Northeast
Key Trump witness nixed after Merchan's stringent rulings reveals what his testimony would have been
Jury dismissed after Trump defense rests
Fox News’ Trey Gowdy breaks down the final day of testimony in the NY v. Trump trial as jurors were dismissed without hearing from the former president on the witness stand.
Former President Trump’s legal team was slated to call on a former commissioner of the Federal Election Commission to testify in the NY v. Trump case, but the expert’s testimony was not heard after the presiding judge curbed the scope of what he could discuss before the jury.
“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,” former FEC Commissioner Bradley Smith posted on X on Monday.
“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.’ Picture a jury in a product liability case trying to figure out if a complex machine was negligently designed, based only on a boilerplate recitation of the general definition of ‘negligence.’ They’d be lost without knowing technology & industry norms,” he continued.
Smith is an election law expert who Trump has called the “Rolls-Royce” of experts in his field, but he will not testify after Judge Juan Merchan ruled that Smith could speak before the court on the basic definitions surrounding election law but not expand beyond that scope.
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Former President Trump sits in the courtroom during his trial at Manhattan Criminal Court in New York City on May 21, 2024. (Michael M. Santiago/Getty Images)
Trump was charged with 34 counts of falsifying business records in the first degree in the case. Manhattan District Attorney Alvin Bragg must prove to the jury that not only did Trump falsify the business records related to payments to former porn actress Stormy Daniels but that he did so in furtherance of another crime: conspiracy to promote or prevent election.
Smith served as an FEC commissioner and chair between 2000 and 2005. The FEC is the U.S. agency dedicated to enforcing campaign finance laws. His testimony was slated to shed light on prosecutors’ allegations that Trump falsified business records, which is a misdemeanor that has already passed the statute of limitations, in order to cover up an election violation.
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Smith wrote on social media that while the prosecution’s star witness, Michael Cohen, was allowed to go “on at length about whether and how his activity violated” the Federal Election Campaign Act (FECA), he was barred from broadening the scope of his previously anticipated testimony, which “effectively” led to the jury getting “its instructions on FECA from Michael Cohen!”
Bradley Smith was supposed to be a defense witness in the NY v. Trump case. (Douglas Graham/Roll Call/Getty Images/File)
Smith spoke with the Washington Examiner on Monday and discussed what he would have said in court if he testified.
“Judges instruct the juries on the law,” Smith told the outlet. “And they don’t want a battle of competing experts saying here’s what the law is. They feel it’s their province to make that determination. The problem, of course, is that campaign finance law is extremely complex and just reading the statute to people isn’t really going to help them very much.”
Smith said he anticipated “to lay out the ways the law has been interpreted in ways that might not be obvious” while noting election laws are very complicated matters.
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Michael Cohen is questioned by prosecutor Susan Hoffinger on redirect during former President Trump’s criminal trial in New York City on May 20, 2024. (Reuters/Jane Rosenberg)
“You read the law, and it says that anything intended for the purpose of influencing an election is a contribution or an expenditure,” Smith said. “But that’s not in fact the entirety of the law. There is the obscure, and separate from the definitional part, idea of personal use, which is a separate part of the law that says you can’t divert campaign funds to personal use. That has a number of specific prohibitions, like you can’t buy a country club membership, you can’t normally pay yourself a salary or living expenses, you can’t go on vacation, all these kinds of things. And then it includes a broader, general prohibition that says you can’t divert [campaign funds] to any obligation that would exist even if you were not running for office.”
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“We would have liked to flag that exception for the jury and talk a little bit about what it means,” Smith said. “And also, we would have talked about ‘for the purpose of influencing an election’ is not a subjective test, like, ‘What was my intention?’ It’s an objective test.”
Michael Cohen and former President Trump (Getty Images)
The case surrounding Trump’s payments is one that both the Justice Department and FEC rejected to prosecute in recent years. The Justice Department in 2019 “effectively concluded” its investigation into Trump’s payments. While in 2021, the Federal Elections Commission announced that it had dropped a case looking into whether Trump had violated election laws for the payment to Daniels.
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Smith has previously joined Fox News, where he also noted that the “Federal Election Commission chose not to act on this.”
Bradley Smith testifies during a House subcommittee hearing on lobbying reform on March 1, 2007. (Bill Clark/Roll Call/Getty Images)
“DA Bragg in this case waited, I think it was almost a year, before even bringing the charges. And I think that’s because the charges were flimsy. And as you point out, they’ve been, you know, the prior DA had said, ‘No, we’re not going to bring this.’ The DOJ said no. The Federal Election Commission said no. And when he got increased political pressure, he brought the case,” Smith told Fox News host Mark Levin earlier this year before the trial kicked off.
Smith also wrote an opinion piece published by The Federalist last month, when the trial kicked off, arguing that Bragg’s office had “one big problem” with the case.
Former President Trump sits in the courtroom in New York City on May 21, 2024. (Michael M. Santiago/Getty Images)
“The [prosecution’s] theory is that Trump’s payments to Daniels were campaign expenditures and thus needed to be publicly reported as such. By not reporting the expenditure, the theory goes, Trump prevented the public from knowing information that might have influenced their votes,” he wrote in the opinion piece.
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“There is one big problem with this theory: The payments to Daniels were not campaign payments.”
He said political candidates frequently act in ways that could be interpreted as serving a “purpose of influencing an election,” that politicians could get their teeth whitened or buy a new suit with campaign funds to look snappy on the campaign trail.
Rhona Graff testifies as former President Trump watches during his criminal trial in New York City on April 26, 2024. (Reuters/Jane Rosenberg)
“That’s because, in campaign finance law, these types of expenditures are known as ‘personal use.’ FECA specifically prohibits the conversion of campaign funds to personal use, defined as any expenditure ‘used to fulfill any commitment, obligation, or expense that would exist irrespective of the candidate’s election campaign,’” he wrote.
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Smith continued on X on Tuesday that Bragg’s case hinges on prosecutors proving that Trump tried to influence an election through “unlawful means,” but the office has to rely on their own evidence as the DOJ and FEC both denied pursuing the case.
Judge Juan Merchan (AP Photos/File)
“If that’s the case, isn’t it entirely relevant (not dispositive, but relevant) to the jury’s fact-finding on that question that neither DOJ nor FEC chose to prosecute? But Judge Merchan won’t allow that in,” he wrote. “He will, though, allow in numerous references to Cohen’s guilty plea, and allow Cohen to testify as to how he thinks he and Trump violated FECA – though it appears that Cohen is a dunce about campaign finance laws.”
The defense team rested Tuesday, with Merchan dismissing the jury until after Memorial Day. Closing arguments are anticipated to kick off next Tuesday following the holiday.
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Boston, MA
Boston City Council deadlocks on push to reject Mayor Wu’s $4.9B budget
The Boston City Council deadlocked on a call to reject Mayor Michelle Wu’s proposed $4.9 billion budget, killing a bid from some councilors to put pressure on Wu to increase spending in a way that would prevent painful cuts.
Councilor Brian Worrell, the Ways and Means chair last term, called for the Council to reject the mayor’s budget on Wednesday — going against the recommendation of Councilor Ben Weber, the Ways and Means chair this term, who sought to keep the budget in committee for further discussion.
“For me, this is about whether the Council will use all the tools that we have before us to fight for what we’ve heard over the course of a month and a half,” Worrell said. “Residents have been clear they do not want fewer youth jobs, less housing support, or cuts to food justice, arts and culture, veteran services, age strong or the complete defunding of human rights.
“While services are being cut, homeowners are still facing double-digit property tax increases. People are being asked to pay more and get less, and that is a hard message to defend,” Worrell added. “The public came here asking us to use our power today. Using our power means sending this budget back and asking for a stronger one.”
Worrell’s call came after Mayor Wu issued a rebuke to councilors considering voting down her budget last Thursday, saying she would not increase spending and that requests for her to do so were “fiscally irresponsible.”
Weber, an ally of the mayor, cited the mayor’s comments when speaking against the effort to reject the budget, saying that the Council risks having Wu come back with a reduced spending plan due to lower state aid projections than initially anticipated, and losing its ability to amend the mayor’s budget.
The Council has the authority to amend, but not increase the overall budget, by moving money around between or within departments. Weber said the Council should stick to the amendment process, rather than look to “artificially inflate” revenue or spend from the city’s $1.7 billion reserve fund.
“The mayor’s made it clear that she will just resubmit the budget or a smaller one because state aid is less than expected,” Weber said. “Unlike under Menino or Flynn or White, the mayor doesn’t need our support. It is our job, if we have a problem with the budget, to amend it and override her vetoes if we have nine votes.
“So, a rejection now would be a gesture, just one with potentially serious consequences, and the hard work will still remain for us to do one week from now,” Weber said. “I deeply respect the advocates who have helped come up with these ideas, and I share the same goal — restore as much of the grant funding as possible — but I don’t want that to come at the expense of our financial future.”
Worrell argued that rejecting the budget early on would still allow the Council to go through the amendment process, given that the body has until June 10 to submit its amendment package to the mayor for consideration.
“We don’t lose anything by rejecting this budget,” Worrell said. “I don’t know what the mayor will do, but there’s an opportunity for all of us working together to make this budget better, and the only way that the mayor can help out in that process is if we send it back.”
Ultimately, Worrell’s call for a vote to reject the budget failed, as he needed a two-thirds majority, or nine votes, to allow the matter to be taken up.
The Council deadlocked, 6-6, to allow Worrell’s motion to reject the budget to come to a vote, in a split that’s become common this term, between Wu’s council allies and others who are either critics of the mayor or aren’t necessarily Wu allies.
Lining up behind Worrell were Councilors Miniard Culpepper, John FitzGerald, Ed Flynn, Julia Mejia, and Erin Murphy. Backing Weber were Council President Liz Breadon and Councilors Sharon Durkan, Ruthzee Louijeune, Enrique Pepén, and Henry Santana. Gabriela Coletta Zapata was absent.
The vote to block the matter from official consideration came after more than an hour of debate.
All councilors, depending on where they stood on the vote, expressed concern about the cuts that have been proposed in the mayor’s budget, which Worrell cited when urging his colleagues to vote it down.
“No one has got up and said this is a good budget, but we can’t get to nine to reject what everyone has said,” Worrell said.
Durkan said her vote was about “fiscal responsibility.”
“I can see places for cuts, and I can see places for restoration,” Durkan said.
FitzGerald, on the other hand, said his vote was about looking out for the financial future of the city.
“The City of Boston is on shaky financial ground, and the projections that we see … show even less and less growth and even less and less revenue,” FitzGerald said. “It is our duty to apply pressure to the administration when we see that the City of Boston is trending in the wrong direction.
“I’m taking a long-term view here and saying that if we don’t put the pressure to change the underlying things, we will continue to deal with this,” Fitzgerald added. “The amendment process is only going to get harder in years to come, because every department is going to be on life support and pulling from one might actually kill it, and that’s what this body is tasked to do.”
Weber said the Council should find a way to make the mayor’s budget work, with the funding that’s already been proposed.
“We all have tough choices to make,” Weber said. “If the mayor on her own was trying to increase revenues artificially and spend down the reserves, I hope we would do everything we could to stop her from doing that. Just asking her to do that is not what I want to see in our city.
“We have $4.9 billion,” Weber said. “Let’s use it to provide the benefits our residents are asking for.”
Pittsburg, PA
As Pittsburgh Public Schools closure vote nears, board members aim for more transparency
It was pure déjà vu at the Pittsburgh Public Schools board meeting on Wednesday night.
District leaders are again deciding whether to close nine school buildings and reconfigure many more — a plan administrators failed to get board support for last fall. PPS board members are slated to take up another vote on the plan next week.
“We’ve had some conversations, we’ve had some decisions, but the plan that we’re voting on next week looks much like the same plan that we voted on in November,” said District 2 director Devon Taliaferro. “That still sits as a concern with me.”
If passed, the plan would permanently close seven buildings at the end of the 2026-2027 school year: Manchester K-8, Schiller 6-8, Friendship PreK-5 (Montessori), Fulton PreK-5, Miller African-Centered Academy, Woolslair PreK-5 and the Student Achievement Center.
Two more buildings, Spring Hill K-5 and the primary school at Morrow K-8, would close at the end of the 2028-2029 school year once renovations to reopen Northview PreK-5 in Northview Heights are complete.
Morrow’s K-5 program would remain intact, and the district plans to move Schiller’s STEAM-focused, middle school programming to Allegheny Traditional Academy, also on the city’s North Side. Officials also want to relocate the Montessori program to Linden PreK-5 in Point Breeze.
The rest of the schools on the closure list, however, would be dissolved, setting in motion a cascading series of school mergers, feeder pattern shifts and programmatic changes.
If passed, the plan would set in motion the permanent closing of nine aging buildings for the 2027-2028 school year.
With many moving pieces and calls for more transparency, board vice president Yael Silk suggested that PPS hold quarterly updates as administrators implement the plan.
“There have been lots of questions, both from board members and also from community members, and the answer has often been [that] those answers will come once we’re in the implementation phase,” Silk said. “So I also see this as a clear promise to the community that, should this resolution pass, that we as a board will have a process in place for regular updates.”
Director Emma Yourd echoed those concerns, calling for the establishment of a temporary committee tasked with scheduling and communicating these updates.
Taliaferro said that while those amendments to the closure resolution would be helpful, they may not be significant enough changes to sway her vote.
She also urged the district to be more transparent about how it plans to utilize the buildings slated for closure. Five of the nine buildings on the closure list are located in Taliaferro’s district.
“And what I don’t want to see is that the buildings just sit there,” she said. “Although we have to still maintain those spaces at the bare minimum, they still become eyesores in [the] community.”
Taliaferro also raised concerns that selling the buildings without caution could leave room for new charter schools to sprout up in their place.
Several PPS buildings closed in the past two decades now house charter schools. On the North Side, Propel operates a K-8 school out of the former PPS Columbus Middle School. In Hazelwood, the charter network has taken over the former Burgwin Elementary School.
Kids at Environmental Charter School walk through the same halls that Regent Square Elementary School and Rogers Middle School students walked before their buildings closed in 2004 and 2009, respectively.
“My concern is that that can hit us later on down the road, should a charter school end up in one of those buildings, and now we are, um, paying for charter tuition in a building that we closed because we put no thought into what happens with those spaces,” Taliaferro said.
Board members will vote next Wednesday on whether to move forward with the closures.
Connecticut
Connecticut state colleges board meets on interim chancellor search
(WFSB) – The Connecticut State Colleges and Universities Board of Regents met to discuss the search for an interim chancellor.
The meeting lasted about an hour and a half, with nearly the entire time spent in executive session. Before the board adjourned, they said no action was taken that needed to be publicly addressed.
The board elected a temporary chair who almost immediately moved to make the discussion private.
“The board will now go into executive session to discuss preliminary drafts and notes as well as personnel matters,” said Ari Santiago, Board of Regents, Connecticut State Colleges and Universities.
The meeting comes after the former chancellor, his replacement and the board chair stepped down in the last year amid controversies.
Last spring, former Chancellor Terrence Cheng was made a special advisor to the board after a state audit found thousands of dollars worth of questionable spending like travel and entertainment.
John Maduko was then named interim chancellor. Last month, he was put on administrative leave and then resigned. Documents obtained found Maduko was under investigation for sexual harassment.
This week, Board of Regents Chair Marty Guay resigned. In the complaint filed against Maduko, a woman says she did not report the harassment sooner because she says Guay told her he previously fired a woman for filing a sexual assault complaint.
Karen Bufkin, CSCU’s general counsel, is currently leading the system. She was part of the meeting.
Governor Ned Lamont says he plans to appoint a new chair for the Board of Regents by the end of this week.
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