Also on today’s menu:
Cannon Defends Decision To Ask For Pretrial Motions
Israel Announces Reopening Of Crossing Into Gaza
New York Attorney-General Letitia James’ office has filed papers giving Donald Trump’s attorneys and bond underwriter Knight Specialty Insurance 10 days to show that the company can cover a default on the $175 million bond it posted to allow Trump to appeal the civil fraud judgment against him.
The bond, posted Monday, is a fraction of the $454 million judgment (plus daily interest) in the case involving Trump’s company defrauding bankers and insurers by lying about his wealth. Paperwork filed on Thursday showed that Knight Specialty Insurance has $539 million in assets, and related reinsurer Knight Insurance Co. Ltd. has $2.1 billion. James’ office filed notice that it “takes exception to the sufficiency” of the bond. Typically, a company bond cannot exceed 10% of its surplus cash which, in Knight Specialty’s case, would mean no more than $13.8 million.
Judge Arthur Engoron has set a hearing on James’ objection to the bond for April 22. If the appeal bond is deemed invalid, Trump’s assets again will be subject to seizure.
Discussion: Given Trump’s history of defaulting on his financial obligations and turning on his attorneys and supporters, he had a hard time coming up with the bond for $454 million, leading the court to settled on a lower bond of $175 million. Even then, he had trouble finding someone to back him, and the company that did come to his rescue, Knight Specialty and its parent company, are not authorized to issue surety bonds in New York state and therefore cannot obtain a certificate from the New York Department of Financial Services. Trump’s house of cards is beginning to fall around him.
Cannon Defends Decision To Ask For Pretrial Motions
Responding to Special Counsel Jack Smith’s challenge to US District Judge Aileen Cannon’s request to attorneys on both sides of Donald Trump’s classified documents case to propose jury instructions citing the Presidential Records Act, Cannon backed off a bit, saying, “the Presidential Records Act does not provide a pre-trial basis to dismiss [the charges]” but she took the opportunity to chastise Smith.
She wrote, “the Special Counsel demands an anticipatory finalization of jury instructions prior to trial, prior to a charge conference, and prior to the presentation of trial defenses and evidence, [therefore] the Court declines that demand as unprecedented and unjust. The Court’s Order soliciting preliminary draft instructions on certain counts should not be misconstrued as declaring a final definition on any essential element or asserted defense in this case. Nor should it be interpreted as anything other than what it was: a genuine attempt, in the context of the upcoming trial, to better understand the parties’ competing positions and the questions to be submitted to the jury in this complex case of first impression.”
Trump is charged with illegally withholding and concealing classified documents at Mar-a-Lago after leaving the White House. He has suggested that he had the right to hold onto what he describes as presidential records.
Discussion: Many news outlets have interpreted Judge Cannon’s response as denying Trump’s motion to dismiss the case on Presidential Records Act grounds, but, in fact, she only said it would be an inappropriate “pretrial” — leaving open the possibility that she could find the PRA does apply during the trial. In that case, there would be no appealing her decision to acquit Trump because that would constitute double jeopardy. Right now, Smith still has the ability to seek clarification from Judge Cannon on whether the PRA defense can be applied during trial. If she refuses a definitive ruling that the PRA does not apply, Smith would be able to file a writ of mandamus, asking the 11th Circuit Court of Appeals to intercede and declare that the Defense Secrecy Act takes precedence over the Presidential Records Act. A third ruling against Cannon (the 11th circuit agreed with Smith on two previous appeals) could justify her removal from the case.
Israel Announces Reopening Of Crossing Into Gaza
Israeli Prime Minister Benjamin Netanyahu’s office announced that his security cabinet has approved additional steps to increase the flow of humanitarian aid into Gaza, including a temporary reopening of a crossing that was destroyed in the October 7 Hamas attack.
The announcement followed a call from President Joe Biden Jr. who said the strikes on humanitarian workers and the overall humanitarian situation in Gaza are unacceptable. He asked Israel “to announce and implement a series of specific, concrete, and measurable steps to address civilian harm, humanitarian suffering, and the safety of aid workers” and said US policy with respect to Gaza will be determined by an assessment of Israel’s immediate action. He asked for an immediate ceasefire and urged Netanyahu “to empower his negotiators to conclude a deal without delay to bring the hostages home”.
Netanyahu’s office said early this morning that the Erez crossing in northern Gaza, which for years had served as the only passenger terminal for people to move in and out of the territory, would be temporarily reopened.