Mitchell Epner

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Mitchell Epner

@mitchellepner.bsky.social

Attorney, former AUSA, father, husband, former JBLC, long-time Knicks fan and occasional talking head
https://mitchellepner.substack.com/
https://www.thedailybeast.com/author/mitchell-epner
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For the same reason handlers of search & rescue dogs occasionally have volunteers put themselves in a position to be "found" alive in a grim disaster scene -- to keep up morale so that these dogs keep working -- I give you this screen shot from the BOP showing the current location of Steve Bannon.
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The opening paragraph of Justice Sotomayor's dissent: .
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In his dissent, Justice Gorsuch makes the same point, more eloquently. "Jurors are more than up to performing that task, and they hardly need the help of some clairvoyant."
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New York Court of Appeals (our highest state court) just dismissed, sua sponte (on its own motion), Former President Donald Trump's appeal of the intermediate appellate court's denial of relief from gag order entered by Justice Merchan in criminal case. www.law360.com/articles/1849139/attachments/0
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1/ Anyone who tells you that Justice Alito can be forced from SCOTUS for his candid admission in a surreptitiously recorded conversation that "winning" by the Right is the only way to get past polarization is engaged in wishful thinking. theintercept.com/2024/06/10/d... Anyone who tells you . . .
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1/ This screenshot seems to me to be the best representation of why many people feel we are in a bad economy despite record high employment and continued GDP growth. During 2020, wages grew far faster than inflation. From 2021 - 23, inflation was higher than wage growth. For many people, . . .
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Councilman Salaam responded to the verdict with amazing grace. www.nydailynews.com/2024/05/30/d...
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From my FAQ (linked in original post):
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ADA Steinglass just shoved another Trump social media post down his throat. Trump claimed he hadn't "seen or spoken to her since I took a picture with her on a golf course . . . close to 18 years ago." Trump's most loyal secretary testified Ms. Daniels was invited to a Trump Tower meeting.
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If I were required by a judge to keep going in my closing argument past 6:30 pm, I would be very glad to have evidence like this to perk up my jury, where the sole substantive defense witness calls his putative client (Cohen) an "asshole" and makes it clear he is in league with Trump.
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And there it is. The prosecution shoves Donald Trump's admission that the payment to Michael Cohen was a reimbursement, not a legal fee, down Trump's throat.
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Here is the actual admission:
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As predicted, the prosecution points out that Donald Trump is the person who picked out Michael Cohen to be a witness in this case:
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I swear that this piece of stupidity is really currently posted on Former President Donald Trump’s Truth Social account. Since the birth of trials in America, the prosecution has ALWAYS had the last word. The man is an ignoramus. That is a fact, not an opinion.
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I was taught (as was Todd Blanche) at the National Advocacy Center of the DOJ that Rule #1 for cross-examination is "never repeat the direct." Todd Blanche just ended his cross-examination by violating Rule #1 in the most egregious way. We will see what the jury thinks.
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Happy Mother’s Day to Mary, the greatest “Mama” I know. From even before Madison was born, Mary has been a protector, cheerleader, mentor, confidant, drier of tears, dispenser of laughs and wisdom, style icon and force for love. Everything I know about being a good parent, I learned from Mary.
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Another brick in the wall that is being built by the prosecution in New York v. Trump. h/t @klasfeldreports.bsky.social
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This has not been a good morning of testimony for Former President Donald Trump. Their best shot to get testimony during Government's case-in-chief that Trump paid off Stormy Daniels to prevent Melania Trump from learning/public embarrassment went up in smoke.
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Much like Donald Trump is a poor person's idea of a rich person, this cross-examination by Susan Necheles (a very good criminal defense attorney) is a dumb person's idea of effective cross-examination. I strongly suspect that FPOTUS insisted that Ms. Necheles do this.
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In a further sign of the impact of the $787M settlement that Dominion received from Fox News, Michael Cohen's counsel announced today that OAN had retracted as "false" its story that Mr. Cohen had an affair with Stormy Daniels (a/k/a Stephanie Clifford)
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Judge Lewis Kaplan (SDNY) has rejected all of Former President Trump's attacks on the verdict and the scope of damages in the E. Jean Carroll case. I have taken screen shots of some of the most choice language, which I expect will be quoted extensively in future litigation.
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My favorite meme of the Spring holiday season. Chag Sameach.
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That sounds right. He is either 49 or 50 years old. His life just got worse with his client's post-hearing post on Truth Social.
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At 11 am, after a contempt hearing that went horribly for Former President Trump but before Justice Merchan ruled, FPOTUS posted this on Truth Social. We'll see how Justice Merchan responds. At this point, I cannot imagine an appeals court in NY reversing any sanction Justice Merchan imposes.
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@klasfeldreports.bsky.social provides the (very strong) first sentence of ADA Matthew Colangelo's opening statement: "This case is about a criminal conspiracy and a cover-up." In my opinion (~30 years as a NY trial lawyer), the ADA just gave the jurors an easy way to understand all that follows.
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Justice Merchan's rulings on the Sandoval hearing are in the screenshot below. TL;dr - Having engaged in a lot of "fooling around", Former President Trump now "finds out" that there are consequences. For an ordinary defendant, this would keep him from taking the stand. With Trump, we'll see.