All posts by Dr. ESP

The Truth and Consequences

Media

Like many anxious Americans, I spent much of this past week flipping between MSNBC and CNN looking for the best coverage of the Trump falsified business records/hush money/election interference trial.  MSNBC provided the best analysis with its stable of experienced former prosecutors and defense lawyers including Lisa Rubin, Neal Katyal, Harry Littman, Joyce Vance and Barbara McQuade.  However, the quality of their coverage depended on a full house of distinguished attorneys and journalists, who not only knew the law, but knew how Donald Trump responds to it.  Andrew Weissman, lead investigator for special counsel Robert Mueller.  New York Times investigative reporter Susanne Craig, who shared a Pulitzer Prize, with two colleagues, for their coverage of Trump’s finances including the fact he paid a total of $750 in federal income taxes in 2016 and paid none in 10 of the 15 previous years.  Tristan Snell, a former New York state assistant attorney general, who lead the successful prosecution of Trump University which resulted in a $25 million settlement to the enrollees he defrauded.

The MSNBC coup d’état was snagging Lachlan Cartwright, the assistant editor at the National Enquirer during the period publisher David Pecker and editor Dylan Howard, in his words, “…transformed the grocery store tabloid into a criminal enterprise.”  He wrote a detailed memoir of his time at the National Enquirer in an April 2024 New York Times Magazine article “What I Saw Working at the National Enquirer during Donald Trump’s Rise.”  On Friday’s edition of “Deadline White House with Nicolle Wallace,” Cartwright revealed he was the source who provided information for the November 4, 2016 Wall Street Journal article, “National Enquirer Shielded Donald Trump from Playboy Model’s Affair Allegation,” which first exposed the “catch and kill” conspiracy.

Where CNN excelled was in the most up-to-date blogging of testimony from the overflow room at the courthouse.  (NOTE TO MSNBC HR:  Hire faster typists.) Moreover, CNN anchors, before analyzing the testimony, read the blogs as they came in, which proved indispensable for SiriusXM listeners who could not see the running dialogue on a sidebar.

For my regular followers, do not worry.  I am not planning to become a full time media critic.  As always, my goal is to find the story that everyone missed or got wrong.  In this case, it was the propensity of reporters and pundits on all of the media outlets to downplay the importance of this trial.  I realized how ludicrous this was when MSNBC legal analyst Danny Cevallos described how he thought trial judge Juan Merchan might calculate appropriate punishment for the crimes committed.  He tried to explain how this was different from most false business records cases because the crime is usually tied to some monetary benefit (e.g. inflating value of an asset or tax evasion).  At which point, he said something that struck a nerve.  I do not have the transcript so I can only paraphrase.  Cevallos suggested there were no victims other than the voters because no individuals lost money as result of the conspiracy.  And the consequences of the January 6 trial and the classified records trial are more apparent and serious.

Sorry Danny.  You can only reach that conclusion, if you do not look hard enough.  I would argue this crime was the most consequential of any of the charges against Trump.   Why? The violent insurrection failed and Joe Biden was sworn in as president two weeks later.  He may have pressured Georgia election officials to change the vote count, but, in the end, he failed to get the state’s electoral votes.  The on-going investigation of the documents case may reveal more serious crimes based on who may or may not have been given access, but Trump is certainly under constant scrutiny to ensure he can do no further damage.

In this case, despite being found guilty, the conspiracy worked.  He became president of the United States.  He appointed three individuals to life-time appointments to the Supreme Court who perjured themselves before the Senate Judiciary Committee when asked about the legal precedent of Roe v. Wade.  Danny, do you think nobody has suffered monetarily from the Dobbs decision?  Or there is no financial element to the Court’s consistent judgments in favor of business over labor.

And how about the non-monetary consequences?  Do you think it makes no difference when individuals are denied a constitutional right when the Court dilutes minority voting power based on Supreme Court decisions nullifying the Voting Rights Act and refuses to acknowledge racial gerrymandering?

What about the hardship for families and friends of the 250,000 individuals who died of COVID during Trump’s last year in office when, in March 2020, Donald Trump told Americans there was nothing to worry about despite telling Bob Woodrow the opposite in two months earlier?  And how about the financial stress of those still suffering from long-COVID because of a man whose criminal behavior may have made the difference in the outcome of the 2016 election?

Are there no consequences when he gave away millions of dollars in federal revenue through tax cuts he lied would pay for themselves?  Instead, he added eight trillion dollars to the national debt.  Again Danny, do you really think there are no monetary consequences to the higher interest rates resulting from that gift to the “one percent” and major corporations?

Danny, I could go on and on about the monetary and non-monetary damages caused by this convicted felon, but hopefully you now see the whole picture.  This was the MOST consequential of all the charges against Trump when it comes to impact. 

Though I doubt it will make a difference, the public can send letters to Judge Merchan which will be part of the sentencing input.  I will be submitting a version of this blog for his consideration and urge others, especially if you have evidence that you have suffered from having a truly illegitimate president in the Oval Office.  Address your correspondence to: 

The Honorable Juan M. Merchan
Supreme Court of the State of New York
100 Centre Street
New York, NY  10013

NOTE: You know who got it right?  That liar, cheat and thief Michael Cohen.  In his first interview following the guilty verdict, Cohen urged listeners “not to handicap this trial against the others as if it was a horse race.”  His point, each of Donald Trump’s crimes have serious consequences. 

All you have to do is look.

For what it’s worth.
Dr. ESP

 

A De Niro Moment

Politics

Joe Biden’s campaign has been taking some heat for sponsoring Tuesday’s appearance outside the scene of Donald Trump’s trial by Robert De Niro and police officers who were assaulted by Trump supporters on January 6, 2021.  Yesterday morning, Anand Giridharadas, publisher of the online news service The.Ink, came to the campaign’s and actor’s defense.  He explained how the Donald Trump’s daily comments about his trial was what he called “making meaning” of the proceeding, creating a pre-verdict narrative of prosecution and victimhood.  Giridharadas then pivoted to Democrats’ frustration about their failure to get their message across to voters which he blamed on the campaign’s lack of a clear narrative.

Who better than an actor to engage an audience with a Marvel Universe-like script where the future is at stake due to the efforts of a political Thanos who will do anything to vanquish his enemies and consolidate power under his control.  On Tuesday, De Niro delivered the prologue to that screenplay, describing Trump as a two-bit wannabe dictator who will bully his way to power, if we let him.

We New Yorkers used to tolerate him when he was just another crappy real estate hustler masquerading as a big shot. I love this city. I don’t want to destroy it. Donald Trump wants to destroy not only the city but the country, and, eventually, he could destroy the world.

There is evidence the De Niro’s presence had the desired effect.  The event was covered by entertain news outlets such as “TMZ” and “Hollywood Tonight” which normally do not feature Biden campaign events.  Moreover, it put Trump on the defensive.  In the middle of closing arguments in his election interference trial, Trump found time to post the following on Truth Social.

I never knew how small, both mentally and physically, Wacko Former Actor Robert De Niro was. Today, De Niro, who suffers from an incurable case of TRUMP DERANGEMENT SYNDROME, commonly known in the medical community as TDS, was met, outside the Courthouse, with a force far greater than the Radical Left – MAGA. 

His response, as hoped, reminded non-MAGA conservatives that all he cares about is himself and a movement that is no longer the party of Abraham Lincoln or Ronald Reagan.  However, one scene does not translate into a compelling narrative.  It has to be reinforced.  And yet, the campaign does not take advantage of the wealth of material Trump gifts them.  Consider the following example.

On the same day De Niro, et. al., appeared outside the Manhattan courthouse Trump took to Truth Social to endorse MAGA candidate John McGuire, who is challenging House Freedom Caucus chair Bob Good in the GOP primary for Representative Good’s seat.

Bob Good is BAD FOR VIRGINIA, AND BAD FOR THE USA. He turned his back on our incredible movement, and was constantly attacking and fighting me until recently, when he gave a warm and ‘loving’ Endorsement – But really, it was too late.

What was Good’s crime?  He endorsed Ron DeSantis for the Republican nomination for president. However, a la Nikki Haley, Ted Cruz, Mitch McConnell and every other spineless member of the Trump cult, Good genuflected before the MAGA god including an appearance with the blue suit, red tie brigade two weeks earlier at Trump’s trial.

Although I ultimately decided not to throw my hat in the ring for election to the House of Representatives from Florida’s 4th District, I still wake up most mornings thinking about the message I would post.  Here is the my imagined response to Trump’s conviction.

Last night, our incumbent congressman Aaron Bean posted the following on Twitter/X.

STATEMENT ON TRUMP VERDICT: The unprecedented and retaliatory verdict out of New York today was a travesty of justice, plain and simple. This was not a declaration of guilt or indicative of the evidence or the case presented. This was an attempt to derail the election of President Trump in November, and it will not work! We will fight this, and President Trump will have the ultimate verdict in November!

Since the day of Trump’s first indictment, he and sycophants like Aaron have been telling you that Donald Trump is the only thing between you and the deep state which has you next on their list.  Let me ask you a couple of questions.  How many of you have been indicted for having a marital affair?  How many of you have had your homes raided by the FBI?  How many of you have had armed IRS agents raid your home?  I’m pretty sure the answer is ZERO.  And allow me to suggest why.  Because none of you falsified business records to cover up payments to the person with whom you violated your marriage vows.  Because none of you are illegally holding on to classified documents.  Because there are no armed IRS agents out in the field.  If I am your congressman, if there ever was an instance in which the “deep state,” regardless of who was in the White House, violated your rights to privacy and protections under the Constitution, I would make sure there was an investigation and if there was wrongdoing, I would make sure the responsible individuals were held accountable.  However, for 240 years, from 1776 to 2016, no congressman needed to make that pledge because the topic never came up before. But Trump wants you to be scared of something that has never happened before.

Do you honestly believe Donald Trump thinks he needs commission of an actual crime to come after someone?  Based on Trump’s choice to endorse Bob Good’s challenger, even after Good skipped a session of Congress to help Trump circumvent Judge Merchan’s gag order, you now know it is Donald Trump and Aaron Bean who are more likely to turn on you, than it is for the FBI, IRS or any other imaginary enemy in the “deep state.”  Good turned his back on the MAGA movement only if believe Ron DeSantis never ran for governor or president as the post-Trump leader of the MAGA movement.  Which you know is not true.  Therefore, the only thing Good turned his back on was Trump.  For him, that is an unforgiveable crime.

For things I have written about Trump, I assume I am on his retribution list.  If you support the MAGA platform or currently plan to vote for Trump in November, you probably assume you are NOT.  But guess what.  So did Bob Good.

Every Democratic candidate for office this election cycle needs to realize, as marketing guru Donny Deutsch reminded us this morning, the Trump brand took a big hit yesterday.  He is now branded as a convicted felon.  Twelve ordinary citizens proved he is no longer invincible.  And he now holds a place of honor in the “Loser Hall of Fame.”  He has been exposed as a business fraud.  He was held liable in civil court for sexual assault and defamation.  After he became the titular head of the MAGA dominated GOP in November 2016, they have lost majorities in the House, Senate several state legislatures as well as governorships.  And now he has proven beyond a reasonable doubt to be guilty of 34 felonies.

Reinforce that message every day, a la Robert De Niro, to “make meaning” of Trump’s behavior and words.

For What It’s Worth.
Dr. ESP

The Fixer

Culture, Politics

For three hours, yesterday morning, Donald Trump’s defense attorney Todd Blanche argued that Michael Cohen, a self-admitted liar, tax evader and thief is not the reformed citizen the district attorney of New York wants the jury to believe.  Joshua Steinglass, who presented the People’s closing argument, rebutted this assumption when he reminded the jurors:

He had a legal title, but he wasn’t in the Trump Organization legal department. He didn’t answer to the general counsel, he answered to the defendant directly, He got the jobs no one else wanted. The jobs that the defendant wanted to keep quiet.

We didn’t choose Michael Cohen to be our witness. We didn’t pick him up at the witness store. The defendant chose Michael Cohen as his fixer because he was willing to lie and cheat on his behalf.

What Steinglass could have said, but probably chose not to because an immediate defense objection would likely be sustained by Judge Juan Merchan, was evidence throughout the trial that Cohen had been replaced as Trump’s “Mini-Me” by none other than (drum roll) Todd Blanche. Consider the following when Blanche took a page from his client’s playbook, projecting his own behavior on Cohen.  At the end of his closing statement, Blanche ticked off the many times Cohen had lied.  Then he suggested Cohen was still lying, loudly accusing Cohen, syllable by syllable, of “per-ju-ry.”

However, Blanche’s role as the latest in a long line of Trump fixers was evident from day one of the trial.  In his opening statement, Blanche claimed Trump never had a sexual encounter with Stormy Daniels.  Yet, provided no evidence to substantiate this highly suspicious assertion.  Trump no longer needed Cohen or Hope Hicks to “deny, deny, deny!”  He now had Todd Blanche.

Again, with no evidence, Blanche argued that the payments to Cohen were for legal services, despite the fact the transaction was listed in a footnote to Trump’s 2017 financial disclosure statement as follows.

In the interest of transparency, while not required to be disclosed as “reportable liabilities” on Part 8, in 2016 expenses were incurred by one of Donald J. Trump’s attorneys, Michael Cohen. Mr. Cohen sought reimbursement of those expenses and Mr. Trump fully reimbursed Mr. Cohen in 2017. The category of value would be $100,001 – $250,000 and the interest rate would be zero.

We now know, based on Trump Organization’s CFO Allen Weisselberg’s handwritten notes, this “transparent” statement was false since the value of the transaction was actually $420,000, not in the range listed in the footnote.

More direct evidence came from the defendant himself.  In a May 3, 2018 tweet, Trump wrote:

Mr. Cohen, an attorney, received a monthly retainer, not from the campaign and having nothing to do with the campaign, from which he entered into, through reimbursement (my emphasis), a private contract between two parties, known as a non-disclosure agreement, or NDA.

Blanche later proved his client demanded more of his fixer than simply lying.  He also had to cheat in service to his client.  And cheat he did during the trial.  His first defense witness was a paralegal who had constructed an Excel spreadsheet of phone records between Cohen and attorney Robert Costello even though the actual phone records were available.  Blanche used the reconstructed data to claim there had been over 75 calls between Cohen and Costello.  However, during cross-examination the paralegal admitted he did not differentiate between calls in which the two actually conversed versus those that went directly to voicemail, resulting in double-counting the number of actual conversations.

But best evidence of Blanche’s willingness to do anything for his client came in his closing statement when he told the jury, “You cannot send someone to prison, you cannot convict somebody based upon the words of Michael Cohen.”  During the next break, Judge Merchan reprimanded Blanche for a clear violation of the rules which forbid attorneys from addressing potential sentencing.

You know that making a comment like that is highly inappropriate. It is simply not allowed. Period. It’s hard for me to imagine that was accidental in any way,

When the jury re-entered the courtroom, Merchan provided the following curative instruction.

In the defense summation, Mr. (Todd) Blanche asked in substance that you not send the defendant to prison. That comment was improper and you must disregard it. In your deliberations, you may not discuss, consider or even speculate as to matters related to sentence or punishment.

Merchan considered this violation so egregious, he added an addendum to the standard jury charge this morning reminding jurors they “may not speculate about matters related to sentence or punishment,” that being the the purview of the judge.

There is a quote about legal strategy attributed to Carl Sandburg. “If the facts are against you, argue the law. If the law is against you, argue the facts. If the law and the facts are against you, pound the table and yell like hell.”  That may still be true in most cases.  However, if your client is Donald Trump, Sandburg might add, “If that is not enough, lie and cheat.  That is what your client demands of his fixer.”

Michael Cohen served as Trump’s fixer for 10 years.  But not in Judge Merchan’s courtroom.  That title now belongs to Todd Blanche. The only remaining question is whether Blanche will one day be on a witness stand being vilified by a future Trump fixer for things he did in service of Mr. Trump.

For what it’s worth.
Dr. ESP

Celebrity Apprentice 2024

Media

Just when you thought there was no room for another classic television series reboot, Americans were “treated” to a revival of the Celebrity Apprentice.  Hosted by New York supreme court judge Juan Merchan, the format called for a series of Donald Trump associates to compete to see who best emulated the show’s namesake and original apprentice, who perfected his business and political skills at the altar of former Al Capone and Joe McCarthy attorney Roy Cohn.  Instead of Trump family members and Trump Organization executives, the judges consisted of a panel of 12 anonymous New Yorkers.

The following is a recap of the presentations made by each of the losing contestants.

  • American Media, Inc. president David Pecker.  Mr. Pecker wanted the judges to know how much he owed his own behavior to Trump’s tutelage, referring to him as “my mentor.”  Where else would he learn to create fake magazine covers than the man you adorned his office with manufactured Time “Man of the Year” awards?
  • Campaign and White House staffer Hope Hicks.  Ms. Hicks demonstrated how she had effectively mastered the “Trump Backtrack.”  Once Hicks realized she had bolstered the prosecution’s case by tying the Stormy Daniels payment to the 2016 election, she made a point to describe how Trump asked that newspapers that featured release of the Access Hollywood tape be banned from his Trump Tower residence, as if that would shield Melania from the on-coming firestorm.
  • Adult film star Stormy Daniels.  Trump’s lawyers, referencing Ms. Daniels’ “Make America Horny Again” strip club tour, books and anti-Trump merchandise, accused her of using the alleged affair to make money.  To which, she pulled the Trump “both sides do it” argument out of her hat.  When defense lawyer Susan Necheles asked Daniels about “an online store where you sell merchandise,” she replied, “Not unlike Mr. Trump.”
  • Defense witness and attorney Robert Costello. Mr. Costello chose one of Trump’s favorite distractions to make his case.  Throw everything against the wall and hope something sticks.  First, he demonstrated distain for the process.  Then he cherry-picked evidence, especially emails.  Under direct questioning, he felt no need to elaborate, claiming, “The emails speak for themselves.”  Finally, he likely committed perjury, testifying that his sole interest was to help Cohen navigate his legal problems. However, when other emails totally undermined his previous testimony, he adopted the Trump/Emily Litella defense, “Never mind.”

As we always knew, none of these also-rans had a chance against Trump Organization attorney and fixer Michael Cohen.  He had an insurmountable advantage, ten years with the Donald to hone his Trump-like bag of tricks which included.

  • Lying.
  • Tax evasion.
  • Bullying and threatening Trump adversaries.

However, the creme de la creme was revealed during cross-examination when Mr. Cohen admitted he had underpaid a contractor (Red Finch IT Consulting) and pocketed the difference because he felt entitled to it.  What could possibly be more Trumpian than that?  And but for the fact Cohen flipped on Trump, you can imagine the latter telling his protégé, “I’m proud of you boy.  Thanks for being the son I never had.”

POSTSCRIPT:  Minor League Justice

Watching cable news coverage of the trial took me back to my childhood.  I received my first transistor radio for my 10th birthday.  At bedtime, I would listen to baseball games featuring our hometown AAA Richmond Virginians, a Yankees farm team.  Due to budget constraints, the announcers did not attend away games.  Instead, they called the game based on teletype updates.  Crowd noise and the crack of a ball against a bat were added to the illusion the broadcast team was actually in attendance.

Coverage of the Trump trial was a throwback to those days.  Although the technology was more sophisticated, the underlying process remained the same.  Someone in the overflow room would transcribe the testimony, post it to the news anchors who then did their best to take the viewer “inside the courtroom.”

To complete this illusion, all MSNBC and CNN needed was background noise consisting of the defendant’s rustling papers, snoring and an occasional fart.

For what it’s worth.
Dr. ESP

S5E9 The Porn Star

Culture, Media, Politics

If it did not already exist, my next book would be All I Really Needed to Know I Learned Watching Seinfeld: Or how the second button literally makes or breaks the shirt (Carlos Nicco/2014).  This was never more true than this week when I realized how Season 5/Episode 9: The Masseuse explains Donald Trump’s mindset during his 2006 encounter with Stormy Daniels.

The November 18, 1993 edition of the “show about nothing” stars a young and almost unrecognizable Jennifer Coolidge as Jodi, a professional masseuse.  Her and Seinfeld’s physical relationship is good with one exception.  Jerry is obsessed with her giving him a massage.  However, Jodi’s reluctance sends a clear message.  Just because she is a masseuse does not mean every man should expect she is a easy mark for a little back rubbing.  Sound familiar?

The following is a verbatim excerpt of “The Masseuse” script.  Jodi is supposedly meeting Jerry for a dinner date.  Only the names and location have been altered.

[setting: Tahoe Hotel Penthouse Suite]

(Donald is opening the door for Stormy. New age music is playing, and the lights are shaded)

STORMY: Hey.

DONALD: Hi.

STORMY: Hi. (kissing) I was running late and I didn’t have a chance to drop off my stuff before I came over.

DONALD: Ah, no problem. That’s fine.

STORMY: What’s with this music?

DONALD: That’s new age music. Sounds of the forest. I find it soothing. Hey, look at this! What do you know? A massage table! This is great! (he starts to install the table)

STORMY: What are you doing?

DONALD: Just checking it out. Look at how this thing is made. Can I tell you something? That’s a hell of a piece of equipment.

STORMY: Actually, I should get a new one.

DONALD: Nonsense. This one’s fine. (as he sits on the table)

STORMY: So, where do you wanna go? (as she puts her hand on his shoulder)

DONALD: Go? Why go anywhere? (as he places his hand over hers. She starts to massage his shoulders a little) Ahh, that feels good. Yeah. That’s, uh… That’s good. (he tries to go further. He grabs her hands over his shoulders and he lies down on the table on his chest) Yeah, that’s nice. That’s very nice.

STORMY: (she stops massaging) No. No, this isn’t good. I can’t do this.

DONALD: Why, what’s wrong? (he grabs her hands and force her to keep them on his shoulders)

STORMY: I can’t (she tries harder to pull her hands away)

DONALD: No. Yes you can. (he hangs on)

STORMY: No, I can’t!

DONALD: Come on! I know it’s something you wanna do! (she pulls harder and he falls right off the table)

(scene ends)

To add to the synchronistic relationship between this episode and the last two days’ testimony at the Trump election interference trial, one of the side stories in “The Masseuse” involves George Constanza’s relationship with Karen, who actually wants to sleep with him.  However, he too is obsessed with Jodi, not because she is a masseuse, because she finds him obnoxious.  Does that also ring a bell?

Karen is played by Lisa Edelstein, who some of you may remember appeared in Season 1 of West Wing.  She portrayed Laurie, a call girl and law student with whom White House aide Sam Seaborn (Rob Lowe) becomes obsessed.  There is no truth to the rumor Aaron Sorkin recently told friends Laurie was originally going to be an adult movie star or Playboy playmate, but the West Wing creator thought it too unbelievable.

Despite these coincidences, “The Masseuse” and “The Porn Star” differ in one most significant way.  When District Attorney Alvin Bragg pitched the latter to its potential audience, many assumed it too was a “show about nothing.”  But the witnesses and documents presented in the first three weeks of testimony suggest just the opposite.  

For what it’s worth.
Dr. ESP