'Certain conviction': Watergate prosecutor says Trump can't beat hush money evidence

Former President Donald Trump is facing a guaranteed conviction in the Stormy Daniels hush payment case, argued former Watergate prosecutor Nick Akerman on CNN Wednesday — assuming that the trial is able to move forward.

This comes amid reports that Trump, who is charged by Manhattan District Attorney Alvin Bragg with criminally falsifying business records, is planning to attend a hearing on the case Thursday that will decide some of his pretrial motions.

"There's so much going on," said anchor John Berman. "It's hard to keep track of, but the point I want to make is this week there's real rulings coming down and real decisions being made in real court cases. Let's start with one Donald Trump will go to tomorrow. We shorthand it as 'the hush money case,' it's the criminal trial right here in New York, but it's really more than that."

"Oh, it's much more than that," agreed Akerman. "I mean, this is an extremely important prosecution. It's not just about Donald Trump and Stormy Daniels. This is about Donald Trump, in the 2016 election, trying to hide and conceal from the public very important information that would have absolutely torpedoed his election chances.

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"And it came on the heels of that 'Access Hollywood' tape and all of these allegations by other women, this would have been the actual killer item that would have ended his campaign. And he obstructed that, and it was a very organized scheme that involved the National Enquirer, involved his own lawyer. And this is an important case."

"What will we learn, do you think, tomorrow?" Berman asked.

"We're going to learn if it's actually going to trial on March 25th," Akerman replied. "This is a certain conviction as far as I'm concerned. Two co-operating witnesses corroborated by a tape on which Donald Trump's voice appears, as well as a lot of other witnesses who are going to corroborate and support little pieces of that case."

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A new poll from Emerson College released on Wednesday gave Democrats in Congress a jaw-dropping advantage going into the midterm elections this fall.

The poll, which showed a 50-40 advantage for Democrats on the generic congressional ballot among a sample of likely voters, triggered an immediate reaction from analysts.

"Emerson poll shows Democrats with BIG advantage on generic ballot .. as midterm elections approach," wrote Meidas Touch chief Washington correspondent Scott MacFarlane.

"This Emerson generic ballot is an ouch for Republicans. Still has 10% undecideds but…wow that difference is big," wrote the @earlyvotedata analysis account.

Zac Harmon, a Cal State L.A. student and political commentator, noted, "The last time they recorded a double-digit lead for Dems was…. >checks notes< Aug 2018 with D+13."

This is the latest in a long string of polls showing good news for Democrats — and massive danger signs for Republicans.

Another poll this week from Reuters/Ipsos found President Donald Trump slumping to the low 30s in job approval, and yet another recent survey from the Associated Press/NORC found even one in three Republicans don't approve of the Trump administration's actions.

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The editorial board of The Washington Post hammered Donald Trump late Tuesday as his Department of Justice launched yet another attempt to convict ex-FBI Director James B. Comey — an effort many called frivolous.

And the paper's leadership warned "the country and maybe even the Republican Party will pay a price" for what the editors called a "ridiculous" move.

On Tuesday, former FBI Director James B. Comey faced indictment for allegedly threatening Trump through a social media post from May last year. It was the second time Trump's administration had targeted Comey — the first, which charged him with lying to Congress, flamed out spectacularly as a court dismissed it after discovering the White House circumvented proper appointment procedures to install a sympathetic prosecutor in Virginia's Eastern District.

"The administration’s efforts to use criminal law to attack political opponents keep failing, but this attempt is even more ridiculous than usual," the Post's editors wrote.

Trump harbors deep animosity toward Comey stemming from his role in initiating Russia investigations that consumed substantial portions of Trump's first term.

The new charges in North Carolina Eastern District accuse Comey of making criminal threats through an Instagram photograph depicting seashells arranged on a beach forming the numbers 86 and 47. Trump serves as the 47th president; 86 colloquially means eliminating something or, in hospitality contexts, marking someone as unwelcome.

According to the indictment, Comey "knowingly and willfully" threatened "to take the life of" the president through this post.

"The post was in poor taste, but Comey more likely meant Trump should be removed from office or otherwise defeated politically," the Post editors wrote.

"The First Amendment requires stringent standards for proving criminal threats. Comey deleted the post promptly amid an outcry, which is evidence he did not intend to make a threat.

"This is not a serious indictment intended to secure a conviction. It’s intended to satisfy a president who wants to see his opponents face the same kind of procedural legal misery that he did.

"This kind of maneuver might help acting attorney general Todd Blanche keep his job for now, but the country and maybe even the Republican Party will pay a price."

The Senate Education Committee debated legislation Tuesday that would prevent further review of transgender athletes participating in high school and collegiate sports.

Sponsored by state Rep. Brian Seitz, a Republican from Branson, the bill aims to remove the current end date of a 2023 state law requiring transgender students to participate in sports under their biological sex. It has an expiration date of August 2027, and this bill would remove that provision. This bill passed the House in a 98-37 vote, directly along party lines.

Seitz told the committee that his bill would “protect girls and women from a possible unfair advantage in women’s sports. When scientific, biological differences between the sexes are ignored or not taken into consideration, women and girls suffer, becoming less than rather than equal.”

The NCAA prohibits biological males from competing in female sports. Biological males can practice on the women’s team, and any student athlete can participate and compete on the men’s team.

Seitz claimed that transgender women participating in women’s sports have won nearly 900 medals. This refers to a report by an independent human rights expert. The medals are listed on a website that claims transgender women do not belong in cisgender sports.

The website says the number of medals, records, scholarships or other opportunities that transgender women have won over cisgender women at 4,799. At the high school level, there were just two instances where a transgender woman placed higher than all other competitors. The website is self-reported.

Jamie Sgarro, an attorney for the Missouri ACLU and a transgender man, told the committee that this is a non-issue that Missourians are not worried about.

“This legislation is not really about sports. It is about erasing and excluding trans people from participation in all aspects of public life,” Sgarro said.

Stevie Miller, a non-binary transgender man, stepped up in front of the committee members clad in a jacket with “Be not afraid” painted on the back in the colors of the transgender flag.

“This is state-sanctioned bullying, allowing the exclusion of some children. You wouldn’t dare exclude a disabled child from participation,” he said. “How is an androgynous child any different?”

Miller, one of the founders of West Plains Pride, said that transgender and cisgender women perform at about the same level.

Following Miller’s testimony, Education Committee Chair Rick Brattin, a Republican from Harrisonville, questioned having transgender people in the locker room with cisgender people.

“So you think it’s OK for 13-year-old girls to be subjected to a boy with a penis in the shower at a locker room at school,” Brattin asked.

Miller retorted that there is no evidence of that being a requirement in Missouri.

“If you release that information to me, absolutely I’ll believe you, and I’ll change my mind,” Miller said.

Cammie Storm, a transgender woman from West Plains, said legislators should not make the law permanent.

“I have lived in environments where people believe they have the right to control who I was, where identity was something to be corrected,” Storm said. “When the state passes laws like this, it sends a message that those systems were right, and that has consequences.”

Katy Erker-Lynch, executive director of PROMO, an LGBTQ+ advocacy group, said that out of the 510,000 athletes in the NCAA, fewer than 10 are transgender.

“This is not what Missourians want. This is not what our state needs,” Erker-Lynch said, “and to be honest, it is deeply misogynistic and sexist to believe that any man could beat any woman.”

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