#TrumpTrial started earlier than I did today. Grabbing coffee, starting THREAD HERE🧵1/… #Trump #legal
Here’s the list of Trump’s 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 entourage—and the involved security details that accompany some of the case of characters—with 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.
💥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 expert—one 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.
👉🏼After 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 says—he 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 9/28/16—further 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. 2016—the 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 — 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.
29/ McB:
Just before a brief sidebar, Blanche was asking about Cohen finding Freidman a lawyer
Back to the iPayments litigation (which we had spoken about during Pecker's testimony)—Cohen says he attempted to settle that litigation in part out of a friendship with Pecker.
30/ Klasfeld:
Blanche's line of questioning explores Cohen's history in the taxi medallion business, which ultimately led to some of his criminal charges.
Cohen tried to help with the marital problems of a business associate, a topic Blanche tried to explore before the prosecution objects.
That business associate, John Lydon, was a mortgage broker with a company called Resolution Consultants.
That's the same name as the entity Cohen used for the hush money payments to Karen McDougal.
31/ Klasfeld:
Blanche explores what else Michael Cohen was up to on the week of Oct. 26, 2016, the day that he executed the payoff to Stormy Daniels through his shell company.
32/ NOTE:
#Maddow is in court today. PLUS tonight on her show: #FaniWillis
33/ McB:
Blanche asks Cohen more about his work with Pastor Scott, the Tiffany Trump blackmail issue—all of which was happening the week of 10/24/16.
We zero in on two calls between Trump and Cohen on 10/26/16: Cohen testified the reason why he wanted to speak to Trump on that day was to get approval for the payments.
Do you remember what Trump was doing on that day? Blanche asks, but Cohen doesn't remember. Blanche shows B168
34/ McB:
BLANCHE: Do you remember that morning that Trump was going to sit down for an interview with ABC News? Does it ring a bell that it was going to be with his entire family too, including Melania?
Objection—sustained, but Blanche asks again, objection again—sustained.
Klasfeld:
👉🏼The last sustained objection, by Justice Merchan, was more emphatic if a little annoyed that his prior rulings apparently had been ignored.
35/ McB:
With all that going on, why focus on Stormy Daniels?
Because it was important to me, Cohen says.
Was fixing Tiffany Trump's situation important to you? Wouldn't that be someting you would update her father about?
Important yes, but no updates no, Cohen says.
My recollection was that I spoke to Trump about Stormy Daniels because that was what he tasked me to take care of, and that's what I had been working on, Cohen says.
36/ Maddow:
Blanche's line of questioning here with Michael Cohen appears to be trying to create the impression that Cohen had a lot going on in late October 2016. OK! Not sure where that lands for anyone.
37/ McB:
We get closer to the heart of the matter: the meeting btwn Trump, Weisselberg, and Cohen about the "retainer agreement" and the reimbursement structure.
38/ Inner City Press (aka Press):
Blanche: You said $130,000 for Daniels, $50,000 for RedFinch for polling?
Yes
Klasfeld:
Blanche's questioning turns to the RedFinch expense, and Cohen describes paying his contact there $20,000 in a "small paper bag."
Cohen says that didn't resolve the matter because the full expense was $50,000.
39/ McB:
Blanche asks about the Red Finch payment, of which Cohen only gave them $20k/$50k.
Cohen says he withdrew the cash over two days, and Blanche asks whether he brought a "duffel bag" of cash.
No, Cohen says. It was a small brown paper bag.
40/ McB:
After that $20k you were square? asks Blanche.
He would've liked the additional $30k as well, Cohen says, with a deadpan matter-of-fact tone.
Fair, says Blanche.
41/ McB:
We're getting some great imagery of Cohen the fixer: answering and placing dozens of phone calls a day, running around town with a brown paper bag filled with tens of thousands of dollars in cash.
In other words, "pants on fire" and frantic.
42/ Klasfeld:
Blanche notes that Cohen billed the Trump Org for the full RedFinch expense — and was reimbursed for it — even though he never fully paid it.
Q: So you stole from the Trump Organization, right?
A: Yes, sir.
Cohen acknowledges that he was never prosecuted for larceny or paid back the Trump Organization.
He also acknowledges he was paid back the "grossed up" version, and so he was reimbursed more than the expense he never paid.
43/ Maddow:
Trump defense counsel Todd Blanche elicits from Cohen that when he took a "reimbursement" from the Trump Org for payment to a company called RedFinch, he was ripping off the Trump Org. He had only paid RedFinch $20k, but he was "reimbursed" $100k by Trump Org for the payment.
👉🏼Blanche is yelling at Cohen about it, Cohen is calmly and repeatedly affirming that yes, that was him stealing from the Trump Org.
44/ McB:
Back to the money that Cohen pocketed, Blanche launches at Cohen: Have you paid back the Trump Org the money that you stole from them?
No sir, Cohen says.
The Red Finch subplot has moved to center stage right now.
During the convo with Weisselberg to cover up the $130k payment, Blanche asks, you lied to him about how much you owed to Red Finch? (Blanche asks twice)
Correct, says Cohen.
45/ McB:
Q: You did steal from the Trump Org, correct?
Objection—overruled.
Again, Blanche asks, You did steal from the Trump Org, correct?
Correct, says Cohen.
46/ McB:
There was never an expectation that there would be a retainer agreement, and you never had a retainer agreement for Trump, his children, etc?
Correct and correct, says Cohen.
👉🏼Blanche starts to ask a question but stops himself—sorry, that was a terrible question.
Except for that one convo with Weisselberg, did you have other convos with Weisselberg about your role as Trump's personal attorney?
Yes sir, says Cohen.
47/ McB:
Again, more questions about how Cohen never had a retainer agreement, never would have one in fact.
It's still unclear how this helps the defense—it would only seem to hurt their case. But let's see where Blanche goes with this.
48/ McB:
Had there been a meeting about a retainer agreement, it would have only been between attorney (Cohen) and client (Trump).
🤦🏻♀️Another question, but a confused Cohen screws up his face and asks Blanche to rephrase, but it's so mangled that Blanche just withdraws the question.😂
49/ Bower:
But you and Weisselberg decided there would be no retainer agreement?
Can you rephrase that, Cohen asks, looking a bit perplexed.
Blanche shows him an exhibit. It's an email chain. It's accepted into evidence.
50/ ICYMI: Via Griffin...
Closing arguments in Trump's New York criminal trial will begin the Tuesday after Memorial Day — May 28 — Judge Merchan says, to ensure there are not multiple days between summations and deliberations.
WHICH SUCKS because I'll be in the car on my way to Canada, which will make it REALLY hard to do any live posting.
51/ McB:
The defense submits B260 into evidence, 1/31/17 email response from Weisselberg to Cohen, re Note and mortgage modification agreement for Trump Park Ave condo—Thank you. You never stopped on for a bro hug. Anyway please prepare the agreement we discussed so we can pay you monthly
52/ McB:
Q: Why would you have to prepare an agreement so that you could get paid monthly?
A: In order to get the reimbursement, the $35k for month
Blanche lowers his voice in a sort of "gotcha" way: But you testified that there would never be an agreement.
It's all a bit fuzzy to me.
53/ Bower:
Why would you need to prepare an agreement if there was never any expectation that you would have one?
Because it was so that I could be repaid the reimursement, the 35K per month.
But you testified that you and Weisselberg agreeed that there would be no retainer agreement?
54/ McB:
Blanche asks why payments would be signed by Eric and Don Jr., but we already know why: they were signatories on the Trust account.
@GottaLaff NFL.
Ah, it never occurred to the dumbass defense lawyers that Cohen was hired to be a CRIMINAL, not a LAWYER! Therefore he was paid, but not on a retainer.
What dumbasses the defense are. The jury will have no difficulty with this.
@GottaLaff NFL
Yes, Mr Blanche, that was the falsifying business records part. 🤦♂️
@GottaLaff "Pursuant to our retainer agreement ..." was and is a lie.
NFL.
@GottaLaff NFL.
Indeed, this is AWFUL for the defense! But they are dopes.
Expect Trump to sue Cohen after this is over.
@GottaLaff
NFL
Not a good look that Cohen overcharged the Trump Org on the RedFinch reimbursement.
The man really is a weasel. No wonder he wasn't allowed anywhere near the White House.
@GottaLaff Cohen was a busy beaver ... and as such, he could have informed Trump as quickly as possible on that particular phone call at issue. 5 seconds.
If they keep going on about how busy Cohen was, it's more understandable if he gets the timeline a little wrong.
NFL.
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