Not the Legal News We Were Hoping For

Today, after virtually calling Flynn a traitor, Judge Emmet Sullivan postponed his sentencing for 90 day and suggested it could be delayed further pending “completion of his co-operation” in the Russian Treason Investigation.

You could take that as an indicator the Judge will depart from the sentencing recommendations of both the Special Counsel’s Office and Flynn’s defense lawyers, I think it’s disappointing we didn’t get some resolution or new information.

On the other hand Barbara Underwood, New York State Attorney General, entered into an agreement with Unindicted Co-Conspirator Trump’s “charitable” Foundation.

Trump Foundation to Close Amid Lawsuit Accusing It of ‘Willful Self-Dealing’
By Shane Goldmacher, The New York Times
Dec. 18, 2018

The Donald J. Trump Foundation will close and give away all its remaining funds under judicial supervision amid a lawsuit accusing the charity and the Trump family of using it illegally for self-dealing and political gain, the New York attorney general’s office announced Tuesday.

The attorney general, Barbara Underwood, accused the foundation of “a shocking pattern of illegality” that was “willful and repeated” and included unlawfully coordinating with Mr. Trump’s 2016 presidential campaign.

“This amounted to the Trump Foundation functioning as little more than a checkbook to serve Mr. Trump’s business and political interests,” Ms. Underwood said.

The closure of the foundation is a milestone in the investigation. But the broader lawsuit, which also seeks millions in restitution and penalties and a bar on President Trump and his three oldest children from serving on the boards of other New York charities, is proceeding.

Ms. Underwood and a lawyer for the foundation signed the stipulation agreeing to the dissolution. The foundation’s remaining assets are to be redistributed under judicial supervision.

“This is an important victory for the rule of law, making clear that there is one set of rules for everyone,” Ms. Underwood said. “We’ll continue to move our suit forward to ensure that the Trump Foundation and its directors are held to account for their clear and repeated violations of state and federal law.”

Mr. Trump had said after the 2016 election that he would dissolve the foundation to avoid any appearance of conflict of interest. But the attorney general’s office said that such a move would require its approval, given the continuing investigation.

Nonprofit foundations are supposed to be devoted to charitable activities, but the attorney general’s office, following a two-year investigation, accused the Trump Foundation of being used to win political favor and even purchase a $10,000 portrait of Mr. Trump that was displayed at one of his golf clubs. The existence of the portrait was first reported by The Washington Post.

The lawsuit accused the foundation of virtually becoming an arm of the Trump campaign, with its campaign manager, Corey Lewandowski, directing the foundation to make disbursements in Iowa only days before the state held its presidential nominating caucuses.

“Is there any way we can make some disbursements [from the proceeds of the fund-raiser] this week while in Iowa? Specifically on Saturday,” Mr. Lewandowski wrote to the foundation’s treasurer in an email disclosed in the lawsuit.

The attorney general’s office is seeking for the Trump Foundation to pay $2.8 million in restitution, which is the amount raised for the foundation at an Iowa fund-raiser in 2016 that Mr. Trump held on the day that he avoided attending a debate with his Republican rivals. The foundation reported $1.7 million in assets in 2017 to the Internal Revenue Service.

Trump agrees to shut down his charity amid allegations that he used it for personal and political benefit
By David A. Fahrenthold, Washington Post
December 18, 2018

President Trump has agreed to shut down his embattled personal charity and to give away its remaining money amid allegations that he used the foundation for his personal and political benefit, New York Attorney General Barbara Underwood announced Tuesday.

Underwood said that the Donald J. Trump Foundation is dissolving as her office pursues its lawsuit against the charity, Trump and his three eldest children.

The suit, filed in June, alleged “persistently illegal conduct” at the foundation and sought to have it shut down. Underwood is continuing to seek more than $2.8 million in restitution and has asked a judge to ban the Trumps temporarily from serving on the boards of other New York nonprofit organizations.

Underwood said Tuesday that her investigation found “a shocking pattern of illegality involving the Trump Foundation — including unlawful coordination with the Trump presidential campaign, repeated and willful self-dealing, and much more.”

“This is an important victory for the rule of law, making clear that there is one set of rules for everyone,” she added in a statement.

In a court filing in New York, Underwood said that the foundation’s remaining $1.75 million would be distributed to other charities approved by her office and a state judge.

The attorney general’s suit alleges that Trump used his charity’s money as his own piggy bank — including to help his presidential campaign by paying for giveaways at Iowa rallies.

“The Foundation was little more than a checkbook for payments to not-for-profits from Mr. Trump or the Trump Organization,” Underwood wrote in the initial suit.

The Trump Foundation was never the most impressive part of Trump’s portfolio: At its peak, in 2009, it had only about $3.2 million in the bank, a small sum for a billionaire’s charity.

The real estate mogul used other people’s donations to build up the foundation’s assets. In recent years, the largest gifts came from pro-wrestling moguls Vince and Linda McMahon, not Trump.

Trump gave away the money in his name and also used the foundation to pay his business’s legal settlements. Federal law prohibits using charity money for personal gain.

The Post’s reporting showed that, for years, Trump appeared to treat the foundation — which was, by law, an independent entity — as a checkbook for gifts that bolstered his interests.

The largest donation in the foundation’s history — a $264,231 gift to the Central Park Conservancy in 1989 — appeared to benefit Trump’s business: It paid to restore a fountain outside Trump’s Plaza Hotel. The smallest, a $7 foundation gift to the Boy Scouts that same year, appeared to benefit Trump’s family. It matched the amount required to enroll a boy in the Scouts the year that his son Donald Trump Jr. was 11.

The attorney general’s investigation turned up evidence that Donald Trump Jr., Eric Trump and Ivanka Trump — all listed as officers of the charity — had never held a board meeting. The board hadn’t met since 1999. The charity’s official treasurer, Trump Organization executive Allen Weisselberg, told investigators that he wasn’t aware that he was on the board.

At one point, Trump used the charity’s money to make a $25,000 political donation to Florida Attorney General Pamela Bondi (R). The charity didn’t tell the IRS about that, as required — and instead listed that donation as a gift to an unrelated charity in Kansas with a similar name. Trump’s team blamed accounting mistakes.

During the 2016 campaign, state investigators allege, Trump effectively “ceded control” of his charity to his political campaign. He raised more than $2 million at a fundraiser in Iowa that flowed into the foundation. Then, the state said, Trump campaign manager Corey Lewandowski determined when and where it would be given away.

“Is there any way we can make some disbursements . . . this week while in Iowa?” Lewandowski wrote in an email cited in Underwood’s lawsuit.

Trump gave away oversize checks from the foundation at campaign events in the key early-voting states of Iowa and New Hampshire, pausing his campaign rallies to donate to local veterans’ groups.

Federal law prohibits charities from participating in political campaigns. As president, Trump has called repeatedly for that law to be repealed.

My worry is that Weisselberg, who is testifying under immunity, and the Trump Organization will use this agreement to short circuit investigation of the Trump Foundation and prevent charges from being brought against Donny Boy Jr., Eric “Don’t Call Me Stupid”, and Ivanka.