Connect with us

Northeast

Key Trump witness nixed after Merchan's stringent rulings reveals what his testimony would have been

Published

on

Key Trump witness nixed after Merchan's stringent rulings reveals what his testimony would have been

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. 

Advertisement

NY V TRUMP: HOUSE JUDICIARY INVESTIGATES BRAGG PROSECUTOR WHO HELD SENIOR ROLE IN BIDEN DOJ

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.

TRUMP PROSECUTOR QUIT TOP DOJ POST FOR LOWLY NY JOB IN LIKELY BID TO ‘GET’ FORMER PRESIDENT, EXPERT SAYS

Advertisement

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. 

Advertisement

9 QUESTIONS ABOUT TRUMP TRIAL, ANSWERED

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.”

COHEN’S BOMBSHELL ADMISSION COULD LEAD TO HUNG JURY, IF NOT ACQUITTAL: EXPERT

“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.”

Advertisement

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.

JIM JORDAN DEMANDS NY AG HAND OVER DOCUMENTS RELATED TO FORMER DOJ OFFICIAL AT HEART OF NY V TRUMP

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)

Advertisement

“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. 

NY PROSECUTORS REVEAL ‘ANOTHER CRIME’ TRUMP ALLEGEDLY TRIED TO CONCEAL WITH FALSIFIED BUSINESS RECORDS

Advertisement

“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.

TRUMP TOUTS DEFENSE TEAM HAS ‘WON’ MANHATTAN CASE AS HE CALLS ON MERCHAN TO DISMISS

Advertisement

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.

Advertisement

Read the full article from Here

Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Boston, MA

Review & setlist: It was 100 degrees in Boston, and Goose was on fire

Published

on

Review & setlist: It was 100 degrees in Boston, and Goose was on fire


Concert Reviews

The Connecticut jam band delivered an incendiary show at Leader Bank Pavilion Wednesday night.

Goose lit up Leader Bank Pavilion Wednesday night. Lauren Daley / Boston.com

Goose at Leader Bank Pavilion, Boston, July 1, 2026.

I discovered the fan spritzing water at 7:07 p.m., as the “feels like” temp hit 102.  It stood near a semicircle of coed porta-potties at the back of Boston’s Leader Bank Pavilion, and we gathered round it like wallowing water buffalo at a flooded rice paddy.

Advertisement

Still, despite the temperature, the weather was not the hottest thing in Boston last night. Goose was on fire.

Night 2 of their “Big Modern!” Boston run saw mostly old favorites. All fat funky jams and spectacle, it veered into the frantic — primal guitar and crowd whoops. You could’ve charged for the light-show alone. They made a case for frontman/Berklee alum Rick Mitarotonda as one of the great lead jam guitarists working today.

Now, sometimes the most selfless gift a band can give fans on a new album tour is to not play much off the new album. I’m thinking of how heartbroken my dad was when Neil Young indulgently played 2003’s “Greendale” in full. With costumed actors. Before most fans had the album (if they bought it).

As for Goose, I’m not a big fan of their slick, heavily produced (overproduced?) “Big Modern!,” released last month.  The record gives big “I said we’re not a jam band, Mom!” vibes. Whether it’s a new direction, a lark, something to get out of their system,  or a Bob Dylan-esque random venture into new territory, a la “Saved,” only time will tell.

But unlike Neil Young, Goose selflessly delivered the hits. They played just one song off the new album — the title track. For the record, they played only one “Big Modern!” song on night 1 in Boston: “Torero.”

Advertisement

Live, the artists’ DNA remains. Those funky, meaty jams, Mitarotonda’s smooth vocals and raw guitar that feels at all times begging to be let off the leash to run wild, howling — until it inevitably does.

Sorry, Goose. You’re a jam band. You cannot fight animal-nature.

When the powers of lead guitarist/vocalist Mitarotonda, multi-instrumentalist Peter Anspach — both natives of  Wilton, Conn. — combine with bassist Trevor Weekz and Bedford, Mass. native drummer Cotter Ellis, jams get electric. 

When that electricity combines with the Jedi-level mastery of their  brilliant lighting production team, including lighting designer Andrew Goedde — it feels otherworldly.  By the end of the night, my camera roll looked like a kaleidoscope.

Lauren’s camera roll.

The Connecticut quartet took stage at 7:39 p.m.  Anspach, typically the one to address the crowd, walked on stage with:  “Alright, Boston let’s do this. Drink your water tonight, man. It’s f—ing hot.”

They launched into a fiery “Iguana Song” with red and green lights which turned to green and blue, then epic white and red strobes as Mitarotonda’s guitar let out primal screams, and Cotter thwacked. The crowd got on their feet and never sat down.

“Iguana” reached two peaks and ended with all of us cattle-lowing “Goooooooooose” in the way that Springsteen’s fans shout “Bruuuuuuuuuuce.” (We’re not booing.)

Advertisement

The smell of weed poured over me by 7:42. Yes, by God, in the age of ubiquitous vapes and pre-packaged candy edibles, a few old-souls brought skunky old-school pot.  The smell immediately took me back to childhood days at Great Woods. (Single tear in eye.)

Next: fan favorite “Royal” as a blue balloon was tossed in the crowd. Things slowed down a bit with “It Burns Within,” before launching into “Wisteria Lane” with Anspach playing both guitar and keys simultaneously, and lights shooting like UFO beams before breaking into greens and purples. 

The highlight of the night, though, was an incendiary version of “Electric Avenue” — a 1982 Eddy Grant song that’s become a repertoire staple — that had the whole crowd singing, then shouting as Mitarotonda’s lightning-fast fingerpicking became frantic.

Then Ellis took lead vocals on a funky “Draconian Meter Maid,” a Swimmer song Ellis apparently brought to the band when he joined in ’24. It ended in a cacophony of electric sound, warped beats building into a frenzy before slowing to almost a full halt as bands of orange and green light waved like seaweed in water. As it built back up to the frenzy, the crowd lost it, whooping and screaming, dancing in aisles. 


  • ‘Goosemas’ concert in Providence was festive as ever, but the Brown attack hung over the proceedings

Next came a bluegrassy hoedown “Flodown” to end set 1 around 9:06 p.m., with the “feels-like” temp a balmy 93 degrees.

Advertisement

Intermission saw guys sticking heads under outdoor bathroom sink faucets, wiping faces down with paper towels, holding sweating beer cans to foreheads.

Set 2 kicked off at 9:35 p.m. with the only song they’d play off “Big Modern!” all night: the title track. The set started off spacier, adding to a slow trippy feel. It was now fully dark, and the lights popped even more, hazy light beams illuminating mist and smoke in the air. 

“Creatures,” had a sway-in-the-aisle feel, ending with some goosebumps-inducing vocals from Mitarotonda, as lights turned aqua blue.  “Jive II” was pure funk that proved they’re a jam-beast at heart. Set 2 ended with “Jive Lee,” but they quickly returned for an encore with “Doobie Song,” a pure reggae tune played for the first time in a year, which Anspach said was dedicated to their crew.

The mellow song was a beautiful way to bring everyone down off the mind-melting jams. It reminded me of how the Grateful Dead capped nights with a lullaby, “We Bid You Goodnight” as a chamomile tea for the mind. 

They capped with “Give It Time,” under a hushed aqua light, ending around 11 p.m. Mitarotonda sang, “Go ahead, give it hell.”

Advertisement

They did.

It’s easy being green — or almost any other color — when you’re Goose. – Lauren Daley / Boston.com

  • Review & setlist: Mumford & Sons bested the elements with an electric rain show at Fenway Park 


  • Review and setlist: The Strokes’ appeal isn’t ‘hard to explain’ even 20 years later

After 13 songs in more than three hours, they delivered something for every type of Goose fan in Boston last night — and every type of Goose fan was there.

There were the “Big Modern!” fans— one dude in a bright yellow and pink jumpsuit, to match the album colors. Young couples in Dead & Co shirts, gray-haired dads with polo shirts, khaki shorts and Keens drinking next to classic wooks. A white-haired grandmother-type in a long floral dress swayed next to a pack of teens with glitter on their faces.

I spotted half a dozen Celtics jerseys with “Walton” on the back, an homage to Boston Biggest Deadhead. Grateful Dead-themed Red Sox jerseys — some with Garcia on the backs — peppered the crowd. A man in Lululemon. A young girl with hand-made patchwork overalls. Bearded hippies with decades-old Neil Young tees.

Advertisement

All of us here to happily dance in the 100-degree heat for hours of fiery jams.

Like it or not Goose, you’re a jam band. It’s coiled in your DNA. Your cells ring with it. You can put out as many bubblegum-slick albums as you want. Blood always tells. 

Full setlist for Goose at Leader Bank Pavilion, Boston, July 1, 2026:

Set 1:

  • Iguana Song
  • Royal
  • It Burns Within
  • Wysteria Lane
  • Electric Avenue
  • Draconian Meter Maid
  • Flodown

Set 2:

  • Big Modern!
  • Creatures
  • Jive II
  • Jive Lee

Encore:

Lauren Daley is a freelance culture writer. She can be reached at [email protected]. She tweets @laurendaley1, and Instagrams at @laurendaley1. Read more stories on Facebook here.

Profile image for Lauren Daley

Lauren Daley is a longtime culture journalist. As a regular contributor to Boston.com, she interviews A-list musicians, actors, authors and other major artists.

Sign up for the Today newsletter

Get everything you need to know to start your day, delivered right to your inbox every morning.

Advertisement





Source link

Continue Reading

Pittsburg, PA

“Mayor of Kingstown” wraps up filming final season in Pittsburgh

Published

on

“Mayor of Kingstown” wraps up filming final season in Pittsburgh


“Mayor of Kingstown” has wrapped up filming its fifth and final season in Pittsburgh.

Advertisement

Since the Paramount+ show began filming in western Pennsylvania in 2022, the Pittsburgh Film Office says it has injected over $325 million into the local economy and created over 10,000 jobs. In total, the show has had 457 shoot days in the Pittsburgh area. 

“We look forward to seeing your work on the screen and thank you for several years of dedication to the region,” the Pittsburgh Film Office wrote in a Facebook post. 

Production of the show’s fifth and final eight-episode season began in March. According to Paramount+, the new season follows what happens when an FBI agent described as a “dedicated lawman” arrives in Kingstown and “threatens to disrupt the tenuous balance of power.”   

Jeremy Renner, who stars as Mike McLusky, marked the end of the show in an Instagram post, saying he was “filled with gratitude.” 

“I am so very thankful for all of your support over the years—it has given my stride and purpose in my recovery and love in my heart,” Renner wrote. “Thank you cast and crew for carrying me through when necessary.” 

Advertisement

Renner broke dozens of bones and underwent multiple surgeries after he was involved in an accident involving a 7-ton snowplow on New Year’s Day in 2023. He has said that returning to the set of “Mayor of Kingstown” for Season 3 helped him cope. 

The release date for Season 5 hasn’t been announced yet. 





Source link

Continue Reading

Connecticut

Local priest dies after crashing car into tree in West Hartford, police say

Published

on

Local priest dies after crashing car into tree in West Hartford, police say


An 85-year-old priest has died after he crashed his car into a tree in West Hartford on Wednesday afternoon, police said.

Police received a report that a car went into the woods near Simsbury Road and Tumblebrook Lane around 2:41 p.m. The West Hartford Police Department responded, along with the West Hartford Fire Department and AMR medical personnel.

The driver, later identified as 85-year-old Terence Kristofak, of West Hartford, was the car’s only occupant. Firefighters extricated him from the car before he was taken to a hospital with serious, life-threatening injuries, police said. He was later pronounced dead at the hospital.

Kristofak served as a Passionist priest at the Holy Family Passionist Retreat Center, according to a Facebook post from the church.

Advertisement

“Father Terry had been visiting family and was on his way home at the time of the accident,” the church wrote. “We are filled with grief at the loss of such a kind, loving, and faithful friend. His presence touched the lives of so many, and his passing is a tremendous loss to our community.”

Simsbury Road was closed in both directions between King Edward Road and North Main Street while crews responded. The road has since reopened.

West Hartford police’s traffic division is investigating the crash.

The scene of the crash.

Anyone with information about the crash is asked to contact the West Hartford Police Department at 860-523-5203 or submit an anonymous tip by calling 860-570-8969 or emailing whpdtips@westhartfordct.gov.

Advertisement



Source link

Continue Reading
Advertisement

Trending