41/ HEADS UP: I have to leave very soon, but I'll catch you up when we get back. They break early today.

Bower:

Trump used soc media, mainly Twitter, in 2017. He posted tweets himself using that handle.

Did anyone else have access to that account? Scavino. But other than that, Westerhout doesn't have knowledge of anyone else having access.

McB:

With the exception of the nervous laugh earlier, Westerhout is composed, clear, answering graciously and thoroughly, but never with excess detail.

42/ Okay, be back soon.

43/ I'm back. It was a long showing, apparently a pretty good one, so who knows.🤞🏼

Catching up, via Phang:

MANGOLD: Signature practices, did he use an automated signature or sign by himself? WESTERHOUT: he signed by himself
MANGOLD: particular type of pen? WESTERHOUT: sharpies or pentel felt tip
MANGOLD: Did he typically read things before signing them? WESTERHOUT: “Um, y-yes”

44/ Phang:

MANGOLD: Did mr. trump use social media while he was in the white house? WESTERHOUT: He did yes. Primarily Twitter, now called X
MANGOLD: Did mr. trump post tweets himself using that twitter handle? WESTERHOUT: He did yes.
MANGOLD: Did he post things himself? WESTERHOUT: Yes

45/ Phang:

MANGOLD: Did anyone else have access to ealdonaldtrump in 2017? WESTERHOUT: My understanding is that Dan Scavino had access. MANGOLD: Did you ever see Mr. Scavino post a tweet without mr. trump’s approval? WESTERHOUT: I didn’t see the president or dan post every single tweet.

46/ Phang:

WESTERHOUT: If Dan [Scavino] wasn't available or around, the president would call me in and dictate a tweet to me, and then I would go back to my computer and type it up and print it out, and give it back to him so he could go over it.
“[Trump] liked to use exclamation points”
MANGOLD: Did he have particular preferences to his posts? WESTERHOUT: Certain words he liked to capitalize including "Country", he liked to use dots for a comma

47/ Phang:

Q: How frequently were you in touch with Trump Org A: Rhona and I spoke at least weekly sometimes daily at beginning of 2017. But that drifted off as I got into role. I was an intermediary when Trump had questions for Trump Org employees and vice versa. Rhona and i coordinated on his travel schedule, golf schedule, personal mail, the first family’s schedule, his calendar, his contacts.

48/ Phang:

Westerhout confirms Trump's contacts list, including Allen Weisselberg, David Pecker, and Michael Cohen, and...Jeanine Pirro.👈🏼

Westerhout testifies about a 2/5/17 email to Michael Cohen confirming a meeting between Cohen and Trump and asking for the kind of details necessary for admitting a guest to the White House. Westerhout does not specifically recall seeing Cohen when he came, but she agrees the meeting happened.

49/ Phang:

PEOPLE’S EXHIBIT 319 TEXT MESSAGE BETWEEN HOPE HICKS AND WESTERHOUT WESTERHOUT TEXT TO HICKS: “Hey the president wants to know if you called David pecker again?”

50/ Phang:

MANGOLD: What is your understanding of how Mr. trump’s personal expenses were handled in 2017? WESTERHOUT: it is my understanding they were handled by checks that were sent from the trump organization to Keith Schiller, and then sent to me for the president to sign.

51/ Phang:

MANGOLD: what did you do when you recived the checks? WESTERHOUT: The checks came in a fed ex envelope, so i opened the envelope and inside is a manilla folder with a stack of checks, and i brought the folder in for him to sign.
MANGOLD: Anything other than checks? WESTERHOUT: I didn’t really dig around in the folder, but there were invoices attached to the check sometimes

52/ Phang:

MANGOLD: Did you ever see trump sign check WESTERHOUT: Yes sometimes
MANGOLD: Did mr. Trump sign checks by hand? WESTERHOUT: Yes
MANGOLD: What happened after mr. trump signed the checks WESTERHOUT: He would give it back to me and i would put it in a prelabeled return envelope and send it back to trump org.

👉🏼Westerhout talks about how Trump would approve things as minor as a golf membership while he was in the Oval Office.

53/ All caught up.

Phang:

MANGOLD: trump’s reaction to stormy daniels story? WESTERHOUT: “I remember he was very upset by it.”
MANGOLD: Do you recall if mr. trump spoke to michael cohen around the time the story came out WESTERHOUT: I believe they spoke around that time yes
MANGOLD: Did you interact with mrs trump WESTERHOUT: I did, yes. WESTERHOUT: “He was my boss but she was definitely the one in charge”

54/ A LOT more detail from McB:

How would you describe Trump and Melania's relationship?

It was one of mutual respect, he cared about her opinion, 👉🏼and there was no one else who could put him in his place. 👉🏼He was my boss, but she was in charge. Their relationship was really special, they laughed a lot.

55/ Sorry, now catching up to McB. A lot.

Q: Did Trump's relationship with Melania change when the Stormy Daniels story came out?

A: Not to my knowledge, no.

Westerhout begins to break down and cry as she recounts the circumstances of her departure from the White House.

She learned a lot from her "indiscretions," she says.

56/ McB:

She had said some things she wasn't supposed to during what she believed to be an off-the-record dinner with a reporter, she says.

She wipes her tears. She seems genuinely regretful about the whole episode.

She wrote a book about it, she says, her voice shakey and faultering, and we see the cover now displayed:
Off the Record: My Dream Job at the White House, How I Lost It, and What I Learned

57/ McB:

She thought it was important to share with the American people that the man that I got to know. I don't think he was treated fairly, and I wanted to tell that story she says, through more tears.

Since publication, Westerhout says she spoke to Trump at a fundraiser in Orange County, but says that she did not discuss this case.

No further questions from Mangold.

58/ McB:

Before she walks up to the lectern, Necheles asks whether Westerhout would like a break.

No, Merchan says, but we're going to stop at 4 o'clock.

Q: You were very young, and you made a mistake?
A: Yes.
Q: You thought he was great to work for, and a great president?
A: Yes, she says, more tears.

🤦🏻‍♀️

59/ McB:

Back to the 2016 nomination, the transition, and the Access Hollywood tape.
Q: You testifed that it rattled the RNC leadership, and there were a couple days of consternation, but that happened all the time?
A: Yes.
Q: When Trump was running, there was always some event when—Necheles claps her hands and wipes them clean—there was total consternation.

She is familiar, friendly with Westerhout. Much friendlier than she was with Daniels, (of course).

60/ McB:

Necheles reminds Westerhout of Trump's apology for "locker talk," and that he said he would see everyone at debates and Westerhout laughs, as if she remembers it fondly.👈🏼

The Access Hollywood tape "blew over in a couple days," and after that Trump won the election right?
A: Yes.

61/ McB:

The clock is ticking, we have 9 minutes left according to Merchan, and Merchan is always on time, if not early.

Necheles talks fast, getting more questions in. It was a busy time? Yes. You were called "the greeter girl," correct? Yes. Wasn't it a little belittling? Yeah.

I tried not to let it get to me, but people said I was unqualified, Westerhout says about the "greeter girl" nickname.

62/ McB:

Trump was also transitioning his companies into a trust, Necheles asks, but Westerhout says, not to her knowledge. She wasn't involved in the business side.

Westerhout says Trump only had two and a half months to transition from running the Trump Organization to becoming president. Necheles keeps portraying it as a hectic, busy time, with lots of distractions.

63/ McB:

🤦🏻‍♀️It was amazing working with Trump, she says, smiling. I think—I—I hadn't spent any time with him, I don't know if anyone should feel like they deserve they should be in the West Wing, but Trump always made me feel like I belonged, especially in a place with a lot of older men.🤢

64/ McB:

We now get a portrait of Trump, the family man.

He had a close relationship with his children, and a lovely relationship with his wife? Yes, definitely, Westerhout says.

Westerhout paints a touching scene: Trump would be on the phone w/ his wife, & would tell her to come to the window in the residence, where she could look across and see Trump in the Oval Office. He would also call his wife to tell her he's boarding AF1, though he didn't have to

65/ Just... wow.

McB:

Right on schedule, Merchan stops it there.

We end with an image of Trump the family man from Westerhout's testimony, which couldn't be further from this morning's depiction of Trump the philanderer and bully of Daniels' testimony.

66/ Bower:

The jurors are done, but the parties are not.

Merchan says we'll take a 10 minute break. When we return, I assume Blanche will raise the issues he alluded to at lunch regarding (1) Renewed mistrial motion, (2) blocking McDougal's testimony, and (3) a gag order matter.

67/ I wanna throw up.

Klasfeld:

As Trump leaves, a spectator tells Trump: "God is with you. Stay strong."

The man is escorted out — no outbursts, any outbursts, whatever the content, are allowed in court.

68/ Part of 🧵 by Lisa Rubin:

After she broke down crying remembering her “youthful indiscretio" Necheles gently reminded her, as x-exam opened, that she was very young, that she made a mistake, and that Trump had forgiven her

I’m not saying the grace Necheles showed Westerhout, who was 28 when she left WH, was undeserved. But boy does it stand in marked contrast to her treatment of then-27-yr-old whose sexual encounter w Trump so distressed her that her hands shook as she put her shoes back on

69/ NEWS...

Via McB:

Merchan says we'll take 10, then pick it back up with Mr. Blanche.

As Trump walks out, a member of the public says something to Trump. "Guys, we're not doing that," a court officers scolds them. After the parties leave, the officer takes out the 2 men who spoke to Trump.

At 4:09 p.m., Trump and co. walk back in, Merchan walks back in as well, almost simultaneously.

👇🏼
👉🏼NEWS: The People no longer intend to call Karen McDougal to testify.👈🏼

70/ McB: Only 2 issues now, 1st: gag order.

Blanche asks that Trump be allowed to respond to Daniels' testimony, bc of all the reporting about it, which tells completely different story than Trump's. This will tie into mistrial motion, he says.

Daniels was on a polit TV show w "political commentators" last night, Blanche says & Trump can't say this never happened, this is never true, to this "new version of events" which deals with a very diff issue than sexual event that took place in 2006.

71/ McB:

We said repeatedly, and I'm not going to dwell on it, Blanche says, but Trump needs an opportunity to respond to the American people.

The only witness left subject to the gag order is Mr Cohen, Blanche says, but his argument is a bit garbled, hard to follow.

72/ McB:

There are voters out there, asking questions, but Trump can't say anything, Blanche says. There are numberous articles about it in the news, and Daniels' testimony will be a feature on shows today, and it "cannot be" that he can't respond to it, says Blanche.

It's much different than the same story that's been going around for several years, so Blanche asks that Trump be released from the gag order.

73/ McB:

Conroy up now: It seems the other side lives in almost an alternate reality.

Conroy wants to look back at why the order was an issue in the first place, and says that it has been somewhat successful thus far.

This is where facts are brought out, and if someone wants to respond to something someone 👉🏼said in this room, it should happen in this room, not out there, Conroy says.

74/ McB:

We have been told repeatedly by witnesses—even in the courtroom, even on the stand—about their fear, Conroy says. Even with a witness today, there was something with her home address on it, and you could see the fear in her eyes.

He does it selfishly with no concern about the safety of the people he's attacking, and unfortunately we have seen the results, Conroy says.

75/ McB:

Conroy brings up the NYPD's explosion in threat cases about the number of threats against the members of the DA's office and their families. I had a conversation with a
👉🏼custodial witness last night concerned about their safety, Conroy says.👈🏼
Modifying this gag order now in the middle of trial would signal to future witnesses that they could be at risk as well, says Conroy.

76/ McB:

He cites a DC circuit case about "hostile messages" that have an effect of "deterring, chilling, or altering the involvement" of witnesses.

77 McB:

The gag order is not just designed to protect the witness until they walkoff the stand, or to protect the proceedings part of the way, Conroy says.
Modifying the gag order now is for Trump to attack Daniels—that's what he wants to do,👉🏼let's not pretend he wants to engage in high-minded discourse, 👈🏼Conroy says.

78/ McB:

Blanche is back now, and he says everything we just heard in different in kind from what they're requesting.

In this case, a narrowly tailored gag order, the court should be constantly making sure its terms remain in effect, Blanche says.

79/ McB:

A completely different set of events, Merchan repeats, What exactly are you referring to?

For example, transcript pg 2610, Blanche cites, "at first I was just startled, jump-scare...room spin in slow motion...felt the blood leave my hands and my feet."

80/ McB:

What she had previously said, Blanche says, hinting that he's now getting to the mistrial motion, was "ugh, here we go, we started kissing, I hope he doesn't try to pay me."

👉🏼Merchan: Help me understand how it's different.
Blanche: One is about consent, and one is not.

81/ McB:

Merchan wants to take the issues one-by-one so we stay on the gag order

👉🏼It's interesting what Mr Conroy said, bc I wrote the same thing from the book down, Merchan says. My concern is protecting the integrity of these proceedings as a whole

Other witnesses, incl but not only Michael Cohen, will see your client doing whatever he intends to do, Merchan says. 👉🏼I can't take your word for it that this is going to be low key, this is going to be a response, bc that's not the track record

82/ McB:

These were very real, very threatening attacks on witnesses, so 👉🏼I can't take your word for it, Merchan says, while saying he is still concerned by some witnesses using the gag order as a sword, not a shield.

#WompWomp

Application to modify gag order is DENIED.

83/ McB:

Merchan will now hear motion for a mistrial.

Blanche starts by saying he will put something together over the weekend explaining why this trial cannot go forward in light of Daniels' testimony.

Blanche cites Merchan's finding that Daniels' testimony not only completes the narrative of events, but is also probative of the defendant's intent, but says he alerted the court and the government of Daniels' contradicting previous claims.

84/ McB:

Blanche says this new story is about how "this completely made up encounter with President Trump may have been nonconsensual," which they learned from the documentary, at which point they previously objected. Prosecution and court promised not to get into the details, then did.

85/ McB:

Questions about whether the encounter brought up Daniels' difficult childhood, Daniels spanking Trump, it almost defies belief that we're here about a records case and the government is asking questions about an incident that happened in 2006, that we don't even believe happened

86/ Emptywheel:

Blanche now complaining that Blanche opened by denying the sex happened.

Klasfeld:

Blanche calls the level of detail irrelevant:

"This is not a case about sex."

It's not about whether the sex took place or didn't take place, he adds.

87/ McB:

Blanche continues, This is extremely prejudicial testimony. This is not a case about sex. This is not about whether that encounter took place or didn't take place. Whether it happened or not has nothing to do with the charges in this case.

88/ Bower:

Blanche mentions, for example, the prosecution asking about Daniels supposedly spanking Trump with a magazine. And he says they elicited too much detail about the hotel suite -- what the inside of the bathroom in Trump's suite looked like, for example.

And the story Daniels told on the stand is not the story that Rodriguez, Howard, and Cohen were told back when the NDA was formed. So it's not relevant, Blanche insists.

89/ McB:

Blanche reads more of Daniels' testimony, calling it "extremely prejudicial" again, and testimony that has nothing to do with the motive of entering the NDA.

Klasfeld:

Blanche recites the passage of the transcript where Daniels quoted Trump trying to talk her into sex by telling her "[i]f you ever want to get out of that trailer park."

90/ Klasfeld:

Blanche, with some indignation: "You have jurors who are now hearing about an imbalance of power between a man and a woman."

He says that isn't relevant to the case.

91/ Bower adds a little more:

She talked about power imbalance, Blanche says, but none of that goes to motive or intent because that's not what she was saying at the time of the NDA.

92/ McB:

We didn't know these q's were coming, Blanche cont's. We had a sense from documentary that she was changing her story, & we alerted the court, but we were hearing this for 1st time.

He's repeating himself, but Merchan lets him continue.

"There was an objection, and it was sustained," Merchan cuts in. "In fact after many of these anecdotes, there was an objection and it was sustained."

But it was still said, Blanche pleads, that's why this testimony is so dangerous, so prejudicial.

93/ McB:

"It was so prejudicial—it was a dog whistle for rape," Blanche says. [Me: Rape. Gee. Ya think?]

Let's hear from the people, Merchan says.

👉🏼"Ok so that was a lot, and most of it, just flat out untrue," Steinglass says.

94/ McB:

The claim of ambush is just nonsense, says Steinglass. The claim of changing the story is also extraordinarily untrue. As any witness telling a story, there are details in one form and not in another form. And anyway, the defense has had access to all of this.

95/ McB:

Moving on to the mistrial motion, Steinglass says, it has always been their contention that the details of the two-hour convo that Daniels and Trump had in the hotel suite corroborate her account that a) the fact that the sex happens (which increases motivation to silence her)...

96/ McB:

These are the details that make her account more credible, and the defense has gone to great length to discredit her, Steinglass says with some force, some oomph in his voice.

97/ McB:

They're trying to have their cake and eat it too. They're trying to discredit Daniels that her story is false, then preclude the prosecution from eliciting the details that would corroborate her story, Steinglass says.

98/ Press:

Prosecutor: The claim of ambush is nonsense. OK there were details omitted from InTouch, but in Anderson Cooper. This is not a change of story. Ms. Necheles' thorough but misleading cross tested it. That the sex happened increases the motivation to silence her

99/ McB:

Necheles was cherry-picking the details she thought were inconsistent and omitting the details that were consistent, Steinglass says. The overarching point here is the details are the tools the jury needs to assess her credibility.

100/ McB:

👉🏼Those messy details were Trump's motive to silence this woman in 2016, less than a month before the election👈🏼, says Steinglass. The fact that the testimony is prejudicial and messy, according to Blanche, that's exactly why Trump tried to prevent the American ppl from hearing it.

There were lots of details about a lot of things, but not about the actual encounter. By Steinglass counts, there were only 8 questions about it.

101/ McB:

There are other details I don't want to put on the record, but I'm happy to put in a sealed record the very salacious details we omitted out of a desire not to embarrass the defendant, Steinglass says.

@GottaLaff
NFL We are to the throw everything at the wall phase. Fear of #MichaelCohen is palpable.
@kwheaton @GottaLaff NFL It appears Blanche is unfamiliar with #ETTD, as he once again embarrasses himself and sullies his legal reputation.
@GottaLaff NFL do Trump's lawyers really want to be talking about dogs right now?

@GottaLaff

NFL
The point is, assuming this version is true (it is under oath and the trauma of sexual assault can have a profound effect, as has after far too long come to be comprehended by at least some people), trump KNEW the real story, and THAT is what he was desperate to hide. Not just that he "cheated on" the woman he was cheating on his wife with. That he is a serial sexual predator and rapist and should be castrated before being locked up for life.

@GottaLaff NFL disagree, that part is COMPLETELY relevant to the case.

@GottaLaff

NFL... for an encounter that supposedly, per trump, never happened.. detail is important.. she described his suite... that's detail that says I was there. Not.. it never happened.

@GottaLaff If whether sex happened or not has no bearing on this case, why did Trump's lawyer spend so much time trying to prove Stormy a liar?
@elronxenu credibility… she corroborates and provides facts
@GottaLaff NFL Correct, the case is about Trump falsifying paying off Cohen to pay off Stormy to keep her from talking about what happened.
@GottaLaff NFL Uh-oh. Are you sure you want Stormy to have to prove that? (mushroom emoji followed by camera emoji}
@GottaLaff NFL - Her ability to tell the story, and the effect it would have had on the campaign, is important regardless of its veracity. She literally does not need to have been honest for this story becoming public to be a campaign impacting event, and for this scheme to therefore be a campaign contribution.
@GottaLaff A completely made-up encounter that didn't happen but which Trump paid Cohen $420,000 to have Daniels paid $130,000 not to talk about, and then falsified the business records. Uhhhh-huh. Got it.
@GottaLaff NFL - Daniels' story was always that the encounter was one in which her consent was strictly optional. She said it was consensual, but her description always alluded to the fact that she didn't have a choice in the matter.