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A scribbled note said to have been written by former Trump Organization Comptroller Jeffrey McConney reads: "DJT TO GET FINAL REVIEW.” The note appears on a document that allegedly exaggerated Donald’s net worth by $3.5 billion, and contained expansive evidence of fraud.
I shared this evidence with attorney Joe Gallina of Call to Activism, who said, “I can’t think of a bigger smoking gun than one that says – in all caps – “DONALD TRUMP MUST APPROVE THIS” on a document riddled with fraud.”
This is significant for several reasons, which I’ll explain and I’ll then dive into some exclusive legal analysis below, and even more during my video with Gallina.
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(Image: Business Insider/ Laura Italiano)
GIST
Why is this a note from hell —not only for Donald, but also for his kids, Allen Weisselberg, and Jeffrey McConney ?
This Monday, McConney testified that the chain of approval for Trump’s net-worth statement was McConney, then Weisselberg, and finally the financial audit firm Mazars USA, which would complete the final document.
What he DID NOT testify to was that Donald got final review.
But there it is, clearly spelled out: “DJT TO GET FINAL REVIEW.”
This, the state will argue, puts Donald squarely in the chain of approval for the document, and therefore, fraud.
“BUT IT GETS WORSE” – LEGAL ANALYSIS
There’s one simple reason this scribbled note will live rent-free inside of Donald’s head over the next few days.
This potentially deal-breaking document was NOT provided in discovery by Donald’s lawyers. Instead, it was handed over by Mazars, Donald’s financial auditing company, .
According to Newsweek’s Khaleda Rahman, that fact could “doom the fraud trial defense.”
How specifically? Gallina broke it down:
“Once again Donald has a terrible day in New York court, and frankly, I think it was the worst one he’s had in this trial,” he said.
“The key significance of this notation is not only that it ties Donald directly to a fraudulent document, but it puts his lawyers in hot water for not providing it to the court during discovery.
The failure or refusal of the Trump Organization to preserve documents could lead to a host of consequences for Donald Trump and his family.
The Trump Organization bears the onus to preserve important business documents that could be reasonably needed in the event of litigation or legal issues.
In the state of New York, the improper maintenance of business records could fall under “spoliation” of evidence.
That could lead to sanctions like monetary penalties, and permit the judge to make a negative inference against the Trump Organization for withholding evidence.
Trump would likely argue that Mazars turning over the evidence satisfied the burden here, and that they turned over evidence on his behalf. In any event, it would be up to Attorney General Letitia James to successfully argue the motion before Judge Engoron for sanctions to be brought.
Either way, this is bad, bad, bad for Trump’s defense.”
And a bad day for Donald is a good day for justice.
Let me know your thoughts in the comments, I love reading them.
Who cares ? I want him in a BOX by now, because I'm SICK to death of seeing this talking TUMOR walking free & inhaling atmosphere meant for relatively decent HUMAN BEINGS. His rallies are now a travesty & the US deserves a Donald - ectomy. & this tasteless, ego - on - megasteroids ethically - challenged spineless troglodytic ASSHAT with a mushroom below his belt would be hung for TREASON 200 - 250 years ago, if not sooner. Nixon wasn't a SAINT & GWB wasn't an Einstein but they weren't the crappiest leaders in US history, either. Compared to TFG Limpdick # 45 they were PILLARS.
So much for Business Genius. Is it too late to sue NBC for “The Apprentice”?