fortunately, Raffensperger, a fellow Republican, courageously told Trump to pound sand, knowing he’d be targeted by Trump and his “Stop the Steal” army.

Another “critical moment in this country’s democracy” was Trump and his organization whipping up the mob that stormed the Capitol on Jan. 6, 2021, attempting to intimidate Vice President Mike Pence into overthrowing the election, and with it, our constitutional republic. I wish I could say that Kansas’ congressional delegation followed Raffensperger’s example and stood tall. But two-thirds of our members — Sen. Roger Marshall and Reps. Ron Estes, Jake LaTurner and Tracey Mann — were too scared of pro-Trump voters back home and sided with him and his QAnon clown show.

If you want to indict Trump for something, indict him for those egregious violations of our nation’s most sacred political rights. Stormy’s a side show.

Speaking of critical moments for democracy, the Stop the Steal circus is currently playing an extended run right here in Kansas.

MAGA Republicans at the Statehouse are doing their best to steal your voting rights by making it harder to vote, closing down drop boxes and ending the three-day grace period for the Post Office to deliver ballots that are postmarked by election day.

My strong advice to Kansas voters would be to focus on that instead of Donald and Stormy’s soap opera. It affects you a lot more.

Democrats will no doubt get a few chuckles out of Trump having to get mug-shotted, fingerprinted and weighed at the jail. But the Republicans will probably get the last laugh.

There are two possible outcomes, either Trump is found guilty or he isn’t.

If he’s found guilty, he’ll probably get fined — the usual outcome for white-collar crime, first offense. But he’ll gain more power and influence as a martyr of the right than he has now.

If he’s acquitted or there’s a hung jury, Republicans will raise truckloads of money by claiming he, and they, are all innocent victims of political persecution by a system run amok.

In fact, the Kansas Republican Party’s already hard at it.

In their Friday File newsletter/fund-raising appeal, they called the indictment “another partisan attack where the Democrats are weaponizing the justice system against their enemies.”

They go on at some length, with the usual whataboutism references to Hunter Biden’s laptop, Hillary Clinton’s e-mail, Jeffrey Epstein’s black book, COVID vaccines and Benghazi, which they spell “Behgazi.”

They claim prosecuting Trump “puts America on the slippery slope where banana republics languish.”

That part’s actually kind of funny because offhand, it’s hard to imagine anything more “banana republic” than asking an election official to “find” votes, trying to decertify an honest election, or suppressing political opponents’ votes — which by every word and deed the state GOP’s indicated they don’t have a problem with as long as it’s their side doing it.

They wrap up with this somewhat ominous statement: “As Republicans we have a duty to protect the USA because Democrats simply refuse. Elections are the only civil and nonviolent remedy to change our government. But are our elections truly secure?”

Seems like we’ve heard that before — right around Jan. 6, 2021.

Law & Dis-Order – Crime and Punishment

Law and Disorder – Crime and Punishment

John Hanno – The Tarbaby’s blog – April 2, 2023

Trump indicted live updates: Ex-president expected to appear before judge Tuesday

The opening disclaimer for NBC’s Law & Order reads, “The following story is fictional and does not depict any actual person or event.” Never the less, regular viewers recognize recent story lines “ripped from the headlines” on a regular basis. We can reliably predict, the “Trump indicted by New York Grand Jury; becomes the first U.S. President in history to be prosecuted” headline, will soon spark future crime-time episodes.

MAGA World quickly pounced on Manhattan D.A. Alvin Bragg as being, nasty, on a vendetta, a pawn of George Soros, a racist, an animal and above all, a political tool. Some on the left believe he should have waited his turn on the Trump indictment train, but they fail to appreciate the element of statute of limitations.

How often have we faithfully followed story lines from our favorite crime shows, depicting serial (killers- rapists- drug kings -abusers etc. etc.) continued week after week, with the investigative authorities assembling an elaborate white board of circumstantial evidence, but unable to quite convince the D.A. / prosecutor to bring charges on the most serious violations, before the legal clock runs out. They’re convinced the career criminal is as guilty as sin but can’t quite close the deal. That’s when they must, by hook or crook, charge the bastards with any even minor infraction, in order to take them off the streets, before they can continue their carnage and mayhem. And then just when we think all is lost, they uncover the smoking gun, the final nail in the coffin that will put them away for life.

During his half century plus of life in New York and then in the White House, Trump seems to have left no criminal enterprise untapped. Insurrection and attempts to overthrow American Democracy, conspiring with a foreign enemy during his campaigns, theft of confidential government documents, business and bank fraud, tax evasion, money laundering, obstruction of justice in multiple cases, witness intimidation, bribery, campaign violations, perjury, sexual assault, violations with his school and charities, real estate discrimination, slander etc. etc. are just some of allegations leveled against Trump and his various business enterprises. There’s no doubt a list of crimes they haven’t discovered yet.

In the Trump Organization trial, two entities were found guilty by a jury in December of a combined 17 counts related to criminal tax fraud. They were fined the maximum allowed. And his CFO Allen Weisselberg, who is currently incarcerated in New York City’s Rikers Island jail, entered a guilty plea last year and admitted to receiving more than $1.7 million in untaxed compensation. Who can forget all the fines for Trump family financial malfeasance. And who can forget all the Trump miscreants, cronies and conspirators who were hired, fired, indicted, convicted, jailed and utterly defamed.

D.A. Bragg campaigned and won his election on a platform of fairness and equity in the system of justice he’s now responsible for. He pledged to turn the page on a two tier system of justice. Both the right and the left forget that New York, New York is at the top of the list of world class banking, business and financial centers of the world. Trump and his enterprises have been a constant assault against and black eye for that reputation. Enough is enough they said.

After a two year long investigation of Trump and all of his Inc’s, they believe they have the goods and will attempt to take them off the streets of New York forever. Rumors are the good citizen street sweepers of New York have found at least 30 criminal count violations this serial criminal is guilty of. MAGA members of congress cry political persecution, and threaten to tar and feather D.A Bragg, without even seeing the sealed indictment.

Who is Manhattan DA Alvin Bragg?

The cast of Presidential contenders, previously Trump enablers, often critics, and then turned demonizers, and now turned staunch defenders can’t figure out whether to pee their pants , pray for Trump, or go dumb. Lindsey Graham, Mike Pence, DeSantis and others, must bow to the MAGA monster Trump unleased and which they and others glorified and anointed. The MAGA faithful will not be denied their perceived grievances’.

The Benghazi wing of the Republi-con House of Representatives spends their waking hours trying to out Trumpit their outraged colleagues. They have no one to blame for tomorrows karmatic political awakening but their own cowardice. They turned a blind eye to their twice impeached President’s unending assault on our American Democratic Institutions.

Trump’s entourage leaves South Florida today on a journey most American believe is long overdue. Who knows what happens when he lands in Manhattan. Too many in the MAGA cult hierarchy pray for violence and chaos. Lindsey Graham was particularly apoplectic: “They are trying to drain him dry. He’s spent more money on lawyers than most people spent on campaigns. They’re trying to bleed him dry. Donald J. Trump dot com. Go tonight. Give the president some money to fight this bullshit! This is going to destroy America!”

Wow, that’s richy rich! No doubt Trump has spent more on lawyers (billed but probably not paid) than any single entity by far, but that’s because not only is he allegedly the head of the most complex criminal enterprise in American History, legal warfare is also his primary modus operandi. Sooner or later, some news organization will attempt to add up the cost to all Federal and State Governments and to various businesses and individuals, for them to rein in and take to task, Trump Inc. and his many conspirators and enablers in congress. I’m guessing the bill is closing in on a billion dollars. This is not your Grandfathers conservative, penny pinching GOP.

Trump will try to blame everyone in sight for his legal predicaments, including D.A. Alvin Bragg and his team of prosecutors, Judge Juan Merchan , who will oversee his case, the New Yorkers who indicted him, and probably the jury of his peers who will convict him. But Trump has no one to blame but his own egomaniacal self. His rein of amateurish governing Apprenticeship is being recorded in history, as we speak, as the very biggest prime time “Loser” to ever occupy the White House.

But the biggest blame must be laid at the feet of the MAGA base of nationalistic, racist, misogynistic, anti-Semitic, homophobic, anti government, anti Democratic bomb throwers. They seriously need to ask themselves what kind of a country they want to live in. Some seriously think Vladimir Putin is a better leader than Joe Biden. And that Russia and the autocratic Kremlin leaders promise a more agreeable way of life. Most of the civilized world would disagree. And since Putin unleashed a campaign of war crimes and genocide by invading their peaceful Democratic neighbor Ukraine, more than a million Russian citizens have fled the country; and still many more are trying. And as the MAGA crowd likes to point out on a daily basis, millions of folks flock to our Southern border and now to our Northern border trying to become part of this American Democratic Experience.

American’s need to allow our Justice System protect it’s citizens from serial evildoers. Serial bizzaro man, Lindsey Graham pleads with the MAGA faithful to quickly send in their rent and utility money, so billionaire Trump can mount a legal defense, and also suggests “How can President Trump avoid prosecution in New York?,” asked Graham. “On the way to the DA’s office on Tuesday, Trump should smash some windows, rob a few shops and punch a cop.” MAGA World responded with donations of $5 million within 48 hours.

I don’t believe there’s a single, reputable Fortune 50, 100, 500, 50,000 or any mom and pop business anywhere, who would employ Trump, or pay him any amount, to do any job. Isn’t there an ethical, and reasonable, true conservative Republican anywhere in America that this toxic MAGA crowd would nominate to represent the party?

This sad state of our political climate clearly represents how low, the once “Law and Order” Republican party, has sunk. Heaven help us.

What Trump risks if he keeps talking about the judge in his N.Y. criminal case

NBC News

What Trump risks if he keeps talking about the judge in his N.Y. criminal case

The former president has suggested Judge Juan Merchan is biased, and referred to District Attorney Alvin Bragg as an “animal.” Could the court limit his ability to speak about the case?

By Laura Jarrett – April 3, 2023

Former President Donald Trump onboard his airplane as he is flown to Iowa on March 13, 2023.
Former President Donald Trump onboard his airplane as he is flown to Iowa on March 13. Jabin Botsford / The Washington Post via Getty Images file

For days, former President Donald Trump has been on a tear on social media, railing against District Attorney Alvin Bragg’s hush money investigation, his former lawyer Michael Cohen, prosecutors and, more recently, the judge presiding over the historic case.

Without evidence, he’s referred to Judge Juan Merchan as “Trump Hating” and suggested that Merchan was “handpicked” by Bragg. In an interview Sunday on ABC’s “This Week,” Trump’s lawyer, Joe Tacopina, was asked about the attacks and whether he believes the judge harbors any slant.

“No, I don’t believe the judge is biased. I mean, the president is entitled to his own opinion,” Tacopina said.

Trump has referred to Bragg as an “animal” in a post on his social media platform, Truth Social. In an earlier Truth Social post, he appears to have shared an article that included an image of him wielding a baseball bat juxtaposed next to an image of Bragg’s head. That post was deleted.

All defendants have a right to vigorously defend their innocence, but Trump can’t threaten the prosecutor without risking other legal charges under New York law. The judge could also issue a gag order to prevent Trump or his attorneys from speaking publicly about the case.

NBC News spoke with former prosecutors about how and when a judge might limit speech about a case.

What’s a “gag order?”

A gag order is a judicially imposed order restricting parties, attorneys and/or witnesses in a pending case from making any public statements about it. The standard courts look to is whether such statements have a “reasonable likelihood” of possibly preventing a fair trial.

Merchan could issue one himself, or do so at the request of either side, but former prosecutors say they are not used frequently in New York. It’s up to the judge to craft the order as narrowly as possible to protect free speech rights, while at the same time preserving the defendant’s right to a fair trial. Often a defendant’s attorney will request that a judge issue one — whereas in this case, it’s Trump own statements that have fueled speculation about whether Merchan will issue one. 

The fact that Trump is running for public office raises the stakes and puts any restriction on his First Amendment rights in sharper view, but Robert C. Gottlieb, a former assistant district attorney in Manhattan, said that shouldn’t matter.

“He’s no different than anyone else,” said Gottlieb of Trump, noting that while one cannot ignore the political implications of the case, “that does not give him [Trump] more rights to influence jurors or to threaten or incite violence. In that courtroom, he is only a defendant.”

Gottlieb also pointed to ethical rules prohibiting Trump’s attorneys from making public statements intended to prejudice the jury pool or influence the outcome of the trial.

What’s the likelihood of the judge imposing one here?

Other former prosecutors are more skeptical that a gag issue will be issued at Tuesday’s arraignment based on Trump’s social media posts thus far.

“I think it would be challenging to do it out of the box,” said Daniel Horwitz, another former assistant district attorney in the Manhattan District Attorney’s Office, now in private practice. “There usually has to be a predicate for it.”

Horwitz suggested it’s more likely that Merchan will issue a warning to everyone in court Tuesday and set some “ground rules,” essentially putting Trump on notice that if he talks, “he does it at his peril.”

Gottlieb has appeared before Merchan and agreed that, at minimum, the judge will make a record of what Trump has said about the case thus far, and admonish him against making any statements that could influence the jurors.

“I cannot believe that it won’t be addressed,” said Gottlieb. “You can’t ignore what has happened.”

Even if the judge opts not to impose a gag order, former District Attorney Cy Vance, who immediately preceded Bragg, noted that Trump risks violating other laws if he continues to make statements about the case.

“There is a crime. That’s called obstructing governmental administration under New York law,” Vance said on MSNBC’s “Inside with Jen Psaki” on Sunday, explaining that it would involve efforts to intimidate a public official. “[I]f I were Mr. Trump’s lawyer I would tell him to knock it off because it’s not going to help him with the judge and if it is charged, that’s not going to help him with a jury.”

Meet the judge presiding over Trump’s criminal arraignment

CNN – Politics

Meet the judge presiding over Trump’s criminal arraignment

By Sydney Kashiwaga – April 2, 2023

Judge Juan Merchan

When Donald Trump enters a New York courtroom on Tuesday, he’ll face a seasoned judge who is no stranger to the former president’s orbit.

Acting New York Supreme Court Judge Juan Merchan has sentenced Trump’s close confident Allen Weisselberg to prison, presided over the Trump Organization tax fraud trial and overseen former adviser Steve Bannon’s criminal fraud case.

But Trump’s historic arraignment on Tuesday will perhaps be Merchan’s most high-profile case to date, even after a long career atop the state-level trial court.

Merchan has been described by observers as a “tough” judge, yet one who is fair, no matter who is before him.

Here’s what you need to know.

“A man of his word’

Trump’s arraignment is likely to be a spectacle with a show of law enforcement and with the former president already fanning the flames on social media with his views on Merchan and his indictment.

But in the courthouse, Merchan does not stand for disruptions or delays, attorneys who have appeared before him told CNN, and he’s known to maintain control of his courtroom even when his cases draw considerable attention.

“Judge Merchan was efficient, practical, and listened carefully to what I had to say,” Nicholas Gravante, the attorney who represented Weisselberg in his plea, said via email.

“He was clear in signaling his judicial inclinations, which helped me tremendously in giving Mr. Weisselberg informed legal advice. Judge Merchan was always well-prepared, accessible, and – most importantly in the Weisselberg matter – a man of his word. He treated me and my colleagues with the utmost respect, both in open court and behind closed doors.”

Karen Friedman Agnifilo, a private practice attorney who previously worked as the chief assistant district attorney in the Manhattan District Attorney’s Office, supervising cases Merchan presided over, echoed that sentiment.

“[Merchan] doesn’t let the prosecutors or the defendants create any issues in his courtroom. He doesn’t let a media circus or any other kind of circus happen. I don’t think Donald Trump attacking him and threatening him is going to bode very well for him in the courtroom,” Agnifilo said.

“The judge is the kind of judge where he will ignore it and not hold it against Donald Trump. He’s not vindictive in any way like that.”

‘Tough’ but ‘compassionate’

Merchan showed some of his tough side when Weisselberg was sentenced, telling the former Trump associate that if he had not already promised him a five-month sentence, he would have handed him a “much greater” sentence after having listened to evidence at trial.

When he presided over Bannon’s criminal fraud case, Merchan chastised the former Trump aide’s new team of attorneys for delaying the case when they asked for more time to review new evidence.

In addition to the Trump cases, Merchan has also presided over other high-profile cases, including the “soccer mom madam” trial, in which he set a $2 million bond for suburban mom Anna Gristina, who was charged with running a $2,000-an-hour escort service for the wealthy, Bloomberg News reported.

Merchan also handed a 25-years-to-life sentence to a Senegalese man who raped and murdered his girlfriend.

Trump attorney Timothy Parlatore said during an interview Friday on CNN that Merchan was “not easy” on him when he tried a case before him, but echoed that the judge likely will be fair.

“I’ve tried a case in front of him before. He could be tough. I don’t think it’s necessarily going to be something that’s going to change his ability to evaluate the facts and the law in this case,” Parlatore said.

Merchan, however, is also credited by his peers for having helped create the Manhattan Mental Health Court, which he often presides over and where he has earned a reputation for “compassionate” rulings that give defendants second chances.

“I watched a colleague of mine try a shooting case where someone got shot, so he’s able to try those very serious violent crimes and then switch,” said Brendan Tracy, a criminal defense attorney who previously served as an assistant district attorney in the Manhattan District Attorney’s Office.

“Maybe someone who was a serial shoplifter and then charged with grand larceny and is in mental health treatment court because they had mental health issues, he was able to handle the wide range of cases and do them all fairly,” Tracy added.

Still, Earl Ward, a trial attorney and chair of public defender nonprofit The Bronx Defenders, said that having watched Merchan preside over cases in the Mental Health Court, the judge often sided with prosecutors.

“He’s fair and his rulings are consistent with the law, but if it’s a close call, his reputation is that he lands on the prosecution’s side,” Ward said.

Early career

Merchan launched his legal career in 1994 when he started off as an assistant district attorney in the trial division in the Manhattan District Attorney’s Office. Several years later, he moved on to the state attorney general’s office, where he worked on cases in Long Island.

In 2006, New York Mayor Michael Bloomberg, then a Republican, appointed Merchan to Family Court in the Bronx, and Democratic Gov. David Paterson appointed him to the New York State Court of Claims in 2009, the same year he began serving as an acting New York Supreme Court Judge.

Born in Bogotá, Colombia, Merchan emigrated to the United States at the age of 6 and grew up in the New York City neighborhood of Jackson Heights, Queens, according to a New York Times profile of the judge. He was the first in his family to go to college.

Merchan initially studied business at Baruch College in New York before he dropped out of school to go work only to return several years later to finish school so that he could get his law degree, the Times reported.

He eventually received his law degree from Hofstra University.

CNN’s Kara Scannell and Lauren del Valle contributed to this report.

Related:

NPR – Law

What to know about Juan Merchan, the judge overseeing Trump’s criminal case

Joe Hernandez – April 2, 2023

Manhattan Criminal Court is seen in New York on Friday.Yuki Iwamura/AP

Now that former President Donald Trump has been indicted by a Manhattan grand jury in connection to a hush-money payment made to adult film actress Stormy Daniels in 2016, attention will no doubt turn to his arraignment and potential trial.

The judge handling the unusual and historic case is Juan Manuel Merchan, a veteran of the New York court system who has spent more than 15 years on the bench and is no stranger to high-profile prosecutions — particularly those involving Trump and his associates.

This is perhaps Merchan’s most noteworthy case yet, as it’s the first time that a former U.S. president has ever been charged with a crime.

Trump, who denies any wrongdoing, is expected to appear in a Manhattan courtroom on Tuesday for his arraignment.

The former president has already aired his opinion about the judge presiding over his case, saying in a post on Truth Social last week that Merchan “hates me” and that the judge “railroaded” Trump’s former chief financial officer into pleading guilty in a tax fraud case.

Merchan has overseen other cases related to Trump

Last year, Merchan oversaw the closely watched criminal tax fraud case against Trump’s company, which was ultimately found guilty by a Manhattan jury. Trump himself was not a defendant in that case.

Two business entities controlled by Trump were found guilty of 17 counts of tax fraud and falsifying business records and were ordered to pay the maximum penalty of $1.61 million.

During the proceedings, Merchan shut down the suggestion from the Trump Organization’s legal team that the case was a politically motivated prosecution against the former president and told attorneys to focus on the specific charges, CBS News reported.

“I will not allow you in any way to bring up a selective prosecution claim, or claim this is some sort of novel prosecution,” Merchan said.

Former Trump Organization chief financial officer Allen Weisselberg pleaded guilty in the case and served as a star witness for the prosecution. Merchan sentenced him to five months in prison, and the judge said he would have handed down a harsher sentence if he hadn’t already agreed to the plea deal, Politico reported.

Merchan is also overseeing a criminal case against former Trump aide Steve Bannon, who’s facing fraud and money laundering charges related to a former charity that promised to help build a wall along the U.S.-Mexico border. Bannon has pleaded not guilty.

Merchan is a veteran of the New York legal system

According to the New York Law Journal, Merchan has been an acting justice of the New York Supreme Court since 2009.Sponsor Message

“He’s a serious jurist, smart and even tempered,” Manhattan defense attorney Ron Kuby told NBC News. “He’s not one of those judges who yells at lawyers, and is characterized as a no-nonsense judge. But he’s always in control of the courtroom.”

Karen Friedman Agnifilo, a lawyer who previously worked in the Manhattan District Attorney’s Office supervising cases Merchan oversaw, told CNN that Trump likely wouldn’t help his case by publicly criticizing the judge.

Merchan “doesn’t let the prosecutors or the defendants create any issues in his courtroom. He doesn’t let a media circus or any other kind of circus happen. I don’t think Donald Trump attacking him and threatening him is going to bode very well for him in the courtroom,” Agnifilo said.

“The judge is the kind of judge where he will ignore it and not hold it against Donald Trump. He’s not vindictive in any way like that.”

Merchan was previously a family court judge, a New York assistant attorney general and an assistant district attorney for New York County.

He graduated from Baruch College in 1990 and earned his law degree from Hofstra University in 1994.