So, Trump is now twice-impeached, four-times indicted, found liable for the equivalence of rape, a convicted fraud - and the leading choice by almost 50 points to be the Republican nominee for president. Meet today's Republican Party. Trump is worse than just that, of course, but it's a good starting point. More on that in a bit, since yesterday was a very bad day for Trump. A twofer, as it were. But the court-ordered dissolution of the Trump Organization is a really good place to begin. And it's even far worse, I think, that the news is reporting. "Far worse" is a bold statement to make when the court has found Trump guilty of fraud without even having to go to the jury. Their business certificates in New York State have been canceled, and independent receivers will be appointed to manage the dissolution of the canceled LLC's. This really bad. But a) that's an understatement, and b) stating the obvious. To be clear, this ruling can be appealed, and of course it will be. That doesn't mean it will be successful, though. And adding to the difficulty for Trump's attorneys in their appeal is that the judge sanctioned them for repeating failed argument that were called "borderline frivolous." "Borderline frivolous" is not something to take lightly, and actually means a great deal more to lawyers than to us folk in the public. Lawyers, after all, are allowed to make losing arguments all the time. But when you go so far overboard that the judge repeatedly calls them "borderline frivolous" And Sanctions You for them, it's really bad. Something that legal analysts have been pointing out. So, that would seem to add a huge hurdle to any appeal. How huge? Pulitzer Prize-winner David Cay Johnston writes that "A judge calling a lawyer’s argument 'frivolous' is the equivalent of saying it is no better than nonsense from a drunk in a bar, as I teach my Syracuse University College of Law students." But it's worse than that for Trump's attorneys. As Johnston adds, "Those lawyers may well find it wise to hire their own lawyers as Judge Engoron’s findings could form the basis of disbarment proceedings, something already underway against Trump lawyers Rudy Giuliani, the former federal prosecutor, and John Eastman, a former dean of the Chapman University School of Law in Orange, Calif." So, again, this is really bad. But, as I said, it's even far worse. And something that I've heard discussed several years ago in relation to lawsuits against Trump, but not mentioned - yet - about yesterday's news. But I'm sure it will be. I discussed it with a lawyer friend, and he confirmed what I said about how "far worse" this is for Trump. It's that so far, the story has been the dissolution of the Trump Organization. But left out is that when public entities like banks lend money to someone, or a company, the loan agreement includes the fiduciary responsibility that the bank has to its investor that if whoever receives the loan is convicted of fraud (or perhaps any similar crime)…the bank must call in the loan. And if the loan can't be repaid, the bank can take over the assets of the company. The Trump Organization has massive loans they owe to banks. This is not good for them. (Yes, I am the master of understatement at times…) Further, as my lawyer friend noted, although a person is not officially ruled as being guilty until an appeal is finalized, loan contracts are written in a way that don't take appeals into consideration. If you're found guilty of fraud, they can - or must - call in the loan. Whether or not there is an appeal. I'm sure we'll hear more about this as reporters and legal analysts read more of the ruling and digest it. But for now, it's fair to say - oh, you know. It's a really bad day for Trump. The other matter I noted above is much smaller. Something most people didn't even notice, I'm sure. It's not even anything criminal or even court related. But it's nonetheless something that's been a bugaboo for me for a long while - in fact, I wrote about it just the other day, again - because I think it has very substantive meaning for Trump, the GOP and the coming election. Every few months, I write something here or on social media about how the media uses "authoritarian" when describing Trump and the GOP, which bothers me. That's because, has harsh as "authoritarian," they haven't made the leap to calling it "fascism." And fascism is the more accurate, more blunt word that speaks much louder (and infuriates Republicans). While "authoritarian" is accurate, I think it's softer - not only for not being "fascist," but also because it has as its linguistic base the word "authority," which can sound almost good to those not paying close attention. Welll…Finally! MSNBC uses the "F" word! Yesterday, they had a chyron on the screen which read -- Yes, they’ve used the word before – but rarely, compared to “authoritarian.” And when used, it’s been someone referencing it in conversation. But far more to the point, I’ve never seen it in a chyron, which I think has much more impact – not just because it means there was a news decision made to use it, but also because (as a chyron) it sat on the screen for about 45 seconds. Coming on the heels of that two-minute fascism “ad” I posted last week, hopefully starting to take hold. Yes, it was a very bad day for Trump. Who is now convicted of fraud. On top of all that, y'know, other stuff.
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AuthorRobert J. Elisberg is a political commentator, screenwriter, novelist, tech writer and also some other things that I just tend to keep forgetting. Feedspot Badge of Honor
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