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President Trump: Convicted Felon or Political Target | Part IV

And here it is!

The final installment of a four part series that looks at the trial that resulted in President Trump being labeled a convicted felon.

Here we go!

#5 Convicted Felon – Trump’s guilt was evaluated according to his having effected the election according to “unlawful means.”

Here’s the problem…

Judge Merchan illegally told the jury they didn’t have to be unanimous which also violated President Trump’s rights.
Juan Merchan

However unbiased Juan Merchan may claim to be, his adversarial perspective on President Trump and the Republican party are obvious given his financial contributions as well as the way in which his daughter stood to gain financially had President Trump lost the election.This is more than just an awkward coincidence. This is a violation of New York State Law pertaining to how political activity and family associations can not be allowed to impact the necessary impartiality that has to characterize the judgement of the one sitting on the bench.

  • Judge Merchan made financial contributions to Joe Biden’s Presidential Campaign and a Political Action Committee called “Stop Republicans.”14
  • Judge Merchan’s daughter, Loren Merchan, is the founder and president of a political consulting company called Authentic Campaigns, which provides political services for prominent Democratic Party clients. In a letter from Congress to Ms. Merchan, the Committee on on the Judiciary said, “Experts have raised substantial concerns with Judge Merchan, your father, refusing to recuse himself from President Trump’s case despite your work on behalf of President Trump’s political adversaries and the financial benefit that your firm, Authentic Campaigns Inc., could receive from the prosecution and conviction.15

N.Y. Election Law § 17-152 states, “any two or more persons who conspire to promote or prevent the election of any person to a public office by unlawful means … shall be guilty of a misdemeanor.” This crime has two elements:

  • To be guilty, a jury must find the accused: (1) conspired to affect an election; and (2) committed another act by “unlawful means” in furtherance of the conspiracy.
  • A jury must agree unanimously on the acts constituting elements of a crime. (See U.S. v. Gotti, 451 F.3d 133, 137 (2d Cir. 2006) (“The jury must be unanimous not only that at least two [predicate] acts were proved, but must be unanimous as to each of two predicate acts.”); U.S. v. Carr, 424 F.3d 213, 224 (2d Cir. 2005) (“The jury must find that the prosecution proved each one of those two … specifically alleged predicate acts beyond a reasonable doubt.”).)10

A jury can’t declare someone to be guilty without being unanimous. Despite that being a known precedent, Judge Merchan told jurors, in his verbal instructions to the jury, “Your verdict, on each count you consider, whether guilty or not guilty, must be unanimous. In order to find the defendant guilty, however, you need not be unanimous on whether the defendant committed the crime personally, or by acting in concert with another, or both.11”

While it may sound like the Judge is insisting on a consensus, he simultaneously makes it clear that the jury doesn’t have to be unanimous in which of the three possible manifestations of “unlawful means” were actually committed.  Not only is that a gross violation of legal precedent, it’s also a violation of President Trump’s Sixth Amendment right which says that all those accused of a crime have the right to “be informed of the nature and cause of the accusation.”12

At every level of this trial, you have a corrupted manipulation of the law…

  • The Hush Money paid to Stormy Daniels did not have to be filed as a campaign expenditure
  • There was no violation of Federal Election Law.
  • The State has no jurisdiction over Federal Elections.
  • There was no evidence of Tax Fraud
  • Jury didn’t have to be unanimous on what crime was committed

In addition…

  • The jury pool is coming from a county that consists of 663,000 registered Democrats as opposed to 66,000 Republicans.13
  • A key witness for the defense was not allowed to testify
  • Prosecution’s star witness confessed to lying under oath
  • Given Merchan’s political activity as well as his daughter being formally questioned by Congress as to how she stands to benefit financially by Trump’s indictment and defeat (see sidebar), his bias makes his refusal to recuse himself a potential violation of New York State Law standards for recusal which state that judges may not “directly or indirectly engage in any political activity.”16 The rules further state, “A judge shall not allow family, social, political, or other relationships to influence the judge’s judicial conduct or judgment.”17
What Was Donald Trump’s Crime? Liberals have a hard time in saying what Trump was guilty of.

Finally, Michael Colangelo was President Joe Biden’s third-highest-ranking Department of Justice official. He quit to join the Manhattan office investigating Donald Trump on November 18, 2022 – only three days after Trump announced his 2024 run and the same day Attorney General Merrick Garland appointed special counsel Jack Smith, and White House attorneys met for eight-hours with Nathan Wade. Colangelo’s association with the case and his nonsensical departure from his prestigious position makes it all the more logical to assume that the Biden White House was instrumental in ensuring that the case against President Trump had the look and feel of something legitimate.

It’s especially suspicious, given the way that Alvin Bragg was apparently reluctant to prosecute President Trump up until Colangelo joining the effort. He was so instrumental in building the case, he actually presented the opening arguments.18

Depending on the media you consume, it’s easy to believe that President Trump was found guilty on 34 felony convictions including what you see above. The problem with the headlines is that they rarely communicate the bottom lines that define the legal substance of, not just the allegations, but even the court proceedings that handed down a guilty verdict.

According to legal experts, Merchan’s standards for a conviction are abnormal. Not only were his instructions vague and illegal, but the prosecution never really made its point. Turley, who was been inside the courtroom, writes. “The jury has been given little substantive information on these crimes, and Merchan has denied a legal expert who could have shown that there was no federal election violation. This case should have been dismissed for lack of evidence or a cognizable crime.”19

Alan Dershowitz was a Democrat up until September of 2024. Prior to that, he supported Hillary Clinton and represented several high profile clients in their legal struggles.

He had a chance to be in the courtroom when Judge Merchan cleared everyone out in order to rebuke Robert Costello. From the perspective of Dershowitz, it was more than inappropriate…

Even if what Costello did was wrong, and it was not, it would be utterly improper and unlawful to strike his testimony — testimony that undercut and contradicted the government’s star witness.

The judge’s threat was absolutely outrageous, unethical, unlawful and petty.

Moreover, his affect while issuing that unconstitutional threat revealed his utter contempt for the defense and anyone who testified for the defendant.

The public should have been able to see the judge in action, but because the case is not being televised, the public has to rely on the biased reporting of partisan journalists.

But the public was even denied the opportunity to hear from journalists who saw the judge in action because he cleared the courtroom.

I am one of the few witnesses to his improper conduct who remained behind to observe his deep failings.20

He goes on to observe how, because the trial wasn’t televised, the only perspective on what happened inside the courtroom was going to be coming from media types, many of who were just as biased as Judge Merchan.

He concludes his observations with a fitting statement that captures everything that falls into the category of the way in which President Trump was not found guilty as a convicted felon as much as he was put on trial as a political target…

“The American public is the loser.”21

1. “Stormy Daniels – Donald Trump Scandal”, https://en.wikipedia.org/wiki/Stormy_Daniels%E2%80%93Donald_Trump_scandal, accessed January 31, 2025
2. The excerpt from Manhattan prosecutors “Bill of Particulars” references four crimes. However, only three were referenced by Judge Merchan in his instructions to the jury. The fourth one is State Penal Law 175.05 and refers to falsifying business records and is classified as a misdemeanor. It may be that this was considered both obvious and redundant and for that reason, wasn’t referenced by Judge Merchan.
3. “When the judge gags a key witness for Trump’s defense”, Washington Examiner, Byron York, May 6, 2024, https://www.washingtonexaminer.com/daily-memo/2993414/when-the-judge-gags-a-key-witness-for-trumps-defense/, accessed February 22, 2025
3. “Why Is the Judge in Trump’s New York Trial Muzzling a Key Defense Witness?”, “Townhall”, Guy Benson, 5/8/2024, https://townhall.com/tipsheet/guybenson/2024/05/08/why-is-the-judge-in-trumps-new-york-trump-trial-muzzling-a-witness-for-the-defense-n2638747, accessed February 3, 2024
4. Jonathan Turley, https://x.com/JonathanTurley/status/1795582312073101372, accessed February 1, 2025
5. “FEC drops investigation into Trump hush money payments”, Jordan Williams, 05/06/21, “The Hill”, https://thehill.com/homenews/campaign/552271-fec-drops-investigation-into-trump-hush-money-payments/, accessed February 4, 2025
6. “The New York State Senate”, “SECTION 17-152 | Conspiracy to promote or prevent election”, https://www.nysenate.gov/legislation/laws/ELN/17-152, accessed February 22, 2025
7. “What is the New York election law at the center of Trump’s hush money trial?”, ABC News, Ivan Pereira and Peter Charalambous, May 30, 2024, https://abcnews.go.com/US/new-york-election-law-center-trumps-hush-money/story?id=110678995, accessed February 22, 2025
8. Office of the Law Revision Counsel, United States Code, §30143. State laws affected, https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section30143&num=0&edition=prelim, accessed February 22, 2025
9. Syracuse University, College of Law, “Professor Gregory Germain writes: The Most Important Part of Trump’s Hush Money Case begins Next Week”, Professor Gregory Germain, May 22, 2024, https://law.syracuse.edu/news/professor-gregory-germain-writes-the-most-important-part-of-trumps-hush-money-case-begins-next-week/, accessed February 22, 2025
10. America First Legal, “Legal Errors in the New York Prosecution of President Trump Jury Unanimity”, https://media.aflegal.org/wp-content/uploads/2024/07/01181702/Merged-One-Pagers.pdf, accessed February 22, 2025
11. New York State Unified Court System, “Post Summation Instructions”, https://www.nycourts.gov/LegacyPDFS/press/PDFs/People%20v.%20DJT%20Jury%20Instructions%20and%20Charges%20FINAL%205-23-24.pdf, accessed February 22, 2025
12. Constitution Annotated, Sixth Amendment, https://constitution.congress.gov/constitution/amendment-6/, accessed February 22, 2025
13. “Election by County”, “New York State Board of Elections”, https://elections.ny.gov/enrollment-county, accessed February 1, 2025
14.Federal Election Contribution, Individual Contributions, https://www.fec.gov/data/receipts/individual-contributions/?contributor_name=juan+merchan&contributor_occupation=judge&two_year_transaction_period=2020, accessed February 22, 2025
15. Congress of the United States, House of Representatives, Committee on the Judiciary, “Letter to Ms. Lauren Merchan”, https://judiciary.house.gov/sites/evo-subsites/republicans-judiciary.house.gov/files/evo-media-document/2024-08-01%20JDJ%20to%20L.%20Merchan%20re%20Authentic%20Campaigns.pdf, accessed February 22, 2025
16. Cornell Law School, “N.Y. Comp. Codes R. & Regs. Tit. 22 § 100.5 – A judge or candidate for elective judicial office shall refrain from inappropriate political activity”, https://www.law.cornell.edu/regulations/new-york/22-NYCRR-100.5, accessed February 25, 2025
17. Casetext, “N.Y. Comp. Codes R. & Regs. tit. 22 § 100.2”, https://casetext.com/regulation/new-york-codes-rules-and-regulations/title-22-judiciary/subtitle-a-judicial-administration/chapter-i-standards-and-administrative-policies/subchapter-c-rules-of-the-chief-administrator-of-the-courts/part-100-judicial-conduct/section-1002-a-judge-shall-avoid-impropriety-and-the-appearance-of-impropriety-in-all-of-the-judges-activities, accessed February 22, 2025
18. Congress.gov, “Biden’s #3 Man at DOJ Resigned to Join Alvin Bragg’s‘Get Trump’Team on November 18,2022”, Bradley Jaye, JUne 12, 2024, https://www.congress.gov/118/meeting/house/117426/documents/HHRG-118-JU00-20240613-SD012-U12.pdf, accessed February 22, 2025
19. Jonathan Turley, “The Closing: Trump’s Final Argument Must Bring Clarity to the Chaos in Merchan’s Courtroom”, Jonathan Turley, May 28, 2024,
https://jonathanturley.org/2024/05/28/the-closing-trumps-final-argument-must-be-clarity-to-chaos-in-merchans-courtroom/, accessed February 22, 2025
20. New York Post, “I was inside the court when the judge closed the Trump trial, and what I saw shocked me”, Alan Dershowitz, May 21, 2024, https://nypost.com/2024/05/21/opinion/i-was-inside-the-court-when-the-judge-closed-the-trump-trial-and-what-i-saw-shocked-me/, accessed February 22, 2025
21. Ibid

See also…

Judge limits scope of testimony from Trump’s planned expert witness

Legal Errors in the New York Prosecution Against President Trump

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President Trump: Convicted Felon or Political Target | Part III

The is is Part III of a four part series that’s looking at the details of the case that was made against President Trump that resulted in him being labeled a convicted felon.

Here’s how the prosecution’s case is constructed…

We’re now on #2, Federal Election Law…

#2 Federal Election Law – The prosecution insisted that Trump’s payment to Stormy Daniels violated Federal Election Law.

Here’s the problem…

The FEC declared President Trump innocent of any wrongdoing involving his payment to Stormy Daniels in 2021.

 

Statute of Limitations

The crimes Trump was convicted of date back more than five years, but they withstood an initial court challenge because of a pandemic-era extension.Trump was indicted on March 30, 2023, more than six years after the earliest charge in the indictment, which dates to Feb. 14, 2017. That’s beyond the five years typically allowed by the statute of limitations, but there’s a catch: Former New York Gov. Andrew Cuomo extended the time limit to file charges in all criminal cases when courts were disrupted by the COVID-19 pandemic in 2020.

Trump’s lawyers moved to dismiss the case in its early stages based on the statute of limitations, but Merchan rejected the argument. In a pretrial decision, the judge said the pandemic extension stretched out the deadline for the prosecution by one year and 47 days.

“In other words, this felony prosecution had to be commenced within six years and 47 days from when the crimes were allegedly committed,” Merchan wrote.

Trump was charged within days of the potential deadline. The extension “brought the conduct described in the indictment within the prescribed five-year time limit,” Merchan wrote. (USA Today)

The Federal Elections Commission (FEC) had closed its investigation into whether former President Trump illegally made hush money payments to women prior to the 2016 election.

The FEC voted 4-1 to close the inquiry after failing to find that Trump or his campaign “knowingly and willfully” violated campaign finance law when his former attorney Michael Cohen paid $130,000 to porn star Stormy Daniels to keep her from disclosing an alleged affair.5

The FEC declared President Trump innocent of any wrongdoing involving his payment to Stormy Daniels in 2021. Yet, the State of New York decided to ignore that verdict and attempted to charge him with the same crime in 2024.

Another weakness in the prosecution’s case is the fact that President Trump’s alleged violation happened six years ago – a full year beyond the state’s statute of limitations. While a provision was made to extend that timeframe, given the way courts were disrupted by COVID-19, the fact that under any other circumstance, the prosecution’s case would never have made it to trial.

Bear in mind that a falsified business record is a misdemeanor. In order for it to be classified as a felony, the prosecution had to allege that the money was intentionally misrepresented in order to conceal another crime. But not only did that misdemeanor have to be linked to another crime in order for it to qualify as a felony, it had to be asserted as a felony in order for an exception to the statute of limitations to apply.

#3 State Election Law – According to Judge Merchan, New York State Election Law Section 17-152 was violated.

Here’s the problem…

State courts have no jurisdiction in cases such as this as defined by the Federal Election Campaign Act of 1971.

Again, in order for the 34 counts of falsified business records to resonate as felonies, it has to be proven that they were falsely documented in order to conceal another crime. The prosecution asserted that one of the three possible crimes was a violation of New York State Law Section 17-152  which refers to a “Conspiracy to promote or prevent election.” It goes on to say that, “Any two or more persons who conspire to promote or prevent the election of any person to a public office by unlawful means and which conspiracy is acted upon by one or more of the parties thereto, shall be guilty of a misdemeanor.”6

At one point, Judge Merchan elaborated by saying, “Under our law, a person is guilty of such a conspiracy when, with intent that conduct be performed that would promote or prevent the election of a person to public office by unlawful means, he or she agrees with one or more persons to engage in or cause the performance of such conduct.”7

The problem, however, is that the state has no jurisdiction when it comes to Federal elections. In other words, if the FEC declares that the money paid by President Trump to Michael Cohen was not in violation of the law, that ruling supersedes and preempts any provision of State law with respect to election to Federal office.8

Judge Merchan and the prosecution were completely wrong in making a violation of State Election Law as part of the trial because Federal Law renders any attempt on the part of the state to override a Federal ruling a moot point.

#4 Tax Fraud – Prosecution accused President Trump of tax fraud when he disguised payments to Michael Cohen.

Here’s the problem…

The DA introduced no evidence to support the claim and the court didn’t rule on the issue.

In his legal review, Professor Gregory Germain elaborated on the issue of tax fraud as presented by the prosecution:

Early in the case, the District Attorney suggested that Trump might have been disguising the payments to commit tax fraud. But the DA introduced no evidence to support that claim. Trump asked Judge Merchan to prevent the District Attorney from arguing the tax fraud point. The District Attorney argued that falsifying the payment as income to Cohen rather than a reimbursement was a “tax law violation,” but Trump pointed out that there is no evidence that anyone received a tax benefit from the characterization. The court did not rule on the issue.9

So, however “tax fraud” might’ve been documented in the prosecution’s “Bill of Particulars,” it was never proven let alone discussed.

And the hits just keep on comin’!

Stay tuned for the exciting conclusion…

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President Trump: Convicted Felon or Political Target | Part II

This is Part II of a four part series that looks at the case New York state brought against President Trump that resulted in him being effectively labeled a “convicted felon.”

But when you take the time to look at the accusations and contemplate all of what the case was actually built upon, it’s obvious there’s more – and less – to this case than what meets the eye.

We ended the last post by enumerating the 34 felonies that President Trump was charged with. Each one of them represented a falsified business record, which is a misdemeanor, unless you can prove that the mischaracterization was done for the purpose of concealing another crime.

New York state insisted that the crime being concealed was a violation of either Federal Election Law, State Election Law, or Tax Fraud.

Take your pick. It could be one or all of the above.

It looked like this…

But at each stage of the prosecution’s case, you have some toxic flaws that neither the judge, nor the jury, nor the prosecuting attorney’s seemed willing to acknowledge.

Let’s take a look…

#1 Hush Money – the money paid to Stormy Daniels, according to the prosecution, should’ve been reported to the FEC as a campaign expenditure. It was intentionally documented incorrectly in order to cover up either a violation of Federal Election Law (2), State Election Law (3), or an instance of Tax Fraud (4).

Here’s the problem…

The money paid to Stormy Daniels DID NOT have to be reported to the FEC as a campaign expenditure. However he documented it, the prosecution is wrong in insisting that the money should’ve been reported to the FEC.

Washington Examiner reporter, Byron York, explains:

Manhattan District Attorney Alvin Bragg has charged Trump with falsifying bookkeeping records of a nondisclosure payment in order to commit or conceal another crime, Bragg still hasn’t revealed what that other crime is. It’s really the key to the whole case. Without the other crime, there would be no charges against Trump in this matter. The fact that we — and that includes the defendant — still don’t know what the other crime is is one of the great injustices of a felony prosecution that never should have happened…[Bragg’s] theory is that if Michael Cohen paid Daniels $130,000 in the fall of 2016 to keep her from going public with her story that she and Trump had a sexual encounter and then Trump repaid Cohen in 2017, then that was a campaign contribution and should have been reported to the FEC. The payments were made “for the purpose of influencing any election,” the theory continues, and the Trump campaign should have filed a document with the FEC listing among its campaign contributions and expenditures that it received and spent $130,000 for “hush money.”

If you think that sounds a little odd for an FEC disclosure, you’re right. That’s where one of the critical witnesses to be called by the Trump defense comes in. Bradley Smith is a former chairman of the FEC, and on many occasions, including long before Trump, he has argued that there are all sorts of things a candidate can spend money on that are not legally classifiable as “for the purpose of influencing any election.” … Smith, having headed the FEC, has many examples from the commission’s enforcement of federal election law that illustrate his point. He knows what he is talking about, and it seems clear that his expert opinion is that paying off Daniels, no matter what one might think of it, is not a campaign expenditure or donation that FECA requires a candidate to disclose. The Trump defense plans to call Smith as a witness. Not because he has any personal knowledge of the Trump transaction but because he understands, and has enforced, the campaign law that Bragg’s prosecutors appear to be planning to use against Trump. But Merchan has forbidden Smith from testifying about most of the issues involved in the case.3

The Lost Testimony of Bradley Smith
Bradley Smith’s testimony would’ve severely undermined the prosecution’s case. He tweeted some of what he would’ve said had Judge Merchan allowed him to take the stand and elaborate on how Campaign Law actually applied to President Trump’s situation…

Judge Merchan has so restricted my testimony that defense has decided not to call me. Now, it’s elementary that the judge instructs the jury on the law, so I understand his reluctance. But the Federal Election Campaign Act is very complex. Even Antonin Scalia—a pretty smart guy, even you hate him—once said “this [campaign finance] law is so intricate that I can’t figure it out…

Someone has to bring that knowledge to the jury. That—not the law—was my intended testimony. For example, part of the state’s case is that they wrongly reported what they knew to be a campaign expenditure in order to hide the payment until after the election. Cohen even testified they just wanted to get past the election…

So, we were going to go over the reporting schedules, showing that even if they thought it was a campaign expenditure to be reported, an expenditure made on October 27 (when $$ sent to Daniels atty) would not, under law, be reported until Dec. 8, a full 30 days after election. But while judge wouldn’t let me testify on meaning of law, he allowed Michael Cohen to go on at length about whether and how his activity violated FECA. So effectively, the jury got its instructions on FECA from Michael Cohen! (What an Expert Witness for Trump’s Defense Would Have Told Jurors If He Hadn’t Been Muzzled by the Judge)

Everything about the prosecution’s case requires the money paid to Stormy Daniels to be categorized as illegal in the context of Election Law. If the priority is a fair trial, it only makes sense that you would seek out the clarity provided by someone who can speak with authority as to whether or not Trump did, in fact, break the law from the standpoint of the FEC.

Bradley Smith is that authority and Bradley Smith was forbidden by Judge Merchan to provide that clarity.

Jonathan Turley is a professor at George Washington University Law School and has testified in United States congressional proceedings about constitutional and statutory issues. Since the 1990s, Turley has been a legal analyst for several major news networks and is currently a legal analyst with Fox News. He said this about the prosecution’s closing argument made by Joshua Steinglass:

Steinglass just said that it is a fact that these were campaign violations. Nothing from the judge and nothing for the defense. This jury has now been told dozens of times that the payments were campaign violations and the Judge is letting that false claim stand uncontradicted…He literally said that Trump lied in denying that these were campaign contributions because they were in fact such violations. Merchan is treating this all as argument. However, Steinglass is making a statement of law that is contradicted by a wide variety of experts.4

Among the “wide variety of experts” that Turley is referring to is Bradley Smith, whose testimony would’ve prevented Steinglass from invoking the discredited assumption that Trump had violated Election Law as an established fact (see “What an Expert Witness For Trump’s’ Defense Would Have Told Jurors if He Hadn’t Been Muzzled by the Judge” sidebar).

It’s as though the court wasn’t really looking for the truth as much as it was looking for an excuse to find Trump guilty.

Stay tuned for Part III!

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President Trump: Convicted Felon or Political Target | Part I

Imagine buying a printer and documenting it as a business expense.

Perfectly legal.

But pretend for a moment that instead of buying a printer, you bought heroin. Now, not only are you breaking the law by purchasing illegal drugs, but you’re also committing a crime in the way you reported it as “something for the office.”

If instead of buying a printer, you bought an ice cream cone, you’ve got a “falsified business expense,” but that’s not necessarily a problem. What makes it criminal is the crime being concealed by documenting the expense as something legitimate.

If someone is going to accuse you of committing a felony because of a falsified business expense, they have to prove to the jury that you’re guilty of committing a crime that was funded by the money you reported as a legal transaction. In the case of our example, the purchase of heroin.

But if you bought ice cream, that’s not illegal and however you accounted for it is not a felony and…

…they don’t have a case.

These are the 34 “felonies” that President Trump was charged with:

 Invoice from Michael Cohen, marked as a record of the Donald J. Trump Revocable Trust 2/14/17
 Entry in the Detail General Ledger for the Donald J. Trump Revocable Trust, bearing voucher number 842457 2/14/17
 Entry in the Detail General Ledger for the Donald J. Trump Revocable Trust, bearing voucher number 842460 2/14/17
 Check and check stub, Donald J. Trump Revocable Trust Account, bearing check number 000138 2/14/17
 Invoice from Michael Cohen, marked as a record of the Donald J. Trump Revocable Trust 3/16/17
 Entry in the Detail General Ledger for the Donald J. Trump Revocable Trust, bearing voucher number 846907 3/17/17
 Check and check stub, Donald J. Trump Revocable Trust Account, bearing check number 000147 3/17/17
 Invoice from Michael Cohen, marked as a record of Donald J. Trump 4/13/17
 Invoice from Michael Cohen, marked as a record of Donald J. Trump 5/22/17
 Entry in the Detail General Ledger for Donald J. Trump, bearing voucher number 855331 5/22/17
 Check and check stub, Donald J. Trump account, bearing check number 002700 5/23/17
 Invoice from Michael Cohen, marked as a record of Donald J. Trump 6/16/17
 Entry in the Detail General Ledger for Donald J. Trump, bearing voucher number 858770 6/19/17
 Check and check stub, Donald J. Trump account, bearing check number 002740 6/19/17
 Entry in the Detail General Ledger for Donald J. Trump, bearing voucher number 858772 6/9/17
 Check and check stub, Donald J. Trump account, bearing check number 002741 6/19/17
 Invoice from Michael Cohen, marked as a record of Donald J. Trump 7/11/17
 Entry in the Detail General Ledger for Donald J. Trump, bearing voucher number 861096 7/11/17
 Check and check stub, Donald J. Trump account, bearing check number 002781 7/11/17
 Invoice from Michael Cohen, marked as a record of Donald J. Trump 8/1/17
 Entry in the Detail General Ledger for Donald J. Trump, bearing voucher number 863641 8/1/17
 Check and check stub, Donald J. Trump account, bearing check number 002821 8/1/17
 Invoice from Michael Cohen, marked as a record of Donald J. Trump 9/11/17
 Entry in the Detail General Ledger for Donald J. Trump, bearing voucher number 868174 9/11/17
 Check and check stub, Donald J. Trump account, bearing check number 002908 9/12/17
 Invoice from Michael Cohen, marked as a record of Donald J. Trump 10/18/17
 Entry in the Detail General Ledger for Donald J. Trump, bearing voucher number 872654 10/18/17
 Check and check stub, Donald J. Trump account, bearing check number 002944 10/18/17
 Invoice from Michael Cohen, marked as a record of Donald J. Trump 11/20/17
 Entry in the Detail General Ledger for Donald J. Trump, bearing voucher number 876511 11/20/17
 Check and check stub, Donald J. Trump account, bearing check number 002980 11/21/17
 Invoice from Michael Cohen, marked as a record of Donald J. Trump 12/1/17
 Entry in the Detail General Ledger for Donald J. Trump, bearing voucher number 877785 12/1/17
 Check and check stub, Donald J. Trump account, bearing check number 003006 12/1/17

These were all identified by the prosecution as falsified business records.

34 falsified business records, 34 felonies.

But remember, in order for a falsified business record to quality as a felony, it has to be proven that the money was intentionally categorized to conceal the fact that the law had been broken.

An excerpt from Manhattan prosecutors’ bill of particulars in the Donald Trump hush-money case referenced in the “Old, unused, and ‘twisty’ — meet the obscure NY election-conspiracy law that just might get Trump convicted” article printed in the Business Insider, April 27, 2024.

But what was the crime?

You can’t tell by looking at the business records, apart from the name, “Michael Cohen.”

In 2018, the Wall Street Journal reported that Michael Cohen, Donald Trump’s lawyer, cut a check to Stormy Daniels in exchange for her discretion when it came to her relationship to Donald Trump, given its sordid characteristics that occurred in 2006. That same check was later categorized as an illegal contribution to Trump’s presidential campaign and Cohen wound up serving three years in prison.1

Later, however, it was alleged that Trump tried to reimburse Cohen for the money paid out to Daniels and used a series of falsified business records in order to conceal the true nature of the payment made to the former porn star. In doing so, at least one of three crimes were committed (see sidebar):2

  • Violation of State Election Law
  • Tax Fraud
  • Federal Election Law

But you can’t simply list 34 transactions and call them 34 felonies. You have to prove that every one of those line items was intentionally mis-categorized in order to conceal a violation of either State Election Law, New York Tax Law, or Federal Election Law.

Get ready for Part II…!

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A Difficult Truth or a Convenient Lie?

When you’re talking with someone who sees themselves as their own absolute, they’re living in a manufactured reality where there’s no such thing as truth, only personal opinions. Truth only exists in the context of what they’re comfortable with – a preference that’s unique to every individual as opposed to an Absolute that applies to all individuals. That’s why when you try to tell them that they’re wrong, you’re heard as someone who’s just trying to force your beliefs on them.

All the boundaries represented by logic, common sense, morality, and even rational thought are now nonexistent because there’s no fixed point of reference.

  • There are no Divine Absolutes, those are “your beliefs.”
  • That isn’t irrevocable evidence, that’s just your perspective.
  • Those aren’t indisputable facts, those are just your personal preferences.

Truth is defined exclusively according to whether or not a person wants to believe it – there’s no kind of accuracy that exists independently of the way a person thinks or feels. If they’re not comfortable with what’s being said, it is automatically untrue. There are no principles, only preferences.

That is the key difference between a Conservative and a Liberal. The Liberal gauges everything according to whatever best reinforces their core assumption that they are the standard by which all things are measured. Every resource, be it a news outlet, a personality, a poll, a statistic, a picture, or a study – however credible they may be – none of it is considered as admissible evidence if it resonates as a threat to the way they want to see themselves and the world around them.

The Conservative, on the other hand, believes in something greater than themselves which means that they are focused on a Standard that doesn’t change and is coming from a Source that is morally and intellectually flawless (“In God We Trust”). That doesn’t mean that the Conservative is never beyond reproach. What it does mean is that they see themselves as being accountable to someone other than the one who stares back at them in the mirror every morning.

The Liberal, on the other hand, because they see themselves as their own bottom line, they are never responsible for their actions as much as their oppressed by a system that is corrupt. They may be different, perhaps they’re damaged, but they’re never wrong.

What can make this exhausting is that when you accuse a Liberal of basing their convictions on preferences rather than principles, they will insist that you’re doing the same thing. They cannot process the concept of a transcendent reality that prevails over an individual’s desires and appetites. In fact, they see it as unhealthy distraction.

Katherine Maher, the CEO of NPR, captures that mentality in a presentation she made entitled, “What Wikipedia Teaches Us About Balancing Truth and Beliefs” featured on ted.com. At one point she says:

We all have different truths. They’re based on where we come from, how we were raised and how other people perceive us.

That perhaps for our most tricky disagreements, seeking the truth and seeking to convince others of the truth might not be the right place to start. In fact, our reverence for the truth might be a distraction that’s getting in the way of finding common ground and getting things done.1

The problem with Maher’s approach, and the Liberal perspective in general, is that it contradicts the very definition of what truth is. The dictionary definition of truth is, “…the body of real things, events, and facts.”2. Truth is an objective absolute and is not something that can be established simply by speaking it into reality anymore than you can change your gender simply by changing your pronouns.

To insist that truth is relative is a self-defeating statement because if truth is relative than even declaring it as such is relative and is therefore meaningless.

Yet, this is a necessary premise in order for the Liberal mentality to function. Once you introduce the idea that truth is nothing more than a word that’s used to elevate your personal disposition to the level of a universal given, then everything from your testimony in court to the way you evaluate the behavior and the credibility of other people depends solely on how that scenario either weakens or strengthens your ability to maintain the illusion that your definition of the human experience is the only definition that matters.

This is why the immorality of a particular individual is labeled as heinous and the same behavior in another individual doesn’t even justify a headline. It’s not a “double standard.” To the Liberal, there are no standards, only situations. The Liberal isn’t as concerned with the behavior as much as they are in demonizing anyone who represents a philosophy that promotes the practical existence of objective truth.

This is why they can lie in court because, again, there is no truth apart from whatever is preferred in that moment. You can’t be lying if you have eliminated the standard by which your statement would otherwise by measured.

Inevitably, this is more than just a self-serving philosophy. This is a spiritual condition.

There are only two religions in the world: Either God is God or you are. Every religion on the planet empowers the individual with the ability to facilitate their own salvation. You can do something or abstain from something to the point where you can merit the favor of your preferred deity. This is the lie that satan fed Eve in the Garden of Eden in Genesis 3:5:

“For God knows that when you eat from it your eyes will be opened, and you will be like God, knowing good and evil.” (Gen 3:5)

Christianity, on the other hand, says you’re a spiritual corpse. The only thing you contribute to your salvation is the sin that makes it necessary. The gospel is the only religious doctrine that positions mankind as absolutely subordinate to his God.

That doesn’t work in the mind of a Liberal.

You can’t be your own absolute and be subordinate to a holy God at the same time. It’s one or the other and that’s why the separation of church and state is such a volatile issue.

It’s not just American History, nor is it a Sunday morning tradition. It is toxic in the mind of the person who is determined to be their own bottom line.

However unsustainable or nonsensical that approach may be, it can nevertheless be championed very effectively by insisting that, as Katherine Maher said, “We all have different truths,” and that it is ultimately a “distraction.”

But it’s not distracting, it’s stabilizing. And when that stability is in place, it’s liberating.

The death and resurrection of Christ aren’t certified as actual calendar events simply because I find the notion of a loving and forgiving God appealing. It either happened or it didn’t. However I “feel” about the empty tomb doesn’t validate its authenticity one way or the other.

The question isn’t, “How do you feel?” Rather, you need to ask, “Is it real?”

The question isn’t whether or not I can force my beliefs on you. The question should be, “Is what I’m saying…”

…true?

The word “truth” is used frequently in our society. Even in the context of swearing to, “…tell the truth, the whole truth, and nothing but the truth so help you God.”

But when truth is nothing more than one’s personal version of reality as opposed to that which is genuinely real, then you are attempting to function in a manner that is not only completely inconsistent with the way the universe operates, but you have cast off every reliable metric that would otherwise guide you in your pursuit of happiness, and redefined rights, not as gifts given to you by God to guard your way, but as weapons you use to get your way.

As long as you’re determined to ignore principles in favor of your preferences, you are missing the life and freedom afforded to you by what is, at times, a difficult truth, and exchanged it for the frustrated existence supplied by a convenient lie.

1. “What Wikipedia teaches us about balancing truth and beliefs”, ted.com, https://www.ted.com/talks/katherine_maher_what_wikipedia_teaches_us_about_balancing_truth_and_beliefs, accessed March 30, 2025

2. “truth”, “Merriam Webster Dictionary”, https://www.merriam-webster.com/dictionary/truth, accessed March 30, 2025

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A Time to Speak

I’m seeing several posts coming from well meaning people saying that we need to just love everybody and avoid any kind of confrontation.

Last year, President Trump narrowly missed being assassinated. This after several years of his opponents calling him a Nazi, a fascist, and a threat to democracy.

We need to just pray and not argue…

Where in Scripture does God tell us to be quiet and remain in our prayer closet while everyone else is voting, debating, knocking on doors, and basically pushing back against the narrative that says there is no absolute save the person who stares back at you in the mirror every morning?

This is the time to speak!

Here’s what I see:

First of all, to process Christ’s approach to the cross as our template for the way we confront evil is to forget that Jesus at one point said,

Every day I was with you in the temple courts, and you did not lay a hand on me. But this is your hour—when darkness reigns. (Lk 22:53).

Jesus’ willingness to be crucified was not meant to be an example for the way we resist evil and fight back against corruption. He had to go to the cross in order for the Scriptures to be fulfilled and to pay our debt (Matt 26:54). While there may be a time when Christ asks you to sacrifice yourself, simply laying down and doing nothing in the face of being attacked or not standing up for what’s right, believing that you’re an example of piety, is not an accurate interpretation of the whole of God’s Word.

John the Baptist wound up in prison for rightfully confronting the current administration and calling out Herod as being an immoral dirtbag. Jesus said that no human being was greater than John (Matt 11:9-11; Lk 3:19-20).

How many times in the Old Testament did a prophet confront a king or an entire nation and tell them that they were godless and offensive in the sight of God? Was Nathan vague in the way he spoke to David (2 Sam 12:7)? Did Elisha mince words when he told the king of Israel what was going to happen to him and his wife as a result of doing evil in the sight of God (1 Kings 21:21-24)?

Did David give Goliath a brochure? Did Paul try to be extra sensitive when he spoke to King Agrippa (Acts 26:24-29)?

There’s a difference between righteous indignation and the kind of rage that springs from thinking of no one other than yourself. Ephesians 4:26 says to not let your anger provoke you to the point where you do something wrong. That’s obviously something you want to avoid. Simply exchanging insults on social media is not accomplishing anything.

But at one point, David said…

Do I not hate those who hate you, and abhor those who are in rebellion against you? I have nothing but hatred for them; I count them my enemies. (Ps 139:21)

What David is saying is that he hates the work of sinners, and for good reason. Nothing good comes from those who intentionally try to do the wrong thing. And when you consider the pain and the problems that come from doing the wrong thing, you have every reason to detest that kind of mindset.

But, how do you respond to the “wrong thing?”

Have nothing to do with the fruitless deeds of darkness, but rather expose them. (Eph 5:11)

Expose them!

The person who doesn’t want to be “exposed” is not going to want to listen to you, nor do they want others to listen to you. They will be antagonistic and that kind of reaction is difficult to endure, which is why it’s so important to know what you believe and why you believe it so when it’s time to “expose them,” you sound like you have a point.

It also takes courage. For those who cringe at the thought of being criticized, it’s easy and convenient to retreat behind a biblical sounding excuse to not say or do anything.

That’s not discipleship, that’s cowardice.

What would’ve happened had our founding fathers not stood up to King George?

On one hand, they could’ve referred to Christ’s command to render to Caesar what is Caesar’s as well as the biblical admonishment to obey those in authority (Matt 22:21; Rom 13:1).

But rather than base their perspective on a mere portion of Scripture, they looked at God’s Word as a whole and were able to justify separating from England due to the fact that we are to obey God rather than man (Acts 5:29).

They stood up and they spoke out.

Your witness means very little if you smile at the things that send a person to hell and endorse the things that put Christ on the cross.

David didn’t just sing, Paul didn’t just write, and Jesus didn’t just pray.

There’s a time to be silent and there’s a time to speak.

This is the time to speak.

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The Broadside | Take the Money and Run

Trump is offering illegally present foreigners a gift.

The Department of Homeland Security is intensifying its efforts to persuade unauthorized immigrants to self-deport by offering a $1,000 stipend and travel assistance.

The federal agency announced Monday that those who use the CBP Home app to voluntarily leave the United States will receive assistance “to facilitate travel back to their home country” and $1,000 “paid after their return to their home country has been confirmed through the app.”

When I first saw that it struck me negatively. Why would we “reward” people who had illegally crossed into our country? Not only did millions of people commit a crime when crossing our border illegally, millions of people were given handouts when they got here. Some of them were flown to a city of their choice.

It wasn’t until I read further that I realized that there is a huge benefit for illegal aliens who self-deport, namely that they preserve the right to return to the U.S. using proper channels and processes. But the even bigger benefit is for U.S. citizens: it saves taxpayer dollars.

A single deportation costs U.S. taxpayers $17,121, according to DHS. The federal agency expects self-deportations to decrease that cost by 70%, even after factoring in the stipend.

Matt Margolis adds:

At first glance, it might sound counterintuitive that the Trump administration would offer $1,000 to illegal aliens who self-deport—but that’s exactly why the liberal media ran wild with it. They led with the cash payments, plastering them across headlines and opening paragraphs, hoping to spark outrage while conveniently glossing over the bigger picture. What they buried—on purpose—is that these stipends are part of a strategic effort to restore order at the border and save taxpayer dollars.

By encouraging voluntary departures through a streamlined process, the Trump administration is projected to slash deportation costs by up to 70%. It costs the government over $17,000 to arrest, detain, and remove someone through traditional deportation channels. Voluntary returns also sidestep the complex diplomatic negotiations typically required to get countries to accept their returning citizens. 

I don’t really care how illegals leave; just that they do. If we can bribe them with $1,000 and it saves us money, I’m all for it.

This is what I voted for.

I mentioned yesterday that my buddy Bruce Gust will be taking over the blog for the next few days as I take a break to visit the littles. He’s filled in for me several times over the last five years and I always appreciate it.

Bruce was at the center of a controversy earlier this year when he sang a unique rendition of the national anthem before a Nashville Predators v. Anaheim Ducks hockey game. Maybe you heard about it.

U.S. Marine Corps veteran Bruce Gust performed his own rendition of the anthem at the Bridgestone Arena before the Nashville Predators took on the Anaheim Ducks. He brought out bongos to help add a rhythmic beat to the song.

Ducks star Trevor Zegras joked that the unique performance affected his play at the start.

“I think the bongo anthem threw us off a little bit in the first,” Zegras said. “But once we recovered from that, we were back to our game, which was good.”

I personally thought the rhythmic rendition, while unique, was quite well done. In addition to being a musical artist, Bruce is also an author of several books. I recommend his “American Devotional Series: Part One: The Revolutionary War.” You can also check out his Muscular Christianity website, where he offers spiritual encouragement and physical fitness resources.

Thanks Bruce!

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The Broadside | ‘The Rock’ is Back as My Vote Pays Dividends

Trump orders Alcatraz maximum security prison to reopen, rebuild and expand to house ‘America’s most ruthless and violent’ criminals.

President Donald Trump is calling for the notorious prison and now historical landmark, Alcatraz, in San Francisco, California, to be rebuilt larger and reopened to house the country’s most ruthless and violent criminals.

Trump made the announcement in a Truth Social post on Sunday evening.

“REBUILD, AND OPEN ALCATRAZ!” the president said. “For too long, America has been plagued by vicious, violent, and repeat Criminal Offenders, the dregs of society, who will never contribute anything other than Misery and Suffering.

“When we were a more serious Nation, in times past, we did not hesitate to lock up the most dangerous criminals, and keep them far away from anyone they could harm,” Trump continued, adding that it’s supposed to be this way. “No longer will we tolerate these Serial Offenders who spread filth, bloodshed, and mayhem on our streets.”

Trump is all in on reversing with intensity the indulgences of the prior administration. If Brandon allowed an invasion of foreigners without structure or oversight, then we’re going to arrest, imprison and deport them, and we’ll use the most notorious supermax prison to do it.

I’m all for reclaiming and reimagining that jetty of rock off the San Francisco coast. And it’s clear why Trump wants to do so:

Trump, in his social media post, said the country can’t be held hostage by “criminals, thugs, and Judges that are afraid to do their job and allow us to remove criminals, who came into our Country illegally.”

The Republican has railed against federal judges who have slowed his effort to boot alleged gangbangers and ship them off to the infamous El Salvador megaprison.

AP wrote, “Trump, returning to the White House on Sunday night after a weekend in Florida, said he’d come up with the idea because of frustrations with “radicalized judges” who have insisted those being deported receive due process. Alcatraz, he said, has long been a “symbol of law and order. You know, it’s got quite a history.”

Fine. If activist judges want to bottleneck Trump’s executive power, he’s got to find another way to deal with the threat. Funny enough, Don Jr. floated the idea of reopening Alacatraz back in January.

After his father’s announcement of creating a facility at the military base in Cuba to hold thousands of undocumented immigrants, Don Jr. tweeted, “Maybe we should also reopen Alcatraz?”

Being 1.25-miles from shore, Alcatraz has a reputation as being inescapable, even though 36 inmates tried and failed over 14 attempts during the years it was open (1934-1963). (There may have been three who made it in 1962, but there’s no definitive proof.) It used to hold some of America’s most violent and notorious criminals including gangsters James “Whitey” Bulger, Al Capone and George “Machine Gun” Kelly. It closed in 1963 after “island operations proved far more costly than mainland-based prisons.”

It’s both a symbolic and practical solution to a big problem.

Maybe Trump will hire some of El Salvador’s prison wardens to teach us how to handle the most violent offenders in our country. They’ll still get ‘due process,’ but we don’t need to make it pleasant for them.

A programming note: my buddy Bruce Gust will be filling in for me starting Wednesday as we visit with the littles. He’s always got good things to share with a Christian emphasis. My last post before break will be tomorrow.

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The Broadside | The First Shakeup of Team Trump

Mike Waltz is out as Trump’s National Security Advisor. But I’m not sure this is the coup that the Left thinks it is.

Quick Hit:

President Donald Trump announced Thursday that he will nominate Mike Waltz as the next U.S. Ambassador to the United Nations. Waltz, a former Green Beret, congressman, and current National Security Advisor, is expected to vacate that role immediately.

Key Details:

  • Trump praised Waltz for his military service and leadership, saying he “has worked hard to put our Nation’s Interests first” and will bring that same commitment to the U.N.
  • In the interim, Secretary of State Marco Rubio will serve as National Security Advisor while continuing his leadership at the State Department.
  • Trump stated the appointments reflect a continued push “to Make America, and the World, SAFE AGAIN,” signaling a focus on national security and international diplomacy heading into the next phase of his administration.

Democrats have been trying to oust Pete Hegseth over “Signalgate” a few weeks ago when Mike Waltz inadvertently added the Atlantic’s editor to a chat where senior officials were discussing attacks against the Houthis. Waltz owned the error and apologized but the Dems pounced on the situation as leverage to get rid of America First appointees.

It may be that Trump took care of the issue by removing Waltz but keeping him involved by nominating him to be the next U.S. Ambassador to the United Nations. That’s got to make Dem’s heads spin.

If you thought President Trump was running out of ways to troll the left, you probably weren’t counting on the ultimate bait-and-switch that is sure to send the Democrats into a collective hissy fit.

On Thursday, we learned that National Security Advisor Mike Waltz and his deputy, Alex Wong, are out at the National Security Council. Democrats absolutely salivated at the news. Of course, Waltz was never their true target—that’s Pete Hegseth—but, clearly, they saw Waltz’s departure from the National Security Council as a victory, and they felt emboldened by it. 

And then Trump nominated Waltz as his new pick for UN ambassador. 

“I am pleased to announce that I will be nominating Mike Waltz to be the next United States Ambassador to the United Nations,” Trump said in a post on Truth Social. “From his time in uniform on the battlefield, in Congress and, as my National Security Advisor, Mike Waltz has worked hard to put our Nation’s Interests first. I know he will do the same in his new role.”  

Trump can’t be accused of not acting in response to the “scandal” of the Signal chat. Waltz is out.

But Waltz is also not out.

What played out this week was not just classic Trump—it was trolling on a level that left Democrats and the media scratching their heads in disbelief. It’s the kind of move only Trump could pull off, turning a target of a faux scandal into the face America presents to the world at the United Nations.

Trump’s nomination of Mike Waltz to the UN ambassador position proves once again that he’s playing 4D chess while his opponents are stuck playing checkers. What might Trump do next to troll the left? I have some ideas. While Secretary of State Marco Rubio will be interim national security advisor, a totally boss move would be for Trump to nominate General Michael Flynn as Waltz’s replacement.

Can you imagine?

Have a great weekend.

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The Broadside | Today is the National Day of Prayer

Thanks to Linda for calling it to my attention.

Instead of writing about the latest political or cultural rot, here’s the official “2025 National Prayer.” Honestly, I’m as guilty as the next Christian when it comes to pointing out the flaws in our great nation rather than petitioning God to change hearts and minds by His Spirit.

Take a moment with me to pray this prayer on behalf of our nation today.

God of hope, fill us with all joy and peace

in believing, so that we will abound in

hope by the power of the Holy Spirit.

You have caused us to be born again to

a living hope through the resurrection of

Jesus Christ from the dead; therefore,

we hope in what we do not see.

This world is not our home or reality,

but the Lord is our Rock,

our Truth, our certainty.

God of hope, we pour out our praise

and are filled with Your powerful presence.

We pour out repentance of sin and are filled

with forgiveness and righteousness.

We pour out pain from the attacks of the

enemy—anxiousness, fear, anger—and You

fill us with courage, assurance, and love.

We pour out our needs, the desires of our

hearts, and are filled with Your Kingdom

provision and purpose.

We pour out our hearts for our nation, for

the people and places, relationships and

responsibilities the Lord has established: the

Church, Family, Education, Business,

Military, Arts, Entertainment, Media, and

Government. May all who live, serve, and

steward in these be filled with Your purpose,

wisdom, strength, and truth.

Let Your lovingkindness, O LORD, be upon

us, as we have hoped in You.

In abounding hope, anchored by our hope

in the name of Jesus, we pray. Amen!

See you tomorrow.