Podcasts > Rachel Maddow Presents: Déjà News > 'What have we done?': Lawrence examines shocking Trump evidence revealed in trial

'What have we done?': Lawrence examines shocking Trump evidence revealed in trial

By Rachel Maddow

The "Rachel Maddow Presents: Déjà News" podcast examines the evidence presented in the Donald Trump trial regarding an alleged scheme to pay hush money to adult film actress Stormy Daniels. The summary details the prosecution's claims that Trump circumvented campaign finance laws by arranging payment to Daniels through Essential Consulting to suppress a story about their affair before the 2016 election.

It covers the recorded evidence of Trump discussing the payment arrangements, the prosecution's assertion that the payments were falsely recorded as legal fees, and Trump's defense arguing that the payments were valid retainer fees. The podcast breaks down the prosecution's narrative of "election fraud" against the former president's claims.

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'What have we done?': Lawrence examines shocking Trump evidence revealed in trial

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'What have we done?': Lawrence examines shocking Trump evidence revealed in trial

1-Page Summary

Donald Trump as defendant

According to the prosecution, Donald Trump, whose tendency is to speak out of turn, faces the foreign environment of the courtroom where he must restrain himself.

Stormy Daniels affair to influence election

The prosecution details how an affair between Trump and adult film actress Stormy Daniels led to efforts to suppress her story before the 2016 presidential election.

Daniels paid $130k to stay quiet before 2016 election

Trump's lawyer admitted to paying Daniels $130,000 shortly before the election to protect Trump's image, as revealed by the prosecution. This payment came one day after the Access Hollywood tape surfaced.

Violated campaign finance law through illegal scheme

Central to the case is the prosecution's assertion that the Daniels payment circumvented campaign finance laws. Law experts note the hasty establishment of Essential Consulting to facilitate the payment.

Evidence shows Trump's team falsely recorded the payments as legal fees, including handwritten notes from Allen Weisselberg and audio of Trump discussing payment arrangements.

Prosecution's strong evidence

According to prosecutors, Weisselberg's notes outline the payment scheme, calling it "election fraud." Audio also captures Trump planning the "hush money" payment, countering claims it was for legal services.

Trump's weak defense

Trump's defense struggles against the prosecution's narrative, claiming the payments were legal retainer fees and denying the affair occurred. They also argue influencing an election isn't necessarily illegal.

1-Page Summary

Additional Materials

Clarifications

  • Essential Consulting was a company established to facilitate the payment to Stormy Daniels. It played a crucial role in processing the $130,000 payment to Daniels before the 2016 election. The prosecution alleges that this payment was made to suppress information that could have affected the election. Essential Consulting's involvement is central to the prosecution's argument that campaign finance laws were violated.
  • Allen Weisselberg is a key figure in the case against Donald Trump due to his role as the Chief Financial Officer of the Trump Organization. He is significant because he was involved in the financial aspects of the alleged hush money payment to Stormy Daniels and is said to have made notes outlining the payment scheme. Weisselberg's notes and potential testimony are crucial pieces of evidence for the prosecution in establishing the illegal nature of the payments and their connection to the 2016 election.
  • The Access Hollywood tape was a recording from 2005 where Donald Trump made lewd comments about women. The tape resurfaced in 2016, causing controversy during the presidential campaign. The payment to Stormy Daniels occurred shortly after the tape's release, suggesting a connection between the scandal and efforts to suppress negative information. This sequence of events raised questions about the timing and motivations behind the payment.

Counterarguments

  • The courtroom requires all participants to restrain themselves, not just Trump; his tendency to speak out of turn may not be as significant if he adheres to courtroom decorum.
  • The affair with Stormy Daniels and subsequent payment could be interpreted as a private matter, separate from campaign activities.
  • The payment to Daniels, while admitted by Trump's lawyer, might be argued as a personal expense unrelated to the campaign, thus not a campaign finance violation.
  • The establishment of Essential Consulting for the payment could be defended as a legal and common practice for handling confidential agreements.
  • The recording of payments as legal fees might be justified if there were legitimate legal services provided in addition to the nondisclosure agreement.
  • Weisselberg's notes and the characterization of the payment scheme as "election fraud" could be contested as his personal opinion rather than a legal conclusion.
  • The audio of Trump discussing payment arrangements could be interpreted in different contexts and may not conclusively prove the intent to violate campaign finance laws.
  • The defense's claim that the payments were legal retainer fees could be supported by evidence of ongoing legal services beyond the nondisclosure agreement.
  • The argument that influencing an election isn't necessarily illegal could be substantiated by legal precedents where certain actions intended to influence an election were deemed lawful.

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'What have we done?': Lawrence examines shocking Trump evidence revealed in trial

Donald Trump as defendant

Donald Trump, typically commanding and unruly, confronts the alien environment of the courtroom, a place that quashes his tendency to speak out of turn.

Stormy Daniels affair to influence election

The details surrounding the affair with adult film actress Stormy Daniels unfold, revealing the lengths taken to suppress her story as the 2016 presidential election loomed.

Daniels paid $130k to stay quiet before 2016 election

It’s brought to light that Donald Trump’s criminal defense lawyer acknowledged the payment made to Daniels, a precautionary move to protect Trump’s image from scandal mere days before the crucial election. The prosecution pinpoints the critical timing of Daniels' demand for payment, which occurred one day after the Access Hollywood tape surfaced.

Violated campaign finance law through illegal scheme

Central to the prosecution's case is portraying the payments received by Daniels as part of an illicit scheme to circumvent campaign finance laws. Law experts point out that these transactions were deliberately hidden and had to happen hastily when Essential Consulting was established for this very purpose.

The prosecution unveils a meticulously detailed payment scheme. This is bolstered by handwritten notes from Allen Weisselberg and a tape recording where Trump is heard discussing the payment arrangements, countering the defense's claim that these payments were purely for legal services.

Prosecution's strong evidence

Evidence amasses against Trump as Weisselberg's written instructions unveil the involvement in the payment scheme, and audio is presented in which Trump seems to be planning the hush money payment.

Weisselberg's written instructions for scheme

Prosecutors bring to the surface written evidence from Weisselberg, outlining how the payment worked and tags it as "election fraud, pure and simple.”

Trump heard planning hush money on tapes

Backing the claims against Trump, a notable piece of evidence is an audio recording where Trump inquires about making the payment in cash – a stark contrast to his position that the arrangement was solely for legal services.

Trump's weak defense

Trump's d ...

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Donald Trump as defendant

Additional Materials

Clarifications

  • Essential Consulting was a company established to facilitate payments to Stormy Daniels. It played a crucial role in the alleged scheme to conceal the true nature of the payments. The prosecution argues that these transactions were intentionally obscured through Essential Consulting. The company's creation and involvement are key points in the case against Donald Trump.
  • Allen Weisselberg is a key figure in the case due to his role as the CFO of the Trump Organization. He is significant because he was involved in the payment scheme to Stormy Daniels, as evidenced by written instructions he provided. Weisselberg's actions and knowledge of the financial transactions are crucial pieces of evidence against Donald Trump in the prosecution's case. His cooperation and testimony could potentially strengthen the prosecution's argument regarding the alleged campaign finance violations.
  • The Access Hollywood tape was a recording from 2005 where Donald Trump made lewd comments about women. It became public in October 2016, causing significant controversy during the presidential campaign. Stormy Daniels demanded payment from Trump shortly after the tape's release, suggesting a potential link between the scandal and the hush money payment.
  • Todd Blanche's argument about influencing ...

Counterarguments

  • The courtroom environment is designed to maintain order and fairness, and any individual, regardless of their usual demeanor, is expected to adhere to its protocols.
  • The payment to Stormy Daniels, while timed before the election, could be argued as a personal matter unrelated to campaign finance.
  • The legality of the payment to Daniels could be debated based on whether it was truly a campaign expense or a personal matter to protect Trump's reputation.
  • The recording of payments as legal services might be justified if there were legitimate legal services provided alongside the alleged hush money arrangement.
  • Evidence such as Weisselberg's written instructions could potentially be interpreted in different contexts, and the defense might argue that these instructions were not indicative of an illegal scheme.
  • Audio recordings can sometimes be ambiguous, and the defense might argue that the content of the recording does not conclusively prove the intent to violate campaign finance laws.
  • The defense's claim that the payments were for legal services could b ...

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'What have we done?': Lawrence examines shocking Trump evidence revealed in trial

Trump violating gag order

Donald Trump has come under scrutiny for attacking the jury in an ongoing legal case, which stands as a direct violation of a gag order imposed on him.

Attacks jury's assumed politics

Trump falsely claimed that the jury was composed of 95 percent Democrats, a statement unrooted in fact given that the demographics of Manhattan do not reflect such a political makeup. This assertion not only attacks the jury's assumed political affiliations but also served as a defiant act against the gag order, which could have serious legal repercussions.

Puts jurors' safety at risk

The prosecution, recognizing the severity of Trump's action, has requested a $1,000 fine for each violation of the gag order. Additionally, they have warned Trump that further violations could potentially lead to up to 30 days in jail. Judge Marchand's primary concern in this matter is the privacy and safety of the jury members. Their role in the judiciary process is to be safeguarded since serving on a jury is a public service and securing their safety is of utmost importance.

An alternate juror has already expressed feelings of fear and uncertainty about their capacity to continue serving, due in part to the increased public scrutiny and potential ramifications stemming from the case. The concerns run de ...

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Trump violating gag order

Additional Materials

Clarifications

  • A gag order is a legal directive that restricts the disclosure of certain information to the public or unauthorized parties. It is often used to maintain the integrity of legal proceedings, protect the privacy of individuals involved, or prevent prejudicial publicity. Violating a gag order can lead to legal consequences, such as fines or even imprisonment. Gag orders are intended to ensure a fair trial and safeguard the rights of those involved in legal cases.
  • Manhattan's demographics include a diverse population with significant representation from various racial and ethnic groups such as White, Hispanic, Asian, and Black residents. The composition of Manhattan's population has evolved over time, with changes in the size and proportion of different racial groups between the 2010 and 2020 censuses. Understanding the demographics of Manhattan helps provide context for discussions involving the political makeup of juries or communities within the borough.
  • The composition of a jury typically involves a group of individuals selected to hear and decide on a legal case. Jurors are chosen from a pool of eligible citizens and are expected to be impartial and unbiased. The demographic makeup of a jury can vary but is generally intended to represent a fair cross-section of the community where the trial is taking place. In this case, the concern raised was about the accuracy of Trump's claim regarding the political affiliations of the jury members.
  • Violating a gag order in a legal case can lead to serious consequences such as fines or even jail time. Gag orders are court orders that restrict the parties involved from discussing certain aspects of the case publicly. By disregarding a gag order, individuals risk undermining the fairness of the legal process and potentially influencing the outcome of the case. The purpose of a gag order is to protect the integrity of the legal proceedings and ensure a fair trial for all parties involved.
  • Trump's comments may serve a strategic purpose by attempting to influence the composition of the jury. By making controversial statements about the jurors' political affiliations, he could be trying to intimidate or dissuade potential jurors from participating in the trial. This strategic move could potentially impact the outcome of the legal case by shaping the jury pool in a ...

Counterarguments

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