What A Day - Trump’s Week of Legal Woes

Episode Date: February 16, 2024

Fulton County DA Fani Willis and special counsel Nathan Wade both took the stand on Thursday about their prior romantic relationship. The hearing will determine whether it constituted a conflict of interest that disqualifies Willis from prosecuting Donald Trump for election racketeering in Georgia.Meanwhile, a verdict is expected Friday in New York’s civil fraud trial against Trump, and New York’s hush money criminal trial against Trump got a start date of March 25th.And in headlines: Kansas City officials said Wednesday’s mass shooting at the Super Bowl parade probably started with a personal argument, President Biden is expected to visit East Palestine, Ohio on Friday, and an FBI informant was charged for lying about connections between Hunter Biden and Ukraine.Show Notes:What A Day will be off on Monday, February 19th for Presidents’ Day. We’ll be back with a new episode on Tuesday, February 20th. What A Day – YouTube – https://www.youtube.com/@whatadaypodcastFollow us on Instagram – https://www.instagram.com/crookedmedia/For a transcript of this episode, please visit crooked.com/whataday

it's friday february 16th i'm josie duffy rice and i'm priyanka arabindi and this is what a day where we are getting prepared for this may's met gala the theme was announced yesterday and it's garden of time so i finally have a place to wear all my very old lady floral frocks yeah my invite might have gotten lost in the mail, but I'm prepared too. On today's show, Kansas City officials say Wednesday's mass shooting at the Super Bowl parade probably started with a personal argument. Plus, an FBI informant was charged for lying about connections between Hunter Biden and Ukraine. But first, there is a bunch of news in the many, many, many, many, many lawsuits against Donald Trump.

So let's talk about the one in Georgia, because two defendants testified yesterday. But these two defendants are also the prosecutors in the election interference case against Trump here in Georgia. Right. Fulton County DA Fannie Willis and Special Counsel Nathan Wade both took the stand in a case that will determine whether or not Willis should be disqualified from prosecuting Trump after it came to light that Willis and Wade had a romantic relationship that they did not disclose. Basically, one of Trump's co-defendants has alleged that because of their relationship, they have a conflict of

interest and they should not be allowed to prosecute this case. Yes. So obviously, this has all been a major issue in the recent days. Not great, not a good look for anybody. And the hearing yesterday was really bananas. So tell us a little bit about what happened. It was nuts. Truly. Not a dull moment. A few people were questioned, including Wade and Willis, but also a former friend of Willis's testified that the couple were actually in a relationship far before they publicly claimed. So the friend said that she had, quote, no doubt that the relationship started as early as 2019, though Willis and Wade claim it began in 2022. The reason that this matters is because it either happened before the indictment or after the indictment, which makes the question of like, did he get the job because of the, you know, a lot more complicated.

Got it. So the friend testified later, Wade took the stand where he repeatedly asserted that he and Fannie Willis had done nothing improper or unethical, though he did admit that they had slept together while he was estranged from his wife. Some would say that's not ethical, but like maybe in a different context. Yeah, it might have been this kind of context unethical, but right. And not only had they slept together while he was estranged from his wife, he had denied that they had done that in his divorce filing. Not great. It's not great. So his testimony went on for a while and then Fonny Willis took the stand and that is when things got even more interesting. Yes, I know Fonny Willis didn't

actually want to testify, actively tried to avoid it. So how did this go down when she was on the stand? Oh my gosh, she was heated. She was on stand for over two hours. It got pretty contentious. A number of opposing counsel attorneys questioned her and all of them were basically trying to prove that their relationship was either improper on his face or that like there was improper exchange of money through the relationship.

Either Nathan Wade benefited from D.A. Willis financially or vice versa. Willis repeatedly denied that this was the case. She answered question after question about her travel, her spending, and her relationship in a way that signaled pretty strong frustration from her about the whole thing. So here is her response to questions by opposing counsel about her financial and romantic relationship with Nathan Wade. Mr. Wade is used to women that, as he told me one time, the only thing a woman can do for him is make him a sandwich. We would have brutal arguments about the fact that I am your equal. I don't need anything from a man. A man is not a plan. A man is a companion. And so there was

tension always in our relationship, which is why I was give him his money back. I don't need anybody to foot my bills. The only man who's ever foot my bills completely is my daddy. You're not happy. Not happy. Also, like, why are you going to hire the guy that says that all women can do is make them a sandwich? Yeah, like, he kind of sounds like he sucks. If she's being honest about him, he's terrible. Anyway, this was kind of the whole tone of the questioning. Like, Fonny denied that there had been any misconduct or an ethical relationship.

But there was clearly some tension there. And she and he made it clear that they are not together. And I don't think it was a mutual cool breakup. I feel like it was pretty rough. Fonny had some memorable lines. She had this one when asked about cash that defense attorneys kept questioning her about. All my life. If you're a woman and you go on a date with a man, you better have $200 in your pocket.

So if that man acts up, you can go where you want to go. Okay, she's kind of giving a lot of like TikTok-y relationship advice. I feel like this is my FYP a little bit. She had a few very rough moments. I thought she got better as it went on, but maybe I just had been watching for long enough and had gotten used to how rough it was. Opposing counsel, I will say, had a really tough time kind of establishing that she and Wade did anything technically wrong. I thought they did manage to underscore that it was bad judgment. But as far as like nailing them technically, I don't think they really managed to do that. But again, there was like moment after moment after moment of acrimony here. And this is like hours and hours of testimony.

So Fonny repeatedly said that the opposing counsel were liars. Check out this clip. So let's be clear because you've lied in this. Let me tell you which one you lied in right here. I think you lied right here. No, no, no, no. Check out this clip. So let's be clear because you've lied in this. Let me tell you which one you lied in. Right here. I think you lied right here. No, no, no, no. This is the truth, Judge. It is a lie. It is a lie.

Mr. Sano, thank you. We're going to take five minutes. Be back in five. I so felt for the judge in this case because it was very judge being like, you don't have to answer this. And then she was like, but I want to. It's like, maybe not.

Maybe not. No, no, no. Don't do it. Of course, this hearing is not over yet. It will continue today and likely into next week. So there is more to come. What happens if D.A. Willis is disqualified from this case? Where do we go from here if that ends up happening?

Another Georgia district attorney from a different county other than Fulton would probably get the case. And that prosecutor would be chosen by the Georgia Prosecutors Association, which is not who you want making this choice. It is full of conservative prosecutors from pro-Trump country, which most of Georgia is. I'm willing to bet that that would be the end of Trump facing any consequences, at least in criminal court for election interference. That would be it. Really upsetting if that is the outcome of all of this because they decided that they wanted to date and it didn't even end up working out. And that's what we get? Like, y'all need to get back together if this is a situation because seriously, all of this for that. Why did we do all of this? Right.

Anyways, speaking of Trump related legal drama, we have some more updates on a few of the other cases that he is involved in. If you have not been listening to the show, I hate to break it to you. It is a lot. So let's start in New York State with his civil fraud trial. That is the one brought by New York Attorney General Letitia James. It accuses Trump and top officials at his company of committing fraud by inflating the business's financial statements. A verdict is expected today in that case. So stay tuned. It is coming. This follows a trial that started back in October of last year that included testimony from Trump himself, as well as his three eldest children, Don Jr., Ivanka and Eric. And as a reminder, Judge Arthur Angeron already determined last September that Trump and these

executives did engage in fraud repeatedly between the years of 2011 and 2021 by overstating the value of his real estate to gain millions of dollars in economic benefits. He ruled that Trump valued Mar-a-Lago at 20 times the tax assessment. He reported that his own penthouse at Trump Tower was nearly three times as big as it actually is. Like, we already know he did this stuff. But now what we're waiting for is Judge Angeron's determination on whether they did this intentionally, which I don't know if I would hold my breath. I'm not the legal expert on the show today. I'm not too worried there. And of course, the penalty that Trump and his businesses should have to pay for this. A.G. James wants a $370 million fine that would include repayment of the $250 million that was illegally obtained through this fraud, as well as a ban on Trump and his kids doing

any further business in New York state real estate. That is a ban that threatens to dissolve his entire business. That kind of ban is very rare. And Trump has promised to appeal if that happens. So another judge in New York just had another trial date for another Trump case yesterday. So tell us more about that one. Yes. So this one is for the Hush Money case that dates back to the cursed 2016 election.

Manhattan District Attorney Alvin Bragg charged Trump with 34 felony counts. All of them are tied to payments made to adult film star Stormy Daniels and others to keep silent about alleged sexual encounters. We all remember, how could we forget? The judge in that case, Justice Juan Marchand, rejected Trump's attempts to get these charges thrown out, and he set a March 25th trial date for that criminal trial.

Of course, Trump's lawyers had many objections to this. This six week long trial would coincide directly with the time that most presidential candidates would want to be out on the campaign trail for an election taking place in November. And they have been pushing hard to delay everything that they can. But also, most presidential candidates aren't facing 91 felony counts across four separate criminal indictments in four different states. So a little different situation here for Donald Trump than anyone else. This case is different from the ongoing federal cases in Washington, D.C. and Florida. I mean, if Trump, God forbid, won the election, he could try

and shut those cases down. But he can't do that here. He can't pardon himself. He can't cite presidential immunity. In this particular trial, Trump will face 34 felony charges, and it carries a maximum sentence of four years in prison total. So the jury of New Yorkers here could seal his fate. And finally, earlier this week, special counsel Jack Smith asked the Supreme Court to let the D.C. trial against Trump move forward. That, of course, is the one where he's charged with conspiring to overturn the results of the 2020 election. He desperately does not want this to happen before Election Day 2024. Predictably, his lawyers vehemently pushed back on this last night in a filing. And with that, we now wait for the Supreme Court to decide whether or not it will take this case. We'll continue to follow all of this as it unfolds. If you are still having difficulty keeping track of all of the

separate legal dramas, it's okay. We have your back. But that is the latest for now. We'll be back after some headlines. Headlines. Starting with an update on the mass shooting at a Super Bowl parade for the Kansas City Chiefs. The shooting happened Wednesday afternoon and left one person dead and 22 others wounded. Take a listen to what the city's police chief, Stacy Graves, said about the shooting during a news conference yesterday. First and foremost, I want to stress that preliminary investigative findings have shown there was no nexus to terrorism or homegrown violent extremism. This appeared to be a dispute between several people that ended in gunfire. As of Thursday afternoon,

two teenagers remained in custody in connection to the shooting and no charges had been filed. There are still no details on the weapons that were seized and Chief Graves called it a quote very active investigation. She also said that of the 22 people wounded in the shooting, half of them were under 16 years old. The person who died was local DJ and mother of two, Elizabeth Lisa Lopez-Galvin. She was 43. Her adult son was also shot on Wednesday. He was treated and released from the hospital. The local radio station that broadcasted Lopez-Galvin's show said in a statement on social media, quote, this senseless act has taken a beautiful person from her family and this KC community. It's awful. It is.

President Biden is expected to visit East Palestine, Ohio today, more than a year after the Norfolk Southern train derailment spilled toxic chemicals into the environment and displaced thousands of families. This will be Biden's first visit to the town since the disaster. According to White House officials, Biden will meet with members of the community to learn how the federal government can support them as they continue to recover from the disaster. Over 200 East Palestine residents signed a letter to Biden ahead of his visit on Thursday, asking him to issue a major disaster declaration, an action that the community has demanded for months now. The letter also cites the need for the EPA to study the effects of the train derailment on residents' health and the

environment. Biden will also meet with state and local officials to discuss rail safety and how to prevent future derailments. Republicans' efforts to impeach President Joe Biden appear to be unraveling, and that's because an ex-FBI informant was charged with lying about President Biden and his son Hunter's connection to a Ukrainian energy company. Those claims are central to the GOP's impeachment inquiry. Special Counsel David Weiss filed the charges and the indictment was unsealed yesterday. It charges former FBI informant Alexander Smirnov with falsely claiming that Hunter and his dad

sought $5 million bribes each from the Ukrainian energy company Burisma. Smirnov was arrested in Las Vegas on Wednesday and faces charges of making a false statement and creating a false and fictitious record. He appeared in court briefly yesterday. If convicted, Smirnov faces up to 25 years in prison. Sure, this happened, but I feel like the lie will have gone so much further than the truth ever will. Like so many people echo this claim, have echoed this claim for years. And for all the people who are saying that, like, who is going to be out there correcting every single one? Right. No, we know how this stuff works.

That's not how it happens. The truth is irrelevant to a lot of people. The seemingly never-ending wave of layoffs in the media landscape continued on Thursday when NowThis News laid off half of its editorial staff. That is according to the Writers Guild of America East, the union representing NowThis employees. The union said in a statement that 26 of its members were notified that they got laid off at 7 a.m. Eastern time yesterday. But some members found out earlier in the middle of the night when they were suddenly locked out of their work laptops, email, and Slack accounts. Even if you aren't familiar with the name NowThis, you've probably seen several of their short viral videos recapping the news on Instagram and Facebook. The company

was acquired by Vox in 2022 before becoming an independent entity last summer, and it garnered huge success as a progressive social media-based news outlet. Like many of the other media companies that announced layoffs in recent months, NowThis said in a staff memo that the job cuts were necessary to, quote, ensure a long-term sustainable business in the evolving media landscape. The Writers Guild put out a statement saying, quote, while we are shocked at how many talented, hardworking people the company let go, we are grateful to the current and past unit members who fought hard for a fair union contract, which includes generous severance packages. And finally, earlier this week, a small country radio station in Oklahoma initially declined a fan's request to play Beyoncé's incredible twangy new single, Texas Hold'em.

The fan, Justin McGowan, posted a screenshot of the radio station's email response on X, which read, quote, Hi, we do not play Beyoncé on KYKC as we are a country music station. Big mistake. Huge mistake. You are activating a fan base you cannot even comprehend. Absolutely not. And as you can imagine, the B.I. went to work. The station had told the New York Times that fans flooded the station with calls and emails

to say that the song deserved airtime. And it did. It's not even like they're making a crazy case. It did. It's a country song. It's a good song and it's a country song. It's a good song and it's a country song. And so, lo and behold, DJs from KYKC played the song multiple times on Tuesday night's set. Just a

reminder, or in case you've been living under a rock, Beyonce dropped two surprise singles in an album announcement during the Super Bowl last Sunday. And in this new project, the queen herself seems to be tapping into not only her own Texas roots, but the black roots of country music as a whole. But anyways, we had a little vote between our staff on everyone's favorites of the two new Beyonce singles. Listen, everyone loves Texas Hold'em. I like it too. It's catchy.

But I gotta say, like, some justice for 16 Carriages because it really is a beautiful, sad, lovely song. I really like it. I think she sounds really good. Bianca is in her emo era. I am. And Beyonce is there for me. I'm excited for this album.

I am too. It's going to be amazing. And those are the headlines. One more thing before we go. Democrats won George Santos's seat back. The House impeached the Homeland Security Secretary instead of addressing the border crisis. And Biden joined TikTok.

Listen to this week's Pod Save America to get up to date on all of the above. Plus, stay tuned for an upcoming bonus episode out this Sunday where they interview Senator Elizabeth Warren. Here is a preview. So it is time as a nation for us to say that just in the same way that we invest in highways so that people can get to work. And in the same ways that we invest in electricity and clean water so that all those businesses can run, we need employees to be able to get to work. And that means we need to invest in child care all across this country, available for every parent, available, affordable, high quality. And I'm in and I want to hear the president talk about it. Are you listening, Joe Biden?

I know he's a fan. Yep, I know he is. Check out the full pod or watch along on the Pod Save America YouTube channel. That is all for today. If you like the show, make sure you subscribe, leave a review, say hi to us at the Met Gala's garden party, and tell your friends to listen. And if you're into reading and not just the Met Gala invite that we totally got in the mail, like me, what a day is also a nightly newsletter. Check it out and subscribe at crooked.com slash subscribe. I'm Priyanka Arabindi. I'm Josie Duffy Rice. And we're here

for Beyonce's domination of all radio. She earned it. What can't she do? The question is, how do we get her on like local NPR? Tiny Desk? Wait, wait, don't tell me. Should she start hosting it? How do we get Beyonce NPR brand deal? How do we get Beyonce on Crooked? Phenomenal question. What a Day is a production of Crooked Media.

It's recorded and mixed by Bill Lance. Our show's producer is Itzy Quintanilla. Raven Yamamoto and Natalie Bettendorf are our associate producers. And our showrunner is Leo Duran. Our theme music is by Colin Gilliard and Kashaka.