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1. Embed this notice
   Laffy (gottalaff@mastodon.social)'s status on Monday, 22-Apr-2024 23:09:47 JST Laffy

   1/…🧵 #TrumpTrial #Trump #legal

   Via Klasfeld:

   Expected first:

   The judge may issue his Sandoval rulings, determining what prior bad acts prosecutors can confront Trump with if he testifies.

   A key question: "What's fair game?"

   • Embed this notice
     Laffy (gottalaff@mastodon.social)'s status on Monday, 22-Apr-2024 23:09:43 JST Laffy

     in reply to

     13/ Klasfeld:

     Context on the E. Jean Carroll rulings' nuance:

     Evidence about "prior bad acts" must balance relevance with undue prejudice to the accused.

     Trump isn't charged in this case with sexual assault, but falsifying business records. The judge allowed info that goes to his credibility.

     This is why Merchan appeared to confine his green light to prosecutors on the Carroll verdicts to the defamation findings.

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     Laffy (gottalaff@mastodon.social)'s status on Monday, 22-Apr-2024 23:09:43 JST Laffy

     in reply to

     14/ Klasfeld:

     Merchan is giving his preliminary instructions to the jurors.

     HistoPol (#HP) 🥥 🌴 repeated this.
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     Laffy (gottalaff@mastodon.social)'s status on Monday, 22-Apr-2024 23:09:43 JST Laffy

     in reply to

     15/ Klasfeld:

     Notably absent in Justice Merchan's Sandoval rulings:

     * Trump's sanction for filing "frivolous" RICO suit against Clinton — a surprising omission, because he previously seemed inclined to admit it.

     * The Trump Org's criminal prosecution

     That said, the judge allowed prosecutors to confront Trump with a broad array of adjudicated prior bad acts from other court cases...

     ...Again, if Trump chooses to testify.

   • Embed this notice
     Laffy (gottalaff@mastodon.social)'s status on Monday, 22-Apr-2024 23:09:44 JST Laffy

     in reply to

     10/ Klasfeld:

     (Notably, the judge appears to have excluded the sexual abuse finding in the E. Jean Carroll case.)

     erica orden:

     Jury is entering. This is the first time the jurors will be in the courtroom with virtually all of the gallery seats occupied by reporters.

     HistoPol (#HP) 🥥 🌴 repeated this.
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     Laffy (gottalaff@mastodon.social)'s status on Monday, 22-Apr-2024 23:09:44 JST Laffy

     in reply to

     11/ Recap, via Phang:

     Now, Judge Merchan announces his ruling from the bench on the People's Sandoval Notice:
     If Trump takes the stand the people can inquire about the following six determinations, in four separate proceedings: -Feb 16, 2024 he violated the law by fraudulently misstating the value of his assets -Oct 28, 2022 he failed to remove an untrue personally identifying post about law clerk and was fined $5000

     More..

   • Embed this notice
     Laffy (gottalaff@mastodon.social)'s status on Monday, 22-Apr-2024 23:09:44 JST Laffy

     in reply to

     12/ Phang, cont’d:

     -Oct 21, 2023 he intentionally violated court order by continually attacking court clerk & fine was $10,000 -Carroll v Trump the defendant defamed E. Jean Carroll by making false statements -Carroll v Trump II the defendant made false statements about Carroll with actual malice -NYAG v Trump Donald J Trump Foundation engaged in repeated and willful self dealing transactions

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     Laffy (gottalaff@mastodon.social)'s status on Monday, 22-Apr-2024 23:09:45 JST Laffy

     in reply to

     7/ Katie Phang:

     Re. Michael Cohen's testimony, Judge Merchan has drafted a limiting instruction to be read to the jury. Neither party objects to it.

     Judge Merchan then addressed the defense's renewed objection from last week regarding the introduction of the Access Hollywood transcript. He rules that he will not revisit the issue so the transcript will still be allowed to be used.

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     Laffy (gottalaff@mastodon.social)'s status on Monday, 22-Apr-2024 23:09:45 JST Laffy

     in reply to

     8/ Klasfeld:

     Trump can be confronted by the ruling against him NYAG's civil fraud case, the judge rules.

     This is IF he testifies.

     Trump also can be confronted with findings of his gag order violations in his civil fraud case, if he testifies, the judge rules.

     News:

     👉🏼Trump also can be confronted with two federal juries' findings that he defamed E. Jean Carroll, if he testifies, the judge rules.

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     Laffy (gottalaff@mastodon.social)'s status on Monday, 22-Apr-2024 23:09:45 JST Laffy

     in reply to

     9/ 😆 #WompWomp

     Orden:

     As Merchan is reading the list of prior findings that prosecutors can use to cross-examine Trump if he testifies, Trump is intermittently shaking his head.

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     Laffy (gottalaff@mastodon.social)'s status on Monday, 22-Apr-2024 23:09:46 JST Laffy

     in reply to

     3/ Orden:

     Colangelo says prosecution opening will take about 40 minutes. Blanche says he'll take about 25 mins. Court will end at 12:30 ET today to accommodate a juror who has an appointment.

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     Laffy (gottalaff@mastodon.social)'s status on Monday, 22-Apr-2024 23:09:46 JST Laffy

     in reply to

     4/ Whew!

     Orden:

     After questioning the juror in private, Merchan says the juror "is.going to remain with us. So that's not an issue."

   • Embed this notice
     Laffy (gottalaff@mastodon.social)'s status on Monday, 22-Apr-2024 23:09:46 JST Laffy

     in reply to

     5/ Katie Phang:

     Once again, no Trump family members in court today.

     Alvin Bragg is present, seated behind his team in the front row.

   • Embed this notice
     Laffy (gottalaff@mastodon.social)'s status on Monday, 22-Apr-2024 23:09:46 JST Laffy

     in reply to

     6/ Klasfeld, re: Sandoval rulings:

     Merchan recites the standard of balancing information relevant to Trump's credibility and avoiding undue prejudice.

     The judge notes he has a "wide range of discretion," under the law, to determine this balance.

   • Embed this notice
     Laffy (gottalaff@mastodon.social)'s status on Monday, 22-Apr-2024 23:09:47 JST Laffy

     in reply to

     2/ Via Inner City Press (AKA Press):

     Justice Merchan: Juror 9 has told us 👉🏼they are concerned about media attention. I suggested we speak with them in my chambers, I'm sorry, I mean my robing room. And suggest that not all of you come in.

     [At the defense table, Trump is sitting alone - Blanche, Emile Bove and Susan Necheles have gone into Justice Merchan's robing room, with prosecutors and Juror 9]

   • Embed this notice
     HistoPol (#HP) 🥥 🌴 (histopol@mastodon.social)'s status on Monday, 22-Apr-2024 23:14:54 JST HistoPol (#HP) 🥥 🌴

     in reply to

     @GottaLaff

     I do hope that #TFG's ego will, as always, prove too #narcissistic and gigantomaniac for him to keep his mouth shut. 😏

     Note:
     Need to order more 🍿 🍿 🍿, just in case. 😀

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     peachfront (peachfront@toot.community)'s status on Tuesday, 23-Apr-2024 00:57:34 JST peachfront

     in reply to

     • HistoPol (#HP) 🥥 🌴

     @HistoPol @GottaLaff

     (NFL)

     great minds think alike!!!

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     Laffy (gottalaff@mastodon.social)'s status on Tuesday, 23-Apr-2024 01:22:29 JST Laffy

     in reply to

     43/ Press:

     Prosecutor: 👉🏼The Defendant invited Pecker to the White House, to thank you.

     In January 2017, before the Defendant moved to DC, Cohen met with Allen Weiselberg, the CFO. They couldn't admit it was porn star payoff - Weiselberg asked for a bank statement

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     Laffy (gottalaff@mastodon.social)'s status on Tuesday, 23-Apr-2024 01:22:29 JST Laffy

     in reply to

     44/ Press:

     Prosecutor: So they purported to pay under a retainer agreement that didn't exist. In February 2017 Cohen went down to DC; they confirmed the plan. Then Cohen sent a fake invoice, and got a check. 👉🏼He did it 11 times

     Klasfeld:

     Colangelo:

     The Trump Org was "not in the practice of paying twice what they owed for anything."

     👉🏼That system "shows just how important it was" to Trump to "hide Mr. Cohen's illegal payment" to Daniels and the "overall election conspiracy" that they launched

     Crystal_Fish_Caves repeated this.
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     Laffy (gottalaff@mastodon.social)'s status on Tuesday, 23-Apr-2024 01:22:29 JST Laffy

     in reply to

     45/ Phang:

     👉🏼THIS: Colangelo says Trump Org couldn't cut Cohen a check with the memo line reading: "Reimbursement for porn star payoff."

     “So they agreed to cook the books” and made it look like the reimbursement to Cohen was actually income for services rendered.

     Cohen submitted fake invoices for reimbursement. Trump's accounting staff at Trump Tower processed every one of those fake invoices and recorded them in their ledgers falsely as legal services payments.

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     Laffy (gottalaff@mastodon.social)'s status on Tuesday, 23-Apr-2024 01:22:30 JST Laffy

     in reply to

     42/ Klasfeld:

     Colangelo notes a couple of loose ends after the election, like how to reimburse Michael Cohen for the Stormy Daniels payoff.

     Colangelo notes that nobody could pay Cohen back with a check that said "reimbursement for porn star payoff."

     "So they could agree to cook the books and make it look like the payment was income [...] for services rendered."

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     Laffy (gottalaff@mastodon.social)'s status on Tuesday, 23-Apr-2024 01:22:31 JST Laffy

     in reply to

     39/ orden:

     Trump pointed to something near Blanche, then Blanche handed him a post-it note. The two then whispered briefly.

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     Laffy (gottalaff@mastodon.social)'s status on Tuesday, 23-Apr-2024 01:22:31 JST Laffy

     in reply to

     40/ Klasfeld:

     The prosecutor on Daniels' hush money payoff:

     "Trump didn't want to write a check himself to write a $130,000 check himself."

     👉🏼So they figured out that Cohen would make the payment "through a shell company to make it harder to track," Colangelo says.

     👉🏼"It was election fraud, pure and simple."

     "We will never know, and it doesn't matter," if it changed the outcome.

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     Laffy (gottalaff@mastodon.social)'s status on Tuesday, 23-Apr-2024 01:22:31 JST Laffy

     in reply to

     41/ 👀 Press:

     Prosecutor: It was elections fraud, pure and simple. Trump was concerned. On Election Night, Keith Davidson texted the National Enquirer's Dylan Howard and asked, 👉🏼What have we done?

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     Laffy (gottalaff@mastodon.social)'s status on Tuesday, 23-Apr-2024 01:22:32 JST Laffy

     in reply to

     36/ Klasfeld:

     Colangelo takes out the transcript himself, reciting the infamous lines with even, prosecutorial delivery:

     👉🏼"You can do anything [...] Grab ’em by the pussy. You can do anything."

     👉🏼"They knew it was damaging not only because Trump bragged about sexual assault," but because it was on tape.

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     Laffy (gottalaff@mastodon.social)'s status on Tuesday, 23-Apr-2024 01:22:32 JST Laffy

     in reply to

     37/ Klasfeld:

     Colangelo:

     "The campaign went into immediate damage-control mode to blunt the impact of the tape."

     Trump called it "locker room talk," depicting it as "words," not "actions."

     Then, one day after the "Access Hollywood" tape was released, the campaign caught wind of Stormy Daniels' allegations.

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     Laffy (gottalaff@mastodon.social)'s status on Tuesday, 23-Apr-2024 01:22:32 JST Laffy

     in reply to

     38/ Press:

     Prosecutor: Trump said, Grab them by the p*ssy, you can do anything. Allies withdrew their endorsements. The Republican National Committee considered replacing him a month before election day.
     [At defense table, Trump whispers to his lawyer Blanche

     1 day after the Access Hollywood tape was published, AMI told Michael Cohen that Storm Daniels' lawyer Keith Davidson had another story about sexual infidelity, with a porn star. At Trump's direction, Cohen arranged to buy the story

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     Laffy (gottalaff@mastodon.social)'s status on Tuesday, 23-Apr-2024 01:22:33 JST Laffy

     in reply to

     33/ Klasfeld:

     Colangelo pivots to Trump's "hot mic" moment in the "Access Hollywood" tape:

     👉🏼Hope Hicks was sent a transcript of the tape, he says.

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     Laffy (gottalaff@mastodon.social)'s status on Tuesday, 23-Apr-2024 01:22:33 JST Laffy

     in reply to

     34/ Press:

     Prosecutor: 👉🏼You will hear the Defendant say, in his own voice, that they should pay in cash. Instead they paid as so-called advisory services. Pecker consulted with AMI's general counsel, then said AMI would eat the cost.

     A month before the election, the Washington Post published a video that turned the campaign upside down - on a hot mic on Access Hollywood. The Washington Post reporter emailed Hope Hicks with a transcript of 👉🏼Donald Trump bragging about sexual assaults

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     Laffy (gottalaff@mastodon.social)'s status on Tuesday, 23-Apr-2024 01:22:33 JST Laffy

     in reply to

     35/ Orden on the above:

     As he said that, Trump, not looking at Colangelo, shook his head.

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     Laffy (gottalaff@mastodon.social)'s status on Tuesday, 23-Apr-2024 01:22:34 JST Laffy

     in reply to

     31/ Press:

     Prosecutor: Howard told Cohen he thought the allegations were true. They all discussed it. Pecker agreed AMI would pay $150,000 for the story. AMI added other terms, Ms. McDougal would appear on the cover. But it was hush money

     👉🏼You will hear David Pecker testify about his conversations with Donald Trump about McDougal. But Trump didn't pay, and Pecker was frustrated. Cohen recorded a conversation with Donald Trump. You will here it. Cohen spoke with Allen Weiselberg

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     Laffy (gottalaff@mastodon.social)'s status on Tuesday, 23-Apr-2024 01:22:34 JST Laffy

     in reply to

     32/ #WompWomp

     Klasfeld:

     Colangelo:

     👉🏼"You'll hear the defendant's own voice, on tape, working out the intended agreement."

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     Laffy (gottalaff@mastodon.social)'s status on Tuesday, 23-Apr-2024 01:22:35 JST Laffy

     in reply to

     29/ Klasfeld:

     "The evidence will show that the defendant desperately did not want this information about Karen McDougal to become public" because he was concerned about how it would affect the election, Colangelo says.

   • Embed this notice
     Laffy (gottalaff@mastodon.social)'s status on Tuesday, 23-Apr-2024 01:22:35 JST Laffy

     in reply to

     30/ Klasfeld:

     "The evidence will show that the defendant desperately did not want this information about Karen McDougal to become public" because he was concerned about how it would affect the election, Colangelo says.

     "You will see the flurry of text messages, the barrage of phone calls" about the desire to silence Karen McDougal's story.

     David Pecker is reportedly set to be the first witness, and the prosecutor promises the jury that they will hear him testify.

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     Laffy (gottalaff@mastodon.social)'s status on Tuesday, 23-Apr-2024 01:22:36 JST Laffy

     in reply to

     28/ Klasfeld:

     When AMI determined later that Mr. Sajudin's allegations weren't even true, Cohen instructed Pecker to delay releasing him from the non-disclosure agreement until after the 2016 election, the prosecutor tells the jury.

     Next up: Karen McDougal.

     McDougal said that she had a romantic and sexual relationship with Trump, while he was married, that lasted for roughly a year.

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     Laffy (gottalaff@mastodon.social)'s status on Tuesday, 23-Apr-2024 01:22:37 JST Laffy

     in reply to

     25/ Bower:

     Coangelo on alleged conspiracy:

     Soon after Trump announced his run for President, he asked David Pecker—the CEO of AMI, the parent company of the National Enquirer—to meet with him. Also at the meeting was attorney Michael Cohen.

     Cohen, Pecker, Trump, “struck an agreement" at that meeting, the prosecution says.

     They agreed that Pecker would help campaign by acting as the "eyes and ears" of the Trump campaign to gather info harmful to Trump, which would then be reported to Cohen.

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     Laffy (gottalaff@mastodon.social)'s status on Tuesday, 23-Apr-2024 01:22:37 JST Laffy

     in reply to

     26/ PLEASE NOTE:

     If there are typos, they’re not mine.

     I’m copying/pasting a number of reporters from 2 different platforms.

     I do not have time to go back and correct.

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     Laffy (gottalaff@mastodon.social)'s status on Tuesday, 23-Apr-2024 01:22:37 JST Laffy

     in reply to

     27/ Klasfeld:

     The prosecutor describes three "catch-and-kill" operations.

     The first payoff went to Dino Sajudin, who had been hawking a false story that Trump fathered a child out-of-wedlock.

     Pecker was acting, in that scheme, had been acting as a "co-conspirator," Colangelo says.

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     Laffy (gottalaff@mastodon.social)'s status on Tuesday, 23-Apr-2024 01:22:38 JST Laffy

     in reply to

     24/ Klasfeld:

     Colangelo describes the conspiracy with AMI as having three parts:

     1) to run positive coverage.
     2) to attack opponents
     3) be "eyes and ears" of the campaign.

     He says that last prong of the conspiracy falls under the rubric of "catch-and-kill."

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     Laffy (gottalaff@mastodon.social)'s status on Tuesday, 23-Apr-2024 01:22:39 JST Laffy

     in reply to

     23/ Klasfeld:

     Pecker would act as the "eyes and ears" of the campaign to gather info that might be harmful to Trump's candidacy.

     AMI would also use its publications and magazines to publish stories flattering to Trump.

     "The National Enquirer ran headline after headline that extolled the defendant's virtues," ones that Pecker specifically instructed.

     "The National Enquirer also ran stories attacking Mr. Trump's political opponents," including against Ben Carson and Ted Cruz.

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     Laffy (gottalaff@mastodon.social)'s status on Tuesday, 23-Apr-2024 01:22:40 JST Laffy

     in reply to

     20/ Press:

     Prosecutor: The scheme began. The Defendant met with David Pecker, with Michael Cohen there. They conspired to conceal negative information about Mr. Trump. Michael Cohen paid $130,000 to Stormy Daniels to silence her

     The Defendant claimed the payments to Michael Cohen were for legal services. That was a lie. The Defendant falsified 34 business records. He was indicted. Falsified were invoices, voucher entries and payment checks with check stubs

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     Laffy (gottalaff@mastodon.social)'s status on Tuesday, 23-Apr-2024 01:22:40 JST Laffy

     in reply to

     21/ Klasfeld:

     Prosecutor Matthew Colangelo's first line:

     👉🏼"This case is about a criminal conspiracy and a cover-up."

     👉🏼The purpose of this conspiracy, the prosecutor says, was to influence the 2016 presidential election.

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     Laffy (gottalaff@mastodon.social)'s status on Tuesday, 23-Apr-2024 01:22:40 JST Laffy

     in reply to

     22/ Klasfeld:

     As "one part" of the agreement, Michael Cohen paid Stormy Daniels $130,000 to "silence her and to make sure the public did not learn about a sexual encounter with the defendant."

     Colangelo pivots to the Trump Tower meeting with Trump, Cohen, and David Pecker, the CEO of AMI, the National Enquirer's parent company.

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     Laffy (gottalaff@mastodon.social)'s status on Tuesday, 23-Apr-2024 01:22:41 JST Laffy

     in reply to

     17/ Bower:

     Merchan explains the life cycle of a case: Opening statements, presentation of evidence, and closing arguments or "summations." He explains that the parties are not permitted to comment on or make argument about the evidence & witness testimony until closing arguments.

   • Embed this notice
     Laffy (gottalaff@mastodon.social)'s status on Tuesday, 23-Apr-2024 01:22:41 JST Laffy

     in reply to

     18/ Klasfeld:

     Merchan explains that alternate jurors do not know at this time whether they will be asked to substitute for someone on the 12-person panel.

     erica orden:

     As Merchan instructs the jurors, various jurors are nodding their heads in understanding.

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     Laffy (gottalaff@mastodon.social)'s status on Tuesday, 23-Apr-2024 01:22:41 JST Laffy

     in reply to

     19 Katie Phang:

     The jurors are advised that they can take notes, if they so choose. The notes cannot be a distraction, though, for them during the trial. The notes are to refresh their recollection and are for that juror's own personal use.

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     Laffy (gottalaff@mastodon.social)'s status on Tuesday, 23-Apr-2024 01:22:42 JST Laffy

     in reply to

     16/ Bower:

     Merchan explains that the prosecution bears the burden of proof--beyond a reasonable doubt.

     If the people satisfy their burden of proof, you must find the defendant guilty, he says.

     Your decision must not be based on speculation, bias, or prejudice, Merchan continues.

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     HistoPol (#HP) 🥥 🌴 (histopol@mastodon.social)'s status on Tuesday, 23-Apr-2024 04:46:44 JST HistoPol (#HP) 🥥 🌴

     in reply to

     • peachfront
     • M.S. Bellows, Jr.

     @peachfront

     #Taxes

     Actually, US taxlaw isn't that peculiar in this aspect. Other countries have similar provisions. Why should criminal commercial activity be tax-free? OFC not. The criminal penalties come on top. 👍

     In countries (e.g.those of the #EU) that have a value-added tax, the surcharge is even nicer (on top):

     the gross turnover is divided by somwhere b/w 105-130%. The difference b/w the gross turnover and that value constitutes the VAT =100% additional tax. 😀
     @msbellows @GottaLaff

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     peachfront (peachfront@toot.community)'s status on Tuesday, 23-Apr-2024 04:46:46 JST peachfront

     in reply to

     • M.S. Bellows, Jr.

     @msbellows @GottaLaff

     i'm gonna say no overpayment of income is due to Cohen

     income from criminal activity is still taxable at the regular rates for earned income

     US tax law is weird...

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     Laffy (gottalaff@mastodon.social)'s status on Tuesday, 23-Apr-2024 04:46:48 JST Laffy

     in reply to

     49/ Press:

     Prosecutor: When it became public, Michael Cohen lied. He has a criminal record. Cohen will testify that he pled guilty and went to jail, for the Karen McDougal payoff, and Storm Daniels. Also tax fraud and laying to a bank and Congress

     Cohen's testimony is backed up w other witnesses: David Pecker and Keith Davidson. We have records and will show them to you, sometimes at length. This is about a criminal conspiracy and a cover up. 👉🏼We are confident you will have no reasonable doubt

   • Embed this notice
     M.S. Bellows, Jr. (msbellows@c.im)'s status on Tuesday, 23-Apr-2024 04:46:48 JST M.S. Bellows, Jr.

     in reply to

     @GottaLaff NFL: I wonder whether Cohen ever filed an amended tax return saying those payments *weren't* income and asking for a refund of overpaid income tax. :-)

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     Laffy (gottalaff@mastodon.social)'s status on Tuesday, 23-Apr-2024 04:46:49 JST Laffy

     in reply to

     48/ Press:

     Prosecutor: They doubled it, for Cohen to pay taxes on it. They added another $60,000 as a year end bonus. Allen Weiselberg wrote it all down; Trump approved it. You will see that Donald Trump was frugal - but not in this case. This might be the only time

     So they purported to pay under a retainer agreement that didn't exist. In February 2017 Cohen went down to DC; they confirmed the plan. Then Cohen sent a fake invoice, and got a check. He did it 11 times.

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     Laffy (gottalaff@mastodon.social)'s status on Tuesday, 23-Apr-2024 04:46:50 JST Laffy

     in reply to

     46/ Phang:

     👉🏼The first 2 checks were paid from the Donald J. Trump Revocable Trust. Trump was the beneficiary of that trust.

     The remaining checks were paid from Trump's personal bank accounts and Trump signed those checks himself while he was President.

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     Laffy (gottalaff@mastodon.social)'s status on Tuesday, 23-Apr-2024 04:46:50 JST Laffy

     in reply to

     47/ Backing up a little. Via Emptywheel:

     Note, we've known this since 2018. It may be one of several reasons why Cohen didn't get the pardon deal that Stone and Manafort got. (Stone kept a similar CYA file -- written notes of his calls with Trump in 2016; it's not clear that prosecutors ever got them.)

     Klasfeld:

     Colangelo says Cohen taped a phone call about silencing McDougal's account:

     "You will get a chance to hear that recording during this trial."