Mastodawn

Nonilex May 28, 2024

Tues 28 May 2024 🧵 #ClosingArguments to Begin in #TrumpTrial

#Trump faces 34 felony counts of falsifying business records in connection w/a #HushMoney payment made to a porn star to influence the 2016 election. The case could be in the jury’s hands as early as Wed.

#law #ElectionInterference
https://www.nytimes.com/live/2024/05/28/nyregion/trump-trial-closing-arguments?smid=nytcore-ios-share&referringSource=articleShare&sgrp=c-cb

Trump Trial Live Updates: Closing Arguments to Begin in Hush-Money Case

Donald J. Trump faces 34 felony counts of falsifying business records in connection with a hush-money payment made to a porn star before the 2016 election. The case could be in the jury’s hands as early as Wednesday.

The New York Times

Nonilex May 28, 2024

#Trump will be joined by several members of his family in court today: Donald Trump Jr; Eric & wife Lara Trump who is also co-chair of the #RNC; & Tiffany Trump & husband, Michael Boulos.

Non-family members joining Trump are Steve Witkoff, a real-estate investor & “friend”; Will Scharf, a #Republican candidate for Missouri AG & a Trump lawyer in another case; & Deroy Murdock, a #conservative #political “commentator”.

#criminal #law #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference

Nonilex May 28, 2024

#Trump spent Monday both posting on social media about this case & attacking #EJeanCarroll.

Trump also falsely claimed the prosecutors in this case were somehow getting an undue edge by getting to deliver their closing arguments after the defense; that is actually the #law in NY.

Trump & entourage are in the courtroom. Alvin Bragg has joined as well.

#criminal #law #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference #HushMoney #MobTactics #GagOrder #StochasticTerrorism

Nonilex May 28, 2024

After 5 wks of testimony, prosecutors & defense attys now present #ClosingArguments aka summations. Closing arguments give each side several hrs to highlight the #evidence that best proves its case. While similar to the opening statements delivered at a trial’s start, closing arguments tend to be more forceful.

When both sides are finished, Judge Juan #Merchan, will instruct the jurors on the #law & how to apply it to the evidence, & they will be sent off to deliberate.

#Trump #TrumpTrial #law

Nonilex May 28, 2024

Todd #Blanche, #Trump defense lawyer, says his closing argument will take ~2½ hours, & Joshua #Steinglass, the prosecutor, responds that his will be between 4-4 ½ hours. The judge says that means we may or may not finish at 4:30, & that he will ask the jurors if they can stay late in order to finish closing arguments if necessary.

#criminal #law #Trump #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference #HushMoney

Nonilex May 28, 2024

Before he summons the #jury, the judge warns to the lawyers, asking them not to comment on the #law in their closings. That is his job, he reminds them, telling them to focus on the facts.

The jury is in. They have had almost a week off, but now, the focus of the #TrumpTrial is shifting to them. The judge explains how closing arguments work, that they'll hear from the defense first & then the prosecution. “The lawyers may not speak to you after that,” the judge says.

Nonilex May 28, 2024

Justice #Merchan cautions the jurors that the lawyers are simply making “arguments for your consideration.” He underscores that their words are not #evidence.
Already, the judge, both in & out of the presence of the jury, is dictating clear lanes. 1st he told the lawyers, then the jurors,that his instructions on the law were the only remarks on the #law that mattered. Merchan will listen to the closing arguments, & may be compelled to weigh in as each side objects to the other’s argument.
#Trump

#Blanche, #Trump’s atty begins by thanking jurors then reminds them of that in the court system, they decide the facts “not the prosecution… not the judge.”
Blanche says that his client is innocent, that the prosecution hasn’t met its burden of proof & that the evidence presented “should leave you wanting more.”
He says the case “is about documents. It’s a paper case.” It is not, he says, about an encounter w/ #StormyDaniels, noting that the defendant has denied it occurred.

#law #TrumpTrial

Nonilex May 28, 2024

Blanche says he is going to talk a lot about #MichaelCohen today. “You cannot convict *President* #Trump on any #crime beyond a reasonable doubt on the words of Michael Cohen,” Blanche says, adding that Cohen took the stand during the trial & told “lies” while there.

#ClosingArguments have many visual components. #Blanche is currently breaking down #evidence that is being displayed on screens.

#criminal #law #Trump #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference #HushMoney

Nonilex May 28, 2024

#Blanche is focusing on the 34 docs that led to the 34 #felony charges. He sounded as if he was getting close to making a #legal argument about “intent to defraud.” The #jurors would have to find that #Trump acted w/ #intent to #defraud when he directed the falsification of the docs in order to find him #guilty.

Justice #Merchan appeared to glare at Blanche as he came close to commenting on the #law. But the defense lawyer moved away & the judge said nothing.

#criminal #TrumpTrial

Nonilex May 28, 2024

#Blanche talks about the first batch of docs: 11 invoices that were sent by #MichaelCohen. The invoices said that Cohen required payment for #legal services, but Cohen testified at trial that he was directed to say that by the #TrumpOrganization. Prosecutors say #Trump himself initiated the false documents.

#criminal #law #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference

Nonilex May 28, 2024

#Blanche emphasizes the image of #Trump in the WH, conjuring up his long days in the Oval as the “leader of the free world.” 🥱It seems to be an effort to flatter Trump & put distance between him & the docs, while also reminding the jury that the defendant was —unlike every other #criminal defendant ever—an American president.

#law #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference

Nonilex May 28, 2024

As busy as he may have been, jurors have heard from numerous witnesses that #Trump is a lifelong micromanager. For instance, he frequently sought to reduce the size of bills he owed. For decades he insisted on signing pretty much every check leaving the Trump Organization.

#criminal #law #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference

Nonilex May 28, 2024

Todd #Blanche argues that the documents weren’t false because #MichaelCohen really was doing #legal work for #Trump in 2017. He’s casting aspersions on the government’s theory of Cohen being repaid for his payment to #StormyDaniels, saying that if that were so, Cohen would have been doing unremunerated legal work.

Blanche’s voice rises as he again insists Cohen lied in his description of the work he was doing for Trump.

#criminal #law #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference

Nonilex May 28, 2024

#Blanche said during the trial that #MichaelCohen had an “oral” retainer agreement with #Trump, meaning that he had agreed to do legal work on Trump’s behalf. So in his closing, just now, when he said there was a retainer agreement, he may have been out on a limb. We’ll see if & how the prosecutors respond in their own closing.

#criminal #law #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference

Nonilex May 28, 2024

#Blanche manipulates the phrase “retainer agreement.” He has insisted loudly that #MichaelCohen testified there was no retainer, multiple times. Then he gestures toward an email from #AllenWeisselberg, #TrumpOrganization’s CFO, referencing an “agreement.” But that email says nothing about a “retainer agreement” specifically, & in fact, per Cohen’s testimony, refers back to his agreement w/ Weisselberg & #Trump to disguise reimbursements for the #HushMoney payment.

#criminal #law #TrumpTrial

Nonilex May 28, 2024

In NY, written retainer agreements are generally required between lawyers & their clients, though there are exceptions that might apply in the case of #Trump & #MichaelCohen. Specifically, lawyers don’t always need to establish a written retainer when they are performing the same type of legal work they’ve done previously.

#criminal #law #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference

Nonilex May 28, 2024

#Blanche key themes:
the documents —referring to this as a “paper case.”
Distance from it —#Trump, saying the leader of the free world had nothing to do w/the way documents were classified at the #TrumpOrganization.
+ Attack #MichaelCohen as a liar who was too greedy to do #legal work for free.

“What makes more sense?” Blanche asks now, asking whether the prosecutors’ allegations are more logical than the simple idea that Trump agreed to pay Cohen for legal work.

#criminal #law #TrumpTrial

Nonilex May 28, 2024

#Blanche is now mocking prosecutors’ inclusion of #Trump’s own words in one of his partially ghostwritten books from years ago, which was entered into evidence as proof of him being a micromanager. “If the government reads to you quotes from a book a decade, more than a decade earlier, you should be suspicious,” Blanche says. “That’s a red flag”

#criminal #law #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference

Nonilex May 28, 2024

#Blanche argues that the 12 ledger entries at issue in the case were classified as #legal services because the #TrumpOrganization's software used a dropdown menu in which one of the limited options provided is: “legal expense.”

Needless to say, the dropdown menu does not have a “repayment for hush-money deal” option.

That Cohen did actual legal work for #Trump around when he received the payments from Trump has always been one of the defense’s strongest arguments.

#criminal #law #TrumpTrial

Nonilex May 28, 2024

#Blanche argues #MichaelCohen’s testimony about an all-important meeting w/ #Trump in Jan 2017, in which the president-elect signed off on the repayment scheme, is not “corroborated by anything, there’s not a shred of evidence.” And it's true that no one other than Cohen has directly testified about that conversation.

But it’s not true that there is not a “shred of evidence” — in fact, there is lots & lots of circumstantial + documentary evidence about what happened.

#criminal #law #TrumpTrial

Nonilex May 28, 2024

Evidence including notes made by #AllenWeisselberg about how #MichaelCohen would be repaid for the #HushMoney, & an email that the defense just highlighted in its own closing referring back to the agreement.

#Blanche depicts #Trump as too distracted to focus on the matters of the checks & the payments. Cutting against a long-acknowledged #Trump trait: his proclivity for attention to minutiae in times of stress.

#criminal #law #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference

Nonilex May 28, 2024

#Blanche says that #Trump wasn’t known for overpaying, & testimony suggested #MichaelCohen didn’t deserve to be paid much for his campaign work, particularly #HopeHicks's testimony that Cohen occasionally went “rogue”.
Blanche: “That’s not exactly a glowing performance evaluation that justifies a larger bonus.”

At the same time, Blanche argues the $420k Trump did pay Cohen was for unspecified #legal work.

That’s a serious contradiction in #logic.

#criminal #law #TrumpTrial

Nonilex May 28, 2024

Confusing: Blanche highlights that “some sort of tax scheme” was involved in the repayment to #MichaelCohen. Prosecution’s theory of the case is that #Trump falsified records to cover up a #conspiracy to #influence the 2016 #election — & one way to prove the conspiracy is that #tax #crimes were involved. It’s unclear why Blanche would draw the jury’s attention to an important aspect of the prosecution’s case.

#criminal #law #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference

Nonilex May 28, 2024

In his follow-up to this argument about a #tax scheme, #Blanche asks why #MichaelCohen didn’t remember the amount he was meant to be owed each month & why the checks didn’t always come from #Trump. Again, even as he seeks to cast doubt on the prosecution’s argument, he reminds jurors of what the other side wants them to believe.

#criminal #law #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference

Nonilex May 28, 2024

#Blanche argues there was no #intent by #Trump to #defraud — a #legal concept at the heart of the case. Every time Blanche says the phrase “intent to defraud,” the judge looks at him — but so far, Justice #Merchan has not interrupted him.

Blanche argues the prosecution must show that Trump “caused” the false records. He’s correct about the wording in NY’s #FalseRecords #Law, but “caused” is not a super high bar.

#criminal #law #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference

Nonilex May 28, 2024

The prosecution alleges that #Trump was present when his employees hatched a plan to falsify the records, & did not stop them from doing so. The prosecution could even argue that Trump, as the boss, effectively approved the plan & thus caused it.

#Blanche shows the #jury the #tax documents sent to #MichaelCohen & the #IRS as #evidence that the payments to Cohen were all above board.

#criminal #law #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference

Nonilex May 28, 2024

FYI: declaring a payment to the #IRS doesn’t automatically make it #legal (it’s called #TaxFraud & it’s a #crime we know #Trump commits regularly).

Blanche is repeatedly calling #MichaelCohen both a liar & Trump’s personal attorney.

The jury is going to have to grapple reconcile something Blanche isn’t, namely that Trump hired Cohen & worked w/him for over a decade.

#criminal #law #TrumpTrial #CatchAndKill #conspiracy #ElectionInterference

atticus1956 May 28, 2024

Okay, now let's consider how ridiculous submitting anything Trump submitted to/for the IRS as evidence is; he's an admitted tax cheat.

Rufus J. Cooter May 28, 2024

@Nonilex Yeah, it feels a /lot/ like he's all in on a favorable set of jury instructions. (Which he won't get...)

AutisticTeacherGriff May 28, 2024

I almost wonder if Blanche is trying to "throw" the defense case such that TFG can use inadequate legal representation as a basis for appeals.

KoKoAZ, In Tears May 28, 2024

@Nonilex wait, what? They're admitting in court that they committed tax crimes?

Rufus J. Cooter May 28, 2024

@Nonilex Lordt.

"Some sort of tax scheme"?!? For the sake of Blanche's partners, I hope Trump slept through that...

KoKoAZ, In Tears May 28, 2024

@Nonilex and what about Trump's miserly ways? He doesn't want to pay his lawyers, himself, so he has his ill informed supporters send him their money. Yet, Trump actually signed off on enough undocumented $30K checks to cover Cohen's $130K payoff to Stormy? Seems to be highly atypical for tfg.

@Nonilex thank you for this thread

Davie Duck May 28, 2024

@Nonilex So blaming crime on poorly designed software is a thing ?

aardvark May 28, 2024

@WackyIdeas @Nonilex “hey, the only option I had was ‘crime to hide crime’, so sue me!”

Ariaflame May 28, 2024

@Nonilex So is he arguing that he did do legal work or not?

So‑Called Vaughn May 28, 2024

@Nonilex I think that, like Weisselberg, Cohen wouldn’t want to rock the boat while there were payments remaining in the pipeline. Besides, the ‘double-up’ is generous as ‘make-whole’ given no-one has an effective tax rate of 50%.

Thus any legal work performed (scanty as it was), was a token gesture of goodwill plus a nod an a wink at the purported reason.

Also, claiming accounting software can’t create new categories as needed is disingenuous; not that they would have added ‘Verbal Attenuation Fees’ in this scenario.

David is nasty, again, aparently

@Nonilex "Needless to say, the dropdown menu does not have a “repayment for hush-money deal” option."
And presumably adding a phrase like, "Hiding election interference", would require a wide field.

Nihl L'Amas May 28, 2024

@Nonilex Yes, my accounting software also has no way to process reimbursements so any time I owe someone money I have to pretend I hired them.

Polly Waugh May 28, 2024

@Nonilex
Kinda like… Trump quoting from Mein Kampf ?

PlantingTrees😷🇨🇦🌻👠May 28, 2024

Wow. The defence has no facts or counter narrative. Instead, Blanche is going for manipulating perceptions and casting doubt on one's "lying eyes". I had no idea that's what defence lawyers do. I bet they make great liars.

Sean McCabe May 28, 2024

@JaneDoeTheFirst @Nonilex
It's a gaslighting defense. Get the jury to be confused enough that they start to question everything. Unreasonable doubt may lead to reasonable doubt.

PlantingTrees😷🇨🇦🌻👠May 28, 2024

Indeed. I'm glad the prosecution goes last to bring the jury back to reality and the facts.

Potung Thul May 29, 2024

Thank for letting us know what's happening.

Your points of note, such as about the retainer agreement in New York: are they from the news feeds you are summarizing, @Nonilex? Or is this from your personal knowledge of the law? Or are you doing background research?

In any case, thank you!

#Trump #TrumpTrial

BronMason For Kamala 2024 May 28, 2024

Sounds to me like Blanche is doing a lot of testifying that shudda happened when the defense put on its case — Blanch saying it now in closing doesn’t make it evidence!

#trump #trumptrial

JustKathy May 28, 2024

Given Trump's ties to, and reliance on Russia, we should refer to Trump as an "American" president.

TheDarcBird May 28, 2024

@Nonilex
That's what some folks call "pushing the envelope" wouldn't you say?

Judgment Dave May 28, 2024

"I'm not touching you. I'm not touching you. I'm not touching you."

BronMason For Kamala 2024 May 28, 2024

I sat on a jury once, and I remember how solicitous that judge was of the jury out of public view. Each day before court, he came to the jury assembly room to greet us and I felt he created a bond with us, so that in the courtroom we took cues from him. Interestingly, it was a high-profile case about a local politico.

Hippasus500 aka jwn2 May 28, 2024

@Nonilex @bronakins
That echoes a recent experience of mine. We didn’t have daily visits from the judge - our “jury assembly room” was the hallway outside the SD County Superior Court courtroom where the case was heard. But sitting in the jury box watching the proceedings, I recall frequent visual communication from the judge toward the jury, and more than occasional remarks from him reminding us we were his partners responsible for weighing the balance of the evidence.

BronMason For Kamala 2024 May 28, 2024

Yes! Exactly, I too remember reminders from the judge about the importance of our roles in helping him adjudicate the case. Like we were a team. A memorable experience.
I hope others who see this will share their experiences as jurors.

Ps—In my one juror experience, I was an alternate and was excused before deliberations
@Nonilex

Hippasus500 aka jwn2 May 28, 2024

@bronakins
My 2nd time on a jury. Call me lucky (maybe…maybe not…so many people I know complain about the obligation…too many, sadly).

It wasn’t high profile case, it didn’t warrant coverage by the media. But it should have. It was a civil case about how a $B company’s culture promoted an environment enabling the abuse of its weakest, most vulnerable employees, yet the same people on which their business depends.

Hippasus500 aka jwn2 May 28, 2024

@bronakins
We found for the plaintiff, the employee, in the factual judgement. It cost the company $M.

The sides settled before we could decide the penalty phase.

Doubtlessly, the settlement cost them millions more. But it also bought the plaintiff’s silence.

A pity. If there were true justice, it would have cost the company its reputation, and maybe given other company’s pause about ^their^ culture.

Probably not. But it’s a nice dream.

BronMason For Kamala 2024 May 28, 2024

Interesting! You’re right — it isn’t a case I recall ever hearing about!
Do you remember if the judge interacted with your jury?

Hippasus500 aka jwn2 May 28, 2024

@bronakins
Only in the courtroom. But a good friend who is a lawyer told me the judge enjoys a particularly fine reputation in SD legal circles for his handling of civil cases.

Was your case heard in CA?

BronMason For Kamala 2024 May 28, 2024

No, SoFL — a number of years ago.
I notice you’ve avoided naming the company—was the jury admonished not to since there was a settlement with no admissions?

Hippasus500 aka jwn2 May 28, 2024

The case is “Reyes vs UPS” (37-2022-00012569-CU-WT-CTL) in San Diego County Superior Court.

The court documents are accessible at trellis.law, although I haven’t looked through them to see what you can discover.

I can’t say why I was initially reluctant to name UPS. What they did was egregious, and it’s habitual, given the number of civil suits against them I noticed as I looked for the Reyes court documents.

Maybe, it’s because UPS is not unusual.

Not a good reason.

Hippasus500 aka jwn2 May 28, 2024

@bronakins
To directly answer your question, we were not prohibited from speaking about the trial. The factual finding is public record.

A number of the jurors were sufficiently incensed they tried to gain some interest from the local media about the case after the fact. Of course, by then, it wasn’t news anymore.

A pity.

But there might be some other related cases in the pipeline. That would make it bigger news.

Hippasus500 aka jwn2 May 28, 2024

@bronakins
I’m not surprised. The company has been successful papering over the incident in green.

One of the principals in the case was named as co-defendant. In negotiations he was dropped from the suit. Subsequently, he was booted upstairs and transferred across the country.

He ultimately testified for the defense, under the theory, I suppose, “Only the guilty refuse to testify.”

In theory, there is no difference between theory and practice.
In practice, there is.

Grandpa Don May 28, 2024

@Nonilex
"noting that the defendant has denied it occurred."
Reminding them right off the bat that trump is a f'ing liar who would not say that under oath

BronMason For Kamala 2024 May 28, 2024

The flaw with Blanche noting that trump denies the sexual encounter, is that trump never denied it UNDER OATH, so his denial isn’t evidence in the case.

Whereas, Daniels’ compelling courtroom testimony came very close to making the encounter sound like a sexual assault (although she swears it was consensual), but trump might’ve known it was an assault, which would give trump even more incentive to cover it up pre-2016 elex.

#trump #trumptrial

Stoneface Vimes May 28, 2024

@Nonilex you know, much as I'm a lifelong and firm believer in the court and jury system, there are times and cases when I long for the good old days of pitchforks, flaming torches and ordeal by fire.