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.

https://documentcloud.org/documents/24651131-peoples-35-first-republic-bank-statement-with-handwritten-notes#document/p1/a2558679

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.