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Stormy Daniels, Donald Trump, and Non-Disclosure Agreements

Celebrity News, Politicians, Stormy Daniels, Trump

Over two months ago, at the start of 2018, a story surfaced that an adult film star, Stormy Daniels (real name Stephanie Clifford), had an affair with Donald Trump. As the story goes, back in 2006, while Melania was pregnant with Barron, Trump and Stormy had unprotected sex after meeting at a golf club in Lake Tahoe. When stories of that fateful night (which included tales that Trump is obsessed with and terrified of sharks. Hmm. Very odd) came to light, the White House dismissed them as “old, recycled reports, which were published and strongly denied prior to the election.” What else is new? Denial is the buzzword these days.

However, Stormy also denied it and produced a letter that was signed saying that she did not have sexual relations with Trump. The came another letter, once again denying her involvement, even as others speculated she had been paid $130,000 by Trump’s lawyer, Michael Cohen, to keep quiet just before the election. Cohen later admitted to paying Daniels but did not disclose his reasons for the payment. It must be noted though that allegedly the signatures on the documents are vastly different, and so, there’s speculation that the first denial letter came from the White House. There’s no concrete proof of this but we at PROOF don’t find the theory farfetched.

Then, the story started to become too big to contain and Stormy went on Jimmy Kimmel’s late night show and insinuated that she had not signed the document herself. Kimmel also managed to use logic and clever word play to get her to admit to having a non-disclosure agreement (NDA). And that’s what the lawsuit is focused on.

On March 6th, 2018, Daniels filed a lawsuit in an effort to get the non-disclosure agreement declared void. The grounds? Daniels claims that Trump did not actually sign the non-disclosure agreement himself. Both parties used aliases (hers was Peggy Peterson and his was David Dennison) and even with the fake name, Trump never signed the document. That decision is now catching up it him. Trump, ever the fighter is, of course, not going away despite the embarrassment factor of the whole thing especially given that Melania was pregnant at the time of the alleged encounter.

In response to Daniel’s filing, Trump and his personal lawyer, Michael Cohen, countersued her and alleged that she violated her NDA “as many as 20 times” and could potentially owe upwards of $20 million dollars.

And, in the words of the Daniels’ lawyer Michael Avenatti, it’s pretty “remarkable” that we have a sitting president suing a private citizen for over $20 million for talking about their relationship. Avenatti also criticized Trump and his camp for their intimidating and “thuggish behavior,” alleging that Daniels was “physically threatened. “He also accused them of “hiding the money trail.”

Daniels is set to go live on 60 Minutes to share her story. And so far, no court order has been issued to stop her.

And while Daniels is prepping for her tell-all, a former Playboy model, Karen McDougal is claiming that she too had an affair with Trump over a decade ago. She confirmed the affair to The New Yorker, saying that she authored a handwritten document that detailed the entire thing. She sold it to the National Enquirer, giving them exclusive rights to the story, and alleges that it was then buried with the aid of Trump (this reminds us at PROOF how Cosby’s legal team had a National Enquirer story buried about his behavior). The deal had netted the former playmate $82,500 and prevented her from talking about the affair on any other platform. Buying the rights to a story only to bury it later is known as the “catch and kill,” which is exactly what happened to McDougal’s story.  And now she is silenced, worried about violating an NDA but knowing that our sitting president isn’t being honest as, naturally, they’ve denied all of McDougal’s claims.

 

 

 

 

Meek Mill’s Legal Woes Continue

Celebrity News, Meek Mill

You might know Meek Mill as the rapper who dated Nicki Minaj or the one who had a longtime feud with Drake. But recently the rapper has been in the news championing prison reform after a lengthy legal battle, $30 million in legal fees, and serving jail time following petty parole violations and a variety of charges. Here’s the skinny:

2007: Convictions

In 2007, when rapper Meek Mill was 19 years old and then going by Robert Williams, he was convicted of seven gun and drug related charges in Pennsylvania. Judge Genece Brinkley sentenced him to 11-and-a-half to 23 months in prison to be followed by 7 years of probation. Though others called for a harsher sentence, Judge Brinkley wanted to give him a “chance.”
Six months later, the young rapper was out of jail and sent to house arrest (which, by the way is completely normal for the sentence he received-the early exit wasn’t due to any celebrity special treatment). While living under house arrest, he was to earn his GED and undergo drug treatment. In December 2009, Judge Brinkley terminated the house arrest but kept the rapper on probation. While on probation he tested positive for marijuana and unspecified drug use on more than one occasion. She did not, however, hold him in violation of his probation. That is until 2011, when Mill tested positive for opiate use. Though Mills touring kept him from appearing in court (that is celebrity special treatment), Brinkley ordered the rapper to take a drug test; Mill didn’t comply.

2011: Travel Privileges Revoked

Two weeks later, Judge Brinkley’s forgiving nature changed. She suspended his permission to travel until after his court date. This meant Mill could not leave Philadelphia until his next court date two months later. The Judge also barred him from scheduling travel for another four months. When Mill left the area two months into that four month holding period, she found him in violation of probation. She also ordered him to sign up for an etiquette course “to address his inappropriate social media use and crude language in the courtroom.” (good luck, Genece).

2014: Probation Violation

In July 2014, Meek again landed himself a probation violation for leaving Philadelphia County. Brinkley sentenced him to three to six months in county jail and another five years of probation. He was ordered to undergo drug testing, enroll in alcohol counseling, anger management and parenting classes.

2015: More Probation Violations

On December 10, 2015, Meek received his fourth probation violation. This time it was traveling outside of Philadelphia without permission, not reporting to his probation officer, and submitting water instead of urine for a drug test. Brinkley sentenced Mill to 6-12 months of house arrest and another 6 years of probation. He was also ordered to perform community service and was completely barred from traveling or working while serving his house arrest.

Then came Mill’s fifth probation violation for which Brinkley cited a failed drug test, a violation of his travel restrictions, and two misdemeanors–reckless driving in Manhattan and an altercation at the St. Louis airport.

Even though the charges in the New York case were set to be removed from his record and the St. Louis charge was dropped, Brinkley had had enough: She gave him a two to four year prison sentence against the recommendations of the prosecutor and probation officer.

Judge Brinkley Wants to Meet Nicki Minaj (Meek’s girlfriend) and other Alleged Inappropriate Judicial Behavior

Mills legal team filed a motion for Brinkley to remove herself from the case. In the motion, Mill’s legal team said that Brinkley “repeatedly offered inappropriate personal and professional advice to the defendant, who had become a successful professional entertainer during the pendency of this case. On some occasions, Judge Brinkley has done so off the record, or on the record while attempting inappropriately to keep that record secret from the defendant and his counsel.” They also said that she repeatedly attempted to get Mill to sign a record contract with her friend Charlie Mack. In another bizarre claim, Mills said that she invited him and his then-girlfriend Nicki Minaj to have a private conversation, during which time she asked him to cover a Boyz II Men song and give her a shout-out in it.

In another motion filed against Brinkley, Mill’s legal team says that Brinkley had advised Mill not to appeal his sentencing in 2016. They claim that, because Mill did appeal her decision, Brinkley’s subsequent actions were retaliation.

Now, while these claims suggest that Brinkley was deeply and personally invested in this case and attempting to use it for some kind of gain (even if that gain was just a Boyz II Men song…) it is common after a fifth probation violation for the court to give a harsh sentence. It is less common, though, for a judge to overrule recommendations of prosecutors and probation officers.

After Mill was sentenced to jail, hundreds of protesters showed up outside of the Philadelphia Criminal Justice Center demanding that his prison sentence be overturned. Celebrities also rallied behind the rapper. Rick Ross, Colin Kaepernick, and Jay-Z being the most notable–Jay-Z even wrote an opinion piece for the New York Times.

April 2018: Pennsylvania Supreme Court Orders Mills’ Release

On April 24th, 2018, the Pennsylvania Supreme Court ordered that Mills be released on bail. The decision came after the District Attorney’s office recommended that Meek’s conviction on gun and drug charges be overturned. They were concerned with the credibility of the police officer who was a key witness in the case. Reportedly, the Philadelphia police officer, who served as the sole police witness to testify against the rapper, had stolen money in a drug bust and failed an FBI polygraph test according to a 2016 Internal Affairs report. Not exactly the model witness.

June 2018: Judge Brinkley to Remain on the Case

Mills’s lawyers sought to remove Brinkley from the matter. The Pennsylvania Supreme Court split right down the middle with a 3-3 vote on the matter. And, as such, she remains on the case and will preside over an upcoming evidentiary hearing in connection with that 2007 conviction which Mills is appealing. Brinkley has maintained that all of her rulings were impartial and without prejudice.

With reality stars like Kim Kardashian visiting the White House to talk about prison reform and working to help win release for the wrongly incarcerated (click here for more on that) we at PROOF think it’s quite a good use of celebrity power and influence to take a stance and try to effect change. Likely Mills, who has experienced our system first hand, will be become quite a voice in the fight to reform parts of our criminal justice system.

Suge Knight Gets 28 Years For Manslaughter

Celebrity News, Suge Knight

The hip-hop legend Suge Knight (real name Marion Knight) has been sentenced to 28 years in prison after pleading no contest (basically same as a guilty plea) on September 20th, 2018 to manslaughter. The plea stems from a 2015 arrest after a hit-and-run incident that occurred after a confrontation on the set of Straight Outta Compton and led to the death of one person and serious injury to another.

Rap Sheet: Knight and Tupac

At the time of the incident, Knight was out on bail for a 2014 robbery, but you may know that his criminal record spans decades, with his first charge of domestic violence occurring back in 1987. Most famously is his 9 year sentence for violating parole on the night that Tupac Shakur died. In fact, he was the one driving the car that Tupac was shot in and was grazed by bullets. He was released from prison after serving 5 years but was picked up again in December 2002 after violating his parole and moving without notifying his parole officer. That resulted in a 61 day prison stay.

The Death Row Records founder served another 10 months for punching a valet in June 2003. Then, from 2004-2014, Knight continued to violate parole for crimes varying from possessing marijuana to aggravated assault. In this span of time, Knight was also shot two times. First at a Kanye West Video Music Awards party in 2005, and then again in 2014 at a party hosted by Chris Brown. He survived both attempts. In 2014, he was arrested for the robbery referenced above.  He was on parole for that when the murder/hit-and-run occurred.

DA’s Plea Deal and Recommended Sentence

In exchange for his no contest plea, the District Attorney’s office reduced the charges from murder, attempted murder, and hit and run to manslaughter and agreed to ask for reduced prison time of 28 years rather than life in prison. According to California law, the maximum penalty for voluntary manslaughter is 11 years, but that sentence would double for Knight as a result of the state’s three-strikes law (clearly he has had strikes so…). He’s also facing another 5 years because the crime he’s being convicted of is a serious and violent felony. He would also have to have serve another year for use of a deadly weapon (his truck). Footage of the event shows Knight intentionally running over the two men in a manner that seems to show he was using his vehicle as a deadly weapon.

There were emotional pleas from the families of both sides at the October 4, 2018 sentencing hearing but the court followed the prosecution’s recommended sentence–28 years for the former mogul.

Knight is 53, which means that he will be 81 years old when released if he serves the full sentence.

 

Kim Kardashian Pays Legal Fees of Two Jailed Women Seeking Justice

Celebrity News, Kim Kardashian

Update June 14, 2018:  Alice Johnson is FREE! President Trump commuted her sentence after Kim K visited the White House this week. A perfect use of celebrity status to do good!

In 2004, 16 year old Cyntoia Brown was tried as an adult and convicted for killing the 43-year-old man who raped and sex trafficked her. In order to escape, the young Brown shot her captor then fled the scene with his car, money and guns. She was sentenced to life; Brown, now 29, is not eligible for parole until she serves 51 years in prison. Her case garnered national attention when celebrities like Rihanna and Kim Kardashian began tweeting about it, arguing that her sentencing was unfair considering her trauma.

But then, something pretty awesome happened, Kim Kardashian put her money where her Twitter thumbs were. Tweeting on November 21st, 2017, Kardashian said, “The system has failed. It’s heart breaking to see a young girl sex trafficked then when she has the courage to fight back is jailed for life! We have to do better & do what’s right. I’ve called my attorneys yesterday to see what can be done to fix this.” Kardashian did more than call her attorneys–she helped pay for Brown’s legal fees.

And, on January 9th, 2018, the first steps were taken:  Brown’s lawyer filed an appeal challenging her sentence. Her lawyers are asking the Court of Appeals to consider the constitutionality of Cyntoia’s life sentence, as well as asking them to revisit whether or not the then 16-year-old had the sufficient mental capacity to commit murder.  Brown has filed other appeals but they have been denied. Perhaps with Hollywood power and money behind her, the outcome will be different this time.

Alice Marie Johnson was sentenced to life in prison without the possibility of parole for a non-violent first offense—drug dealing (cocaine). She has been in prison for 20 years. When Kardashian learned about Johnson’s case, she felt for the 62-year-old grandmother and enlisted the help of her legal team. In a letter that Johnson wrote to Kardashian, she said that she thought the media mogul would be remembered kindly in history as someone who “had the courage to take a stand against human warehousing” and as “a key figure in meaningful criminal justice reform becoming reality.” We here at PROOF agree. Though it’s easy to say mean things about Kim K, no one should ignore these acts. A celebrity who goes further than tweeting and talking, who makes a real effort to help women who need it deserves recognition.
Many people count the Kardashian family out because of … well, you know, but that is unfair. We have to give them credit for actions like these.
We bet Kim’s dad, famed lawyer Robert Kardashian, is smiling down on his little girl and her selfless acts. Thank you, Kim. Kudos for what you are doing in the name of justice.

One of Six Sexual Assault Counts Dismissed Against Weinstein: What Does This Mean?

Celebrity News, Harvey Weinstein

A Manhattan judge dismissed one of six criminal sexual assault counts against Harvey Weinstein. The dropped count stems from allegations made by Lucia Evans who claimed that Weinstein forced her to perform oral sex on him in 2004.

Why was the count dropped?
Prosecutors, unlike other types of lawyers, are required to divulge exculpatory evidence to defense counsel.  Exculpatory evidence is evidence that is favorable to the defendant that might show that the defendant did not commit the crime of which he has been accused or might impact his sentence. This requirement stems from the landmark Supreme Court case, Brady v. Maryland. The Court reasoned that withholding exculpatory evidence violates due process “where the evidence is material either to guilt or to punishment.”  A similar state law is on the books in New York.

Show me your breasts
A witness who was with Evans the night she met Weinstein told police back in February 2018 (prior to Weinstein’s indictment but months after Ronan Farrow’s article blowing the Weinstein lid off) that Weinstein told both women–the witness and Evans–that he’d pay them if they showed him their breasts. According to the witness both women initially declined but, later that night, the witness alleges that Evans told her she did in fact show him her breasts. She also said that sometime later Evans told her that Weinstein offered her an acting role if she would perform oral sex on him. According to the witness, Evans told her that she did perform such act.

Unfortunately, the detective on the matter never told the DA’s office about these statements–statements that conflict with Evans’ statement. In late August, the DA’s office interviewed the witness who repeated what she told the cops and also said the detective told her “less is more.”  We at PROOF are not exactly sure what this “less is more” comment meant but it certainly isn’t a phrase aimed at eliciting more details.

Inconsistencies
The DA’s office interviewed Evans again in late August. She denied that Weinstein ever made the breast showing request.  She further denied showing him her breasts, telling her friend that she showed her breasts to Weinstein, or that she willingly performed oral sex on him.

The DA’s office also spoke with the detective. The detective denied making the “less is more” comment (among other things) but did say he failed to tell the prosecutor about the witnesses’ statements.

Additionally, the prosecution came into possession of a draft email from Evans to her now husband which recounts the incident with Weinstein in ways that differ from the account Evans initially shared with prosecutors.

Because of the duty on the prosecution to divulge all of the above evidence (that’s the law lesson at the start of this post!), they did so in a letter dated September 12, 2018. Weinstein’s team moved to have the count involving Evans dismissed. The prosecution did not object to it, and the court agreed. Count Six of the Indictment in the People v. Harvey Weinstein Dismissed.

What happens now?
Although this is a big blow to Evans and she has to feel as if the prosecution deserted her–which they did–and it is also a blow to the #metoo movement and serves to discourage victims from coming forward (victims who are already societally discouraged from doing so), it is understandable at some levels in that the case against Weinstein is high profile, complicated, and old. In terms of legal strategy, it is in the state’s interest to keep the case as strong as it can.  At trial, a dirty detective and conflicting statements work to weaken the remaining claims; that is not something any prosecutor wants, especially in a matter like this. So, definitely a big win for Weinstein but the prosecution claims to remain strong. We hope they stand by their in-court assertion regarding the remaining claims that they are “moving full steam ahead.”

And, for the record, we believe you Lucia Evans and still stand with you. Thank you for your bravery and courage. #metoo

Here’s What You Need to Know About XXXTentacion’s Murder

Celebrity News, XXXTentacion

UPDATE: July 19, 2018  A Florida grand jury has indicted four men in the murder of XXXTentacion. One suspect is still wanted.

On June 18, 2018, rapper, XXXTentacion was gunned down in his car while leaving RIVA Motorsports in Florida. The rapper, whose full name is Jahseh Dwayne Ricardo Onfroy, was only 20 years old when two armed men approached his car and shot him. Fans were distraught when videos of XXXTentacion slumped over in the driver’s seat of his car hit the Internet; and, Broward County Sheriff’s Office soon pronounced him dead at the scene.

Social Media and Soundcloud
Hours before his death, the rapper–who got his start on SoundCloud–posted an Instagram live where he said, “Worst thing comes to worse, I f-cking die a tragic death and I’m not able to see out my dreams, I at least want to know that the kids perceived my message and were able to make something of themselves and use it to turn it into something positive. If I’m going to die or ever be a sacrifice I want to make sure that my life made at least 5 million kids happy.” Telling, no?

Rapper Awaiting Trial Himself at Time of Murder
The Florida native was not without his own complicated relationship with the law. In fact, at the time of his death, he was awaiting trial for charges brought against him in 2016 related to domestic battery, false imprisonment, and aggravated assault of a pregnant woman–his ex-girlfriend. In addition to the assault charges, he was later charged with witness tampering when the same girlfriend (and key witness) filed an affidavit asking for permission not to testify against him and to drop the domestic violence charges. Prosecutors reportedly doubted the authenticity of the affidavit and decided to split the rapper’s trial in two (this is known in the law as bifurcating for those wanting some good legal lingo), with the trial on the more legally significant charges of witness tampering scheduled to occur prior to the domestic violence matter. If convicted of witness tampering, the rapper was facing real prison time. Note that post his arrest he was jailed but then released but ordered to remain under house arrest. This house arrest did not last long as his lawyers asked the court to remove that restriction so the rapper could fulfill his contractual obligations to his record label (however, while fulfilling his contractual obligations was seemingly very important to XXXTentacion, the record company likely could have been released from its’ responsibilities as many of these contracts include clauses that allow for that if talent of talent engages in morally corrupt behavior, is arrested, fails a drug test, etc.).  Furthermore, so influential was XXXTentacion upward trajectory of success that he
was allowed to tour the country and the court continued to grant postponements in his trial (that would not likely have happened for you or me if we were charged with the same crimes).

Early Troubles, Tragic Childhood
But, the domestic violence case and witness tampering matters were only the most recent in a string of run-ins with the law for the rapper. In 2013-2014, the rapper spent close to a year in a juvenile detention center for gun possession. And, his time in prison was punctuated with violence, with XXXTentacion allegedly bragging about attacking his homosexual cell mate for looking at him while he changed.

Moreover, in August of 2015, the rapper was arrested for robbery and assault. He agreed to house arrest and was released from jail. These charges occurred around the same time the abuse allegations came to light. Even while under house arrest for the 2015 incident, he allegedly continued to abuse his pregnant partner.

XXXTentacion’s death has a lot of people talking about the effects of a violent upbringing on young men, as well it should.  After spending his childhood apart from his mother because she could not afford to raise him, then being passed around youth programs, and then being put in juvenile detention, there’s no denying that the rapper’s upbringing was rough. No doubt it affected his choices, behavior and lifestyle. Would have been nice had some of those record execs and others making money off the troubled rapper got him some help instead of wondering how to get him back on tour and selling records. June 18, 2018 might have turned out to be quite a different had they done so.

Meteoric Rise on the Charts
Despite all of this controversy and trouble surrounding XXXTentacion the young rapper’s climb to the top did not stop. As noted above, after starting off of SoundCloud, the rapper shot to No. 2 on the Billboard 200 Chart with his album 17. The album was praised by rappers including Pulitzer Prize winner Kendrick Lamar. He had similar success after signing with Caroline Distribution (a part of Capitol Records) when he released his second album? in March of 2018. It debuted at No. 1 on the Billboard album chart and No. 1 on the Billboard charts. This was a first for any Soundcloud rapper.

The rapper’s past did eventually catch up with him when Spotify removed his music from their playlists as a part of their new Hate Content and Hate Conduct policy. But, after critics blasted the policy in general, his music was back on the streaming service by June 1, 2018.

Murders Suspects Arrested
Authorities have been fast-acting in finding the men involved in the shooting. Two days after XXXTentacion’s death, 22-year-old Dedrick Devonshay Williams was arrested and charged with first-degree murder, operating a vehicle without a license, and a probation violation. On July 11, 2018 another man, Michael Boatwright, was arrested on an unrelated drug charge, but was swiftly served with an arrest warrant for the first-degree murder of XXXTentacion. Broward County has another person of interest, Robert Allen, who, to date has not yet been arrested. Apparently, Allen was seen on surveillance footage from the motorshop on the day of the murder.

Back on the Charts
Since his death, a lot of XXXTentacion’s music has once again hit the Billboard Hot 100 after fizzling out earlier in the year. In fact, his song “SAD!” becoming the first posthumous No. 1 hit for a solo artist since Notorious B.I.G.’s “Mo Money Mo Problems” took the spot in 1997. This didn’t even happen for David Bowie or Prince after their deaths.

The Kevin Hart Extortion Case: Here’s Everything You Need to Know

Celebrity News, Celebs, Kevin Hart

And, FYI, it’s not the first time Hart has had to deal with the optics of being a cheater.

After a summer full of infidelity rumors and ex-wife drama (more on that in a bit), it looks like September won’t be the month that Kevin Hart escapes the rumor mill, which is—and will continue to be—churning at full speed. Here’s why: The comedian is in the middle of an extortion case that involves a compromising video and a whole lot of drama.

Let’s start at the beginning. Late on September 17th, Hart posted a video on his Instagram captioned, “Sending so many apologies to my wife & kids. I gotta do better and I will. I’m not perfect and have never claimed to be…I love you all.” The accompanying video included Hart admitting that he “made a bad error in judgment and put myself in an environment where only bad things can happen, and they did.” He goes on to say that he has apologized to his wife of one year, Eniko Parrish, as well as to his children. “At the end of the day, man, I simply got to do better, but I’m also not going to allow a person to have financial gain over my mistakes,” Hart said, alluding to the extortion. “In this particular situation, that’s what was attempted, and I said I’d rather fess up to my mistakes.”

Shortly after, People Magazine released a statement from one of Hart’s representatives explaining, “Someone tried to set Kevin up in a failed extortion attempt. As law enforcement is involved, we cannot comment further as it could affect the investigation.” We lawyers often encourage “taking the sting” out of something before it is exposed (Generally this is done when we put a witness on the stand who might have something unsavory in his/her background that we know the other side is going to address.  Instead of letting the opposing party shape the narrative, the attorney who called the witness brings the information out first on direct exam). It would seem Hart’s cryptic Instagram video was perhaps his way of doing that and getting ahead of the issue.

A report surfaced asserting that the extortion attempt was allegedly made by someone who has a video of Hart that shows Hart and a woman engaged in “sexually suggestive” behavior. By now most of us that the woman in the video is not his wife, Eniko. Hmm….

Initially, reports indicated that there was no way of knowing if the person demanding millions of dollars from the comedian was the woman shown in the video or a third party. As details continue to surface, the woman shown at the start of the video has immediately requested a lawyer, and is insisting that she knew nothing about the video. On September 18th, there were reports that her lawyer contacted Kevin Hart’s people and said that his client would take a lie detector test to prove it…but only if she is paid $420,000.  Extortion?

On September 20th, 2017, the woman in question, who has been identified as Montia Sabbag, held a press conference with her lawyer, Lisa Bloom (who as some may know represents several plaintiffs involved in the Usher Hepes lawsuit, represented Blac Chyna in her revenge porn “situation” with Rob Kardashian as well as representing Mischa Barton in her revenge porn case against a former boyfriend). While she acknowledged that she had “an intimate relationship” with Hart, she asserts, “I am not an extortionist. I’m not a stripper. I’m a recording artist and an actress, and I have not broken any laws. I had nothing to do with these recordings.” Lisa Bloom has clarified that Sabbag is not demanding money from Hart (that’s good legal advice because being charged with extortion is not going to help Sabbag’s career)), but did not address the previous request for cash in exchange for a lie detector test. Bloom also wants us to understand that Sabbag is a victim, too. Recording Sabbag and Hart being intimate without either of their consent is not only a huge invasion of privacy, it is also illegal. While it is easy to think of Hart as the victim because he has been extorted for money, it is important to remember that Sabbag has been thrust into the spotlight as party to his infidelity.

And now for the low-down on the video in question. The video itself is 4 minutes and 47 seconds long and reportedly contains footage of what appears to be two people in a bed having sex. Thought you cannot see the pair, you later see a naked man walk in the room, which is allegedly Hart. In the video, the extortionist explains that they’re looking not just for money, but also to expose Hart for being a cheater. They also insinuate that Kevin’s call for other celebrities to donate to Hurricane Harvey relief was a media stunt meant to gain points with the public.

If what the video claims is true, it was shot “between the dates of August 17th, 2017-August 20th, 2017. The weekend of his pregnant wife’s birthday.” Yikes. Eniko is pregnant with the couple’s first child, and made waves herself when she posted a photo of the pair on their anniversary that read, “8 years together… 1 year married… Forever to go!” The caption may seem harmless, or even sweet, if not for the fact that Hart had not divorced his ex-wife until 2011. If we do the math, Eniko is suggesting her relationship with Hart has some overlap with Hart’s previous marriage. And that, as you can guess, caused quite the stir on social media. In case you were worried that Hart’s ex-wife Torrei Hart wasn’t going to chime in, don’t be. In fact, she hasn’t stayed silent in his extortion case either. Torrei sat down with Inside Edition and told them that “lies and infidelity” were what ruined their marriage. You know what they say, “Once a cheater…”

And Hart hasn’t exactly been shy about his past infidelities. In his comedy special Kevin Hart: Let Me Explain, the father of two jokes, “Lying ruined my marriage…That’s a lie, I cheated. The 38-year-old continues on to say, “Yes, people. I cheated. Am I ashamed of it? No, I’m not. Do I wish I could take it back? No, I don’t. Let me tell you why. You can’t evolve as a man if you never make a mistake. The only way that you can be perfect is to not f— up. I did it. I f—-d up. Don’t cheat.”  Ladies, would this make you feel better? Yeah, I don’t think so.

Even more foreboding was an interview that Hart gave in 2016 when he appeared on The Breakfast Club. In the interview, Hart discusses the riskiness of cheating when you are famous. “I wouldn’t be a good cheater right now because I don’t feel like I can trust you to cheat. So you wouldn’t want to cheat with me because I’d be questioning you like, ‘What you doing? You taking a picture?’…There is no sanity that comes with it, so why risk it?”  Why risk it, indeed.

The person who made the video goes on to claim “Kevin Hart was so drunk and drugged up, it was an effortless attempt to film and take pictures of him.”

Yes, this case is juicy and yes Hart is a victim of extortion if the facts and evidence end up supporting the allegations but, at this point, the case is simply sad. We have great empathy for Eniko, currently pregnant and dealing with all this stress (though as mentioned above if we look at the dates we’d have to say she knew Hart wasn’t squeaky clean) as well as for Montia Sabbag–neither of these women deserve this. We will be following closely as the story develops and as we find out more about who is behind the video.

 

 

Conor McGregor’s Temper Tantrum Results in Criminal Charges

Celebrity News, Conor McGregor

UPDATE: 7/26/18 Connor McGregor gets sweet deal. Pleads guilty to disorderly conduct. No jail time.

Conor McGregor, the mixed martial arts fighter who famously took on the ever-so-problematic (and NOT a Proof favorite), Floyd Mayweather in the boxing ring in August 2017 has been involved in a bit of a bewildering incident, with not-so-bewildering legal ramifications.

McGregor was at the center of a manhunt on Thursday, April 5, 2018 after actions he took at the Barclay’s Center in Brooklyn. McGregor was at the Center for a press conference about big mixed martial arts event, UFC 223. Note though, he wasn’t set to appear at the press conference, he wasn’t even fighting in the match. So, why was he there? According to reports, he showed up to see UFC lightweight contender Khabib Nurmagodov, with whom he had some beef and who was set to fight that night and clearly scheduled to be there. What was McGregor’s intention? A nice little chat among colleagues? Hmm. Not likely, and in fact that’s going to be an area a judge and jury are going to be quite interested in hearing about as McGregor did way more than talk that night. Instead, he allegedly threw a hand truck through a bus window and tossed a metal barrier and garbage can around the parking lot. His actions caused injury to two other fighters. And then after his outburst, he and his entourage hopped into an SUV and left the scene.

What was it that really set McGregor off? Well, apparently just the day before, UFC President Dana White announced that he was stripping McGregor of his lightweight championship belt and awarding it to the fighter who won UFC 223 on Saturday, April 7th. The fight was set to be between Nurmagodov and Max Holloway. McGregor and Nurmagodov have had a rivalry since 2016, after Nurmagodov called McGregor a chicken (yep!). Nurmagodov also had a run-in with Artem Lobov, a fighter who was part of McGregor’s entourage. So, lots of hard feelings all around.

However, NYPD was none too pleased with McGregor and the fact that he left the scene of the crime. A full on manhunt ensued so what was first deemed a publicity stunt suddenly became even more serious. Thankfully, McGregor turned himself in (thereby saving lots of taxpayer dollars) but NYPD was making nice simply because they didn’t have to continue the manhunt. McGregor was charged with felony criminal mischief and misdemeanor assault, attempted assault, menacing, and reckless endangerment. He was released on $50,000 bail. McGregor’s friend, Cian Cowley, who took part in the melee, was also charged with criminal mischief, assault, and reckless endangerment.

Certainly, it doesn’t help McGregor that his criminal temper tantrum was caught in real time on film by onlookers. I mean, really, what did he think, no one was going to capture it on an iPhone? By now, most of us have seen at least some of the footage–it’s not going to be easy for McGregor to stand up in court and say “not guilty.”

If convicted, McGregor could face more than 11 years in prison. And as for those injured fighters with matches that Saturday? Raymond Borg suffered a corneal abrasion and bruising on his face and Michael Chiesa suffered damage to his face and hand from glass. Note that McGregor has also been accused of punching another man, Jason Ledbetter, in the face multiple times. This behavior led to additional consequences for McGregor as Ledbetter was issued an order of protection. Other people on the bus had minor injuries from the glass that shattered, including UFC Vice President Reed Harris.

McGregor will be back in court on June 14, 2018. Definitely would have been much wiser had he simply stayed home that night.

NYPD is Investigating Mario Batali for Sexual Assault

Celebrity News, Celebs, Mario Batali

Mario Batali was accused of sexual misconduct by four women back in December 2017, and while he may have thought the worst was over and even talked about rehabilitating his life and career after the allegations surfaced, turns out things have gotten much worse for the celebrity chef as he is now being officially investigated by the NYPD for two sexual assaults.

Batali is known for his appearances on Food Network shows like Iron Chef and MoltoMario and for his time as a ABC daily talk show host on The Chew.He has been in the business for nearly two decades and owns restaurants all over the globe, some of them with Michelin stars (that means he’s a really, really recognized chef).

The Spotted Pig and Babbo

On Sunday, May 20th2018 a woman told Anderson Cooper on 60 Minutes that in 2005 she was invited to a party at The Spotted Pig, well known New York restaurant in which Batali is an investor.  The woman, who remains anonymous was a server at one of Batali’s restaurants, says that she woke up on the floor, battered and with semen on her skirt. She believes that she was drugged—some of the last things she remembers is sitting on Batali’s lap, him kissing her, and then her throwing up.

She confronted Batali, asked him about the incident, but he would not speak with her. She went to the hospital, a rape kit was taken, and although she reported the incident she did not file a formal complaint and apparently, no further investigation took place at that time. She didn’t report it then because “you know, a young actress, no resources, no money…I couldn’t do it.” Sound familiar?

The second allegation being investigated was reported to NYPD late last year, presumably after the sexual misconduct allegations and Batali’s “mini” mea culpa (see below) surfaced and centers around claims by a woman who says that back in 2004 she lost consciousness in Babbo, one of Batali’s New York restaurants and that when she came to, Batali was on top of her.

Batali Admits to Bad Behavior, enough for his Wife to Stay Apparently

Batali denies the assault allegations, but has owned up to inappropriate sexual behavior at his restaurants. When those first allegations came out in late 2017, he said that, though he didn’t know the four women who initially came forward against him, “much of the behavior described does in fact, match up with the ways I have acted.” He also later said, “I have made many mistakes and I am so very sorry that I have disappointed my friends, my family, my fans and my team. My behavior was wrong and there are no excuses. I take full responsibility. He added a cinnamon roll recipe to his posted apology (yup, nice touch, huh?) and said he would work hard to regain everyone’s trust and respect.From there, more and more horror stories emerged of Batali groping female servers at his restaurants.

Note that Batali has been married for over 20 years to Susi Cahn (whose father founded Coach leather goods) and has two adult sons, both of whom are following in his food-centric footsteps. We can only imagine how devastating this is for them. At the time of this this writing, there have not been any reports that Cahn has left Batali.

Other Celeb Chefs Behaving Badly

Batali isn’t the first renowned restaurateur to be accused of sexual misconduct. In fact, apparently that type of behavior is pretty frequent in the restaurant business. We don’t say that to excuse but rather to expose the dirty underbelly of the allegedly glamorous world of high end (and not so high end) restaurants.  Since the allegations came out against Weinstein in October 2017, Johnny Luzzini, who was a chef and judge on ABC’s The Great American Baking Show has been accused of sexually harassing at least 6 employees. Charlie Hallowell, a celebrated San Francisco chef and owner of three restaurants had to step away from his businesses after being accused by 17 women. John Besh, a celebrity chef and high-profile New Orleans restaurateur had to step down from the company he founded and co-owns after being accused of fostering a culture of sexual harassment in the workplace by 12 women.

The Spotted Pig Rape Room and a Female Chef

Ken Friedman, a Batali friend, well known restaurateur, and owner of the The Spotted Pig where the alleged 2005 Batali assault occurred, was accused by 10 women of making unwanted sexual advances and had to step away from his restaurants. One of the worst things about Friedman and The Spotted Pig? The third floor of that restaurant was often referred to as the rape room– we leave you to insert further details as to why that moniker came about, and stuck.

What is particularly disturbing about The Spotted Pig is that the kitchen is helmed by a famous female chef, April Bloomfield. Apparently, female workers had complained to Bloomfield about what was going on in the restaurant and with Friedman, her long time collaborator, and, not only did Bloomfield allegedly not take action but she basically told the women that’s the way it is and they should deal with it. Bloomfield denies this and says she did report instances she knew about to human resources. However, now in the wake of the 60 Minutesinterview, she has officially ended her relationship with Friedman. Better late than never.  Thank you, Chef.

Looks like the #metoo movement is coming for the allegedly sexual harassment laden food industry.

 

Justin Bieber and Hailey Baldwin Tied the Knot But Allegedly No Prenup. Romantic?!

Celebrity News, Hailey Baldwin, Justin Bieber

We were sure Bieber and Baldwin were already married but we didn’t come right out and say it because we didn’t have the PROOF. But we know many of feel a little duped by the duo. The couple and their families had been ultra-quiet (ok, not Alec Baldwin) about all the speculation that they officially tied the knot, with some even denying that they wed, but now we know the truth.

Justin and Hailey reportedly tied the knot last month on September 13th! It was a very small, low key event with the couple getting their marriage license and making it official all in the same day.

Here’s the thing that has some of us scratching our heads (and it’s not that the couple got engaged and married so quickly): apparently, there’s no prenup. Certainly, prenups are not very romantic and a pretty stressful thing to discuss going into what is supposed to be a lifelong commitment based on love (looking at you 50%+ divorce rate!), but they’re extremely important for parties who have lot at stake. That’s an understatement for Bieber who is worth a reported $250 million. Baldwin can for sure pay for her own life with her net of a few million but there is a vast disparity between these newlyweds’ pockets. There are rumors that the couple both reached out to lawyers on the day of their wedding, but the prenup wasn’t able to be drafted on such short notice. Uhh, we don’t think so. Lawyers could have done something and/or the couple could have waited if it were really important to them. Clearly, love, not money was on their minds that day.  There’s something pretty romantic (albeit not-so-smart) about that.

But here’s the truth, they can have whatever documents they wish drafted now or whenever regarding assets and liabilities–it’s a postnuptial agreement or a contract. We haven’t seen a power couple move to draft a postnuptial agreement since Kim Kardashian and Kanye West, but it’s an option and can be done at any time in myriad ways.

Certainly, Hailey and Justin aren’t the first couple to tie the knot without signing on the dotted line. Russell Brand and Katy Perry didn’t sign a prenup before their lavish wedding in India. That meant that Brand could’ve walked away with a portion of Perry’s then $55 million fortune (she’s worth a heck of a lot more now). Luckily for Katy their marriage ended amicably, each going their separate ways, her fortune intact. Brand even signed over their $6.5 million home to her.

Reese Witherspoon notoriously didn’t have a prenup with ex Ryan Phillippe when they divorced in 2006 and didn’t get one when she married Jim Toth in 2011. Chalk it up to bad juju, but it looks like Reese doesn’t like the idea of jinxing the wedding with a document that basically states that the marriage might fail.

But not all divorces are amicable as we all well know (good time for a plug for Reelz channel new show, Irreconcilable Differences in which Jill regularly appears, click here for more info). Just look at Madonna and Guy Richie, one of the most famous cases of celebrity divorce of all time. The mega star married Richie in 2000 without signing a prenup and was worth $500 million when they divorced eight years later. She ended up paying the director $92 million of her fortune to end the marriage.

Long story short, we love romance and happy endings but we recommend a prenup for any lovebirds with some cash. But if you’re like Bieber and Baldwin and just can’t wait then as soon as the love fog dissipates a tad, go see your lawyers and get a postnup!

Tom Brokaw Added to Journalism’s Bad Boy’s Club

Celebrity News, Tom Brokaw

Welcome to the club, Tom Brokaw

Matt Lauer, Roger Ailes, Charlie Rose, Bill O’Reilly. What do all of these men have in common? Well, they were once respected journalists and members of the media. Now, they all stand accused of having sexually harassed or assaulted women with whom they’ve worked.

O’Reilly was accused back in October of 2017, was promptly let go from his Fox News job (but not without a hefty payout) and now sticks to commentary on Twitter. Matt Lauer has been laying low since he was accused and let go from NBC in November of 2017. Roger Ailes resigned as CEO from Fox News after he was slapped with a sexual harassment suit in 2016 and faced allegations of sexual misconduct from multiple women including Megyn Kelly. Charlie Rose was accused by eight women of sexual harassment and was subsequently fired from CBS This Morning.

Three women allege acts of sexual harassment

We now add Tom Brokaw to journalism’s bad boy’s club list. Linda Vester, a journalist who served as a war correspondent for NBC News in the 1990s, an anonymous accuser, and Mary Reinholz, a journalist who just shared her own Brokaw story as a show of support to Vester all have described incidents of sexual misconduct by Brokaw. (Brokaw, in his wholly self serving statement, said Vester was holding a grudge and that she made her false grievances public because she “failed in her pursuit of stardom.” Right, Tom, because it’s really gratifying to speak out on the national stage about sexual harassment).

As most know, for decades Brokaw has had a very, very successful career anchoring NBC Nightly News and hosting Today and Meet the Press. In a series of interviews with Variety, Vester alleges that Brokaw tried on two separate occasions to get her to kiss him, showed up at her hotel room uninvited, and groped her in a conference room. She was 28 at the time and says she was worried about retaliation if she had reported the incidents back in the late ‘90s. Vester’s inner conflict was exactly what other #metoo victims describe.

As for the anonymous accuser, she told The Washington Post that in early 1990’s when she worked as a production assistant, Brokaw, “put my hands under his jacket and against his chest and pulled me in so close and asked me, ‘How is your job search going?” Apparently, he also invited her to his office. She did not go.

Once Vester’s story became public and she was accused of grudge-holding, Mary Reinholz, a journalist, shared her encounter with Brokaw in a detailed account in The Villager, a local NYC paper. In California in 1968 (yup 50 years ago!), Brokaw had been helping her with a story when he tried to forcibly kiss her. Apparently, when Reinholz pulled away, reminded him he was married and rejected him, he then magically saw the error of his ways (at least towards his wife, that is) and said, “Yes, it would be unfair to Meredith.” Brokaw married Meredith in 1962 and remains married to her today. Can’t imagine she’s too happy right now.

Brokaw recruits well known female journalists to support him and his claim of innocence

Brokaw did not take the Vester and anonymous woman’s allegations lightly (at the time of this writing he has not had an official response to Reinholz’ account) and issued a public statement about how he was in fact being victimized and that the allegations are false. What’s interesting is that 60 women in the media are ready to back him up. Rachel Maddow, Maria Shriver, Andrea Mitchell are just some of the women who signed a letter in support of the anchor, saying that he is a “man of tremendous decency and integrity.”  We at Proof are big fans of many of the women who signed the letter but the minute we heard about this “petition” it didn’t sit easy with us at all. In fact, in a rather rare event, we agree with Megyn Kelly, who said about his defenders, “You don’t know what you don’t know.” And she is right. Somehow it feels like the tip of the iceberg with Brokaw.

NBC staffers felt pressured to sign letter supporting Brokaw

Worse still in this situation is that NBC staffers are saying that they felt pressured to sign the letter. Not necessarily in an overt way but that it circulated throughout the office and the pressure was on, it was made pretty clear that they were to sign the letter and show support for Brokaw. What???!!!! In 2018? In this post Weinstein, post Cosby conviction era? Did this really happen? Yes, dear readers, it did. But, thankfully, it was exposed very quickly and now we are talking about it. Want to talk about it with us? Shoot us an email at jill@proofwithujillstanley.com or DM us on Instagram at Proof with Jill Stanley.

Will lawsuits be filed?

And, one last thing: though the law “cares” about how long it takes victims to speak up with statute of limitations time deadlines passing thereby prohibiting the filing of lawsuits (the statute of limitations vary by state but they’re pretty short. Generally, these types of suits must be filed within one to three years from the date of the conduct), in today’s world, victims who speak out, who join the national discourse in order to hold people accountable, to help push this culture shift forward, who call out the shameful behavior of seemingly all powerful men should be applauded. And, in truth, they are fighting in the only court currently available to them–that of public opinion. So, we say to you, Vester, Reinholz, and others, let us be on your jury!

Blac Chyna Takes on All the Kardashians

Blac Chyna, Celebrity News, Kardashian

Update: An LA judge comes down on the Kardashian’s side and dismisses Kris and Kim from Blac Chyna’s lawsuit for tortious interference of a contract. Bottom line: the judge didn’t believe Kim and Kris did anything to cause E! to drop Blac Chyna’s reality show. The claims against Rob still stand. And, certainly if Blac Chyna unearths new evidence against she can file another suit and name whoever she wants, including Kim and Kris.

Blac Chyna has decided that simply suing Rob Kardashian isn’t going to cut it in terms of righting what she feels are legal wrongs committed against her. On Tuesday, October 17th, 2017, Chyna filed a lawsuit against the entire Kardashian family. The main claim? The famous fam She is responsible for the cancellation of her television show Rob & Chyna.

This move comes after Rob Kardashian filed his own suit accusing Chyna of using him and his family name as a means for financial gain. Got a point here, Rob. Chyna, nee Angela Renee, tried to trademark the name Angela Renee Kardashian before she married Rob! (The request was denied, fyi.) In response to Chyna’s claims, the Kardashians claim that the cancellation of the show wasn’t up to the family, but to E! execs as well.

We would also guess that the frequently rocky relationship spelled doom for the show– a show about a couple generally requires a couple! Chyna and Kardashian began dating in 2016 and tales of their troubles have consistently been the subject of tabloid and media scrutiny. The “difficult” nature of their relationship rocketed into the spotlight after Rob posted naked pictures of Chyna on Instagram and Twitter, accused her of drug use, infidelity, and neglecting their daughter, Dream.

When this happened back in August 2017, Chyna immediately sought a restraining order against Rob, and began a domestic violence case against him. But then, miraculously, things started to look better for the feuding couple. On September 15th, Chyna dropped her domestic violence case against Rob, and the pair even negotiated a custody agreement for Dream. (Click here to read more about those matters) Link to this https://proofwithjillstanley.com/alls-well-ends-well-blac-chyna-drops-domestic-violence-case-rob-kardashian-custody-agreement-reached-dream/ It’s interesting to note also that LAPD don’t seem to have ever investigated Rob’s posting of naked pictures as revenge porn though the conduct does seem to sit squarely within the definition (for more info about revenge porn, click here).

But alas, nothing is ever simple in Hollywood–or the law–and Rob filed the lawsuit against Chyna referenced above, and the vicious circle of who’s suing whom continued to go ‘round.

In this most recent suit Chyna claims that Rob & Chyna had “stellar” ratings and that it was going to be picked up for another season, even though she and Rob decided to split up. Chyna isn’t wrong about the initial ratings. The series had drawn 1.4 million viewers for the premiere, but soon their ugly split was all over the media, and the ratings began to tank. This isn’t how Chyna sees it, evidently.

According to courts docs and Lisa Bloom, Chyna’s lawyer, “Rob Kardashian is an abuser intent on destroying Angela White [Chyna’s birth name], the mother of his baby, who left him in 2016. In revenge, the Kardashian-Jenner family became media predators, slut-shaming her on social media and killing her hit television show, which had already begun filming a second season.”

The complaint filed in this matter is really worth the read. But, to save you some time, here are some of our favorite allegations on the first page alone, “…little Dream, who Ms. White could not possibly love more and who Ms. White, despite her many powers, did not conceive by herself.” Or this dig at Rob for including the destruction of a gingerbread house in his lawsuit “…really: a gingerbread house…” she writes in italics for emphasis, and later “[The Kardashians] will even fund a lawsuit about crumbled cookies to get revenge on you for leaving a Kardashian.”

In Chyna’s eyes, the end of her reality television show was canceled because of Rob’s family. In her complaint, she cites an episode of KUWTK in which the family raises their concerns about Rob and Chyna’s unhealthy relationship. She believes that discussing this on television may have made it seem like cancelling the show was what was best, but instead, “the famous family was flexing their muscles so as to destroy Ms. White’s career so that she was no longer able to compete against the Kardashian-Jenner women as an entrepreneur and social media influencer.”

She is also accusing the Kardashians of leaking false reports about her to the media. Remember the story about Chyna leaving Dream at home to go to a party? Or how about how she demanded $50,000 in child support? She thinks that was the Kardashians. She’s suing for defamation and interference with contractual relations.

Here’s how we see it. Not to knock Chyna’s success (she has certainly made a name for herself) but she also is no competition for the powerhouse family that is the Kardashians. The word “family” hardly cuts it here: The Kardashians are an empire, and Chyna assuming that they would sabotage her show (and by proxy sabotage one of their own) seems like a bit of a reach. Kris Jenner is collecting a check, after all, so any cancellation would only serve to hurt the momager.

Chyna is also reviving her claims of domestic violence, suing Rob for harassment, assault, and battery. She’s also alleging that he abused and harassed her over text messaging, even threatening to kill himself. Other complaints include intrusion into private affairs, false light, disclosure of private facts, and interference with economic relations. Needless to say, it’s a pretty hefty lawsuit. It is filled with proof of Rob’s continued cyber-harassment and accounts of verbal and physical abuse. We want to make it clear that it is important for Chyna to speak on this abuse and get justice, but we’re just not sure if the suit against the entire Kardashian-Jenner clan will stick.

We’ll be KUWTL (keeping up with these lawsuits) as we’re sure the legal war between Chyna and at least one Kardashian will be waging on for quite some time.

 

 

Trump Lawsuit | Celebrity News | PROOF with Jill Stanley

Trump Lawyer Michael Cohen Pleads Guilty to Campaign Finance Violations

Celebrity News, Donald Trump

The Plea Deal
Michael Cohen, Trump’s former personal lawyer, plead guilty to campaign finance violations including two felonies: making an excessive campaign contribution and causing an unlawful corporate contribution. During his August 22, 2018 plea in U.S. District Court in Manhattan, Cohen admitted that he was acting to benefit Trump’s presidential bid by arranging a $130,000 payment to Stormy Daniels (the outspoken pornstar who Trump had an affair with, to read more about Stormy click here and another $150,000 payment to a former Playboy playmate, Karen McDougal. Stormy Daniels claimed that she only had one sexual encounter with Trump but McDougal said her affair lasted over a 10-month period. Trump was married during both dalliances. Upon making the payments, Cohen was reimbursed by the Trump Organization as part of a “retainer agreement.”

What Does the Plea Mean for Trump?
After the plea, Cohen’s lawyer, and PROOF friend, Lanny Davis, tweeted, “Michael Cohen took this step today so that his family can move on to the next chapter. This is Michael fulfilling his promise made on July 2nd to put his family and country first and tell the truth about Donald Trump.” Naturally there’s significant disagreement as to what this all means for Trump (party lines, anyone?). The truth is Trump has been sued more times than imaginable (even while in office) and he does seem to be protected by a bit of Teflon (aka staunch Trump followers) as he seems to avoid any real or lasting punishment for missteps– both intentional and unintentional– on major issues time and time again. Lanny Davis is attempting to make things more clear for a lot of us when after Cohen’s plea he continued to tweet, “Today [Michael Cohen] stood up and testified under oath that Donald Trump directed him to commit a crime by making payments to two women for the principal purpose of influencing an election. If those payments were a crime for Michael Cohen, then why wouldn’t they be a crime for Donald Trump?”

Well, if only it really were that cut and dry. It’s not. First, even if Cohen is being truthful about making the hush-money payments at the behest of Trump, the illegality must be proven as to Trump’s actions and directives. This is not so easy a task. Prosecutors will need to prove that Trump intended to carry out illegal activity and that he knew or had reason to know that what Cohen was doing was illegal.

This certainly would be easier if Cohen has e-mails or communications (more video or audio recordings) with the President that prove then-candidate Trump knew the payouts were being made to benefit or influence his presidential race. It will be an uphill battle to prove this though, and Cohen made no allusions (or direct statements which certainly would have been persuasive) to a conversation with the President when in court.

Trump Denies it’s a Crime but Lashes Out at Obama
Trump (as he oft does) started a Twitter tirade against Cohen starting with, “If anyone is looking for a good lawyer, I would strongly suggest that you don’t retain the services of Michael Cohen!”  (Why Trump’s school age and school yard behavior continues to surprise us we don’t know!) In another tweet Trump compared Obama’s campaign violations with those alleged against him, stating, “Michael Cohen plead guilty to two counts of campaign finance violations that are not a crime. President Obama had a big campaign finance violation and it was easily settled!”  This is a complete misstatement by Trump as Cohen’s admitted campaign finance law violations are in fact crimes–intentional willful violations of campaign laws whereas election law experts describe Obama’s infractions as minor violations that are treated as regulatory or civil matters.

Impeachment Likely?
Here’s the deal with impeachment. In order to impeach, a majority vote (51%) for impeachment is needed in the House of Representatives. This is a very real possibility and, If Democrats continue to win seats in the midterm elections, even more so. But because there is a vote for impeachment doesn’t mean a president will be removed (ie. Bill Clinton). Note, impeachment is really just the bringing of charges. Removal is the conviction of those charges. For removal, there must be a ⅔ vote of the Senate–that means 67 Senators must vote for Trump’s removal in order for him to be removed from office. Even if there are those Democrat midterms wins, this a very big number; the likelihood of removal is pretty low. In fact, to date, no president has been involuntarily removed from office.

However, there is no doubt that the plot is thickening as it relates to Trump and impeachment.

Cosby: Guilty, Guilty, Guilty! Sentencing September 24 and 25

Bill Cosby, Celebrity News

It’s about time Dr. Huxtable. We are happy about this verdict: Bill Cosby guilty on all three counts of aggravated indecent assault. As many PROOF readers may recall, PROOF was at the June 2017 trial (click here to see my play-by-play posts) and was blown away by the witnesses, especially Andrea Constand and her mother. We also understood well the weaknesses in the case and what would be needed the second time around in order to hope for a conviction (most jury trials rely on some level of hope no matter how solid the evidence). What we got though, was even better.

A Different World

Yup, thanks to Harvey Weinstein and the #metoo movement the world looks a lot different for sexual predators and their survivors in April 2018 than it did in June 2017. Today, we no longer see someone like Bill Cosby, or rather, the image he has hidden behind all these years (and wants the world to believe is real), and say “no way would he do that.” Today, we know powerful Hollywood men are capable of heinous, criminal acts no matter how charming, how handsome, how talented, how married, etc. they might be. In fact, it is those very traits that seem to make them feel all powerful, as if they can do and say whatever they want with impunity. Somehow it is their money, prestige, and fame that makes them they think they can take advantage of others. But, unlike during Cosby’s reign, victims today are speaking out buoyed by the strength of the #metoo movement and all the hundreds of other victims who are speaking out. What a great thing! And so, while the jury can’t take into account #metoo and all that has gone on in the past six months since the Harvey Weinstein scandal exploded, to say that it is not part of public discourse, to say that it’s not part of our (and jury members) subconscious would be to ignore a societal fact. No doubt #metoo played a powerful role in Cosby round 2. Timing is everything, huh Bill?

Story after Story, Cosby Victims Recount Harrowingly Similar Experiences

Second, a pivotal, game changing ruling by Judge O’Neill in 2018 that allowed for the testimony of 5 other victims. Five women who experienced almost exactly what Andrea Constand experienced with Bill Cosby-from the trust building to the promises to the fake friendship to the drugging and the assault. I thought Kelly Johnson and her mother, both of whom testified in the June 2017 trial were amazing, strong witnesses but they, along with the other evidence, weren’t enough to convince a jury. Neither returned to the witness box in 2018. But this year with 5 women telling the same story as Andrea Constand it was hard to ignore their relevance and persuasiveness. Especially hard to ignore was when, through tears, Lashan Chelan, who was just 17 years old to Bill Cosby’s almost 50 when he assaulted her, looked at him from the stand and said, “You remember Mr. Cosby, don’t you? Gives us the chills even today.

Cosby Paid Constand 3.38 million in Settlement of Civil Suit

Third, the defense was allowed to introduce evidence that Cosby paid Constand millions to make the civil suit go away. For the prosecution, this was not great news but it cuts several ways. Did Cosby settle for such a big number because he did it? If Constand didn’t settle the matter and went on to write books, go on television, give interviews, etc. about her Cosby experience certainly the comedian could have thought the damage to his career was going to cost him well in excess of 3.38 million. Cosby’s net worth is estimated to be about 400 million so 3.38 bit of a drop in the bucket, no? So, what did jurors do with this information? Might they think Cosby must have done it if he paid Constand that much money? Or, might it have played into the defense’s theory supported by the Temple employee witness, Marguerite Jackson (whose testimony was not allowed in the first trial), that Constand talked about framing a celebrity for a sex crime so that she could get money? The truth is litigants settle matters for many reasons and now that Cosby has been convicted, it’s safe to say they probably believed he had something to hide and that’s why he paid Constand off.  However, it must be noted that in Cosby’s deposition in the civil matter he said he did not believe Andrea was after money or that if she got money she wouldn’t report the incident to police. Apparently, the defendant’s own words had more power than that of Jackson.

Constand Never Asked Law Enforcement to Restart Cosby Investigation

In 2005 when law enforcement decided not to charge Cosby, Constand moved on. She pursued her civil case and obtained the settlement referenced above. She never asked officials to reopen the matter. It was only after Cosby’s deposition testimony became available pursuant to a request by a news outlet and police learned about Cosby’s use of quaaludes and “dropping a Spanish Fly” in a drink to get women to have sex with him that they reopened the investigation and ultimately charged him with crimes against Constand. Note, it was just weeks before Pennsylvania’s twelve year statute of limitations on sexual assault was to run.

Shame on you Defense Team for Blaming the Victim

No doubt Kathleen Bliss and Tom Mesereau made a huge strategy error when in their shared closing argument, they attacked personally Constand and the five other victims who testified. Constand was a “con artist”, a “pathological liar.” According to Bliss, former model Janice Dickinson was a “failed starlet”, who seemed to have “slept with every man on the planet.”  Heidi Thomas was a failed comedy star “living the dream,” reveling in the attention she was getting as a witness. In today’s world, many understand better the psyche of the victim, how hard it is for victims of sexual assault to come forward. In this #metoo era, the defense’s public shaming backfired.

Sentencing: Will Cosby Do Time Behind Bars?

The maximum punishment for each of the counts is 10 years in prison and a $25,000 fine. Though Judge O’Neill could sentence Cosby to 30 years, that’s not going to happen. We at PROOF believe it will be more like 2-3 years per count and then he will only serve about a year and a half total, maybe a tad more. So, if Cosby’s health continues to decline, he may in fact spend his last days behind bars but then again, he has endured two trials, scores of accusations and the former funny man is still standing.  And, remains feisty, calling District Attorney Kevin Steele and asshole when he asked for Cosby’s bail to be revoked.

Cosby’s sentencing hearing is set for September 24 and 25, 2018.

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