CONCERNS: New York Times merges with Enquirer!

WEDNESDAY, MAY 1, 2024

Agamemnon will have to wait: As it turns out, the rage of Achilles—along with the rage of Agamemnon himself—is going to have to wait. 

So too for that one overwhelming human concern—the one concern which lay behind their famous bouts of rage. Can we learn to see ourselves more clearly by reviewing the western world's first great "poem of war?" 

As the trial of Donald J. Trump grinds on, we will have the next several weeks to revisit that Bronze Age war poem.  For today, a journalistic merger has forced its way center stage:

We refer to the way the New York Times has announced its merger with the National Enquirer. More accurately, we refer again to the tabloid-adjacent way the Times is reporting the Gotham trial.

In this morning's print editions, the trial returns to the top right-hand corner of the Times' front page. Reporters Protess and Bromwich are joined by reporters Feuer and Rashbaum in producing the tabloidy news report which appears. in online editions, under this dual headline:

Trump Jurors Hear How Seamy Hush-Money Deals Were Made
Keith Davidson, a lawyer for Stormy Daniels and Karen McDougal, will resume testimony on Thursday.

Those weren't just any "hush-money deals." They were seamy hush-money deals, the Times has now declared! 

Seamy may be as seamy may do! Principal headline included, the news report starts like this:

Trump Jurors Hear How Seamy Hush-Money Deals Were Made

He was the man behind the hush money, the amiable Beverly Hills lawyer who specialized in celebrity dirt—unearthing it, and then, for the right price, burying it forever.

But in 2016, the lawyer, Keith Davidson, was on the verge of something grander than a run-of-the-mill sex tape or affair. He had two clients shopping stories so big they might sway a presidential election: Their names were Stormy Daniels and Karen McDougal, and they were ready to tell the world about their sexual encounters with Donald J. Trump.

That kind of reporting will draw readers in. That said, we'll start with the type of claim we addressed in yesterday afternoon's post.

According to the quartet of Times reporters, the amiable Attorney Davidson was "shopping [two] stories so big they might sway a presidential election." 

For the record, the lawyer began by seeking an extremely large payday for those stories. According to his testimony, he started by asking for a million dollars, according to CNN and also according to Rubin.

The New York Times left that part out. But those stories must have been very big. They must have been very important!  

In our view, the stories in question may tell us something about ourselves—about our deepest concerns. As we noted yesterday, one of those major stories went exactly like this:

On one occasion in 2006, Donald J. Trump allegedly had (fully consensual) sex with a woman who wasn't his wife!

For the record, Trump says it never happened. The woman in question says it happened exactly once, way back in 2006, in a fully consensual manner.

That's the extremely big story around which the Gotham trial turns. We start with the obvious question:

Could the broadcast of that (unconfirmable) story have changed the shape of the 2016 race?

We'd say it could have changed the race—though in whose favor, we can't necessarily say. But it seems to us that this fact tells us a great deal about us the people—about our concerns, ourselves.

Did Donald J. Trump commit a felony in paying (a fraction of) the very large sum the amiable lawyer had originally sought? 

Everything is possible! But as we noted yesterday, the tortured legalities of this situation aren't our main concern.

We're mainly interested in what this remarkable episode may say about us—about the things we secretly care about, about our most basic concerns.

As with the ten-year siege of Troy, so too here—there seems to be one major concern which lies at the heart of this silly, dumb story. And while we're at it, let's consider what Jonathan Alter has said.

Alter's a very experienced, very capable journalist, and a thoroughly decent person. We even know him tiny tad.  

Way back when, writing for Newsweek, he broke the story about the very strange personal history of Gennifer Flowers, who also wanted to tell a story. As far as we know, the story Flowers told turned out to be almost totally false.

Yesterday afternoon, at this link, Alter filed a short report for the Times about yesterday's testimony at the trial. Was Alter a spectator at the trial? His dispatch doesn't say.

At any rate, Alter's brief report lets us touch on several key points. Headline included, here's one part of what he wrote:

Karen McDougal Almost Went on ABC News, but Then Trump's Team Paid Her

[...]

Much of Davidson’s testimony involved McDougal, whose hush-money deal was a kind of a dress rehearsal for the alleged crime, which is Trump and Cohen covering up the hush money paid to Stormy Daniels. For a time, American Media Inc., the owner of The National Enquirer, was in competition with ABC News for McDougal’s story, which led to a memorable moment in court. Davidson claimed a group of women he derided in a text as “the estrogen mafia” wanted her to tell her story to ABC News.

With what crime does Trump charged? Based on the highlighted passage, Alter seems to think that the additional unlawful act Trump was allegedly trying to conceal was the money paid to Stormy Daniels. As we noted yesterday morning, Lisa Rubin thinks the additional crime is the money paid to McDougal.

Meanwhile, the Times published a detailed essay in which Rebecca Roiphe says that the additional unlawful act could be any one of a number of things—and that "we may never learn which crime the jurors believe Trump was seeking to commit or cover up."

Legal analysts on the Fox News Channel routinely describe this undetermined state of affairs as a legal outrage. Due to the "segregation by viewpoint" which now controls "cable news," this claim is never tested by legal analysts from Bue America.

That said, it doesn't sound like a crazy claim. We've now finished Day 9 if this trial and no one seems to be sure concerning the nature of the crime the defendant is charged with!

Continuing directly, Alter wrote this passage. In our view, this helps us become more clear on a very basic point:

“We had it all set. We picked the date, camera crews, makeup,” Brian Ross, the ABC News correspondent, told me this afternoon by phone. “Then she called and said, ‘My family doesn’t want me to do it.’” Ross thinks the real reason this explosive story didn’t come out was that ABC News, which doesn’t pay for stories, became leverage: “In retrospect, they were using us to get to Trump for the money.”

For better or worse, ABC News wanted to report McDougal's story in standard journalistic fashion. According to Brian Ross, the effort fell through for a basic reason:

McDougal could have "told her story" any time she chose. But McDougal didn't want to tell her story. McDougal wanted to tell her story for a large mountain of cash. 

So too with Stormy Daniels. In that sense, Daniels was "silenced" by Trump, or by his associates, in precisely the way she had sought.

Alter also offered the passage shown below. On this morning's Morning Joe, Lisa Rubin confirmed the key part of this passage:

After American Media paid off McDougal, David Pecker, the former publisher, backed out of paying hush money to Stormy Daniels.

But when Davidson demanded the payment, Cohen began offering a million excuses for why Trump couldn’t pay. “I thought he was trying to kick the can down the road until after the election,” Davidson testified, which will be an important part of the prosecution’s case.

When it was clear Trump wouldn’t pay, Davidson testified that Cohen said, “Goddammit, I’ll just do it myself.” It was then that Cohen set up a dummy corporation to send Davidson the money and began trying to get reimbursed by Trump.

All of the texts and phone calls between Davidson and Cohen are still one step removed from Trump. But they pre-corroborate what Cohen will say “the boss” told him to do, and that is critical.

Say what? According to Alter's account, it became clear at one point that Trump wasn't willing to pay Daniels. At that point, Cohen stepped in and said he'd have to do it himself.

This morning, Rubin quoted Davidson quoting Cohen the same way. Does that undermine some of the  story-telling in Blue America surrounding this alleged crime?

McDougal and Daniels came looking for cash, perhaps like Flowers before them. Tabloid outlets like the Times go for this sort of thing all the time—and this sort of thing almost surely leads a nation down a long and winding road which leads to a long, slippery slope.

Tabloid entities simply love "seamy" stories like this! Does this possibly tell us something about the actual state of our own concerns? Does it tell us something about Our Concerns, Ourselves?

The rage of Achilles will have to wait. But how much has human nature changed since the Achaeans sailed to Troy with only one thing on their minds?

Tomorrow: Whatever comes next


109 comments:

  1. Today Somerby says the NY Times has merged with the National Enquirer because of its reporting of the Trump trial. Somerby pretends it is because the NY Times is reporting the "seamy" details emerging in the trial, but there is another implied similarity. The National Enquirer published fake stories about Cruz and Rubio, at Trump's behest and to support his campaign. By equating the two papers, Somerby implies that the details published by the NY Times may be false, made up, to harm Trump.

    The details emerging in this trial are presented by sworn witnesses and back up by documents. These are not lies being told about Trump, like those the National Enquirer told about Cruz and Rubio. The truth is emerging from this trial and the NY Times is reporting that truth, which is its purpose for existing. That some of the details are seamy is Trump's fault, not the NY Times' invention. Trump is a horrible person, who did seamy and sleazy things, the details of which are now emergy because he is being prosecuted for his crimes. Somerby cannot dance around that by blaming the NY Times.

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    1. The claim that the New York Times aims to report the truth does not confirm that they did in this case, nor does it counter allegations that its trial coverage is sensationalistic and akin to tabloid-style reporting.

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    2. The NY Times has reported the truth about the testimony in the trial. Whether that is the truth of what happened in the case remains for the jury to decide.

      If you go look at the stories in the National Enquirer, complete with lurid photos, speculation, and adjectives in the text, you will see the difference between the NY Times and tabloid style reporting. The details of these affairs are the substance of the trial itself, not something the NY Times making up to sensationalize anything. Trump did this stuff and then tried to cover it up. That is not an invention of the NY Times to sell papers.

      Somerby is pulling the wool over your eyes by trying to displace blame for the so-called lurid details onto the NY Times and not onto Trump, where it belongs.

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    3. Somerby's argument isn't blaming the New York Times for fabricating details. It's questioning the framing placed on certain aspects of the reporting. While the Times may accurately report the facts, the interpretation and presentation of these facts opened themselves up to the criticism they are blurring lines between traditional and tabloid journalism.

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    4. What claims and counter claims prove or disprove is as much a matter of partisan
      opinon mongering as anything else. Bob had a track record now, and it’s not really disputable that his central interest is getting Trump excused of anything he’s
      charged with. His own obsession with
      the seamy side of the story lets him
      Ignore the crimes Trump is charged
      with. He pretends they are too complex
      to understand, or that it’s bad for
      society to hold Trump accountable
      because they have to do with his
      sexual lack of judgement. Will
      Trump and his lawyer Bob get
      away with this? Only with the dimmest
      of the dim.

      Delete
    5. I'm waiting on Cecelia and Pied Piper to explain what the actual point of today's gibberish from Somerby is supposed to mean, before it can be criticized.

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    6. The point is the role of tabloid journalism in shaping public concerns as the trial is drawing attention to the public's interest in scandalous stories.

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    7. Anyone who thinks there is a remote connection between the NY Times and tabloid journalism has not read a tabloid paper. It has stories about Hillary's alien baby or the 6 months Bill Clinton has to live. All made up. Tabloids are not newspapers in any sense except for the paper they may be printed on.

      So this is a specious and obviously silly comparison meant only to disparage the NY Times for the crime of reporting on Trump's ongoing troubles in court.

      Meanwhile, Trump slept through most of yesterday too. There is a canard that if you leave a suspect in an interrogation room and he falls asleep, he is obviously guilty because an innocent man would be kept awake worrying about being falsely charged.

      If so, Trump's sleep indicates he knows what is being said by witnesses already, because he did what they are charging him with. He can sleep because he isn't worried about being falsely convicted. He knows he did all this stuff. He is merely killing time until there is a verdict that he can appeal, knowing he is not innocent of any of this. There are no secrets or surprises for Trump, so there is no reason to listen.

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    8. Trump also sleeps because he does not want to be awake while breathing in his foul flatulence.

      Some top experts are saying we could repel Russia's invasion of Ukraine by putting Trump on the front line and passing gas.

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    9. Trump declares the Courthouse is being surrounded by the deep state who are barring his supporters from witnessing his trial. Bob insists it is wrong for the New York Times to call Trump a liar. That pretty much sums up the problem for Bob’s defenders. Also, will Bob get around to mentioning Trump’s contempt
      of Court Problems?

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    10. It's not just Rubio & Cruz, the Enquirer ran dozens of hit pieces on Hillary, much directed by Trump. And a good bit of the BS made it to standard news. Like she was weak and frail and about to die. Screw these American hating SOBs and luck them up.

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    11. Well, the NY Times has been the ringleader for stories about how Biden is old and frail and about to die too. That makes it like the Enquirer, so maybe Somerby is right. But then, Somerby has been posting a lot of essays about how Biden is too old, so he is not about being seamy himself, I guess.

      Will we ever find out who has been paying the NY Times to run those anti-Biden stories?

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    12. That's the trouble with paying news sources for their coverage. Now we don't know who to trust.

      But I've seen and heard Trump with my own eyes, so when Somerby says the NY Times is being unfair to him, I know differently. They are being too light on him. And that's how I know that whatever they are saying about the trial and Trump's seamy affairs is far less negative than it should be in a just world.

      And that reveals where Somerby is coming from too. Somerby's "poor Trump" refrain tells me that Somerby is not someone who can be trusted to tell the truth either.

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  2. "Say what? According to Alter's account, it became clear at one point that Trump wasn't willing to pay Daniels. At that point, Cohen stepped in and said he'd have to do it himself."

    It became clear that if Trump was not going to pay Daniels, then Pecker didn't want to be in the middle, and that is why Trump asked Cohen to step in. After Davidson negotiated with Cohen, Trump did not produce the promised payment. It was so close to the election that he may have hoped to evade paying her entirely, if he could put it all off until after the election. That is how Trump operates. He stiffs his own lawyers, so why not Daniels?

    But Somerby blames Daniels. Daniels did not seek to have sex with Trump. She wanted to be on his Apprentice show. Daniels did not approach Trump for an NDA or payoff. She wanted the National Enquirer to pay her to publish her story of her date with Trump. It was her right to do that and there was nothing illegal about it. There was not even anything underhanded about it -- she wasn't cheating on anyone with that sex, and according to her, she didn't even want to have sex with Trump. But he did. And that made her "date" with him newsworthy.

    It is not unusual for news media to pay for stories they believe will attract more readers. A colleague of mine survived the tsunami in Thailand. She was offered money to appear on news shows and tell her experiences. Stormy had a story that was worth money and she wanted to tell it. According to Daniels, she was coerced into signing an NDA instead.

    Somerby calls these two women grifters, but they didn't force Trump to have sex with them. That was 100% Trump. Why is Somerby defending Trump by attacking both women and the newspapers who are now making their experiences public? To protect Trump. And why is Somerby protecting Trump?

    I suspect that this is the confluence of Somerby's repeated tendency to support men like Roy Moore and Brock Turner against accusations of wrongdoing against women, and Somerby's ongoing defense of Trump in any number of circumstances. This is another twofer for Somerby. He gets to call women lying grifters while earning his daily rubles by promoting Trump's campaign. For Somerby, a day doesn't get any better than this!

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    1. It would help to directly address specific points made in the original post with evidence and logical reasoning rather than assumptions about intentions or character attacks.

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    2. You are welcome to take that approach yourself, @11:01, but I prefer to talk about the intentions of the author in the context of his previous essays and behavior.

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    3. 11:01 this is false. We can not read minds, it is in fact important to consider intent via inference and context. Without having this ability and utilizing it, society would come to a standstill.

      This is an obvious point to people, but not to computers.

      It would help if you used your thinking capabilities instead of relying on a computer to generate a response you feel is emotionally comforting.

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    4. It's natural to want to do so but it is problematic due to the challenges of accurately discerning motives, given the risk of confirmation bias and the potential for overgeneralization.

      It's generally more constructive to focus on the content of the writing itself rather than making assumptions about the author's intentions.

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    5. 11:10

      We can make reasonable inferences about motives based on contextual cues, such as an author's past behavior or writing style, but these inferences can be subjective and prone to bias.

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    6. 11:18 Everything we experience is subjective and we all have biases.

      You have merely accomplished describing a well known circumstance that in no way contradicts or is a counterpoint to 11:10.

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    7. 11:15 this is false since Somerby is bypassing any evidence and instead relying on his emotions to guide his sweeping statements about human nature, which are in fact wrong.

      Therefore, it is reasonable and rational to consider Somerby's intent and avoid taking his word at face value and avoid being excessively literal, thusly your stance is irrelevant.

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    8. It may be reasonable and rational to consider Somerby's intent but doing so without directly addressing specific points made in the original post with evidence and logical reasoning present many challenges (described above).

      Delete
    9. 11:37 this is false.

      Somerby's points were not based on evidence. As yet, there have been no coherent challenges to the criticisms today of Somerby, therefore, your point remains irrelevant.

      You repeating your irrelevant point suggests you have no valid point, and you have now become comical.

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    10. Somerby's post draws evidence from multiple sources to support its arguments.

      Delete
    11. Somerby has failed to cite any credible or coherent evidence to support his post, therefore his post and your defense of it continues to be irrelevant, comically so.

      Delete
    12. Just because Trump is twice divorced, creeper on "his" pageant girls, was beasties with Epstien and Maxine, repeatedly lusted for his daughter on Howard Stern, posed sickly with his daughter in photos is no reason to think he is a horn dog who fucks random women.

      Delete

  3. So, where's the crime in all this?

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    1. The crime is the cover up and the business and tax fraud. All of this early testimony is to establish the circumstances under which the failure to report FEC contributions, the falsification of business records and the fake tax claims took place.

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    2. Cover up of what? Who and how promoted or prevented the election of any person to a public office by unlawful means?

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    3. Cover up of what? … are you the money who shields his ears, eyes, or mouth?

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    4. Trump falsified business records to cover up his pay off which was election interference and violated tax and campaign finance laws.

      This case is fairly straightforward, the attempts to make it seem murky are hilarious in their weakness.

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    5. I’m the hush monkey.

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    6. Are you saying that signing an NDA is a crime?

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    7. The nature of the crime has been explained here repeatedly. Your question is perhaps intended to suggest there is no crime, but no one is going to waste time explaining this to you yet again.

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    8. So, you can't tell what the crime is. That's fine. Perhaps someone else can. Or, perhaps, no one can.

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    9. 11:42 only you can not tell what the crime is, stop crucifying others for your own sin.

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    10. 11:28,
      No, but it ought to be illegal.

      Delete
  4. Gennifer Flowers was paid by the Star, a newspaper, not by Bill Clinton. He didn't pay her anything to stop talking. So, the situations are not parallel. Her intent was to damage Clinton politically. That is not what Stormy Daniels did. Stormy Daniels kept quiet until 2018, after Trump was elected, when she wanted to be released from the NDA she felt she had been coerced into signing. When she negotiated the sale of her story to National Enquirer in 2016, that was to publish her story, not suppress it.

    Why was McDougal treated differently by Trump than Daniels? Perhaps because they had a lengthy affair or perhaps because it was so close to the election that Trump expected to string Daniels along without paying her until after the voting. Somerby portrays this as Trump courageously standing up to a grifter, but Trump had already paid off McDougal.

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    Replies
    1. Somerby's post is discussing how the media's portrayal of these incidents reflects broader societal or cultural issues. Focusing narrowly on the specifics of each woman's case misses broader themes about media influence, public perception, or the intersection of media and politics that Somerby is addressing.

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    2. 11:05 this is false. Somerby first says he is more concerned about human nature than the legalities of the case, yet then goes on to primarily question the legal issues of the case.

      Somerby's only effort towards societal or cultural issues is to reference a thousands year old story from which he unwisely draws sweeping generalizations about human nature, producing a false narrative about human nature that science has shown to be inaccurate.

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    3. The media is portraying a trial, not "incidents" but testimony. I don't see Trump's problems as part of broader societal or cultural issues because Trump's behavior is aberrant, not typical of our cultural expectations. That's why he tried to hide his affairs before the election. He knew they might affect votes because they are NOT condoned in our society (except among MAGAs).

      Again, I must point out that the media coverage of this trial will not affect the jury's decision because they are forbidden to read anything about the trial and forbidden to discuss it with anyone. The public is not going to decide the results of the trial.

      It may be true that the public will form an impression of how the trial is going based on NY Times coverage, but there are very few people who don't already know about the seamy stuff (Stormy & Karen). Perhaps Somerby himself is trying to distract from the damning details about that arrangement Trump had with Pecker. It seems to me that those are the truly shocking details being reported, not the old news about Stormy, and I had no idea Trump manufactured those stories about Cruz and Rubio (though I did suspect they were untrue).

      I get it that Somerby might not want to see such detailed coverage of Trump's crimes right before an election, when Somerby has been working so hard to get Trump elected again. But blaming the NY Times for what Trump himself did strikes me as misdirection and grossly unfair to the journalists who are just doing their job by informing the public.

      And I disagree strongly with Somerby about whether we need to know the depths of the dishonesty of political candidates, BEFORE we vote, not after they get into office and start sharing secrets with the Russians.

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    4. How was the NY Times blamed for what Trump did?

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    5. By being called seamy and tabloid-like by Somerby when they are just doing their job. Trump did seamy stuff in the context of committing his crimes. Is the NY Times supposed to ignore that? That would be censoring the news.

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    6. That doesn't answer the question how Somerby blamed the New York Times for what Trump did.

      It avoids both that question and the criticism that the Times might be sensationalizing the story.

      Delete
    7. Go back and read what Somerby wrote.

      Delete
    8. Maybe you should go back and read what Somerby wrote.

      Seeing as how you've made claims about what he wrote that you can't substantiate.

      Delete
  5. Werner Spitz and Paul Auster have died.

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  6. Achilles was a jerk. Agamemnon was a dork.

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  7. Does anyone else here think it is weird the way a grown man like Somerby goes around passing judgment on the sexual behavior of other people? And notice how he blames the women, not Trump, for the pickle he now finds himself in. And Somerby blamed Chanel Miller too. But when it comes to Bill Clinton, he blames Bill but not Monica. Why is that?

    For myself, I blame Melania and especially Ivanka. Someone should have taught her that daddys are off limits to their daughters. Maybe Somerby expected the NY Times to have told women to behave better, thereby preventing this entire mess, which is obviously not Trump's fault at all.

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    1. When Ivanka ratted-out her old man to the FBI about the classified documents he stashed at Mar-a-Lago, the odds of Trump getting to finally fuck her fell to lower than the current unemployment rate.

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    2. Well, Bob will become a moral judge of a man if it’s Hunter Biden, then he will judge his father for his actions too.

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  8. Russia, if you're listening, send Somerby some updated Right-wing grievances he can repeat on his TDH blog.

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    1. this was actually funny, thank you!

      Delete
    2. I don’t get the joke.

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    3. Somerby would say this is a novel approach to humor that is overly complex and appeals to our more base urges, and that we should have pity instead of laughing.

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    4. My urges are basic.

      Delete
  9. Somerby complains because the NY Times called Trump's hush money deals "seamy". Does anyone really want to argue that Trump's affairs were romantic?

    What makes them seamy?

    1. The women were porn stars and playboy models and thus it is unlikely Trump was attracted to them by their other qualities.
    2. Trump was married at the time (the women were not), so he was cheating on his wife (or perhaps they have an "open" relationship, at least on Trump's side).
    3. Trump's wife was pregnant and then had just given birth during the affairs.
    4. Trump dangled the offer of a role on The Apprentice before Stormy in order to coerce her to have sex with him, then didn't give her such a role. So he stiffed her (no pun).
    5. Trump was clearly not proud of the liaisons because he tried to keep them secret. His conscience was guilty, which makes the affairs sordid.
    6. Th payoffs were about keeping the affairs secret, not about the sex itself. Or maybe Trump didn't want details of his sex (observed by both women, thus corroborated) to become public. That's kind of pathetic.
    7. Trump assigned go-betweens and fixers to deal with the affairs, which is definitely not romantic. He had such a crappy "relationship" with them he couldn't just call and ask for secrecy to help him get elected.
    8. He is now denying he ever met either of them. That is how wealthy men have treated women forever, and it reeks of privilege and lack of character to the point of stereotype, which is very seamy.
    9. Women should not be treated like kleenex.
    10. Anyone who is not a Trump-type guy is rooting for Stormy and Karen because of his mistreatment of them and of Melania, and the way he has treated other women, including E.Jean Carroll and the 27 other women who have accused Trump of assault.

    These affaris are not seamy. Trump is seamy and this trial is just opening a whole can of worms about how he has treated so many other women throughout his life.

    Seam is too weak a word. Somerby should be glad the NY Times has downplayed these events and focused mainly on the trial itself. An actual tabloid would go Medieval on his ass (unless it were paid off too).

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    1. Quaker in a BasmentMay 1, 2024 at 12:50 PM

      Quite so. "Seamy" is a perfectly accurate and serviceable word to describe the candidate's behavior.

      Delete
  10. Digby describes the Time interview with Trump. Among other things, Trump said the following:

    "For example, Trump confirmed in this interview that he plans to control the Department of Justice and ensure that his Attorney General does his bidding. He said that if the Supreme Court does not grant the president total immunity then Joe Biden will be prosecuted for a plethora of unnamed crimes. (He later said he didn’t want to hurt Joe Biden because he has respect for the office but essentially he blames Biden personally for all of his legal troubles and payback’s a bitch.)"

    https://digbysblog.net/2024/05/01/nice-little-elections-you-have-here/

    There is something to dislike for everyone in that interview. But Biden's too old, Somerby says (over and over). And the NY Times is too too seamy!

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  11. My supply of word-salads to spam Somerby's blog with is endless. I sniff my fingers. What an asshole Somerby is.

    I am Corby.

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    1. It is always worthwhile to spend time reminding us what an asshole Somerby is, whether you are Corby or not. Thank you for your service.

      Delete
  12. Quaker in a BasementMay 1, 2024 at 12:57 PM

    "It was then that Cohen set up a dummy corporation to send Davidson the money and began trying to get reimbursed by Trump."

    Began trying. And he succeeded. He was reimbursed.

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  13. Why are you Biden voters here whining? The Democrat Nazi banshees over at Columbia are hungry, no surprise there. Get to steppin!

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    Replies
    1. Meh. Don't be such a Right-wing snowflake all the time.
      Just ignore the protesters, like you do what they are protesting.

      Delete
    2. They're protesting not having their "meal plan" catered to them given the appetite they've worked up hating Jews.

      Delete
    3. Please do not attempt to hijack this thread.

      Delete
    4. 2:14,
      That's funny, because the Right are nothing but pieces of shit.

      Delete
  14. Maybe Somerby is hinting that the NY Times, like the Enquirer, helped elect Trump by giving Hillary way less press coverage and by featuring the right wing criticisms of her in 2016. In a way, the NY Times was as instrumental and the Enquirer in getting Trump elected.

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    1. More so. The NY Times spent most of 2016 pretending to care that Republicans were pretending to care about Hillary's email protocols.

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    2. There was a false story on the front page of the NYTs a year before the election claiming the FBI was investigating her for something, or was indicting her, they had to change the front page three times because their reporters were obviously played by people on team Trump who had some kind of investigation into Hillary that never led to anything. The smearing of the squeaky clean Clinton Foundation on Fox helped team Trump a lot. Yes, it's bad the left never mentions this, but neither does or did Bob.
      Now it looks like the NYT will be sued over Huntergate, but when the Post comes out with there case that Twitter lost the election for Trump (and it is treated credibly by Morning Joe and Bill Maher) you have to laugh to keep from crying.

      Delete
  15. "Legal analysts on the Fox News Channel routinely describe this undetermined state of affairs as a legal outrage. Due to the "segregation by viewpoint" which now controls "cable news," this claim is never tested by legal analysts from Blue America."

    Maybe because they wouldn't be able to make a coherent response.

    Can you even imagine how those "legal experts" would respond if something like this was said:

    The Fox News legal analyst Gregg Jarrett similarly cited Weinstein’s conviction being overturned as precedent for Trump’s potential conviction being overturned.

    “Nothing in the courtroom last week dealt with the actual charges. None of the witnesses actually testified about any relevant crime recognized by law,” Jarrett explained to “Fox and Friends” co-host Steve Doocy. “Instead, it was sort of this weird kabuki theater or theater of the absurd, Steve. I mean, David Pecker, who ran the National Enquirer, was on the witness stand most of the week and told us what we already knew. The tabloid was sleazy, promoting and killing stories.”

    “But that’s not a crime. Paying people for their silence is not a crime. Influencing an election is not a crime, either. That’s what campaigns are designed to do,” Jarrett continued.

    “Yet, Alvin Bragg’s legal minions in court keep using the words ‘conspiracy’ and ‘fraud.’ Well, Trump hasn’t been charged with that, so this hairbrain prosecution is exactly what Supreme Court Justice Neil Gorsuch warned about during the immunity hearing last week.”

    They would quickly cut to a commercial. lol

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    1. So, you are asking whether a coherent response can be made to an incoherent statement? You basically have to go meta and say that the statement itself is too incoherent to take seriously, which is what I assume you are saying.

      I think that is why so-called blue cable doesn't spend much time addressing anything on Fox News. It is too stupid and would take too much time away from addressing real issues. It is more straightforward to say that they lie and spread disinformation over there, to the point where there is nothing to grab onto and discuss seriously.

      It is like answering the question of why no one ever discusses Santa Claus as part of theology.

      Delete
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  17. Trump is being prosecuted for violation of section 175.10 of the NY Penal Code, falsification of business records in the first degree. The statute, which is very short in length, applies where one falsifies business records in violation of sec. 175.05 (falsification of business records in the second degree) - "when his intent is to defraud includes an intent to commit another crime, or to aid or conceal another crime." (Violation of sec. 175.05 is an element of the crime under sec. 175.10. Sec. 175.05 makes it a crime to falsify business records with "intent to defraud." To make the crime a violation under 175.10, and thus a felony, there also must be an intent to commit or conceal another crime). In the current Trump case, as I understand it, the intent was to "conceal" another crime, which I believe was violation of federal (and maybe state) election laws, i.e., the payment to Daniels was a criminal violation of election laws. Some here assert that there was some intent to violate tax laws involved - I'm not certain that this is true; I doubt it. Did Trump claim a tax deduction for the payment? If not, I don't know where tax violation is involved. Certainly, what Trump or his agents did here was quite skeavy (if that's a word). Cohen paid Daniels $130,000. Then, months later, Trump made several monthly payments to Cohen totaling $420,000 along with records made of each such payment. Each of the several payments and entries is included as a separate felony. The records describe the payments to Cohen as legal fee retainers, pursuant to a fee agreement, which agreement apparently doesn't exist. (Do Trump fans here feel happy about a having a president who did all this?). I looked on my legal research site, Fast Case, for New York decisions (State & federal) containing the words "falsification of business records." this came up with 61 hits. I didn't see any decisions that came close to the facts in this case against Trump - i.e., something analogous or comparable to the DA's indictment that the records of the payments to Cohen were made to conceal an illegal campaign expense (the payment to Clifford). I didn't devote substantial time doing research on the issue. If anyone else here cares enough, they can go on Google Scholar, click on NY state & federal courts, type in the words "falsification of business records" or some similar phrase, and see if you can find an analogous precedent - you don't have to be a lawyer, though if you're not, you won't be able to do it as well.

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    1. Hi AC/MA. The people asking what the crime is are trolling. The question has been answered here repeatedly, although not with as much specificity as you have done. Cohen has stated that he provided no legal services to Trump's organization, so that makes the records false. Also, legal services are tax deductible as a business expense, so their deduction as such by Trump's business would be state tax fraud.

      The continual claim by Trump supporters that there was no actual crime committed is support for their claim that this is just a partisan prosecution, something Somerby has said here before too.

      It is fair to ask why Trump is being prosecuted for this penny ante stuff instead of the much bigger crimes he has committed. The answer is that he is also being charged with the big stuff, but this case came up sooner than the other pending cases for his attempts to overturn the 2020 election result and his theft and mishandling of classified documents. There are a variety of other smaller cases pending too. This will be like Watergate, where the crimes slowly unfold for historians over decades and justice may not be done but at least we will know whether he really did collude with Putin, down the road.

      Meanwhile, our #1 priority must be to keep Trump from regaining office.

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    2. @AC/MA
      So many words. Are you saying that Cohen and Daniels signing the NDA was a crime? But that's nonsense, obvious nonsense. As for the alleged campaign finance violation by the Trump campaign, it was investigated by FEC, no violation found. There's no crime to conceal, as far as I can tell.

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    3. Please cite a source for your claim that the FEC found no violation. Cohen pleaded guilty to making an excessive campaign contribution with his hush money payments. Trump is not charged with that in this New York State case because campaign violations are federal. I do not believe your statement that his campaign was investigated by the FEC and cleared is correct.

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    4. This document summarizes the FEC's inability to find sufficient reason to believe any violations occurred and their decision to dismiss the charges.

      https://www.fec.gov/data/legal/matter-under-review/7313/

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    5. (The campaign finance allegations against Trump and others related to excessive contributions and improper reporting were not substantiated and no further legal actions were pursued based on them.)

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    6. It's like Russiagate. These people never research these matters and rely on bloggers who lie to them and withhold any information that detracts from the party narrative which leads these people to not understand basic facts that have been put into the record years ago. And often leads them to continue to make fantasy arguments about matters that have been settled and put to bed for years and years. It's weird.

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    7. The document you have cited refers specifically to the Make America Great Again PAC, not to Trump's campaign for president. Is there a similar finding related to Trump's actual campaign? If so, please post it. Campaigns are not allowed to coordinate activities with PACs. This finding does not exonerate Trump's campaign or Trump or Cohen's activities on behalf of the campaign itself.

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    8. Lol, Make America Great Again PAC IS the Trump campaign.

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    9. No, the official campaign is Donald J. Trump for President. The current campaign also has the election date 2024. I assume in 2016 it was Donald J. Trump for President 2016 Inc. These organizations are legal entities with reporting requirements. A PAC is not an official campaign. The FEC document specifically mentioned the Make American Great Again PAC.

      https://www.fec.gov/press/resources-journalists/political-action-committees-pacs/

      Delete
    10. https://www.fec.gov/help-candidates-and-committees/guides/?tab=candidates-and-their-authorized-committees

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    11. Make America Great Again PAC (f/k/a Donald J. Trump for President, Inc.)

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    12. (The document I cited refers not only to the Make America Great Again PAC but also to Michael Cohen, Donald Trump, and other entities such as the Trump Organization.)

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    13. (Make America Great Again PAC (f/k/a Donald J. Trump for President, Inc.); Cohen, Michael D.; Crate, Bradley T.; Essential Consultants, LLC; Trump Organization LLC; Chickenshit, Donald J.

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    14. It doesn't really matter. The fact is, he hasn't even been indicted for (let alone convicted of) any "crimes" that he was supposedly "concealing" by those payments.

      Everyone is innocent until proven guilty. So, how can one be convicted of concealing the crime one is innocent of?

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    15. To summarize, as I have demonstrated with sources, the FEC investigated Trump, Cohen, the Trump Organization, and Trump's primary campaign PAC for financial violations and found none. Consequently, they closed the case long ago.

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    16. 3:00,
      Once the media made the collective decision to disappear the open bigotry of Republican voters as the reason Trump was elected President in 2016, stories like Russiagate were inevitable.
      Even Bob knows this. That's why he deletes the posts that says it, while keeping the shape-shifting bullshit up on his blog.

      Delete
    17. The lack of understanding of basic facts that have been well-established for years makes sense with a divided and partisan information ecosphere.

      Delete
    18. Yes the judgment refers to those guys as part of the PAC. They are also part of the campaign, separate from the PAC. The judgment doesn’t exonerate the campaign. If I belong to the Elks and the Rotary, a clean bill of health for the Elks does not apply to the Rotary just because I belong to both. Where is the FEC judgment for the campaign? You can’t cite it because there isn’t one. Cohen pleaded guilty to FEC campaign contribution violation for the campaign.

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    19. You can search for the tiny beast all you want, babe. It ain't going to change the fact the FEC document I cited says they failed to find a reason to believe that Donald J. Trump knowingly and willfully violated excessive contributions from Michael D. Cohen.

      Delete
    20. Russigate, Hunter Biden's laptop, the phony "crisis" at the border, high inflation, etc.
      None of this shit is real.

      Delete
    21. anon 2:14 - it's true legal expenses of a business are generally tax-deductible business expenses. However, the question is: did Trump claim the payments to Cohen as deductions? Is part of the charge against him that he claimed deductions for those payments? I'm not aware that this is the case.

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    22. It is among the charges so we can expect to hear evidence during the trial.

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    23. anon 4:42 - if he claimed deductions for the payments, that sounds like tax fraud - federal and state. Why wasn't he charged for that, which seems it would be much easier to prove? He's not being charged with tax fraud, only the false business record statute.

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    24. It probably has something to do with the statute of limitation. I doubt they can prosecute a tax case for 2016 return in 2024.

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    25. anon 5:01 you may be correct. I was thinking the same thing. There are definite answers as to whether (a) he claimed deductions on returns for the payments; and (b) if he did, was prosecution barred under a statute of limitations. If someone wanted to dig into it, they could probably find the answers, though I'm not motivated to try that.

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  18. anon 2:14 (and your other comments) - I get what you are saying. In my post, I asked if there were any other decisions where someone's conviction under this statute has been affirmed in circumstances comparable to the current Trump prosecution. I did a quick search but found nothing close, but there could be cases out there. That said, I can see how he could be convicted based on the law and the facts, and it might be confirmed on appeal. As a democrat who hopes he loses, I think reasonable people could believe that the prosecution is politically motivated. The crime is the business records statute, and it was a victimless crime (not that this seems to matter under the statute). Also, the campaign violation allegation that converts it into a felony seems a stretch, to put it mildly. Many pundits I've read have said this one is the weakest of all the criminal cases against Trump. Unfortunately, for a full discussion, it would take more words than you are I care to have me write.

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    1. Tax and business fraud are not victimless crimes.

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    2. anon 5:44, what if Trump wasn't running for president. But, in the otherwise same scenario, he paid her the same way, and then reimbursed Cohen in the same way. and say he didn't claim a tax deduction for the fake "legal bill" he paid Cohen - in that case there would be no second crime, so at most he would seem to be in violation of section 175.05. Who would be the victim under that scenario? Trump's present case is different - he's being prosecuted under 175.10 - based on the argument that the payment to Clifford amounted to a violation of election laws, and the entries calling the repayments to Cohen were for the purpose of concealing the Clifford payments. The argument, a pretty lame one to hang your hat on, is that the American voters were victimized because they voted without being informed (presumably via a story in the Enquirer, that Trump had this tryst with Clifford years previously. Kind of a stretch don't you think?

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    3. AC/MA,
      I can agree that if Trump hadn't broken the law (either in the way you want to describe it, or any other way), this case would be a stretch. Alas, back here in the land of the not hypothetical...

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    4. Without the election manipulation, It would be a misdemeanor but business fraud affects investors, employees, and faith/trust in business in general or the industry by consumers or customers. People need to operate in good faith, which includes being able to rely on a company’s books.

      Surely you can see, after Pecker’s testmony, that far more fraud was occurring than covering up those affairs, with the fake news published in a paper. You are forgetting that the Access Hollywood tae had come out and been dismissed as locker room talk. The info about the affairs would show that Trump was not just talking about having women but acting on his impulses. Trump thought it would ruin the election for him. But look at all of the things Trump did behind the scenes to win, most of which were illegal (Russian meddling, wikileaks emails, foreign funding, Comey’s letter). None of that was legitimate campaigning or reported to the FEC as camaign contributions. Dismissing this stuff as harmless and immaterial is wrong. If voters had know Trump was rigging the election like that, Trump would have lost. Did voters have the right to a fairer election? Absolutely, in my opinion.

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    5. Trump cheated in the election in 2016. Why is anyone arguing that is OK?

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    6. 10:58,
      They are down with what the media likes to call Trump's "economic anxiousness" (i.e. his bigotry) more than they like the USA.

      Delete
  19. I am not antisemitic.

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  20. Jurors do not need to know the crime that the hush money hid, just that there was a crime covered up. Trump's excuse of not hurting his wife is patently false. So it had to be covering up a crime.

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