#TrumpTrial started earlier than I did today. Grabbing coffee, starting THREAD HEREđ§”1/⊠#Trump #legal
Hereâs the list of Trumpâs allies attending his trial today:
AG Alan Wilson
Rep. Eric Burlison
Rep. Andrew Clyde
Rep. Mary Miller
Rep. Keith Self
John Coale
Alan Dershowitz
Will Scharf
Steve Witkoff
Bernie Kerik
Kash Patel
Vernon Jones
Jerry Kassar
Chuck Zito
2/ Tyler McBrien:
Out in the hallway, Trump (blue tie today) addresses the pool reporters with general complaints about the case. He says he should be out campaigning. Lather, rinse, repeat, as I like to say.
3/ McB:
It's an early day: both parties are already seated at their respective tables. Just before he sat down, Trump mouthed "how are you" in the direction of the prosecution team.
Pool photographers enter and snap away at Blanche and Trump, frowning as they usually do.
The prosecution has already raised the issue of Trump's every-changing entourageâand the involved security details that accompany some of the case of charactersâwith the judge on May 16.
4/ McB:
Justice Juan Merchan takes the bench.
Seated at the prosecution table are ADAs Steinglass, Hoffinger, and Mangold, while Colangelo and Conroy take the two seats behind them.
Alan Dershowitz is seated directly behind Trump in the first row.
Merchan starts by thanking everyone for showing up early and wants to address over-the-weekend issues that arose.
đ„NEWS: Justice Merchan says that it looks like we won't go to summation tomorrow: "Unfortunately the calendar is what it is"
5/ McB:
Next issue: defense exhibits. Hoffinger says the prosecution was objecting to two exhibits, but now it's down to one, which she has a hearsay objection on.
It's defense exhibit 1005: an email from Costello's partner (Citron) to Michael Cohen following their initial communications.
Blanche says the email is direct impeachment against what Cohen testified on direct and cross on Tues/Thurs.
6/ McB:
BLANCHE: We're not offering this for the truth but impeachment.
MERCHAN: It would be the truth of the statement you're impeaching him with right?
BLANCHE: It depends on how he answers
MERCHAN: But how he answers it at that point the cat's out of the bag, the jury has heard it.
7/ McB:
Hoffinger rises for the counterargument: Citron's opinion is not an impeachment of how Cohen felt the meeting went, and whether it's impeachment or not, it's still hearsay. This doesn't disclose what was in Michael Cohen's mind about how he felt the meeting went.
8/ McB:
Merchan remains firm. He mentions there's actually two layers of hearsay, and at this moment he's not going to let it in.
Nowhere in this email does it express Mr Cohen's state of mind...this is double hearsay, Merchan says with some finality.
Understood your honor, Blanche says, and mentions that he'd like to ask him questions about it and dozens of other emails.
9/ McB:
Merchan also mentions that, as Bove knows, the prosecution does not have to prove the object offenses beyond a reasonable doubt:
Bove continues to argue his case, but Merchan maintains that the witness would be presenting the law with the authority of a legal expertâone relying on SCOTUS opinions and other legal opinions, which would not be appropriate.
10/ McB:
BOVE: What makes this case different is the predicate for the 175.10 charge (the NY state election law) is it's only unlawful if there is unlawful activity. Otherwise, it's just agreement to win an election.
đđŒAfter Merchan cuts in, Bove waves his arms and continues to try to argue, but Merchan calms him down, and says "relax."
"I'm going to be consistent with my earlier rulings," Merchan says, reminding Bove that the People initially had 4 theories, and he ruled against one of them.
11/ McB:
Colangelo stands for the prosecution and cites their Nov 9 motion to demonstrate that they briefed this theories 6 months ago.
"There's nothing new at all about the unlawful means argument," he says.
https://documentcloud.org/documents/24432843-2023-11-09-das-mem-opp-defs-omnibus-motions-redacted
12/ McB:
Bc the expert witness is a lawyer, law prof, and former FEC commission, his entire experience in understanding how these terms apply/are defined is based on interpretation, Colangelo says for his last point.
Merchan maintains his ruling.
That's done, and Blanche asks to approach about a "scheduling issue."
13/ McB:
Sidebar. Trump turns around 180 degrees in his seat and appeared to look at or say something to Alan Dershowitz, but it was difficult to tell.
Sidebar disbands, and Justice Merchan calls for a short, 10-minute break.
14/ McB:
As we wait for the morning to resume, I overhear a reporter in the gallery say, somewhat dejectedly: "Well, it looks like we're going to be here for another week."
For Necheles and Habba, perhaps the real treasure of the first criminal prosecution of a former president is the friends we make along the way.:
Via erica orden
We are taking a 10-minute break. As they exit the courtroom, Alina Habba and Susan Necheles are walking side-by-side with their arms around each other.
15/ McB:
Spotted in the men's room during the break: one of Trump's favorite legal scholars, Jonathan Turley.
And we're back.
Merchan asks for one side to draft some instructions, then the other to "do the red line," and says If the two sides can agree on the definitions of these terms that's all the better. Also mentions his preference to keep it as simple as possible.
17/ McB:
Jury is present and properly seated, and Cohen is on the stand, a pale purple (lavender?) tie today.
Good morning, Mr Cohen, says Blanche, resuming.
Since last Thursday, how many reporters have you spoken to about what happened last week?
Cohen denies speaking to reporters, then relents that some have just called to say hello, ask how I'm doing, to check in.
Blanche is skeptical to say the least.
18/ NOTE: Needless to say, because of my late start, I haven't read any of your replies since yesterday. I'll do my best to catch up at some point. ALSO: Please remember to use NFL (Not the hashtag... Not For Laffy) so I can easily skip those replies when I'm live posting.
Thanks.
19/ McB:
How about prosecutors, how many times have you met with them?
COHEN: More than a dozen
BLANCHE: So like more than 12, but 20 times?
COHEN: It's possible.
Cohen says he met with prosecutors as recently as 10 days ago.
What's a question you were asked last week that you were hearing for the first time Blanche asks, but Cohen isn't sure. How about documents, you reviewed those in prep with prosecutors? That's correct, Cohen says.
20/ Anna Bower:
When they asked you questions on direct examination last week, you'd heard those questions before during prep?
Some of them. There were many questions that I had not heard before, Cohen says. But he can't recall a specific example of a question he hadn't heard before.
21/ McB:
You know someone named Dan Goldman?
Yes, Cohen saysâhe met with him while prepping for his testimony to the House Oversight Cmte.
That's one of the times you lied?
Yes, sir, Cohen says.
22/ McB:
Around the time, Blanche says, Cohen was dealing with some significant restructuring of his taxi medallion business, and an issue with a loan or sale related to an investment property of Cohen's.
So basically, a lot going on.
More going on in Oct 2016: Cohen's work with the diversity coalition; working closely Pecker on another issue about iPayments(?); helping Tiffany Trump with a photo extortion issue.
The man had a busy month.
23/ McB:
Recall during Keith Davidson's testimony, he described Cohen around this time as frantic and "pants on fire."
Cohen himself also said that he would field up to 100 calls a day at this time.
It ain't easy being a fixer.
Blanche pulls up B130, a text from someone named Carrie on 9/28/16âfurther communications on the taxi medallion issue I believe. B132 10/13/16 email, a medallion acquisition proposal.
All of this seems to further the point that Cohen was a busy bee in Oct 2016.
24/ Pagliery:
Trump's team is really trying to direct jury's attention to way Cohen interacts with journalists & prosecutors
The unstated theme here is that everyone's all wrapped up in a big conspiracy against the former president.
As always, there's an odd line of questioning as Blanche probes Cohen's business deals in Oct. 2016âthe same time he was working on the Stormy hush money deal.
Trump's lawyer explores how Cohen was working on his taxi medallion side gig. Let's see where this goes
25/ Klasfeld:
Blanche questions Cohen about text messages related to his taxi medallion business, which have not been entered into evidence â and therefore, aren't shown to the jury.
Explainer:
The defense has latitude to show the witness information to refresh his memory, even if it hasn't been formally entered into evidence.
26/ McB:
Blanche asks about Friedman, to whom Cohen leased his taxi medallion, and, separately, the owner of Resolution Consultants, with whom Cohen was also in touch around this time.
Again, all this seems to suggest that Cohen had many irons in the fire around this time.
27/ McB:
Q: During that time period, do you recall having issues with Freidman bc of his financial situation?
A: Bc of the entire taxi industry financial situation.
Blanche says he's not interested in talking about the entire taxi industry, but I, for one, would love to do just that.
28/ Bower:
At the time in the fall of 2016, Friedman was going through a tough time? Yes, marital problems. You helped him find a place to live?
Unclear where this is going.
As Blanche asks Cohen about Friedman, Hoffinger jumps up to object to this line of inquiry. Sidebar.
@darthstar
Yes, I just saw that after I posted. Great minds...đ
@GottaLaff NFL
Everyone in NY has a taxi medallion side gig. My great grandma Ethel had one!
(Not really.)
NFL It's not easy being a fixer...for a profoundly and irrevocably broken manchild
I'll put a pot of coffee on for you. Unless you prefer pour over? :)
Laffy
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