The Last Word With Lawrence O'Donnell 3/23/2024 | π ½π ±π ² BREAKING NEWS Today March 23, 2024
Summary
TLDRThe transcript discusses the financial troubles of former President Donald Trump as he faces a $464 million civil fraud judgment. Trump's inability to secure funds or assets to satisfy the judgment is highlighted, as well as his history of claiming wealth he does not possess. The transcript also touches on the upcoming criminal trial against Trump in New York and the potential for further financial liabilities from other lawsuits related to the January 6th Capitol attack. The use of campaign funds to pay for legal fees and the tax implications of such payments are questioned, with experts debating the legality and potential consequences.
Takeaways
- ποΈ Donald Trump faces a $464 million civil fraud judgment and has not provided a solution to prevent his assets from being attached by New York's attorney general, Leticia James.
- π Trump's merger with Digital World Acquisition Corporation cannot change his financial capacity to satisfy the judgment.
- π° Trump claims to have significant cash reserves but has been unable to post a bond with the court for the judgment.
- π€₯ Contradicting his claims, Trump's social media posts suggest he does not have hundreds of millions of dollars.
- π¦ The court gave Trump 30 days to resolve the financial issue, but he has not been able to do so.
- π Trump's financial reality is closing in, and he continues to make false claims about his wealth and intentions for his political campaign.
- π¨ Trump's lawyers have admitted the difficulty in coming up with $500 million in cash, calling it a 'practical impossibility'.
- ποΈ The Manhattan courtroom is set to expose the foundational lie of Trump's image as a wealthy politician.
- πΌ Trump's previous claims of self-funding his campaigns were false, as he loaned money to his own campaign and then paid himself back.
- π The judge in the case has expanded the role of a former federal prosecutor to monitor any efforts to secure bonds and examine representations made by the Trump organization.
Q & A
What is the main financial issue that Donald Trump is facing?
-Donald Trump is facing a $464 million civil fraud judgment and has not been able to come up with a solution to prevent New York's attorney general, Letitia James, from attaching his assets to guarantee the payment.
What is the significance of the merger between Trump's social media company and the Digital World Acquisition Corporation?
-The merger is significant as it was hoped to help Trump's financial situation; however, it cannot change his financial capacities on the deadline for satisfying the judgment against him.
Why hasn't Donald Trump been able to post a bond with the court for the judgment?
-Donald Trump has not been able to post a bond because he does not have $464 million, and he has not been able to get anyone to lend him the money needed to post the bond.
What did Donald Trump claim about his financial status in his social media posts?
-Donald Trump claimed that the judgment against him was unconstitutional and unfair, and that he has almost $500 million in cash, which he intended to use in his campaign for president. However, these claims are considered lies.
How did Trump's supporters react to his claims of wealth?
-Many Trump voters in Iowa believed that the wealth he claimed to have was a virtue and thought that he would be incorruptible because of it. Despite the exposure of his lies, some supporters continue to believe in his claimed wealth.
What is the role of the former Federal prosecutor, Barbara Jones, in this case?
-Barbara Jones, a former Federal prosecutor, is monitoring any efforts to secure bonds and has the authority to examine any representations made by the Trump organization in connection with securing such bonds, ensuring transparency and preventing financial shenanigans.
What is the potential impact of the upcoming criminal trial on Donald Trump?
-The upcoming criminal trial could be significant as it marks the first criminal prosecution of Donald Trump. It could lead to further legal and financial consequences if he is found guilty.
How might the Republican Party's financial support for Trump's legal fees affect his tax obligations?
-If the Republican Party pays Trump's legal fees, it could potentially be considered taxable income for Trump. However, depending on the nature of the legal fees, they might be deductible, complicating the tax implications.
What are the implications of using campaign funds to pay for legal defense?
-Using campaign funds to pay for legal defense could raise questions about the legitimacy of the expenditure under federal election law. The Federal Election Commission (FEC) has rules regarding the use of campaign funds, but enforcement has been weak.
What is the status of the civil suits related to the January 6th attack on the Capitol?
-There are multiple civil suits filed against Donald Trump for his alleged role in inciting the January 6th attack on the Capitol. These cases could potentially result in significant financial judgments against him.
How is Donald Trump's financial situation affecting his presidential campaign?
-Trump's financial situation is causing his campaign to spend significant amounts on legal fees, which is impacting his ability to fund campaign activities effectively. This is putting him at a disadvantage compared to the Biden Harris campaign.
Outlines
ποΈ Legal Troubles and Financial Woes for Trump
The paragraph discusses the legal and financial challenges facing Donald Trump. It highlights his inability to prevent New York's attorney general, Leticia James, from attaching his assets to guarantee the payment of a $464 million civil fraud judgment. It also mentions the merger between Trump's social media company and a higher-valued company, the Digital World Acquisition Corporation, which cannot change Trump's financial situation. The paragraph emphasizes Trump's lack of funds, his unsuccessful attempts to secure loans, and the court's 30-day deadline for him to resolve the issue. It also addresses Trump's repeated lies about his financial status on social media and his past broken promises regarding campaign financing.
π° Trump's False Claims of Wealth and Corruption Beliefs
This paragraph delves into the false claims made by Donald Trump about his wealth and the belief held by his voters that he was incorruptible due to his supposed financial independence. It points out that Trump's claims of having hundreds of millions of dollars were lies and that he has never spent his own money on his political campaigns. The paragraph also compares Trump's financial situation with that of billionaires like Jeff Bezos, Bill Gates, and Michael Bloomberg, who could easily cover a $500 million bill, and contrasts Trump's failures with their successes. It highlights the disillusionment of Trump's voters who believed in his wealth and the likelihood that they might still support him despite the truth.
π Trump's Inability to Anticipate Risk and Consequences
The paragraph focuses on Trump's inability to anticipate risks and the consequences of his actions, using his bankruptcy in Atlantic City as an example. It discusses his poor risk management skills in business and finance, and how these traits have led to his current financial and legal troubles. The paragraph also mentions an instance where Trump admitted to personally guaranteeing too much debt in the past and how he repeated the same mistake. It suggests that Trump's lack of maturity and strategic insight is leading to his downfall and that the process of revealing his true financial state will be gradual and uneventful.
π¨ Upcoming Legal Actions and Enforcement Against Trump
This paragraph discusses the impending legal actions against Donald Trump, including the collection of a $500 million judgment and the potential criminal prosecution in Manhattan. It mentions the role of Barbara Jones, a former federal prosecutor, in monitoring any efforts to secure bonds and examining representations made by the Trump organization. The paragraph also highlights the potential actions by New York's attorney general, Leticia James, such as sending restraining notices to Trump's banks and the possibility of seizing his personal property and real estate. It emphasizes the complexity of these legal proceedings and the potential for Trump's assets to be frozen or seized.
π Analysis of Trump's Legal and Financial Situation
The paragraph provides an analysis of Trump's legal and financial situation, including the challenges he faces in the civil case brought by the Attorney General and the potential criminal prosecution. It discusses the thoroughness of the DA's office in laying out the case and the likelihood of a trial date being set soon. The paragraph also touches on Trump's mindset, suggesting that he only deals with immediate issues and is unlikely to start worrying about the criminal trial until just a few days before it begins. It highlights the potential difficulties Trump could face as a witness in his own defense due to his tendency to lie and not follow script.
π¦ Implications of Using Campaign Funds for Legal Fees
This paragraph explores the implications of using campaign funds to pay for legal fees and the potential tax consequences for Donald Trump. It discusses the Federal Election Commission's (FEC) rules and the IRS's stance on what constitutes taxable income. The paragraph suggests that while the FEC has largely stopped enforcing its rules, the IRS has its own definitions of income and could potentially view campaign funds used for personal legal fees as taxable income. It also raises the question of whether these funds could be deducted as business expenses, depending on the nature of the legal case.
Mindmap
Keywords
π‘Civil Fraud Judgment
π‘Asset Attachment
π‘Digital World Acquisition Corporation
π‘Financial Capacity
π‘Political Campaign
π‘Insolvency
π‘Social Media
π‘Bankruptcy
π‘Accountability
π‘Campaign Finance
Highlights
Donald Trump faces a $464 million civil fraud judgment.
Trump's social media company is merging with a higher-valued company called Digital World Acquisition Corporation, but this cannot prevent the attachment of his assets.
Trump has not been able to satisfy the financial judgment against him by the deadline.
Despite claims of wealth, Trump does not have $464 million and has not been able to secure a loan to post a bond with the court.
Trump's past claims of having substantial wealth are contradicted by his current financial struggles.
Trump has a history of not using his own money for political campaigns, despite promising to do so.
Trump's lawyers admitted in court that it is practically impossible for Trump to come up with $500 million in cash.
The drama surrounding Trump's financial situation was foretold after his loss in the presidential election.
Trump's inability to anticipate risk and manage finances properly has led to his current predicament.
New York's attorney general, Leticia James, is preparing to attach Trump's assets to guarantee payment of the judgment.
Trump's claims of having almost $500 million in cash are contradicted by his legal and financial actions.
The real billionaire politicians like Mike Bloomberg did not brag about their wealth and could easily cover a sudden bill of $500 million.
Trump's false claims of wealth were believed by many of his supporters, who saw it as a virtue and a sign of being incorruptible.
The upcoming Monday is expected to reveal the truth about Trump's financial situation and expose his long-standing lies.
Trump's legal issues include multiple lawsuits over the January 6th attack on the Capitol, which could cost him hundreds of millions in judgments.
The Biden Harris campaign has a significant financial advantage over the Trump campaign, partly due to Trump's legal fees.
The use of campaign money to pay for Trump's legal fees could have tax implications, as it may be seen as taxable income.
The Republican Party and Trump's campaign are spending large amounts on legal fees, impacting his campaign financing.
The potential tax implications of using campaign funds for legal fees are complex and depend on the nature of the legal case.
The FEC has largely given up on enforcement due to political gridlock, allowing questionable campaign finance practices to go unchecked.
Transcripts
to a special Friday edition of The Last
Word focusing on defendant Trump Donald
Trump has not come up with a magical
solution to prevent New York's attorney
general Laticia James from beginning the
process of attaching his assets on
Monday in order to guarantee the payment
of a $464 million civil fraud judgment
against Donald Trump the merger
announced today between Donald Trump's
social media company with a much higher
valued company called the digital world
acquisition Corporation can do nothing
to change Donald Trump's Financial
capacities on Monday when Donald Trump
hits the deadline for satisfying the
Judgment against him if Donald Trump had
$464
million he could just post it with the
court as a guarantee that he could cover
the Judgment if he loses his appeal of
the case but Donald Trump doesn't have
that much money despite claiming to have
had much more than that for many many
years now and Donald Trump has not been
able to get anyone to lend him that
money so that he could post a bond with
the court for the Judgment which would
then protect his assets the court gave
Donald Trump 30 days to figure this out
and he hasn't been able to and so now as
Financial reality closes in on him
Donald Trump goes to bed lying and wakes
up lying last night at 1:54 a.m. he
posted one of his familiar lies on
social media saying that the Judgment
against him was unconstitutional and
unfair and that it was
designed by the judge to quote not allow
me to use any of the large amount of
cash I have built up over the years
through hard work Insight Instinct and
diligence on my political campaign for
president so the LIE there is that
Donald Trump does not have hundreds of
millions of dollars just doesn't have it
and the lie that he was going to spend
that money on his political campaign
that is a complete and total lie Donald
Trump has never spent one penny of his
own money on any of his political
campaigns in his first campaign for
president after promising that he would
Finance his entire campaign himself and
would never ask anyone to donate to his
campaign
Donald Trump loaned a total of $10.8
million to his campaign to get it
started and then he quickly began
begging for money every day of his life
online to his supporters and when his
supporters sent in enough
money Donald Trump paid himself back the
$10 million that he loaned to his
campaign so no Donald Trump was not
hoarding large amounts of cash hundreds
of millions of dollars so that he could
spend that money on his political
campaign as he said just before 2 am.
last night and then when he woke up this
morning if he slept at all at 7:14 a.m.
Donald Trump repeated that lie saying I
currently have almost $500 million in
cash a substantial amount of which I
intended to use in my campaign for
president no he did not he has never
intended to use one penny of his own
money in his
campaign and saying that he now has
almost $500 million in cash would mean
that his lawyers were lying when they
told the judge at the beginning of the
week that it was quote an impossibility
that was their word an impossibility for
Donald Trump to come up with $500
million in cash Trump's lawyers actually
called that quote a practical
impossibility the Trump lawyers
explained to the court just how
thoroughly Donald Trump failed in coming
up with the money the lawyers said quote
these diligent efforts have included
approaching about 30 shorty companies
through four separate Brokers a bond
requirement of this enormous magnitude
effectively requiring cash reserves
approaching $1
billion is unprecedented for a private
company so in a Manhattan courtroom on
Monday the foundational lie of Donald
Trump's image building as a poli
politician will be
exposed I don't need anybody's money
it's nice I don't need anybody's money
I'm using my own money I'm not using the
lobbyists I'm not using donors I don't
care I'm really rich that was an
enormous part of Donald Trump's initial
appeal when he began as a candidate he
mounted other appeals including direct
appeals to racist to expand his base of
support but many Trump voters in Iowa
believed that and said then in
interviews that the Trump wealth that
they believed he had was a virtue they
believed he would be Incorruptible
because he had too much money already to
be corrupted Donald Trump was lying
about that and his voters were wrong to
believe it but they have forgiven or
overlooked every Trump lie that has been
exposed and so at the end of the day on
Monday most of them might still be
willing to believe that Donald Trump is
as rich as he has always pretended to
be but Donald Trump knows better and
Donald Trump has proved how rich he
isn't to anyone who can
think the world's famous billionaires
have no problem coming up with $500
million Jeff Bezos has that in his
pocket Bill Gates has given away more
money than Donald Trump has ever had in
his life life Bill Gates has given away
billions of
dollars and the real billionaire New
York politician former mayor of New York
Mike Bloomberg who has also given away
billions of dollars never brags about
his wealth he could easily cover a
sudden bill of $500 million at any time
from his current Holdings of
106.2
billion Mike Bloomberg started with
nothing grew up in Suburban Boston moved
to New York City had to work to make
every single penny he has earned had to
do it on his
own Donald Trump hates billionaires like
Mike Bloomberg who came to the big city
where Donald Trump was born rich and
left Donald Trump far behind in the
building of important businesses and the
accumulation of wealth that staggers
Donald Trump's poisoned
imagination Donald Trump has never dared
to even pretend that he is as rich as
Mike Bloomberg never mind the younger
men like Bill Gates or Jeff Bezos who
have hit the stratospheric level of
wealth that Donald Trump sees with
jealousy about every day of his
life the drama Donald Trump is living
through now now the drama he's living
through tonight the drama that we are
all
watching was foretold when the
presidential election was called for Joe
Biden and Donald Trump officially
entered the history books as a loser on
that day Peter Marx the drama critic of
the Washington Post
wrote I imagine it as a chilling final
turn of the plot his world is coming to
an end
he will never have another good day
loser label will haunt him the law will
pursue him mental illness will hobble
him his
properties will bankrupt
him leading off our discussion tonight
is Tim O'Brien senior executive editor
for Bloomberg opinion and author of
trump Nation he is host of the Bloomberg
podcast crash course and an MSNBC
political analyst also Ander Weissman
former FBI general counsel and former
Chief of the Criminal Division in the
eastern district of New York he is the
coauthor of the New York Times
best-selling book the Trump indictments
uh Andrew Eisman as we close in on
Monday uh what will you be looking for
on
Monday the trial date you know I think
um looking at the
papers uh leaving a leaving aside one
caveat which is that one of Donald
Trump's lawyers is really a superb
ethical lawyer so you never want to sort
of count her out I'm I'm going to be
interested to seeing what Susan necklace
that defense lawyer has to say what
arguments she makes but having read the
papers on both sides this really looks
like a sort of minor kurur fuckle I
think the judge will be focused on is
there anything there that's going to
take more than the 30 days that he is
granted uh and whether the judge will
stick with essentially this trial
starting on ironically given your
opening and what you talked about April
15th um but I I sort of expect that we
will get a trial date that is if not
that date shortly thereafter so uh Tim
O'Brien in the Civil uh case now which
enters this new zone of the $454 billion
million doll collection period um we get
the feeling uh from the outside you've
dealt with Donald Trump up close he sued
you for telling the truth about how rich
he wasn't uh you won of course um you
get the feeling that he doesn't actually
feel he can't anticipate danger properly
it's why he went bankrupt in Atlantic
City the the ability to anticipate risk
is what saves businesses from disaster
it saves all areas of life from disaster
he he seems surprised that it has come
to this yeah you know business is
riskmanagement banking is riskmanagement
managing money is risk management I was
he and I were walking around Mara Lago
once in around 2005 talking about when
he almost went personally bankrupt in
the early 1990s and he said you know my
father always said to me never
personally guarantee any loans and and I
made a mistake I I personally guaranteed
too much money in the early 1990s I
didn't think it would catch up with me
and it did and I learned my lesson I
decided I'd never personally guarantee a
loan again after that I later found out
that he was lying to me in that very
moment I didn't know it but it turned
out he had personally guaranteed some of
the loans on a new building he was he
was developing in Chicago that only came
out a few years later um so he goes
through these searing moments where he
almost loses everything he can has and
he says I've learned these lessons and I
should have listened to my father and
then lo and behold he's doing the same
old thing and now here we are in you
know in
2024 and and he is about to get exposed
it's going to be a slow grind I don't
think there's going to be a lot of drama
on Monday but the process of opening the
kimono and and discovering that indeed
Donald Trump has no Financial clothing
at least not the kind of financial
clothing he's claimed he's had begins
and and it is a demonstration that he
doesn't learn his lessons he doesn't
anticipate problems properly and he
doesn't do it because he's a juvenile
delinquent he he lacks the maturity and
the wisdom and the Strategic Insight of
an adult uh and and Andrew Barbara Jones
role in this uh by that's been expanded
uh by judge andoran includes the
following it it says that uh she should
monitor in advance any efforts to secure
shy bonds so that would mean if anything
was going on this weekend you have to go
through her first or in the last few
days and it says uh she also has the
authority uh to examine any
representations made by the Trump
organization in connection with securing
such bonds so Andrew that seems to
indicate that whatever goes on here uh
cannot be done secretly e even some
magical multi-billionaire Angel who
wants to come in and drop that money uh
in Donald Trump's pocket it's seems
Barbara Jones would have to know about
that that's absolutely right and so
people understand Barbara Jones is a
former Federal prosecutor who for years
served as an article 3 federal judge in
the southern district of New York and
has been engaged in oversight of the
Trump organization judging Goran in the
Civil fraud case has expanded her role
to as exactly you said making sure that
that there are no Financial Shenanigans
going on um because the judge has found
that there was a history of Fraud and
financial Shenanigans and so he's trying
to make sure that does not repeat itself
so she will be overseeing whether for
instance um there's a purported sale of
an asset with you know which was not
really at market value um making sure
that there is no fraud going on to at
the last minute somehow manufacturer the
sum of money that Donald Trump needs I
would also just point out the stupidity
of Donald Trump saying today that he
actually has the money he has pending
before the court an application where
the application to the court is please
lower the bond amount because I cannot
pay it and at the same time he has said
I can pay it so just put yourself in the
shoes of the judges who have that
application
them do you think they would grant that
based on the defendant now saying oh I
can actually pay it I mean one way or
the other somebody is lying about that
and I've never seen a stupider litigant
in court on a very consistent basis uh
and Andrew let me take you back to uh
the criminal prosecution you're talking
about in Manhattan which is obviously
going to be the first criminal
prosecution of Donald Trump and it's
pretty clear that it is going to happen
uh if not in April ail certainly by May
and and with the latest pleadings we've
seen in this case uh that concern the
recently developed evidence that the
district attorney is saying look there
isn't much there it's largely
duplicative it doesn't require a lot of
time to uh to modify the defense in a
way that includes that new evidence so
uh we are going to know uh do you expect
that we will have a trial date set soon
or might might the trial date discussion
uh be be continued for a
bit it is possible but you know this is
a serious judge and he clearly was not
happy about this predicament I I would
be surprised if we don't hear something
on Monday if not Tuesday about the trial
date I I just think the papers that were
submitted by the DA's office are so
thorough um because they laid out they
gave so many affidavits as to what it
precisely happened but I just think it
Narrows the issues for the judge on
Monday that I'd be surprised that he
doesn't just you know hear from the
defense rule on it and then say this is
the trial date and give everyone advaned
warning that that's what I would
anticipate and Tim to Donald Trump who
apparently his his mind works like a
junkies he he only deals with the thing
in front of them at that moment right so
when we get past the whole issue of
what's happening with the collection of
the the half a billion dollars for any
other person the looming criminal trial
that is right behind it right behind it
would be really top of mine now it's it
seems like his brain won't even start to
worry about that until it's a couple of
days before going to going to trial and
where and in which he might have to
testify and and he is a lawyer's worst
Nightmare on the stand he is he he
bloviates he lies he doesn't stay on
script and undoubtedly he's not
listening to any advice he's getting
from them right now it is the legal
equivalent of what he does financially
in his business life which is to not
anticipate the freight trains that are
rolling towards him in an existential
way and and he just doesn't know what to
do Tim O'Brien's going to stick with us
to guide us through more of this Andrew
Weissman thank you very much for
starting off our discussion tonight and
a podcast note as Donald Trump's first
criminal the sheriff literally send the
sheriff to begin collecting from Donald
Trump that's
next New York attorney general Leticia
James first move against Donald Trump's
assets might be at the most liquid
assets beginning of course with cash the
near Times reports she could send
so-called restraining notices to Mr
Trump's Banks and broke B's firms
effectively freezing his accounts she
could do the same to anyone who owes Mr
Trump money essentially collecting rent
from tenants in his building here is
what former New York Assistant Attorney
General Adam Pollock said last night on
this program about what we can expect to
see next
week well we should see on Monday or we
should see after the expiration of the
deadline is a few devices used to
enforce the Judgment one is Bank
execution
the Attorney General can enlist the
sheriff or the Marshal kind of a wild
west meets New York City to go execute
on Bank on banks on assets held in
financial institutions like Banks or
others to what does execute mean so
execute nobody's dying right but the
assets get seized by the sheriff and
turned over to the Attorney General's
office to the state of New York right
away right away no judicial process
involved the statute says forth
with Politico reports that after that
after going after Trump's bank accounts
Attorney General James would likely then
move on to seizing either Trump's
personal property planes cars jewelry
artwork or real estate such as Trump
Tower 40 Wall Street or the Trump
National Durell Golf Resort joining us
now is Mark Zer a veteran New York
business litigator who has secured many
appeals bonds and Tim O'Brien is still
with us uh Mark the sheriff is coming
literally the sheriff is coming well he
doesn't wear a hat got a badge here or
you know we we picture in our Mind's Eye
that come Monday if there's no bond
posted you're going to have little
people running around the city you know
from the Sheriff's Office putting
padlocks on real estate that's not going
to happen we're going to have a lot of
paper shuffling and as your last night's
guest said there are processes there but
it's going to take a little longer I
believe that was outlined so the these
devices that were referenced can be used
simultaneously so let's go after the lwh
hanging fruit that's the bank accounts
right well here's what happens so you
deliver a piece of paper to the sheriff
it's called an execution the paper is
brought to the bank that's called a levy
that secures in priority uh the Attorney
General's position on those accounts the
restraining order that you've served
sometimes only preserves a for some
other creditor that comes first you have
to perfect you have to have that Levy
and then if the money is not turned over
which it normally is not until there is
what's called a turnover proceeding
brought which is an order from the court
that's sought to turnover the
proceedings to the attorney general so
it happens but it happens not in a in a
nanc at the same time she will be
turning retention to real estate but
that's tricky remember she can only get
her hands on and order the sale uh of
the interests that Mr Trump has now you
take 40 Wall Street for example which
we've we've seen talked about a lot uh
in the media he doesn't own the building
he has a ground lease so he since he
doesn't he he leases the ground the
building is on he owns he leases it to
yes the tenant is the owner of the
building so she can come in and uh for
clo on it so to speak the the sheriff
will levy on it and it will be put off
at auction at the best value who's going
to buy it and how much are they going to
pay for it uh or she might get an order
from the court called the charging order
where she can keep temporarily the the
fees that are coming in from the tenant
the building owner but he doesn't own it
in other situations the real estate he's
owned is owned by various corporations
and he has an interest in corporations
that have interest in those corporations
you can't get that real estate sold that
way all that can happen is the attorney
general buyers don't want a transaction
that complicated yes and they don't want
a minority or even an interest in
stocking some company that's you're that
may have liabilities they don't know
it's like when you in a business
transaction you may want to buy an asset
but you're not going to buy stock
because you don't know what liabilities
go with the assets so it's going to take
time uh Tim O'Brien I am shocked uh
Donald Trump doesn't own what he says he
owns I am shocked I thought he owned 40
Wall Street uh he's got this new deal
that he's uh happy about this merger uh
with his uh website his website is worth
nothing uh on the day of the merger uh
but there's no way that's going to
affect his financial picture on Monday
it absolutely won't he he's locked up
from selling the shares for six months
anyway the the value of the shares are
going to be variable over time so anyone
attaching that at an asset it's not
going to be something that's going to be
attractive to them because they can't
actually predict what the value of it
will be over time once it's publicly
traded and and and and Trump's own you
know the spack itself they've all been
full of speculative collapses the the
the operating numbers of this particular
company are not great it is writing on
the gas of Trump's name being attached
to it and as Mark just pointed out
Trump's name being attached to something
doesn't necessarily mean permanent value
or ownership there's a number of
buildings in New York the Trump
International Tower Columbus Circle GE
owns that not Donald Trump a German owns
the land under 40 Wall Street Trump
Tower most of it is owned by the condo
uh owners who own the apartments in that
in that Tower he controls some of the
commercial space in the basement and his
own condo but he doesn't own the whole
building and he Mark I I got to ask you
about we've been talking about Donald
Trump's inability to anticipate risk
anticipate danger anticipate where he's
going to hit the wall you've represented
clients in situations like this where
the Judgment has gone against them at
what point in the proceedings do you
tell your client if this judgment goes
against you here is what the proceedings
here's what the proceedings are going to
be here's what you're going to face uh I
I would suspect you tell them that early
in the process like somewhere in the
first week or so so they can think about
is there a settlement to there's a lot
of things to think about when you
understand what the risk is 100% it's
probably the first conversation after
you get your retainer okay so uh ABS
absolutely so if I could add to what my
colle so what would you have said in in
a case like this involving okay there's
there's business fraud here the attorney
general has what they have uh if the
judge finds against you what would you
have told your client early on in a case
like this well I'd tell them what would
happen I'd go through these steps if you
lose i' try to give an honest view of
the merits of the case as I understand
it and sometimes a client will ask well
if I lose you know can they get my
assets and can I do anything about it I
say that's not what I'm representing you
for and if he wants to do things that
involve planning to get his assets out
of the jurisdiction some clients do I
don't get involved with that I'm sure Mr
Trump has had extensive counseling about
his assets at this point and by the way
on Monday this merger where he's going
to get stock it's not going to do them
any good the court won't take it Court
only wants cash a bonding company is not
going to take it to issue a bond because
who's who it's speculative and if they
took it and two years from now they had
to pay out what would it be worth so and
it finally it's going to be attached by
Leticia James the money will go to her
if this money so it's it's nothing uh we
got to leave it there mark zauer and Tim
O'Brien thank you both very much for
this important decision discussion I'm
learning so much that I didn't know
coming up the worst of the Civil Trial
penalties that Donald Trump faces could
still be ahead of him as he faces
multiple lawsuits over the January 6th
attack on the capital that he incited
those cases could cost Donald Trump
several hundred million dollar in
judgments against him Congressman Eric
swell is one of the people suing Donald
Trump for what happened on January 6th
he'll join us
next other lawsuits on Donald Trump's
legal Horizon in Washington DC could
cost him several hundred million doar
last year a Washington DC jury returned
a judgment of 14 8 million against
Rudolph Giuliani for
defamation imagine how big a dollar
judgment a Washington DC jury might
return against Donald Trump for the
physical injuries suffered by police
officers on January 6th who are now
suing Donald Trump for that a Washington
DC jury decided that Rudolph Giuliani
must pay Georgia pole workers Ruby
Freeman and wander Shay Moss 100 $148
million for lying about them jurors
drawn from the same jury pool will
decide five different lawsuits filed
against Donald Trump for causing the
attack on the capital on January 6th
Congressman Eric swalwell filed one of
those lawsuits and we'll join us in a
moment another group of members of
Congress filed another lawsuit and
police officers have filed three lawsuit
against Donald Trump for injuries they
suffered on January 6 the trial juries
in those cases will be hearing testimony
like
this while we were suggested that they
was like something from a medieval botle
we fought hand to hand inch by inch to
prevent an invasion of the cap provide
violent mob intent on subverting our
democ Democratic process my fellow
officers and I were committed to not
letting any writers reach the
capital it was a prolonged and desperate
struggle the writers attemped to breach
the capital were shouting Trump send
us pick the right
side we won Trump I too was being
crushed by the riters I could feel my
myself losing oxygen and recall thinking
to myself this is how I'm going to die
defending this entrance
joining us now as Democratic Congressman
Eric swell California he served as an
impeachment manager in the second
impeachment trial of Donald Trump thank
you very much for joining us tonight
Carson swell uh the cases uh involving
the January 6th attack on the capital
all of those civil suits for which you
have won these might be the cases that
do finally bankrupt Donald
Trump there's so many victims uh in
these cases and and Lawrence as you
mentioned we have not know set out a
dollar amount you know we're principally
seeking accountability and ultimately
it's up to a jury as to you know what
that dollar amount is if Donald Trump is
found guilty for inciting and aiming the
mod but you know the the plaintiff class
is so large and as you said when you
compare it to the Giuliani verdict uh
the exposure is certainly pretty great
and and what I hope people uh at home uh
take comfort in is that for years
there's been this frustration that
Donald Trump
has escaped uh responsibility and
accountability and finally even as slow
as these cases are moving and they're
moving too slow uh accountability is
coming for Donald Trump and and perhaps
you know that's how we can redeem the
rule of law in our country yeah we're
going to see some accountability on
Monday and and that's why the the uh
judicial system has two components civil
and criminal sometimes criminal moves
faster than civil sometimes civil moves
faster than criminal uh here we've seen
uh this case uh brought by the Attorney
General was actually years in the making
uh but this year it seemed to move quite
quickly uh compared to what people were
seeing on the criminal
side and Lawrence you know frankly our
criminal and civil uh justice system was
not built for a legal terrorist like
Donald Trump he is a professional
litigant and he there may not be another
person in America who has had their name
attached to more lawsuits than Donald
Trump and and through 40 years of
experience in the legal system he's
learned how to grind it down and to
delay delay delay and obstruct uh and
he's been somewhat successful and and
frankly we have to look Beyond Trump as
to what do we do when someone like Trump
comes along in the future Adam Schiff I
think has the best proposal here he has
a bill called the protecting our
democracy act which creates kind of a
FasTrack uh when you have cases
involving an executive or a former
executive so that someone isn't able to
grind it out like this and then perhaps
win an election and then make their uh
liability go completely away so the
first thing that Donald Trump is already
in the process of bankrupting is his own
presidential campaign uh the Biden
Harris campaign raising much more money
uh than the Trump campaign Biden Harris
campaign spending it all on campaigning
uh the Trump campaign spending it on
Donald Trump's
lawyers yeah and and Lawrence again
these folks so many of them through
small contributions you know put their
faith in a man who's promised that he's
going to make their lives better and all
he's done is made his own uh life you
know better and and when Donald Trump
looks at the word America you know it
has seven letters in it and he only sees
one the letter I and and that's why we
have to make it clear this election in
November for Donald Trump is entirely
about escaping accountability is is to
the degree that Joe Biden can show that
for him the election is about seeing
everybody and governing for everybody I
think he can win on that and that's
going to become even more pronounced as
more and more cases uh come you know for
Donald Trump and we get closer to
November Congressman Eric swall well
thank you very much for joining us
tonight my pleasure I'm coming up if the
Republican Party pays Donald Trump's
legal fees could Donald Trump have to
pay taxes on that money as taxable
income we'll discuss that Tim O'Brien
and D Daniel shaviro professor of
Taxation at NYU Law School that's
next so at 10:17 p.m. tonight when
Donald Trump was no doubt alone in a
room in that home in Florida that he
cannot afford so he had to turn it into
a hotel in a restaurant to be able to
live there himself he was no doubt
staring at the TV at the exact moment
10:17 p.m. when Tim O'Brien on this
program who will rejoin our conversation
in a moment was talking about how
horrible a witness Donald Trump would be
if he tried to testify in his own
defense at his first criminal trial
which Andrew Weissman had just told us
will be beginning in April or possibly
at the latest in May and at that moment
at 10:17 p.m Donald Trump posted on his
social media Network abuse of power
exclamation
point that's Don that's how Donald
Trump's Friday night is going the Biden
Harris presidential campaign has a
massive financial advantage over the
Trump campaign for two reasons one the
Biden Harris campaign is setting records
for fundraising and two the Trump
campaign and the Republican Party are
spending massive amounts of money on to
pay for Donald Trump's lawyers who he
presumably cannot afford to pay himself
ignored by the media in that transaction
of paying for Donald Trump's lawyers are
the legalities involved in using
campaign money to pay for criminal
defense lawyers and the possible income
tax implications to Donald Trump who is
in effect receiving those millions of
dollars first as income to him which he
then disperses to his lawyers when they
give him their bills joining us now is
Daniel shaviro professor of Taxation at
New York University law school and Tim
O'Brien is back with us Professor Shiro
uh there are two governing entities that
have an interest in this one of them is
a weak entity the federal elections
commission which has basically abdicated
enforcement because it's stuck in a
standoff between the Democratic members
of it and the Republican members so they
don't really enforce anything anymore
but what is the Federal Election
Commission say in their rules that they
don't enforce about this money about
using campaign money to pay
lawyers well that's not I'm I'm more
knowledgeable about the tax and about
that but I've researched that a little
bit and they have a the so-called
irrespective rule so it has to be
litigation that would be occurring
irrespective of whether the person was
running for office now I think there's
just no doubt well I hate to opine on
federal election law there's no doubt
that they're paying for the Trump legal
case about the insurrection is the 14th
amendment that that was legit some but
something else like for example the uh
Gene Harris trial there it's just uh
totally different the E Carol trial yeah
I'm sorry Carol trial yeah and uh that
is highly like likely from what I know
about election law to be illegal on the
other hand as you point out it's not
going to be interpreted so maybe the tax
law though we're not sure that's going
to be enforced either here that might be
a a more uh Salient way to look at it
yeah so on the on the tax question uh
the IRS and tax law they don't care what
the f FEC says or any anyone else says
about what income is and what it isn't
they have their own definitions of
income how does the IRS see
this well uh I think the IRS the actual
IRS is probably lying low on this but if
you ask how should the IRS see it from
the point of view of enforcement uh it's
really not one question it's a bunch of
questions and the reason is that there
are a bunch of different expenditures
again there's really no chance that he
has taxable income I think on uh having
the Republican National Committee pay
for his uh defending his right to be on
the ballot uh without regard to the
merits of that claim of sueme Court
decision on the other hand when he has a
personal uh lawsuit because he sexually
assaulted and then def Fame someone
that's a little bit different so I think
the tax question kind of when they give
him money if they give him money to pay
for something that's deductible it
really doesn't matter because the income
is offset by the deduction on the other
hand if they gave him money to pay for
his groceries that would be income and
no deduction so we have to look at the
different uh criminal and civil trials
and kind of see where they are and it
seems to me to be pretty clear that when
you're defending yourself against
defamation uh and based on sexual
assault the tax standard for deducting
legal fees that you pay is called the
origin of the claim uh rule so there was
a uh there was a corporate executive who
had a divorce and his wife wanted to
take half of the stock and the divorce
and he said he needed to he would then
lose control of the company be fired a
CEO and he therefore needed to uh have
deduct fighting her in the divorce and
the Supreme Court said we don't care if
that's true or not it's the origin of
the claim this claim the legal fees came
from your defending a divorce that's a
personal matter so I think that just
clearly applies to the civil suit in New
York where he just uh faced $88 million
of liability now on the other hand the
uh the thing that you've been talking
about and that everyone's been thinking
about about the suit on Monday that is
uh his his paying for that is probably
deductible in respect to his business I
to give it an analogy if Tony Soprano is
uh indicted under the federal
racketeering law as I think Tony Soprano
can probably deduct
uh paying his legal fees so again here
having someone else pay them uh and not
including it because you can deduct what
it was done for makes it a wash now the
some of the other cases are are in
different uh uh settings for example you
were talking about the Washington civil
trials that are yet to come and of
course we know all about the other
criminal trials and on those I think he
has a pretty good case
for deducting it and but on the other
hand it's not it's not iron class there
actually counterarguments against saying
that he has to include it which would
probably take five or 10 minutes more to
explain uh but on the New York civil
defamation I just don't see any chance
it's not taxable incol uh Tim O'Brien uh
taxable income is not the first thing
Donald Trump thinks about when people
give him money no and and you know he's
bleeding small donor contributions and
that's been the lifeblood of his
campaign fundraising and it may that all
of these Shenanigans are starting to
register with all the little people
who've been giving Donald Trump money in
the idea that that he's actually
carrying their values and their needs
into the world instead of just lining
his own wallet and paying off his
lawyers with that money and I have to
wonder in the midst of all this where is
the FEC uh you know well they gave up
enforcement years ago it's this horrible
political Jam that they're in because
they're supposed to have an equal number
of Democrats appointed an equal number
of Republicans appointed in the past
they all had the same attitude ude
toward uh running clean campaigns and
making sure the laws are observed the
the Republicans have blocked every
single enforcement the they've tried to
do there at the FEC but couldn't someone
bring a complaint to them nonetheless
that the FEC would be compelled take no
no they they have people do file
complaints and the Republicans blocked
the procedure within the FEC which they
control uh you know either side can
control that procedure we could go on
and on another blow for about the FBC
and Donald Trump's been lucky to be
there during that era uh Professor Shiro
and Tim O'Brien thank you both very much
for joining this discussion we'll be
right
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