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• Corporate Finance
• Corporate Debt

Debt Assignment: How They Work, Considerations and Benefits

Daniel Liberto is a journalist with over 10 years of experience working with publications such as the Financial Times, The Independent, and Investors Chronicle.

Charlene Rhinehart is a CPA , CFE, chair of an Illinois CPA Society committee, and has a degree in accounting and finance from DePaul University.

Katrina Ávila Munichiello is an experienced editor, writer, fact-checker, and proofreader with more than fourteen years of experience working with print and online publications.

Investopedia / Ryan Oakley

What Is Debt Assignment?

The term debt assignment refers to a transfer of debt, and all the associated rights and obligations, from a creditor to a third party. The assignment is a legal transfer to the other party, who then becomes the owner of the debt . In most cases, a debt assignment is issued to a debt collector who then assumes responsibility to collect the debt.

Key Takeaways

• Debt assignment is a transfer of debt, and all the associated rights and obligations, from a creditor to a third party (often a debt collector).
• The company assigning the debt may do so to improve its liquidity and/or to reduce its risk exposure.
• The debtor must be notified when a debt is assigned so they know who to make payments to and where to send them.
• Third-party debt collectors are subject to the Fair Debt Collection Practices Act (FDCPA), a federal law overseen by the Federal Trade Commission (FTC).

How Debt Assignments Work

When a creditor lends an individual or business money, it does so with the confidence that the capital it lends out—as well as the interest payments charged for the privilege—is repaid in a timely fashion. The lender , or the extender of credit , will wait to recoup all the money owed according to the conditions and timeframe laid out in the contract.

In certain circumstances, the lender may decide it no longer wants to be responsible for servicing the loan and opt to sell the debt to a third party instead. Should that happen, a Notice of Assignment (NOA) is sent out to the debtor , the recipient of the loan, informing them that somebody else is now responsible for collecting any outstanding amount. This is referred to as a debt assignment.

The debtor must be notified when a debt is assigned to a third party so that they know who to make payments to and where to send them. If the debtor sends payments to the old creditor after the debt has been assigned, it is likely that the payments will not be accepted. This could cause the debtor to unintentionally default.

When a debtor receives such a notice, it's also generally a good idea for them to verify that the new creditor has recorded the correct total balance and monthly payment for the debt owed. In some cases, the new owner of the debt might even want to propose changes to the original terms of the loan. Should this path be pursued, the creditor is obligated to immediately notify the debtor and give them adequate time to respond.

The debtor still maintains the same legal rights and protections held with the original creditor after a debt assignment.

Special Considerations

Third-party debt collectors are subject to the Fair Debt Collection Practices Act (FDCPA). The FDCPA, a federal law overseen by the Federal Trade Commission (FTC), restricts the means and methods by which third-party debt collectors can contact debtors, the time of day they can make contact, and the number of times they are allowed to call debtors.

If the FDCPA is violated, a debtor may be able to file suit against the debt collection company and the individual debt collector for damages and attorney fees within one year. The terms of the FDCPA are available for review on the FTC's website .

Benefits of Debt Assignment

There are several reasons why a creditor may decide to assign its debt to someone else. This option is often exercised to improve liquidity  and/or to reduce risk exposure. A lender may be urgently in need of a quick injection of capital. Alternatively, it might have accumulated lots of high-risk loans and be wary that many of them could default . In cases like these, creditors may be willing to get rid of them swiftly for pennies on the dollar if it means improving their financial outlook and appeasing worried investors. At other times, the creditor may decide the debt is too old to waste its resources on collections, or selling or assigning it to a third party to pick up the collection activity. In these instances, a company would not assign their debt to a third party.

Criticism of Debt Assignment

The process of assigning debt has drawn a fair bit of criticism, especially over the past few decades. Debt buyers have been accused of engaging in all kinds of unethical practices to get paid, including issuing threats and regularly harassing debtors. In some cases, they have also been charged with chasing up debts that have already been settled.

Federal Trade Commission. " Fair Debt Collection Practices Act ." Accessed June 29, 2021.

Federal Trade Commission. " Debt Collection FAQs ." Accessed June 29, 2021.

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Assigning debts and other contractual claims - not as easy as first thought

Harking back to law school, we had a thirst for new black letter law. Section 136 of the Law of the Property Act 1925 kindly obliged. This lays down the conditions which need to be satisfied for an effective legal assignment of a chose in action (such as a debt). We won’t bore you with the detail, but suffice to say that what’s important is that a legal assignment must be in writing and signed by the assignor, must be absolute (i.e. no conditions attached) and crucially that written notice of the assignment must be given to the debtor.

When assigning debts, it’s worth remembering that you can’t legally assign part of a debt – any attempt to do so will take effect as an equitable assignment. The main practical difference between a legal and an equitable assignment is that the assignor will need to be joined in any legal proceedings in relation to the assigned debt (e.g. an attempt to recover that part of the debt).

Recent cases which tell another story

Why bother telling you the above?  Aside from our delight in remembering the joys of debating the merits of legal and equitable assignments (ehem), it’s worth revisiting our textbooks in the context of three recent cases. Although at first blush the statutory conditions for a legal assignment seem quite straightforward, attempts to assign contractual claims such as debts continue to throw up legal disputes:

• In  Sumitomo Mitsui Banking Corp Europe Ltd v Euler Hermes Europe SA (NV) [2019] EWHC 2250 (Comm),  the High Court held that a performance bond issued under a construction contract was not effectively assigned despite the surety acknowledging a notice of assignment of the bond. Sadly, the notice of assignment failed to meet the requirements under the bond instrument that the assignee confirm its acceptance of a provision in the bond that required the employer to repay the surety in the event of an overpayment. This case highlights the importance of ensuring any purported assignment meets any conditions stipulated in the underlying documents.
• In  Promontoria (Henrico) Ltd v Melton [2019] EWHC 2243 (Ch) (26 June 2019) , the High Court held that an assignment of a facility agreement and legal charges was valid, even though the debt assigned had to be identified by considering external evidence. The deed of assignment in question listed the assets subject to assignment, but was illegible to the extent that the debtor’s name could not be deciphered. The court got comfortable that there had been an effective assignment, given the following factors: (i) the lender had notified the borrower of its intention to assign the loan to the assignee; (ii) following the assignment, the lender had made no demand for repayment; (iii) a manager of the assignee had given a statement that the loan had been assigned and the borrower had accepted in evidence that he was aware of the assignment. Fortunately for the assignee, a second notice of assignment - which was invalid because it contained an incorrect date of assignment - did not invalidate the earlier assignment, which was found to be effective. The court took a practical and commercial view of the circumstances, although we recommend ensuring that your assignment documents clearly reflect what the parties intend!
• Finally, in Nicoll v Promontoria (Ram 2) Ltd [2019] EWHC 2410 (Ch),  the High Court held that a notice of assignment of a debt given to a debtor was valid, even though the effective date of assignment stated in the notice could not be verified by the debtor. The case concerned a debt assigned by the Co-op Bank to Promontoria and a joint notice given by assignor and assignee to the debtor that the debt had been assigned “on and with effect from 29 July 2016”. A subsequent statutory demand served by Promontoria on the debtor for the outstanding sums was disputed on the basis that the notice of assignment was invalid because it contained an incorrect date of assignment. Whilst accepting that the documentation was incapable of verifying with certainty the date of assignment, the Court held that the joint notice clearly showed that both parties had agreed that an assignment had taken place and was valid. This decision suggests that mistakes as to the date of assignment in a notice of assignment may not necessarily be fatal, if it is otherwise clear that the debt has been assigned.

The conclusion from the above? Maybe it’s not quite as easy as first thought to get an assignment right. Make sure you follow all of the conditions for a legal assignment according to the underlying contract and ensure your assignment documentation is clear.

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Assignment Of Debt

Jump to section, what is an assignment of debt.

Assignment of debt is an agreement that transfer debt, rights, and obligations from a creditor to a third party. Assignment of debt agreements are commonly found when a creditor issues past due debt to a debt collection agency. The original lender will be relieved of all obligations and the agency will become the new owner of the debt. Debt assignment allows creditors to improve liquidity by reducing their financial risk. If a creditor has taken on a large amount of unsecured debt, an assignment of debt agreement is a quick way to transfer some of the unsecured loans to another party.

Common Sections in Assignments Of Debt

Below is a list of common sections included in Assignments Of Debt. These sections are linked to the below sample agreement for you to explore.

Assignment Of Debt Sample

Reference : Security Exchange Commission - Edgar Database, EX-10 19 ex107.htm ASSIGNMENT OF DEBT AND SECURITY , Viewed October 25, 2021, View Source on SEC .

Who Helps With Assignments Of Debt?

Lawyers with backgrounds working on assignments of debt work with clients to help. Do you need help with an assignment of debt?

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ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.

Meet some of our Assignment Of Debt Lawyers

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Benjamin E.

Benjamin is an attorney specializing in Business, Intellectual Property, Employment and Real Estate.

Jonathan R.

I am a graduate of Cornell University and Rutgers University School of Law—Newark, and have been admitted to the state and federal bars for New Jersey, and have been engaged in the full- or part-time practice of law since my admission to the bar in 1991. My practice centers on civil litigation; wills, trusts, and estates; and ediscovery review and management. I have extensive experience in regulatory compliance in the financial services industry, as well as privacy laws in the U.S. and E.U.

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judgment debt

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When a person against whom a monetary judgment has been entered, the person owes a judgment debt. This party will be a judgment debtor . The party who the judgment debtor owes money to is the judgment creditor . The judgment creditor has the right to collect the judgment debt. If the judgment debtor fails to pay for the debt, the judgment creditor can enforce the judgment.

Usually, there’s no waiting period after the judgment is final , which means the judgment creditor can start collecting the judgment debt right after the finalizing of the judgment. The creditor can contact the debtor to collect the judgment debt. If the debtor cannot afford to pay the full amount of the judgment, the creditor sometimes would accept an installment payment plan from the debtor. Sometime, the creditor may even accept a smaller amount than the judgment debt as full payment.

If the judgment debtor fails to pay the judgment debt, the judgment creditor can contact an enforcement officer of the court to enforce the judgment. Usually, this officer will be a county sheriff. After obtaining an order from the court, the sheriff can take money or property from the judgment debtor to pay for the debt. For example, the sheriff can have the debtor’s bank account, vehicle, or even wage be garnished .

Different states have different procedure for the judgment debt collection. See this document for the collecting procedure of California, and this website for the collection procedure in New York.

[Last updated in June of 2020 by the Wex Definitions Team ]

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• Practical Law

How do you assign a judgment debt?

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• Enforcement: Litigation

When Assigning the Right to Pursue Relief, Always Remember to Assign Title to, Or Ownership in, The Claim

• Posted on: Oct 4 2016

Whether a party has standing to bring a lawsuit is often considered through the constitutional lens of justiciability – that is, whether there is a “case or controversy” between the plaintiff and the defendant “within the meaning of Art. III.” Warth v. Seldin, 422 U.S. 490, 498 (1975). To have Article III standing, “the plaintiff [must have] ‘alleged such a personal stake in the outcome of the controversy’ as to warrant [its] invocation of federal-court jurisdiction and to justify exercise of the court’s remedial powers on [its] behalf.” Id. at 498–99 (quoting Baker v. Carr , 369 U.S. 186, 204 (1962)).

To show a personal stake in the litigation, the plaintiff must establish three things: First, he/she has sustained an “injury in fact” that is both “concrete and particularized” and “actual or imminent.” Lujan v. Defenders of Wildlife , 504 U.S. 555, 560 (1992) (internal quotation marks omitted). Second, the injury has to be caused in some way by the defendant’s action or omission. Id . Finally, a favorable resolution of the case is “likely” to redress the injury. Id . at 561.

When a person or entity receives an assignment of claims, the question becomes whether he/she can show a personal stake in the outcome of the litigation, i.e. , a case and controversy “of the sort traditionally amenable to, and resolved by, the judicial process.’” Sprint Commc’ns Co., L.P. v. APCC Servs., Inc., 554 U.S. 269, 285 (2008) (quoting Vt. Agency of Natural Res. v. United States ex rel. Stevens, 529 U.S. 765, 777–78 (2000)).

To assign a claim effectively, the claim’s owner “must manifest an intention to make the assignee the owner of the claim.” Advanced Magnetics, Inc. v. Bayfront Partners, Inc. , 106 F.3d 11, 17 (2d Cir. 1997) (internal quotation marks and brackets omitted). A would-be assignor need not use any particular language to validly assign its claim “so long as the language manifests [the assignor’s] intention to transfer at least title or ownership , i.e., to accomplish ‘a completed transfer of the entire interest of the assignor in the particular subject of assignment.’” Id. (emphasis added) (citations omitted). An assignor’s grant of, for example, “‘the power to commence and prosecute to final consummation or compromise any suits, actions or proceedings,’” id. at 18 (quoting agreements that were the subject of that appeal), may validly create a power of attorney, but that language would not validly assign a claim, because it does “not purport to transfer title or ownership” of one. Id.

On September 15, 2016, the New York Appellate Division, First Department, issued a decision addressing the foregoing principles holding that one of the plaintiffs lacked standing to assert claims because the assignment of the right to pursue remedies did not constitute the assignment of claims.  Cortlandt St. Recovery Corp. v. Hellas Telecom., S.à.r.l. , 2016 NY Slip Op. 06051.

BACKGROUND :

Cortlandt involved four related actions in which the plaintiffs – Cortlandt Street Recovery Corp. (“Cortlandt”), an assignee for collection, and Wilmington Trust Co. (“WTC”), an indenture trustee – sought payment of the principal and interest on notes issued in public offerings. Each action alleged that Hellas Telecommunications, S.a.r.l. and its affiliated entities, the issuer and guarantor of the notes, transferred the proceeds of the notes by means of fraudulent conveyances to two private equity firms, Apax Partners, LLP/TPG Capital, L.P. – the other defendants named in the actions.

The defendants moved to dismiss the actions on numerous grounds, including that Cortlandt, as the assignee for collection, lacked standing to pursue the actions. To cure the claimed standing defect, Cortlandt and WTC moved to amend the complaints to add SPQR Capital (Cayman) Ltd. (“SPQR”), the assignor of note interests to Cortlandt, as a plaintiff. The plaintiffs alleged that, inter alia , SPQR entered into an addendum to the assignment with Cortlandt pursuant to which Cortlandt received “all right, title, and interest” in the notes.

The Motion Court granted the motions to dismiss, holding that, among other things, Cortlandt lacked standing to maintain the actions and that, although the standing defect was not jurisdictional and could be cured, the plaintiffs failed to cure the defect in the proposed amended complaint. Cortlandt St. Recovery Corp. v. Hellas Telecom., S.à.r.l. , 47 Misc. 3d 544 (Sup. Ct., N.Y. Cnty. 2014).

The Motion Court’s Ruling

As an initial matter, the Motion Court cited to the reasoning of the court in Cortlandt Street Recovery Corp. v. Deutsche Bank AG, London Branch , No. 12 Civ. 9351 (JPO), 2013 WL 3762882, 2013 US Dist. LEXIS 100741 (S.D.N.Y. July 18, 2013) (the “SDNY Action”), a related action that was dismissed on standing grounds.  The complaint in the SDNY Action, like the complaints before the Motion Court, alleged that Cortlandt was the assignee of the notes with a “right to collect” the principal and interest due on the notes. As evidence of these rights, Cortlandt produced an assignment, similar to the ones in the New York Supreme Court actions, which provided that as the assignee with the right to collect, Cortlandt could collect the principal and interest due on the notes and pursue all remedies with respect thereto. In dismissing the SDNY Action, Judge Oetken found that the complaint did not allege, and the assignment did not provide, that “title to or ownership of the claims has been assigned to Cortlandt.” 2013 WL 3762882, at *2, 2013 US Dist. LEXIS 100741, at *7. The court also found that the grant of a power of attorney (that is, the power to sue on and collect on a claim) was “not the equivalent of an assignment of ownership” of a claim. 2013 WL 3762882 at *1, 2013 US Dist. LEXIS 100741 at *5. Consequently, because the assignment did not transfer title or ownership of the claim to Cortlandt, there was no case or controversy for the court to decide ( i.e. , Cortlandt could not prove that it had an interest in the outcome of the litigation).

The Motion Court “concur[red] with” Judge Oeken’s decision, holding that “the assignments to Cortlandt … were assignments of a right of collection, not of title to the claims, and are accordingly insufficient as a matter of law to confer standing upon Cortlandt.”  In so holding, the Motion Court observed that although New York does not have an analogue to Article III, it is nevertheless analogous in its requirement that a plaintiff have a stake in the outcome of the litigation:

New York does not have an analogue to article III. However, the New York standards for standing are analogous, as New York requires “[t]he existence of an injury in fact—an actual legal stake in the matter being adjudicated.”

Under long-standing New York law, an assignee is the “real party in interest” where the “title to the specific claim” is passed to the assignee, even if the assignee may ultimately be liable to another for the amounts collected.

Citations omitted.

Based upon the foregoing, the Motion Court found that Cortlandt lacked standing to pursue the actions.

Cortlandt appealed the dismissal. With regard to the Motion Court’s dismissal of Cortlandt on standing grounds, the First Department affirmed the Motion Court’s ruling, holding:

The [IAS] court correctly found that plaintiff Cortlandt Street Recovery Corp. lacks standing to bring the claims in Index Nos. 651693/10 and 653357/11 because, while the assignments to Cortlandt for the PIK notes granted it “full rights to collect amounts of principal and interest due on the Notes, and to pursue all remedies,” they did not transfer “title or ownership” of the claims.

The Takeaway

Cortlandt limits the ability of an assignee to pursue a lawsuit when the assignee has no direct interest in the outcome of the litigation. By requiring an assignee to have legal title to, or an ownership interest in, the claim, the Court made clear that only a valid assignment of a claim will suffice to fulfill the injury-in-fact requirement. Cortlandt also makes clear that a power of attorney permitting another to conduct litigation on behalf of others as their attorney-in-fact is not a valid assignment and does not confer a legal title to the claims it brings. Therefore, as the title of this article warns: when assigning the right to pursue relief, always remember to assign title to, or ownership in, the claim.

Tagged with: Business Law

What is an Assignment of Debt?

By Vanessa Swain Senior Lawyer

Updated on February 22, 2023 Reading time: 5 minutes

This article meets our strict editorial principles. Our lawyers, experienced writers and legally trained editorial team put every effort into ensuring the information published on our website is accurate. We encourage you to seek independent legal advice. Learn more .

Perfecting Assignment

• Enforcing an Assigned Debt 

Recovery of an Assigned Debt

• Other Considerations 

Key Takeaways

Frequently asked questions.

I t is common for creditors, such as banks and other financiers, to assign their debt to a third party. Usually, an assig nment of debt is done in an effort to minimise the costs of recovery where a debtor has been delinquent for some time. This article looks at:

• what it means to ‘assign a debt’;
• the legal requirements to perfecting an assignment; and
• common problems with enforcing an assigned debt. 

Whether you’re a small business owner or the Chief Financial Officer of an ASX-listed company, one fact remains: your customers need to pay you.

This manual aims to help business owners, financial controllers and credit managers best manage and recover their debt.

An assignment of debt, in simple terms, is an agreement that transfers a debt owed to one entity, to another. A creditor does not need the consent of the debtor to assign a debt.

Once a debt is properly assigned, all rights and responsibilities of the original creditor (the assignor ) transfer to the new owner (the assignee ). Once an assignment of debt has been perfected, the assignee can collect the full amount of the debt owed . This includes interest recoverable under the original contract, as if they were the original creditor. A debtor is still responsible for paying the outstanding debt after an assignment. However, now, the debt or must pay the debt to the assignee rather than the original creditor.

Purchasing debt can be a lucrative business. Creditors will generally sell debt at a loss, for example, 20c for each dollar owed. Although, the amount paid will vary depending on factors such as the age of the debt and the likelihood of recovery. This can be a tax write off for the assignor, while the assignee can take steps to recover 100% of the debt owed. 

In New South Wales, the requirements for a legally binding assignment of debt are set out in the Conveyancing Act :

• the assignment must be in writing. You do this in the form of a deed (deed of assignment) and both the assignor and assignee sign it; and
• the assignor must provide notice to the debtor. The requirement for notice must be express and must be in writing. The assignor must notify the debtor advising them of the debt’ s assign ment and to who it has been assigned. The assignee will send a separate notice to the debtor, putting them on notice that the debt is due and payable. They will also provide them with the necessary information to make payment. 

The assignor must send the notices to the debtor’s last known address.  

Debtor as a Joined Party

In some circumstances, a debtor will be joined as a party to the deed of assignment . There can be a great benefit in this approach . This is because the debtor can provide warranties that the debt is owed and has clear notice of the assignment. However, it is not always practical to do so for a few reasons:

• a debtor may not be on speaking terms with the assignor; 
• a debtor may not be prepared to co-operate or provide appropriate warranties; and
• the assignor or the assignee may not want the debtor to be made aware of the sale price . This occurs particularly where the sale price is at a significant discount.

If the debtor is not a party to the deed of assignment, proper notice of the assignment must be provided.  

An assignment of debt that has not been properly perfected will not constitute a legal debt owing to the assignee. Rather, the legal right to recover the debt will remain with the assignor. Only an equitable interest in the debt will transfer to the assignee.  

Enforcing an Assigned Debt 

After validly assigning a debt (in writing and notice has been provided to the debtor’s last known place of residence), the assignee is entitled to take any legal steps available to them to recover the outstanding debt. These recovery options include:

• commencing court proceedings;
• obtaining a judgment; and 
• enforcement of that judgment.

Suppose court proceedings have been commenced or judgment already entered in favour of the assignor. In that case, the assignee must take steps to have the proceedings or judgment formally changed into the assignee’s name.  

In our experience, recovery of an assigned debt can be problematic because:  

• debtors often do not understand the concept of debt assignment and may not be aware that their credit contract contains an assignment of debt clause;
• disputes can arise as to whether a lawful assignment of debt has arisen. A debtor may claim that the assignor did not provide them with the requisite notice of the assignment, or in some cases, a contract will specifically exclude the creditor from legally assigning a debt;
• proper records of the notice of assignment provided to the debtor must be maintained. If proper records have not been kept, it may be difficult to prove that notice has been properly given, which may invalidate the legal assignment; and
• the debtor has the right to make an offsetting claim in defence to any recovery action taken by the assignee. A debtor may raise an offsetting claim which has arisen out of a previous arrangement with the assignor (which the assignee may not be aware of). For example, the debtor may have entered into an agreement with the assignor whereby the assignor agreed to accept a lesser amount of the debt owed by way of settlement. Because the assignee acquires the same rights and obligations of the assignor, the terms of that previous settlement agreement will bind the assignee. The court may find that there is no debt owing by the debtor. In this case, the assignee will have been assigned nothing of value. 

Other Considerations 

When assigning a debt, it is essential that the assignee, in particular, considers relevant statutory limitation periods for commencing proceedings or enforcing a judgment debt . In New South Wales, the time limit:

• to file legal proceedings to recover debts is six years from the date of last payment or when the debtor admitted in writing that they owed the debt; and
• for enforcing a judgment debt is 12 years from the date of judgment.

An assignment of a debt does not extend these limitation periods.  

While there can be benefits to both the assignor and the assignee, an assignment of debt will be unenforceable if done incorrectly. Therefore, if you are considering assigning or being assigned a debt, it is important to seek legal advice. If you need help with drafting or reviewing a deed of assignment or wish to recover a debt that has been assigned to you, contact LegalVision’s debt recovery lawyers on 1300 544 755 or fill out the form on this page.  

An assignment of debt is an agreement that transfers a debt owed to one entity, to another. A creditor does not need the consent of the debtor to assign a debt.

Once the assignee has validly assigned a debt, they are entitled to take any legal steps available to them to recover the outstanding debt. This includes commencing court proceedings, obtaining a judgment and enforcement of that judgment.

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Enforcement of Judgments

After obtaining a judgment, the judgment creditor’s next step is to attempt to collect what is owed. The court does not collect judgments; the prevailing party is responsible for all collection efforts. However, the court may issue a variety of orders and other documents that may be used to collect your judgment from the debtor.

There are several steps that may need to be taken prior to starting your collection efforts.

Locate the Judgment Debtor

Before any collection efforts may begin, the judgment debtor must be located. Soon after the entry of judgment, this may be an easy task. However, as time passes, it can become increasingly difficult to locate the judgment debtor. For tips on how to do this, see our Legal Research Guide on Finding People and Businesses .

Determine the Debtor’s Assets

It is important to have information about the debtor’s assets, so that the judgment creditor can select the enforcement method(s) that will be the most effective.

An Order of Examination, also called a Debtor’s Examination, is a formal court proceeding during which a judgment creditor may question the judgment debtor about their income and property, to determine what assets are available to the creditor for collection of a judgment.

For More Information Get Information About the Debtor’s Assets , from the California Courts Self-Help Website 

Sample Questions to Ask a Debtor , from the California Courts Self-Help Website

Orders of Examination , from the Sacramento County Superior Court’s Website

Debtor’s Examination , Step-by-Step guide from the Sacramento County Public Law Library

Calculate the Amount Owed

Before beginning enforcement procedures, a judgment creditor must determine the amount currently owed. Unless the judgment debtor promptly pays the judgment in full, the judgment amount ordered by the court is rarely the final amount paid to the judgment creditor. A judgment creditor is entitled to reimbursement of any post-judgment costs, such as the costs associated with enforcing the judgment (including the cost of issuing the Writ of Execution, Levying Officers’ fees, fees for the Application for Order for Appearance of Judgment Debtor, etc.). Additionally, unpaid judgment amounts accrue interest at the legal rate of 10% per year.

Judgment Calculator The San Diego Superior Court provides this free online program that calculates the amount due on a specific day. Just input the judgment amount, date, and payment history, and the program does all the calculations for you.

For More Information

Memorandum of Costs , Step-by-Step guide from the Sacramento County Public Law Library

Begin Your Collection Efforts

There are numerous ways a judgment creditor may collect from a judgment debtor. The method(s) used depend on the judgment debtor’s assets. Below is information about several common enforcement methods.

Collecting from Wages (Earnings Withholding Order)

If the judgment debtor is employed, the judgment creditor may garnish up to 25 percent of the amount over the federal minimum wage that the debtor earns until the judgment is paid in full.

For More Information Collect Your Judgment , from the California Courts Self-Help Website Collect Your Judgment from the Debtor’s Paycheck , Step-by-Step guide from the Sacramento County Public Law Library

Ask the Court to Stop or Reduce a Wage Garnishment ,  Step-by-Step guide from the Sacramento County Public Law Library

Sacramento Sheriff Civil Bureau, Civil Process Types and Fees Provides details of the procedures and required documents. Click on “Earnings Withholding Order” for more information.

Collecting Money from a Bank Account (Bank Levy)

If the judgment debtor has a bank account or safe deposit box, the judgment creditor may be able to take money from the account or seize the contents of the box.

For More Information Collect from the Debtor’s Property , from the California Courts Self-Help Website

Collect Your Judgment from the Debtor’s Bank Account , Step-by-Step guide from the Sacramento County Public Law Library

Ask the Court to Stop or Reduce a Bank Levy , Step-by-Step guide from the Sacramento County Public Law Library

Placing a Lien on Real Property

If the judgment debtor owns real property, the judgment creditor may place a lien on the property. If the debtor tries to sell or refinance the property, the creditor will be paid the judgment amount plus accrued interest from the escrow. In some situations, it may also be possible to “foreclose” on the judgment lien, and force the sale of the property. This is only an option is there is enough equity in the property to pay all existing liens and exemptions, as well as the costs of foreclosure.

Collect from the Debtor’s Property , from the California Courts Self-Help Website

Placing a Judgment Lien , Step-by-Step guide from the Sacramento County Public Law Library

Judgment Liens on Property in California , an article from Nolo Press

Placing a Lien on Personal Property

A judgment creditor can have the sheriff take the debtor’s personal property and sell it at public auction to pay the debt. This can be any type of property, such as jewelry, computers or other electronic equipment, musical instruments, coin collections, etc. This is an expensive process, though, so unless the property is extremely valuable, it is rarely worthwhile.

Notice of Judgment Lien , from the California Secretary of State

Placing a Lien on a Lawsuit the Debtor Has Against Someone Else

If the judgment debtor has a lawsuit against someone else, the judgment creditor may place a lien on the money the debtor hopes to recover if he or she wins that lawsuit.

For More Information Collect from the Debtor’s Property , from the California Courts Self-Help Website 

Placing a Till Tap or Keeper

If the judgment debtor is a business or the sole proprietor of a business, the sheriff may visit the business and take all money on the premises to pay the judgment and the sheriff’s fee. The sheriff’s department may also station a deputy near the cash register, and take possession of all funds as they come in.

For More Information More Ways to Collect , from the California Courts Self-Help Website

Suspending the Debtor’s Real Estate, Contractor’s, or Driver’s License

If the judgment is related to a license, (e.g., a car accident is related to a driver’s license; construction defects are related to a contractor’s license), the judgment creditor may be able to have the judgment debtor’s license suspended.

Unsatisfied Judgments , from the Department of Motor Vehicles Judgments over $1000 , $750 if judgment issued prior to Jan. 1, 2017 Judgments under $1000 , $750 if judgment issued prior to Jan. 1, 2017

Suspending a Driver License to Force Payment ,  from the Los Angeles County Department of Consumer Affairs

Civil Judgments ,  Contractors State License Board Consumer Recovery Account , California Department of Real Estate

Obtaining a Seizure, Turnover, or Assignment Order

A seizure order allows the sheriff to take property from a private residence, while a turnover order requires the judgment debtor to give the property to the sheriff. These orders are most commonly used for large, expensive items, such as pianos, boats, or stereo systems. An assignment order requires the debtor to assign ongoing payments, such as sales commissions or rents, to the judgment creditor.

Renew the Judgment if Necessary

Money judgments automatically expire after 10 years, unless the judgment creditor renews the judgment before it expires. A judgment may be renewed for another 10 years, and renewed repeatedly until it is paid in full. Expired judgments cannot be enforced, so judgment creditors must be careful to renew judgments in a timely manner.

For More Information Renew Your Judgment , from the California Courts Self-Help Website

Renew Your Judgment , Step-by-Step guide from the Sacramento County Public Law Library 

Once the Judgment is Paid in Full

Once a judgment is paid, either in full or in an amount the judgment creditor agrees to accept as full payment, the judgment creditor must file an  Acknowledgement of Satisfaction of Judgment  (EJ-100) with the court. It must also be filed with the County Recorder’s Office if any liens were placed on real property, and with the Secretary of State’s Office if liens were placed on personal property. If you do not file an Acknowledgment of Satisfaction of Judgment, the judgment debtor may sue you for any damages caused by your failure to file the Acknowledgment, plus $100.

For More Information After the Judgment is Paid , from the California Courts Self-Help Website

After Your Judgment is Paid , Step-by-Step guide from the Sacramento County Public Law Library 

This material is intended as general information only. Your case may have factors requiring different procedures or forms. The information and instructions are provided for use in the Sacramento County Superior Court. Please keep in mind that each court may have different requirements. If you need further assistance consult a lawyer.

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Home / Knowledge / Articles / Assignments of Claims or Judgment Debts

Assignments of Claims or Judgment Debts

• November 2016
• Corporate Recovery & Restructuring

Author: Chris Millar

A judgment debt can be assigned if it is in writing, unconditional, doesn’t purport to be by way of charge only, and relates to the whole of the debt. Notice of the assignment must be given to the judgment debtor. For enforcement of the Judgment, an Application will have to be made to the Court for the assignor to replace the assignee as judgment creditor.

In a MVL the judgment can be assigned to the shareholders, provided the company’s articles permit a distribution in specie, and the assignment complies with the company law requirements in relation to dividends in specie. Refer also to HMRC Extra Statutory Concession C16.

With regard to the assignment of a claim then the procedure follows that for the assignment of a judgment debt. We have been asked whether an administrator or liquidator needs to consider if a claim has merit before they can make an assignment pursuant to Section 246ZD? The short answer is yes; an administrator or liquidator could be open to criticism for assigning a claim that he is aware has no reasonable prospect of success. However, he would not have to do very much investigation to assess whether the claim clears this bar.

For further information contact Chris Millar on 01306 502225 or [email protected] .

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English law assignments of part of a debt: Practical considerations

United Kingdom |  Publication |  December 2019

Enforcing partially assigned debts against the debtor

The increase of supply chain finance has driven an increased interest in parties considering the sale and purchase of parts of debts (as opposed to purchasing debts in their entirety).

While under English law part of a debt can be assigned, there is a general requirement that the relevant assignee joins the assignor to any proceedings against the debtor, which potentially impedes the assignee’s ability to enforce against the debtor efficiently.

This note considers whether this requirement may be dispensed with in certain circumstances.

Can you assign part of a debt?

Under English law, the beneficial ownership of part of a debt can be assigned, although the legal ownership cannot. 1  This means that an assignment of part of a debt will take effect as an equitable assignment instead of a legal assignment.

Joining the assignor to proceedings against the debtor

While both equitable and legal assignments are capable of removing the assigned asset from the insolvency estate of the assignor, failure to obtain a legal assignment and relying solely on an equitable assignment may require the assignee to join the relevant assignor as a party to any enforcement action against the debtor.

An assignee of part of a debt will want to be able to sue a debtor in its own name and, if it is required to join the assignor to proceedings against the debtor, this could add additional costs and delays if the assignor was unwilling to cooperate. 2

Kapoor v National Westminster Bank plc

English courts have, in recent years, been pragmatic in allowing an assignee of part of a debt to sue the debtor in its own name without the cooperation of the assignor.

In Charnesh Kapoor v National Westminster Bank plc, Kian Seng Tan 3 the court held that an equitable assignee of part of a debt is entitled in its own right and name to bring proceedings for the assigned debt. The equitable assignee will usually be required to join the assignor to the proceedings in order to ensure that the debtor is not exposed to double recovery, but the requirement is a procedural one that can be dispensed with by the court.

The reason for the requirement that an equitable assignee joins the assignor to proceedings against the debtor is not that the assignee has no right which it can assert independently, but that the debtor ought to be protected from the possibility of any further claim by the assignor who should therefore be bound by the judgment.

Application of Kapoor

It is a common feature of supply chain finance transactions that the assigned debt (or part of the debt) is supported by an independent payment undertaking. Such independent payment undertaking makes it clear that the debtor cannot raise defences and that it is required to pay the relevant debt (or part of a debt) without set-off or counterclaim. In respect of an assignee of part of an independent payment undertaking which is not disputed and has itself been equitably assigned to the assignee, we believe that there are good grounds that an English court would accept that the assignee is allowed to pursue an action directly against the debtor without needing the assignor to be joined, as this is likely to be a matter of procedure only, not substance.

This analysis is limited to English law and does not consider the laws of any other jurisdiction.

Notwithstanding the helpful clarifications summarised in Kapoor, as many receivables financing transactions involve a number of cross-border elements, assignees should continue to consider the effect of the laws (and, potentially court procedures) of any other relevant jurisdictions on the assignment of part of a debt even where the sale of such partial debt is completed under English law.

Legal title cannot be assigned in respect of part of a debt. A partial assignment would not satisfy the requirements for a legal assignment of section 136 of the Law of Property Act 1925.

If an assignor does not consent to being joined as a plaintiff in proceedings against the debtor it would be necessary to join the assignor as a co-defendant. However, where an assignor has gone into administration or liquidation, there may be a statutory prohibition on joining such assignor as a co-defendant (without the leave of the court or in certain circumstances the consent of the administrator).

[2011] EWCA Civ 1083

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Assignment Moscow: Reporting on Russia from Lenin to Putin Paperback – May 18, 2023

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The story of western correspondents in Russia is the story of Russia's attitude to the west. Russia has at different times been alternately open to western ideas and contacts, cautious and distant or, for much of the twentieth century, all but closed off. From the revolutionary period of the First World War onwards, correspondents in Russia have striven to tell the story of a country known to few outsiders. Their stories have not always been well received by political elites, audiences, and even editors in their own countries-but their accounts have been a huge influence on how the West understands Russia. Not always perfect, at times downright misleading, they have, overall, been immensely valuable. In Assignment Moscow , former foreign correspondent James Rodgers analyses the news coverage of Russia throughout history, from the coverage of the siege of the Winter Palace and a plot to kill Stalin, to the Chernobyl explosion and the Salisbury poison scandal.

• Print length 280 pages
• Language English
• Publisher Bloomsbury Academic
• Publication date May 18, 2023
• Dimensions 6.15 x 0.85 x 9.15 inches
• ISBN-10 1350356107
• ISBN-13 978-1350356108
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“ Assignment Moscow exposes how the Moscow correspondent has had to adapt to multiple manifestations of censorship, or compete with state-run media, the severity of which has ebbed and flowed with changes in regime.” ― History Today “Rodgers's narrative rests on an enormous number of articles in Anglo-American media, books by and about journalists, and his own interviews with many Moscow correspondents.” ― Foreign Affairs Magazine “Rodgers retains his focus on the correspondent's interactions with Russia and Russians, rather than being sidetracked into discussions of normative values or political controversy. This approach prepares the reader for the conclusion, which celebrates the openness and curiosity of the best Russia correspondents, reminding the reader that what they have just read is a history not of Russia but of how Western correspondents have told Russia's stories. Differentiating the two is an important and hitherto neglected task but one that James Rodgers has achieved masterfully.” ― Journalism “Reporting from Russia has never been easy; Rodgers vividly captures the changing fortunes of Moscow correspondents over the past hundred years, as they penetrated the mysteries of life in Russia and brought them to our newspapers and screens. Some were duped, some were fellow-travellers or spies; most battled against censors and blank-faced politicians; all have helped to shape our understanding of the world's biggest country.” ― Angus Roxburgh, former Moscow correspondent for the BBC, Sunday Times and Economist “Writing about journalism in Russia since the revolution, James Rodgers rightly emphasises that to understand Russia you have to talk to people of all kinds. But he argues that even correspondents who knew the language and the history found it hard to report dispassionately because of official obstruction and their own emotional involvement.” ― Rodric Braithwaite “A highly original, engrossing and accessible book, Assignment Moscow stands out among journalistic accounts of Russia for its subtlety, humility and historic scope. It tells the story of British and American journalists who aimed to throw light on Russia from Lenin to Putin, and in the process illuminated the West itself.” ― Arkady Ostrovsky, Author of The Invention of Russia: The Rise of Putin and the age of Fake News, Winner of the 2016 Orwell Prize “It is hard to believe that in the torrent of books published on Russia each year, that one could come along as original and valuable as Assignment Moscow. One comes to appreciate the service of our reporting men and women in Moscow. For all their fallibilities, without their dedication, we wouldn't have half the understanding of Russia that we have today, imperfect as it will always be. We therefore owe them – and especially Rodgers as journalist, teacher, analyst and cataloguer – a huge debt.” ― James Nixey, Chatham House “[Rodgers'] experience has been wisely distilled in this fair-minded, balanced and perceptive exploration of the problems reporters have faced in trying to report from Russia.” ― British Journalism Review “Reveals how journalists' experiences reporting from Russia for the past 100 years mirrors its changing attitude to the West.” ― The Journalist

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• Publisher ‏ : ‎ Bloomsbury Academic (May 18, 2023)
• Language ‏ : ‎ English
• Paperback ‏ : ‎ 280 pages
• ISBN-10 ‏ : ‎ 1350356107
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James rodgers.

James Rodgers writes books on international affairs, especially armed conflict. His work has a focus on how the stories of those events are told to the world. Much of his writing draws on his own experience reporting from the former Soviet Union and the Middle East as a journalist from the 1990s onwards. During his BBC career (1995-2010), James completed postings in Moscow, Brussels, and Gaza where, from 2002-2004, he was the only international correspondent based in the territory. His numerous other assignments included New York and Washington following the September 11th attacks; reporting from Iraq in 2003 and 2004 during the United States-led invasion; and covering the wars in Chechnya.

James now lectures in International Journalism at City, University of London. He still works as a journalist, too--contributing work to the BBC, NBC Think, Forbes.com, Monocle Radio, and others.

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Editorial Board Member

Suddenly, a Real Chance to Halt the Fighting in Gaza

The “comprehensive new proposal” made by Israel for the Gaza war, announced by President Biden on Friday, is essentially a six-week cease-fire that would include the withdrawal of Israeli troops from populated areas of Gaza, the release of most Israeli hostages and a massive relief effort for two million battered, hungry Gazans. The stages beyond that — a permanent end to hostilities, release of all remaining hostages, the reconstruction of Gaza — are left to future negotiations.

That leaves a lot of open questions down the road, all heavily laden with polarized politics, animosities and unknowns. Yet if the plan Biden described on Friday is accepted by Hamas, which looks likely, the cease-fire alone would be a huge achievement for the United States and its mediating partners, Egypt and Qatar — and a desperately needed dollop of food, medicine, shelter and hope for Gazans.

Despite a deafening international outcry against the vast carnage and destruction in Gaza, including heated protests on American campuses and arrest warrants (albeit largely demonstrative) for top Israeli and Hamas leaders from the International Criminal Court, along with considerable pressure from the Biden administration, a cease-fire seemed always just beyond reach.

The reasons are many and varied: The Hamas terrorist attack of Oct. 7 left many Israelis hungry for the eradication of Hamas, cost be damned; Prime Minister Benjamin Netanyahu and his far-right nationalist government showed little interest in ending the fight, especially as that would most likely lead to the end of his fragile government and leave him facing criminal charges; the Hamas leader, Yahya Sinwar, insisted that the fighting must end before any hostage release or deal with Israel.

At the same time, the war put growing political pressures on Biden. There was always a threat of the conflict spreading to northern Israel and beyond, and the use of American ordnance against civilians in Gaza was feeding a swelling fury among American liberals, Biden’s constituency in a critical election year.

The president acknowledged some of the opposition the full proposal would confront in Israel. Responding to the longing for the destruction of Hamas, he claimed that the organization was no longer capable of an attack like the one on Oct. 7. Aware that some on the Israeli right wanted total victory, he argued that this would not bring hostages home, not bring an “enduring defeat” of Hamas and “not bring Israel lasting security.”

That is the message the president will have to relentlessly drive home over the six weeks the cease-fire is meant to last, if it starts and holds. All the obstacles to peace will still be in place as negotiations turn to a permanent end to hostilities. And Biden admitted that six weeks may not be enough. But for now, any respite is welcome.

Jesse Wegman

Fantasies Aside, Sentencing Trump Poses a Very Tough Choice

Donald Trump is not your average felon. That creates a devil of a dilemma for Juan Merchan, the New York trial judge who by July 11 must decide on an appropriate sentence for Trump after his conviction on 34 counts of falsifying business records. Send him to prison? Fine him, put him on probation, order him to perform 300 hours of community service?

It’s not a straightforward question. Unlike the federal system, New York has no formal sentencing guidelines, but decades of case law help judges weigh several familiar factors — including age, criminal record, and the severity of the offense — in determining the right punishment.

“So much depends on the individual,” Michael J. Obus, who sat on the New York State Supreme Court bench for 28 years, and alongside Merchan for more than a decade, told me. “There’s just no precedent for this particular individual that makes this an easy decision. Everything pulls you in different directions. On the one hand, you’ve got a man who’s 77 years old and is convicted of the lowest-level, Class E felony. On the other hand, he’s been held in contempt 10 times and is not showing any remorse.”

As I followed the trial over the last several weeks, and then absorbed the jury’s verdict on Thursday evening, I found myself torn. Trump is a uniquely malign, and uniquely powerful, figure in American life. He mocks the notion of equal justice even as he squeals endlessly about his own mistreatment. He considers himself above the law even as he threatens to wield it against his enemies if given the chance. He poses an extreme danger to the rule of law and the future of democracy that no workaday carjacker could dream of.

And yet if no one is above the law, no one is below it either. Trump can’t be given an unusually strong sentence simply for being a bad president, or an immoral lout, or for any other reason not directly related to the specific crimes in this case and the usual factors judges consider.

Orange-jump-suited liberal fantasies aside, most people convicted of low-level, nonviolent felonies in New York are not sentenced to prison . At the same time, Obus pointed out, several of Trump’s crimes “took place while the defendant was in the White House. You can’t say that about most defendants.” (Trump may yet talk his way into the lockup if he keeps testing the limits of Merchan’s gag order.)

I don’t know the right answer and can’t predict Merchan’s decision. What I do know is that in a healthy country, a nominee for president would not come anywhere near the line of criminality — certainly not so close that reasonable people can debate whether he should spend time behind bars.

This is the situation we are faced with. That this candidate may yet prevail in November is the biggest predicament of all.

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Jonathan Alter

Contributing Opinion Writer

Six of Trump’s Dumbest Trial Mistakes

In the avalanche of post-conviction coverage, we’ve all heard that if Donald Trump had just copped to a misdemeanor, or admitted to having sex with Stormy Daniels, or been allowed to have his expert witness testify fully, he wouldn’t be a felon.

Maybe so, but that’s beside the point. Trump could still have been Trumpy and possibly won the case if he and his lawyers had not made six critical mistakes:

Trump disrespected the judge. The last thing any defendant should do is tick off the judge. Trump and his team did so repeatedly. His 10 citations for contempt of court, which almost got him thrown in jail, were just the start of it. Trump’s lawyers made a series of frivolous and repetitive motions that did their case — and their own reputations — no good. The only explanation is that their volcanic client must have insisted on it.

Trump dozed for much of the trial. Jurors might have been fine with him falling asleep occasionally. But inside the courtroom we noticed on the monitors (which showed Trump from the front) that his eyes were closed every day and for large portions of the testimony. That’s a bad look for any defendant trying to win favor with the jury.

The defense blew its cross-examination of Stormy Daniels. Susan Necheles, one of the defense lawyers, had a tough assignment: Prove Stormy Daniels was lying about her sexual encounter with Trump when she clearly was not. But Necheles made it worse by seeming to shame Daniels for her career choices, falsely hinting she had records to disprove the account, and by failing to object more when Daniels got prurient, as the judge later pointed out.

The defense dropped its best anti-Michael Cohen argument. The lead defense attorney, Todd Blanche, elicited on cross-examination that Cohen thought William H. Pauley, a former federal judge, was in on some kind of crazy conspiracy with Cohen’s enemies to hurt him. But Blanche was so eager to catalog all of Cohen’s lies that he failed to focus on Cohen’s wildest charge later.

The defense insisted on putting on a case. If the defense had rested without calling witnesses, Trump’s refusal to testify would have made a certain sense, suggesting the prosecution’s case was so weak there was no need to rebut it. Instead, the defense called the thuggish Robert Costello, who was by far the worst, least credible witness in the entire trial and was destroyed on cross-examination. This ended the trial on a down note for the defense.

The defense lied about the “Access Hollywood” tape. “You heard that politicians reacted negatively to the ‘Access Hollywood’ tape,” Blanche said, in one of the biggest lies during his closing. “None of that is true.” Oh, yeah? So why was Trump nearly dumped from the 2016 ticket over it? This jury wasn’t born yesterday, and they had heard lots of testimony about the effect of that explosive tape.

Trump still doesn’t get that a court of law is not the same as the court of public opinion. Politicizing the trial might be good for donations and even polling but it will hurt him on July 11, when he will have to answer for his antics at sentencing.

Zeynep Tufekci

Opinion Columnist

Bird Flu Doesn’t Have to Become History’s Most Avoidable Disaster

The Michigan Department of Health and Human Services reported on Thursday that another farmworker has been infected with H5N1, an avian flu virus. Alarmingly, unlike earlier cases, he has respiratory symptoms. This means the virus is in his lungs, where it has a better chance to evolve into an airborne form that could easily infect others.

Viruses often hit a dead end when they cross from one species to another, getting stuck at their first victim. For example, H5N1 has been around since the 1990s, but most patients have had extensive, direct contact with sick poultry and almost never pass it on to other humans.

The pathogens that have the greatest potential to set off a pandemic often have a deadly combination of airborne transmission and frequent mild cases, allowing them to spread widely and stealthily. That’s a key reason there hasn’t yet been an Ebola pandemic. The disease causes severe illness and kills most victims, and it mainly spreads through close contact with infected bodily fluids. It has fewer chances to spread widely than another disease might.

The United States is certainly giving H5N1 many, many chances to adapt to spreading easily and quietly among humans.

Cows started getting sick with H5N1 last winter, but unlike birds with H5N1, they weren’t dying. It took dogged investigation by Dr. Barb Petersen, a veterinarian in Texas, to determine that they were afflicted with a form of avian influenza. When we spoke, she told me that whenever cows fell sick on farms she monitored, an unusual number of people also became ill.

In April, the Centers for Disease Control and Prevention reported a farmworker in Texas had been infected with H5N1 . This month, state health officials in Michigan found two more human cases (including the one reported on Thursday). Even so, public health officials have largely been slow to establish the sort of widespread testing and data sharing that would give Americans the best chance at stopping an H5N1 pandemic.

This month, Dr. Mandy Cohen, the director of the C.D.C., told The New York Times there were no immediate plans to make testing mandatory. But if we don’t test for H5N1, we won’t find it.

As Rick Bright, an expert on the H5N1 virus who served on President Biden’s coronavirus advisory board, told me : “We are missing additional cases by not testing. We are missing evolutionary patterns of the virus by not sequencing more. We are also losing the trust of people by not being completely timely and transparent with data and information as it becomes available.”

This virus may never evolve to spread dangerously among humans, but if it does, this particular avian flu pandemic will go down as one of the most avoidable slow-motion disasters in history.

David Firestone

Deputy Editor, the Editorial Board

Trump Is ‘Honored’ by a Verdict That Should Shame Him

Donald Trump could have gone any number of directions on Friday morning in his first speech after becoming a felon. A better human being might have expressed some remorse or a modicum of respect for the jury’s verdict, but that’s not who he is. He might have at least acknowledged that the historic conviction was a significant defeat and urged his supporters to help him rise above it in pursuit of some larger goal. But he didn’t even do that.

In fact, what was remarkable about the speech at Trump Tower was how little effect the conviction seems to have had on his permanent vocabulary of grievance. To hear him tell it, it’s just another speed bump erected by what he called the “fascists” in the Democratic Party, no different from his two impeachments, or the devastating Jan. 6 investigation, or the judgments against his business, or the civil finding that he is a sexual abuser. To acknowledge that this moment is spectacularly different would be to give the verdict real power, and he was determined to rob the legal system of any ability to get in his way.

And so, even though he must have known that the audience for this speech would be unusually large, he tossed out the same jumbled shards of anger, lies and hyperbole that he dispenses every day on the trail. The usual journalistic cliché for speeches like this one is “rambling,” but at least on a ramble you actually go someplace, if slowly. Trump, on the other hand, had no apparent destination.

He insulted the district attorney, Alvin Bragg, and said Justice Juan Merchan “looks like an angel but he’s really a devil.” But those attacks were blended with fevered denunciations of President Biden for imaginary policies like banning cars, letting vast mobs of terrorists march unimpeded into the country and ruining the country with a politicized system of justice. “We are living in a fascist state,” he said.

Regarding the trial itself, he bashed Michael Cohen as a “sleazebag,” denied having a sexual affair and dismissed the crime of falsifying business records as some kind of bookkeeping hiccup. The jury didn’t believe any of this for a minute, of course, but Trump will never stop trying to litigate it, and he was even less effective than his inept lawyers.

The only real acknowledgment that something unusual had happened was when he called the conviction “a great, great honor” that he was willing to bear, as if he were Saint Sebastian, pierced by Democratic arrows for the country’s greater good. His wounds, however, are entirely self-inflicted.

Kathleen Kingsbury

Opinion Editor

What the Nation Needs to Hear From Trump (but Won’t)

Donald Trump has announced he plans to speak to the nation from Trump Tower on Friday morning. It made me pause and consider what I — and I suspect many voters, especially swing voters, and maybe even some of Trump’s supporters — want to hear less than 24 hours after the first conviction on felony charges of a former president.

What I want to hear — from a sober, humbled presidential candidate — is this: “Yesterday a jury of my peers rendered a verdict against me and my actions in 2016. I have believed, from the get-go, that this prosecution was politically motivated, and there is evidence that the district attorney always intended to bring it, despite a lack of any good evidence that I committed a crime. I continue to think the case rested on a bogus legal theory, and we will appeal. But until that appeal is ruled on, I will respect this verdict, as much as I disagree with it.”

In other words, I would like the former, and potentially future, president to rise to the seriousness of the occasion.

Of course, Trump will say no such words, and he will express no remorse in a way that might lighten his eventual sentence. He will declare the trial rigged, and he will rail against the judge, the court and the jury, despite the responsible and somber ways in which all parties conducted themselves. He will ask his supporters to join him in his outrage, and he will continue — as he has done time and time again — to undermine the law and democratic norms.

He will not rise to the occasion. And our country will be worse off for it.

‘Is That Your Verdict?’ As Trump Seethes, a Jury Says ‘Yes.’

The verdict might not have been a total surprise, but the timing sure was.

All Thursday afternoon, those of us in the courtroom watching the Donald Trump trial had been expecting a Friday verdict. This was validated when, a little before 4 p.m., Justice Juan Merchan came into the courtroom and told us that the jury would be excused at 4:30 and would resume deliberations on Friday.

Then crickets. For more than half an hour, we heard nothing — certainly not the buzzy bell we expected if the jury had a note to send or a verdict.

The judge had left the bench to tell jurors he was excusing them and hadn’t come back.

I had a nice whispered chat with Andrew Giuliani, a fervent Trump supporter who was sitting behind me. I told him I expected a conviction and asked him if he would blame his fellow New Yorkers who had spent many hours painstakingly examining the evidence. He said yes and took a shot at Matthew Colangelo, the federal prosecutor who came in from the Justice Department to help the D.A.’s office.

“That’s totally unprecedented!” Giuliani said, previewing some of the team’s damage-control spin. I reminded him that this had been done countless times in civil rights cases in the South and complex local prosecutions.

Around 4:30 p.m., Merchan mounted the bench and announced that he had received a note from the jury. I first thought it was another request for more evidence to be read back. This was a conscientious jury that had been deliberating since midday on Wednesday. But the note said that a verdict had been reached and jurors needed another half-hour before announcing it.

You could hear a collective gasp in the courtroom.

At 5:03 p.m., the jury entered. After the foreman, an Irish-born former waiter clad in a blue pullover, stood and confirmed that the jury had reached a verdict, he was asked about each count and said “guilty” 34 times.

The defense was asked if it wanted to waive its right to poll the jurors and, of course, said no. When asked, “Is that your verdict?” each of the other 11 jurors — their poker faces intact — calmly answered, “Yes.”

Trump had become a felon.

Merchan thanked the jurors for their service in a “very stressful and difficult task” and told them they are “free to discuss the case, but you are also free not to. The choice is yours.”

Then came what I have always viewed as the most moving part of the trial, a ritual of democracy performed eight times a day, as the jury moves back and forth for breaks and lunch and exits when court adjourns:

The jurors marched past Donald Trump without looking at him, soldiers for justice.

Trump’s lead attorney, Todd Blanche, moved for a “judgment of acquittal” because there’s “no way this jury could have reached a verdict without accepting the testimony of Michael Cohen.”

Merchan thought he heard Blanche say that even the judge knew Cohen had perjured himself on the stand. Blanche backtracked, and the motion was denied with dispatch.

At the request of Blanche, who has other Trump legal proceedings to deal with in June, Merchan set sentencing for July 11. It struck me that since Trump is guilty of 34 felonies in the first degree, he is unlikely to get off with a slap on the wrist. First he will have to undergo a probation interview, followed by a probation report.

This summer, will we be discussing ankle bracelets in the White House? Quite possibly.

Merchan asked for Trump’s current bail status.

In what may have been my favorite line of the day after “guilty,” the prosecution lawyer Joshua Steinglass said, “No bail, judge.”

In another trial, that might mean the felon had been denied bail. Here it was a simple recognition of the stark reality that a jury had just convicted a former president of the United States, who would not be sent to a holding cell.

As usual, Trump walked up the center aisle, swinging his right arm out in an exaggerated handshake with his son Eric. He looked more hunched than usual, with pain on his face.

In the elevator a photographer who has been shooting him for years said, “I have never seen him looking so tired.”

Trump’s Trial and Lincoln’s Example Make 2024 a Character Test

History hangs heavily over the Manhattan Criminal Courthouse this week. Everyone inside feels its weight. After the jury was sent to deliberate, things loosened up a bit and I chatted with a court police officer from Brooklyn who for weeks has been one of our hall monitors. She spoke of being able to someday tell her grandchildren that she witnessed a historic trial.

There has been other presidential history made in Lower Manhattan, of course. In 1860, little more than three months before Abraham Lincoln became the Republican nominee for president, he came to New York, where he bought a new suit at Brooks Brothers and a stovepipe hat. He also stopped by a home for desperately poor children, just two blocks south of where the courthouse now stands. The children’s faces, a witness reported, “would brighten into sunshine as he spoke cheerful words of promise.” When told he had inspired the children, Lincoln responded, “No, they inspired me.”

Lincoln’s address during that New York trip at the Cooper Union, a mile north of the current courthouse, would help catapult him to the presidency. He wrote the ending in all capital letters:

LET US HAVE FAITH THAT RIGHT MAKES MIGHT, AND IN THAT FAITH LET US, TO THE END, DARE TO DO OUR DUTY AS WE UNDERSTAND IT.

Donald Trump often compares himself to Lincoln, noting that they are both honest and Republicans. But he has inverted Lincoln’s motto of right making might, believing the opposite. He also castigated Lincoln for nearly losing to a bigger hero, the Confederate general Robert E. Lee. And the ultimate un-Lincoln constantly celebrates Jan. 6 insurrectionists who threatened to kill his vice president and flew a Confederate flag under the Capitol dome built by Lincoln.

The liar and cheat we’ve heard the most about in the courtroom for the past six weeks is not Michael Cohen but Trump, whose basic values deviate not only from Lincoln’s but also from those of any man who has ever held the office of president.

I understand why many voters might favor Trump under the mistaken impression that he has their back. But for any leaders or well-educated people in any realm — from Nikki Haley to the billionaire Stephen Schwarzman to your otherwise intelligent uncle — to support Trump now out of narrow self-interest raises deeper questions about their patriotism.

They know better, and as the evidence presented in this trial has shown, they are failing the character test of their generation.

Now we are engaged in our own cold civil war, and American voters must think harder about whether this nation — or any nation — can long endure the consequences of another Trump presidency.

Adam Sternbergh

Opinion Culture Editor

Ángel Hernández Made Baseball Great

The retirement of Ángel Hernández, long reputed to be the worst umpire in baseball, was greeted by many baseball fans with unfettered glee . In an age when the strike zone is constantly displayed on TV and each pitch can be instantly measured for speed, movement and location, the notion of a human consistently misjudging balls and strikes can seem not just outdated but absurd. The outsize antics of certain umpires — presumably intoxicated by their own power — has long been a subject of fan exasperation, inspiring the derisive phrase “ump show.”

I admit I reacted to the Hernández news by watching a series of his most questionable calls, many of which made me laugh out loud. I’m not here to debate whether he was a good umpire; the data clearly indicates he was one of the least accurate.

But Major League Baseball needs fallible humans like Ángel Hernández. The ump show is as much an essential part of baseball as bone-headed errors , egregious showmanship or players angrily tossing a glove into the stands . The alternative scenario — in which baseball is adjudicated, flawlessly and bloodlessly, by machines — would make the sport less meaningful.

The Automated Balls and Strikes system, or A.B.S., is already in use in Triple-A, and the argument for embracing so-called robo-umps boils down to their accuracy. Yet the element of human judgment, as displayed by human umps, is as intrinsic to baseball as is the element of human skill, as displayed by the players. Players drop balls. They lose fly balls in the lights. They overrun bases or run through stop signals. All of this is part of the game. Blown strike calls, idiosyncratic strike zones and even flamboyantly performative umps are, and should be, a part of the game as well.

You might counter: But bad officiating adversely affects the outcome of the game. Yes, but so does bad playing. Also, it’s a game. The argument that technological proficiency should supersede human fallibility in all arenas is pernicious enough elsewhere in society, but it seems especially wrongheaded when it comes to sports, an entertaining but meaningless forum for human excellence and human foibles. There is a reason the most enduring examination of baseball’s allure ends with a mythically talented player striking out .

Infallible robot brain surgeon? Honestly, I can see the argument. Infallible robot umpires? No, thanks — I’ll take the ump show .

Paul Krugman

Inflation and the Problem of McMisinformation

The United States, like many other countries, experienced a burst of inflation in 2021-22, which has since largely subsided. But prices haven’t gone down, so almost everything costs more than it did a few years ago.

Wages, however, have risen even more, so most Americans’ purchasing power is higher than before the pandemic. But anyone who points this out gets a huge amount of pushback from people saying “Get out of your office into the real world! The price of food (it’s usually food, although it’s sometimes other stuff) has doubled!”

As it turns out, such claims about the “real world” are almost always false. A few months ago I looked at some independent estimates of grocery prices and found that they closely match the official data. No, inflation isn’t much higher than the deep state wants you to know.

Well, I now have an unexpected ally in this argument. Management at McDonald’s is apparently irked by constant claims that its prices have doubled since before the pandemic. So the company has issued a special news release about what has really happened to its prices, which are up, but not by nearly as much as the inflation truthers claim:

The price of a Big Mac, in particular, is up 21 percent since 2019, not the 100 percent some are claiming. Over the same period average wages of nonsupervisory employees — that is, most workers — rose 28 percent:

So no, McDonald’s hasn’t become unaffordable, whatever your vibes may say.

The Best Move for the Trump Jury: A Split Decision

With the jury still deliberating, it’s time for those of us who have heard every minute of this trial to place our bets. My prediction is this: Donald Trump will be convicted on nine of 34 counts of falsifying business records. He’ll go down for the nine fraudulent checks he signed in the White House in 2017 — each a piece of a broader effort to falsify business records and, ultimately, to interfere unlawfully in the 2016 election.

I could easily be wrong, of course, but here’s my reasoning. To resolve differences with a split-the-baby approach, the jury might decide that Trump’s fingerprints are literally on those checks, while the 11 false invoices, 12 false ledger entries and two false checks signed by Donald Jr. and Eric are not as closely connected to Trump, though he was the one who caused the falsification of all of them.

Jurors are showing commendable signs of diligence. It would have hurt the credibility of their verdict had they returned with one too soon on Wednesday, the day they began deliberating. On Thursday morning they reheard portions of the judge’s instructions and many pages of important trial testimony. No one has any idea if they will ask to hear more.

I think Trump deserves to be convicted on all 34 counts. But reasonable jurors could legitimately conclude that they are more comfortable with nine.

And if they reach that outcome, it could have a political effect. A conviction on fewer counts would be the best possible outcome for the country, demonstrating that the jury was unbiased and carefully considered each count, dismissing most of them.

If convicted, Trump is unlikely to win on appeal. Justice Juan Merchan has dotted his i’s and crossed his t’s, making an immediate reversal a long shot. Federal courts, including the Supreme Court, probably won’t want to get involved, and if they did, it wouldn’t be until months or years after the election.

So Trump will spend the rest of his life attacking the verdict, the judge, the prosecutors and the fair-minded residents of his hometown who determined his fate.

But at least it will be a little harder for him to spew his venom if the jury thoughtfully studies the evidence and clears him on 25 counts. His base won’t care, but I have faith that at least some swing voters who respect our jury system will conclude that this man is a criminal who should not be returned to power. Will that be enough at the margins to tip the election? No one knows for sure.

But we do know that this would probably be the only conviction of Trump before November. A careful jury verdict could help build a constituency to keep a felon out of the White House.

Time to Examine Why New York Fared Poorly Early in the Pandemic

In the coming days, House Republicans in Washington will hammer Andrew Cuomo, New York’s former governor, over his botched pandemic response, after issuing him a subpoena to appear.

That may be a political stunt, but it’s more than the Democrats who run New York State’s government have done to examine the deaths of approximately 23,000 New York City residents from Covid-19 in the first three months of the pandemic. According to an analysis by the Empire Center, a nonpartisan think tank, New York City had a higher population-adjusted Covid death rate than any state in 2020, and a rate that was 132 percent higher than the national death rate from the coronavirus.

But New York State has yet to conduct a thorough review of the actions by state, city and local officials that may have contributed to the deaths. An important bill under consideration in Albany would finally change this by creating a commission to study New York’s pandemic response. The legislation is sponsored by State Senator Julia Salazar of Brooklyn and Assemblywoman Jessica González-Rojas of Queens, whose districts were hard hit by the virus.

The commission they propose would have the authority to hold public hearings, review confidential state records and correspondence related to the pandemic, and, importantly, issue subpoenas. A review ordered by Gov. Kathy Hochul in 2022 is being conducted by a private firm, is delayed and has no such powers.

In the years since 2020, the disastrous handling of the pandemic by former President Donald Trump has been the dominant story on the issue. But New York’s early response to the virus is also worthy of scrutiny. Most widely known is a directive issued by the Cuomo administration in March 2020 ordering nursing homes to accept residents who had tested positive for the virus, leading the virus to spread even more rapidly among a vulnerable population. In 2022, a report from State Comptroller Thomas DiNapoli found that Cuomo’s administration had underreported deaths in nursing homes related to Covid-19 by more than 4,000 people. Cuomo also directed state health officials that March to give his family members special access to Covid-19 tests.

New York officials made other critical missteps. The Metropolitan Transportation Authority, which is run by the state, barred workers until early March from wearing face coverings. Former Mayor Bill de Blasio waited too long to close the city’s school system, as cities such as San Francisco had lower case counts but shuttered their schools earlier. On March 5, de Blasio discouraged the use of masks among the general public, language that was similar to guidance then from the Centers for Disease Control and Prevention and downplayed the threat posed by the virus.

New Yorkers deserve as full an accounting as possible of how and why these decisions were made.

Michelle Cottle

Opinion Writer

Team Biden’s Urgent Pitch to Black Voters in Philadelphia

At the rollout of the Black Voters for Biden-Harris effort in Philadelphia on Wednesday, Team Biden’s basic message — what it desperately needed to convey — was summed up by Vice President Kamala Harris near the end of her brief remarks: “Who sits in the White House matters. It matters!”

This may seem obvious. But as Democratic strategists and officials will tell you, a lack of urgency about, or even interest in, the outcome of this year’s presidential election — especially among younger Black voters — is one of the scariest threats the party is facing.

At this rare joint appearance, in a city where they desperately need to do well in November, both Harris and President Biden spotlighted numerous “promises made, promises kept” that they figured would be of particular interest to Black Americans.

Harris ticked through specifics, such as capping the price of insulin, forgiving billions in student loan debt, making it so medical debt doesn’t affect a person’s credit score and strengthening background checks for gun purchases.

Biden ran through even more wins — pardoning people incarcerated on charges of marijuana possession, investing in historically Black colleges, appointing the first Black woman to the Supreme Court — along with some promises about what he would do with a second term.

And both leaders brought up some of the darker moments of the Trump years, from Donald Trump’s efforts to kill Obamacare to his musings about injecting bleach as a way to cure Covid-19.

The president was not playing around. He asserted that, after Trump lost in 2020, “something snapped” in the guy, who is now “clearly unhinged.” Noting the former president’s vow to pardon the Jan. 6 rioters, Biden asked: “What do you think would have happened if Black Americans had stormed the Capitol?”

Wrapping things up, the president urged the crowd to go forth and spread the word about the urgency of this race. “Talk to your families,” he pleaded.

Biden and his team are well aware of how hard it is to break through to people who have decided to tune out an election. All of us had best hope they find a way.

Is Trump Starting to Worry About a Conviction?

Donald Trump dozed on Wednesday through a good chunk of the judge’s all-important instructions to the jury, rousing himself once to ask one of his attorneys for a bottle of Poland Spring. (His favorite drink, Diet Coke, is not allowed in the courtroom.) After Justice Juan Merchan sent the jury to deliberate, Trump chatted with Don Jr. and Alina Habba, an incompetent lawyer from an earlier trial. Then he did a quick, lip-pursed intake of breath that indicated some anxiety.

In the hallway outside, he told reporters that “Mother Teresa could not beat the charges” because of the way the judge, whom he called “corrupt,” instructed the jury. He seemed to be hinting that he believes a conviction is likely.

In fact, Merchan’s hourlong charge to the jury was standard issue in New York State and incorporated unsurprising rulings that went back to pretrial motions in March. One difference is that he read the more complicated parts twice.

The judge sided with the defense by telling the jury that if it focuses on tax offenses, it must find that Trump “willfully” intended to commit unlawful acts. But if it finds that campaign finance violations are the underlying crime, he twice mentioned that corporate contributions are banned altogether and the maximum allowable individual donation is $2,700 — a lot less than the $130,000 in hush-money that Michael Cohen paid to Stormy Daniels with Trump’s approval.

Merchan essentially instructed the jury that it can think Cohen lied about many things but find him credible on other things. And he told the jurors, “You need not be unanimous on whether the defendant committed crimes personally, by acting in concert with another, or both.” Unanimity is required only for overall conviction on each of the 34 counts.

The state law on falsifying business records requires intent to commit other crimes, so the judge spent lots of time defining that term.

In the afternoon, after nearly five hours of deliberation, the jury sent notes to the judge asking to rehear at least some of the judge’s complex instructions, which is likely to happen on Thursday. Jurors would also like another look at testimony from five weeks ago by David Pecker, the former publisher of The National Enquirer, about one particular 2016 phone call with Trump (highlighted Tuesday by a prosecution lawyer, Joshua Steinglass, in his closing argument). And jurors want to hear again why Pecker backed out of the Karen McDougal deal and how Pecker and Cohen depicted the Trump Tower meeting in August of 2015 that prosecutors argue was the birth of the conspiracy.

Trump’s defense team also focused on that meeting, insisting that it was commonplace for candidates to “work with the media” to squelch sex stories, as Pecker said he did with Arnold Schwarzenegger and Rahm Emanuel. (It is not commonplace.)

Because the jurors are now practiced at poker faces, we aren’t learning which way they are moving, only that they are diligently examining the evidence.

Nikki Haley’s Valentine to Civilian Death

It was a sweet little heart, the kind you might draw on a Valentine’s Day card. “America 💜 Israel Always,” the author wrote, above her handwritten signature: “Nikki Haley.” How lovely.

Except it wasn’t written on a greeting card. Haley drew the heart in purple ink on a 155-millimeter artillery shell, the kind that the Israeli Army has routinely loaded into howitzers and fired on Gaza in the hopes of eradicating Hamas but resulting in the mass deaths of civilians. Tens of thousands of these shells have rained down on Gaza since the Oct. 7 massacre, and when they explode they send countless metal fragments in every direction, with a casualty range of between 100 and 300 meters . A coalition of human rights groups say that this particular artillery weapon is so indiscriminate that its use in heavily populated areas like Gaza violates international humanitarian law.

But that wasn’t all that Haley wrote. Above the little heart was a message of savage revenge: “Finish them!”

“Finish Them, America ♥️ Israel Always!” Message from @NikkiHaley , written on an Israeli missile intended for Hamas. pic.twitter.com/DgPQYNvkWM — Team Nikki Haley (@NikkiHaleyHQ) May 28, 2024

Haley, the former governor of South Carolina, made it clear on social media that both the inscription and the shells were intended for Hamas. But her scrawled fondness for bloodshed — with little apparent concern for whose blood will actually be shed — sends a more important message to American voters.

A huge number of progressive voters are furious at President Biden for not doing more to stop Israel’s assault on Gaza. And it’s true that many of those artillery shells were supplied by the United States. But if those voters think that the situation in Gaza will change if they sit out the election and allow Donald Trump and other Republicans to be elected, they don’t really understand what’s coming. Because it would be a lot worse.

Haley lost her bid to become the Republican nominee for president because she was seen as too moderate for a party that still prefers Trump’s recklessness. When it comes to issues like Israel, most of the party is further to the right than the author of “Finish them!”

Biden should have done much more to use American leverage on Israel to reduce the civilian toll in Gaza. But Republicans pound him every day for withholding an arms shipment to Israel to prevent it from being used to attack Rafah, in the Gaza Strip. He has never signed his name on a lethal explosive device and expressed a hope that it would kill. There’s a big difference.

Neel V. Patel

Opinion Staff Editor

The Stalled Pandemic Accords Offer an Opportunity for Vaccine Equity

For more than two years, the member states of the World Health Organization have been meeting to iron out an agreement on how to prevent and respond to future pandemics. The text of the accord was supposed to be finalized last Friday, for nations to formally approve it this week during the World Health Assembly in Geneva.

That deadline came and went, and negotiations on the accord have stalled because of disagreements about global vaccine availability. Countries cannot agree on whether to prioritize making new treatments more available to poor countries or certain intellectual property rights of vaccine manufacturers in wealthy countries instead. There’s a stark division between the haves and the have-nots of the global stage.

On the surface, the breakdown in talks is a familiar story of international diplomacy. But it also presents an opportunity. Wealthier nations could use this moment to reverse course on the agreement’s more rushed, toothless measures and turn it into something consequential and lifesaving.

Not even three years ago, richer countries like the United States bought enough Covid-19 vaccine stock for twice its population ; Canada, for five times its population. Poorer countries came last , relying on donated vaccines and Covax, the global vaccine-sharing scheme. Vaccine hoarding among wealthy nations probably led to more than a million deaths in 2021 alone . Many countries on the African continent suffered an especially slow rollout, causing their economic recoveries to lag those of the rest of the world .

Besides the moral argument that developed countries should do more to help developing ones, there’s a practical argument to make: Pandemics don’t care about national borders. If an infectious disease is allowed to thrive in one region, travel and migration ensure that it will inevitably threaten surrounding regions as well, putting the globe at further risk.

If our leaders want to avoid a fate similar to 2020, they need to guarantee that essential vaccines and treatments are available wherever they are needed.

Prosecutors Leave the Jury With a Mountain of Evidence Against Trump

Humor helps, especially if you are delivering a five-hour speech.

Joshua Steinglass of the prosecution team knew he was taking a risk by “trading brevity for thoroughness” in his closing argument in the Donald Trump felony trial in Manhattan; besides being exhausted after an 11-hour day, jurors might conclude “the people” (the formal name for the prosecution) were not sure enough about their case to avoid piling on.

So Steinglass copped to “beating a dead horse” and helped neutralize the defense’s best point with a little playacting.

In the morning Trump’s lead attorney, Todd Blanche, again called Michael Cohen a liar for claiming he phoned Trump on Oct. 24, 2016, to talk to him about hush money for Stormy Daniels when text chains showed he wanted to ask Keith Schiller, Trump’s bodyguard, about a 14-year-old prank caller who was harassing him.

To explain that Cohen could have talked about both , Steinglass assumed Cohen’s voice and cradled an imaginary phone:

“Hey, Keith, how’s it going?” he asked, imitating Cohen. “Hey, is the boss near you? Can you pass him the phone for a minute?”

Then Steinglass turned self-effacing — “Sorry if I didn’t do a good job” — before proving that was only one of about 20 times in October alone that Cohen updated Trump about his progress in hushing Daniels, thereby helping to save Trump’s sagging campaign.

Steinglass went to great lengths to show that his case did not rely entirely on Cohen. Steinglass returned again and again to the first-week testimony of David Pecker, a former publisher of The National Enquirer, who implicated Trump directly in a conspiracy to interfere in the 2016 election. And Steinglass assembled, disassembled and all but cleaned what he called “the smoking gun” — the handwritten notes detailing Trump’s scheme to disguise his reimbursement of Cohen as legal expenses.

The long faces in the Trump guest section reflected the sense in the courtroom that Trump’s story that the $420,000 he paid to Cohen was really a legal retainer will not fly. Steinglass showed that Trump himself admitted in court documents and other records that it was a reimbursement.

Steinglass also proved that “Michael Cohen is no rogue actor” and that in 2018 Trump, Rudy Giuliani and the lawyer Robert Costello treated Cohen like a mob rat as part of the cover-up. This was La Casa Blanca meets La Cosa Nostra.

The defense has a better shot at creating doubt that Trump intended to commit a crime, but even here, Steinglass had a heap of evidence to shovel in the jury’s direction.

The judge allowed most of it until the prosecutor overreached by urging jurors not to let Trump get away with shooting someone on Fifth Avenue, evoking his famous line about what he could get away with.

Just after the objection to that was sustained by the judge, Steinglass finally stood down, and we all dragged off to bed. The case finally goes to the jury on Wednesday.

Farah Stockman

Netanyahu Is Sorry/Not Sorry for the Killings in Rafah

I often tell my 8-year-old daughter that saying “sorry” doesn’t cut it if she continues the behavior that she’s apologizing for. It’s a basic lesson that kids learn. World leaders need to learn it, too, apparently.

After facing international blowback for the Israeli military strike that burned dozens of people alive in their tents in a refugee camp in Rafah on Sunday, the Israeli prime minister, Benjamin Netanyahu, called the civilian deaths a “tragic mishap.” He also said that his government was making “utmost efforts not to harm innocent civilians” and that mistakes would be investigated.

It reminded me of the awfully similar statement he gave in April, after the Israeli military attacked a convoy of World Central Kitchen staff members who had just unloaded food aid at a warehouse in Gaza. Those deadly airstrikes took place even though the World Central Kitchen workers drove in a clearly marked convoy and had meticulously coordinated their movements with the Israeli military. After an international outcry, Netanyahu issued a statement calling the deaths “a tragic accident” that “happens in war.”

“We are conducting a thorough inquiry and are in contact with the governments,” the statement read. “We will do everything to prevent a recurrence.”

But by that time, the sheer number of attacks on aid workers and on Gaza civilians seeking aid raised real questions about whether we have been witnessing intentional killings or “reckless incompetence,” as Christopher Lockyear, an official with Doctors Without Borders, noted .

On the side of reckless incompetence, there was that time in December when Israeli soldiers fired on three unarmed men waving white flags — only to discover that they were Israeli hostages who had managed to break free of their captors. At that time, Netanyahu’s office released a statement that called the killings “an unbearable tragedy.” The statement pledged to “learn the lessons” to ensure that it wouldn’t happen again.

How many apologies will be issued and investigations pledged before this God-forsaken war ends? Netanyahu’s list of international apologies keeps growing. But the attacks on Rafah — and the unspeakable suffering of Palestinian civilians — continue .

Frank Bruni

Pope Francis’ Remarkable Act of Contrition

I’m not accustomed to apologies from popes. Aren’t they infallible?

Yes, I know, that term doesn’t have practical, colloquial application — it doesn’t mean that they never bungle math problems or lose track of where they hung their robes. But the general notion or mythology of infallibility reflects a kind of papal authority and aloofness that discourages any real-time revisiting of false steps, any open regret for errant syllables.

“I’m sorry” belongs to the political realm (or at least did until Donald Trump came along). Popes inhabit a higher plane.

So a Vatican statement on Tuesday that Pope Francis “extends his apologies” to anyone offended by something he recently said is a big and surprising deal. It’s all the bigger and more surprising because Francis was apologizing for insulting gay people, and for most of my 59 years, Roman Catholic leaders were more concerned with condemning or converting or chiding or hiding us than with making sure our feelings weren’t hurt.

In a closed-door meeting with Italian bishops last week, Francis reportedly responded to a question about whether openly gay men should be admitted to seminaries by saying that those training grounds for future priests were already too crowded with “frociaggine,” a crude Italian slur.

I’m disappointed that he used it, contradicting past statements of his that urged respect for gay people and his decision last year to allow priests to bless same-sex couples . I don’t know whether he was disclosing his own lingering bigotry or trying to curry favor with the conservatives around him.

But I know this: Another pope in a prior era wouldn’t have been so quick to do damage control. Another pope in a prior era mightn’t have felt that any damage was done.

And even Francis could have decided simply to ignore the media attention to his offensive language until it died down. Popes are expected to worry not about the news cycle but about eternity. What’s more, he would have pleased some of his sternest critics by moving on. They complain that he has done too much outreach to L.G.B.T.Q. people and been too indulgent of them.

His apology speaks to the kind of pope that he, at his best, has been: one who means to heal wounds. But it says even more about an altered church in a changed world, where gay people still endure taunts aplenty but also encounter unexpected moments of grace.

The Trump Team’s Inept Closing Argument Blew Up

If Donald Trump becomes a felon in the coming days, he and his defense team can partly blame themselves. Throughout the trial they offered implausible arguments against the prosecution’s case, and on Tuesday Trump’s lead attorney, Todd Blanche, slipped an I.E.D. into the end of his closing argument that blew up in his face.

“You cannot send someone to prison based on the words of Michael Cohen,” Blanche said, in a bid to make jurors think it was their role to decide if a president should be incarcerated.

“Saying that was outrageous,” Justice Juan Merchan told Blanche after the jury left for lunch. Mentioning sentencing to gain sympathy with jurors who have no say in punishment “is simply not allowed,” he said, and that it was “hard for me to imagine how that was not intentional.”

The defense got more than a tongue-lashing. After lunch, Merchan turned to the jurors and told them why they had to ignore this sneaky move — not a good final look for the defense.

In his three-hour closing argument, Blanche gave jurors a few places to explore reasonable doubt but mostly swung wildly and set up the prosecution for better arguments in the afternoon.

My favorite dumb moment: “Guess who else you did not hear from in this trial?” Blanche asked. “Don and Eric. Is there some allegation that they are part of a conspiracy?” No, counselor, but the jury will likely wonder why the defense called Robert Costello, who was destroyed on cross-examination, instead of Trump’s own sons.

Blanche huffed and puffed to discredit the two possible “smoking guns” offered by the prosecution. The first consists of the scrawled notes of Allen Weisselberg, former financial head of the Trump Organization, breaking down the $420,000 that Trump paid Cohen in 2017. Weisselberg wrote “gross it up” in reference to doubling the $130,000 in hush money for tax purposes. That “is a lie,” Blanche said, using a word he would employ more than 30 times in his closing argument, to diminishing effect.

But it wasn’t a lie. The former controller of the Trump Organization had confirmed on the stand that the numbers and “gross it up” were in Weisselberg’s own hand.

The other smoking gun involves a call Cohen taped, during which Trump said “150” in reference to the hush money for Karen McDougal. While trying and — to my mind — failing to establish that Cohen’s phone was tampered with, Blanche played the tape and challenged the idea that Trump even said “150” and that Trump saying “cash” on the tape had anything to do with hush money. Jurors will presumably listen to the tape and decide for themselves. Believe me, you can hear “150.”

Blanche ended his closing argument by telling jurors that if they focus on the evidence, “this is a very easy and quick not-guilty.” Insulting the jury’s intelligence? Not smart.

Michelle Goldberg

The Trump Team’s Big Lie About the ‘Access Hollywood’ Tape

In his closing argument on Tuesday, Donald Trump’s lead defense attorney, Todd Blanche, repeatedly tried to sell a revisionist history of the infamous “Access Hollywood” tape, in which Trump was recorded boasting of his penchant for sexual assault. In the felony case against Trump, the “Access Hollywood” tape is important because, in the story the prosecution is telling, it’s the reason Trump was desperate to quash Stormy Daniels’s story.

“The government wants you to believe that the release of that tape from 2005 was so catastrophic to that campaign that it provided a motive for President Trump to do something criminal,” he said.

Attempting to undercut that narrative, Blanche insisted that it really wasn’t that big of a deal. It caused, he said, a “couple days of frustration and consternation, but that happens all the time during campaigns.” He added: “The ‘Access Hollywood’ tape is being set up in this trial to be something that it is not.”

This is insultingly and obviously untrue. As the longtime Trump aide Hope Hicks testified about that moment in the 2016 campaign, “I think there was consensus among us all that the tape was damaging, and this was a crisis.”

We now know that a critical mass of voters doesn’t care about Trump’s misogyny and predation, but we didn’t know that then. One job of the prosecution, which begins closing arguments Tuesday afternoon, will be to take the jury back to a more innocent time before Trump’s election, when people still imagined there were Republicans with a capacity for shame.

There’s Nothing Simple or Obvious About Trump’s Trial Defense

During closing arguments in Donald Trump’s felony trial on Tuesday morning, his lawyer Todd Blanche said, “There’s a reason why, in life, usually the simplest answer is the right one.”

I found this an odd approach, because to believe his theory of the case requires accepting several improbable things. First, although it’s not legally germane, Blanche reiterated, perhaps at the insistence of his client, that Trump “has unequivocally and repeatedly denied” any encounter with Stormy Daniels. And rather than simply arguing that Trump didn’t know about the scheme to reimburse Michael Cohen for the payoff to Daniels, he appears to be arguing that no such scheme existed.

Cohen, said Blanche, had a verbal retainer agreement in 2017 to serve as Trump’s personal attorney, and that’s why he was paid $420,000. If that’s the case, it’s hard to imagine why Cohen pleaded guilty and served prison time in connection with the hush-money payment.

Blanche’s argument has been internally inconsistent. First, he insisted that Trump, being busy as president, didn’t always look at the checks he signed. Then, trying to discredit the idea that Trump would reimburse Cohen $420,000 for a $130,000 payment — which Cohen has claimed was grossed up to include taxes and a bonus — Blanche pointed to “all the evidence you heard about how closely President Trump watches his finances.”

During a long digression about the National Enquirer’s practice of “catching and killing” stories, he insisted that there had never been a “catch and kill” plot involving the Playboy model Karen McDougal, implying, I think, that her deal with the publication was on the level. “She wanted to be on the cover of magazines, she wanted to write articles,” Blanche, said and that’s what she did.

Obviously, I have no idea what the jury is thinking. But given the implausibility of the narrative that Trump’s defense is spinning, it just seems weird that Blanche is invoking Occam’s razor.

Patrick Healy

Deputy Opinion Editor

How Quickly Would a Trump Verdict Sink In for Voters?

Each week on The Point, we kick things off with a tipsheet on the latest in the presidential campaign. Here’s what we’re looking at this week:

The most consequential week of Donald Trump’s criminal trial in Manhattan has arrived: The jury could begin deliberating in the next two days. We’ll also get insight shortly about Justice Juan Merchan’s instructions to jurors — basically, a clearer picture of what options they have for a verdict. As for the political impact of any decision by the jury, I think that will take weeks to become clear as Americans learn and absorb the news — as suburban women outside Philadelphia, for instance, weigh the verdict and their feelings about Trump against their views on the economy or abortion rights.

It takes time for voters to process big news, and opinions can shift with time. Part of why James Comey’s Oct. 28, 2016, letter about Hillary Clinton’s classified email was so politically damaging to her was that it came as many people were casting early votes and others were making up their minds ahead of the Nov. 8 election. The Trump verdict will be historic, but the election is five months away. How voters feel about the verdict could surely change in that time.

We’ll also start getting a clearer picture this week about whether Robert F. Kennedy Jr. will qualify to join the June 27 debate between President Biden and Trump. There’s a good explainer here boiling down how Kennedy needs to make the November ballot in a bunch more states first to make the cut for the debate. Given the various rules, I don’t think there’s much time for him to make the June debate; he may have a better shot at the September debate. Either way, I can’t see the Biden and Trump campaigns eager to have him onstage — they don’t want anything distracting voters from seeing the flaws and fumbles in the other guy, and R.F.K. Jr. will be one big distraction.

I’m preoccupied with the Biden-Trump fight for Pennsylvania and whether Biden can borrow from the winning political playbook of Gov. Josh Shapiro, who won a 15-point landslide in 2022. Biden is trailing Trump by a couple of points in the state polling average. As in other swing states, Biden needs to do far better than he’s currently polling with young voters and nonwhite voters, and with voters in Philadelphia and its suburbs. So keep an eye on Biden’s campaign trip to Philadelphia on Wednesday and his pitch for why Americans should want another four years of his presidency.

Trips like Biden’s Philadelphia event are planned weeks in advance, but as it happens, this one will probably happen just as the Trump jury is deliberating on Trump’s fate (or returning with a verdict). The split screen of Biden heralding Ben Franklin and Trump attacking jurors is a news cycle the Biden campaign badly wants.

Bret Stephens

What’s Spanish for ‘Chutzpah’?

This week’s announcements by the governments of Ireland, Norway and Spain that they will recognize a Palestinian state are drawing predictable reactions from predictable quarters. Some see them as useful rebukes to Prime Minister Benjamin Netanyahu’s war strategy in Gaza that will further isolate Israel. Others, including me, view them as feckless gestures that reward Hamas’s terrorism.

That’s a column for another day. For now, it’s enough to note the Spanish government’s sheer nerve.

Though Spanish public opinion overwhelmingly supports swift recognition of Palestinian statehood, it’s another story when it comes to Spain’s own independence movements. In 2017 the regional government of Catalonia held a referendum, declared illegal by Spain’s Constitutional Court , on the question of Catalan independence. Though turnout was low — in part because Spanish police forcibly blocked voting — the Catalan government said nearly 90 percent of voters favored independence.

The central government in Madrid responded by dismissing the Catalan government, imposing direct rule. Two years later, under the current left-wing government of Pedro Sánchez, Spain sentenced nine Catalan independence leaders to prison on charges of sedition, though they were later pardoned. This year the lower house of the Spanish Parliament voted to grant amnesty to those involved in the 2017 campaign as part of a deal to prop up Sánchez’s government, despite a Senate veto. Seventy percent of the Spanish public opposes the amnesty .

Catalans aren’t the only ethnic minority in Spain that has sought independence, only to encounter violent suppression. In the 1980s the Spanish Interior Ministry under a socialist government responded to the long-running Basque separatist movement with state-sponsored death squads, notoriously responsible for a string of kidnappings, tortures and assassinations. The Spanish government called the separatists terrorists — as indeed some were — though their tactics look tame compared with Hamas’s. By the time the conflict ended in 2011, it had claimed more than 1,000 lives.

Spain possesses two cities on the African continent, Ceuta and Melilla, both of which are claimed by Morocco and have been stormed by African migrants seeking entry into the European Union. They are protected by extensive border fences and fortifications strikingly reminiscent of Israel’s breached border fence with Gaza.

There are many other independence movements throughout Europe, from Scotland to Flanders to Corsica and the Balkans. Many of these movements tend to have affinities with Palestinians, for reasons that are obvious. More difficult to explain are governments that suppress independence seekers at home while applauding those abroad. Some might call it deflection. To others, it looks like hypocrisy.