Interestingly: Eric Trump has accompanied his father to court today. Perhaps Trump’s legal team heard all of the chatter about the appearance to the jury with no family members being present?…
Trump has walked into the courtroom, flanked by quite a crowd: his son Eric, half a dozen lawyers, Trump Org general counsel Alan Garten, and Secret Service agents.
Trump is in a dark blue suit, white shirt, red tie. He's got a tiny American flag pinned to his jacket lapel.
He turned around and is talking to his son, asking for "the papers." Eric turned and asked the people around him for the same thing.
@GottaLaff NFL
Trump got played by dragging Eric (who?) to Court. It damages whichever one is stupid enough to show up.
Don Jr cheated on his wife, so he can't come.
Melania refuses to be "like Hillary" "standing by her man".
Ivanka is laying low, bec Jared wants to survive Daddy.
Ah, yes. "The papers." A lawyer just walked into the courtroom with a thin stack of printouts in her hand. She walks up to Trump's table and hands them to the former president.
They appear to show his own recent Truth Social posts—the ones that might screw up his day.
Critics of Bragg's case have long ques whether alleged 2016 election-related conspiracy was a crime.
1st week of trial revealed Trump's accused co-conspirators feared criminal prosecution, as it happened.
As it became clear Trump would win, then-Enquirer editor in chief Dylan Howard sent a close relative a message saying the soon-to-be POTUS-elect may pardon him for "electoral fraud."
(Since Howard wasn't in court, jury couldn't see the message.)
9/ And before Trump went into the court room… via Ron Filipkowski:
After doing ZERO campaign events during the last SIX off days during the trial while holed up at his country clubs playing golf, Trump whines that the case prevents him from campaigning.
Wait, isn’t that the way he campaigns?
Doesn’t he pay outta pocket for three “rural” (Drumpf having grown up in a farm in rural Queens) #MAGA to spend the day with him, listening to their concerns, needs and conspiracy theories?
Justice Merchan: We finished jury selection quickly, so I think Mr. Trump can attend the graduation on May 17. June 3, not if the jury is deliberating... I will now rule on contempt. On the ten incidents, the people have met their burden on all but incident 1
In his written order holding Trump in contempt, a Manhattan judge warns the former president that higher fines or "an incarceratory punishment" could follow for further violations.
The prosecutor returns to the "Know Your Customer" form that Michael Cohen had to supply to open an account.
@GottaLaff
NFL
I notice in the written order, the judge expresses regret that he can't fine trump amounts that are more appropriate for his wealth. $150,000 was mentioned.
Rebecca Mangold, for the prosecution, starts by displaying paperwork Cohen filled out to open a First Republic bank account for Essentials LLC--a business that Cohen indicated was for real estate consulting purposes.
Prosecutor: Why did it take hours to open the account?
Farro: Michael Cohen is not our only customer. There are other things that take precedence.
Prosecutor: Did Mr. Cohen said it would be used to make a contribution on behalf of a political candidate?
Farro: No
Asked what would have happened if the bank knew the money would go to an adult film actress, Farro reiterates that First Republic Bank does not work "with that industry."
Farro explains what a home equity line of credit (HELOC) is — the kind that Michael Cohen used to obtain the money to funnel to Stormy Daniels' lawyer.
@GottaLaff NFL lol. Michael Cohen takes out a line of credit in his name AND HIS WIFE'S NAME. If he was using this to payoff a porn star to hide his own vulnerability to adultery, why would he spill the tea by having his wife sign for the $130,000 payoff line of credit?
Prosecutor: And on this document, who is Laura Cohen?
Farro: Michael Cohen's spouse.
Prosecutor: How many people had to approve this?
Farro: Two.
Prosecutor: What's this?
Farro: A wire authorization form, from Essential Consultants
On Oct. 26, 2016, the emails show, First Republic transferred $131,000 from Cohen’s HELOC account to the Essential Consultants LLC account. The next day, Cohen filled out a wire authorization form to transfer $130,000 to an account held by Stormy Daniels’ lawyer, Keith Davidson.
The wire transfer form prompted Cohen to indicate the purpose of the transfer. Cohen wrote “retainer” in response to that question--as if the funds were being paid to retain an attorney for services, not to pay an adult film star for a media story.
Prosecutors and Trump's defense team are reviewing texts from ex-National Enquirer editor-in-chief Dylan Howard and whether they should redact one saying "there is shady shit going on."
It was from Oct. 19, 2016 — in the midst of negotiations over the Stormy Daniels deal. Daniels' publicist Gina Rodriguez, believing there were delays with Daniels' payment, texted Howard, "There is some shady shit going on."
Prosecutors are playing for the jury different videos of Trump's rallies wherein he claims that the allegations against him by various women are lies and "fabrications."
Prosecutors also play a clip wherein Trump says: "Michael Cohen is a very talented lawyer."
34/ I'm back. A few catch-up posts from Phang, but I'm behind so this will suffice:
Katie's Sidebar:
There are an unusual number of Records Custodians being called by the prosecution this morning. Why? Well, it's reasonable to assume that Trump's defense team refused to stipulate to the admissibility of certain items of evidence, like the C-Span videos or Trump's deposition transcript from the Carroll case.
Normally, for evidence like this, both sides stipulate to the admissibility to avoid having to waste the jury's time having to call Records Custodians, who will 99% of the time be able to authenticate these records to get them admitted into evidence.
(sorry... from a few mins ago: )
The prosecution is playing excerpts from Trump's videotaped deposition (like Robbie Kaplan, who is E. Jean's lawyer, asking questions of Trump), and reading portions of his deposition testimony aloud to the jury.
Davidson testifies that between 2015-2017, he regularly worked on Non-Disclosure Agreements (NDAs) and that on occasion, the subjects of those NDAs were the subjects of tabloid coverage.
*Davidson was given immunity through his grand jury testimony but he clarifies that he did not ask for it.
IMO, Trump's team gambled & lost if they thought prosec wasn't going to be able to get these folks here from places like Indiana (C-Span gentleman) and Texas (the Esquire gentleman) to get these pieces of evidence admitted into the record.
Never underestimate the power of the prosecution...and a subpoena.
&, obviously, Trump doesn't want prosec to be able to get these exhibits into evidence b/c once they're in, the jury can read, listen, and look at the evidence.
40/ Anna Bower (all caught up now, but I omitted some dry testimony):
Davidson would call Howard on occasion if any of his clients ended up in the tabloids. Davidson says he “rarely” negotiated for the sale of client stories to the tabloids. Davidson and Howard spoke “often” and he’s still in touch with him “somewhat.”
As for Davidson's relationship with Michael Cohen? Davidson first met Cohen in 2011, when a blog published an article about one of his clients and Donald Trump.
As a result, Davidson met Cohen. The client in question, Davidson says, was Stephanie Clifford (AKA Stormy Daniels).
Davidson knew Dylan Howard for about 10 yrs as “professional acquaintances and friends."
On occasion his clients would end up in tabloids and the tabloids would call him for comment.
Prosecutor: “Did you ever at your client’s request negotiate the sale of certain stories?” Davidson: “Rarely.”
Davidson rarely interacted with David Pecker. He says maybe 3-4 times in his life.
Davidson: “In approximately 2011, there was an article that was published in a blog that involved my client and Donald Trump. And I had the occasion to have a conversation with Michael Cohen related to that blog posting.”
The client? It was Stephanie Clifford, also known as Stormy Daniels.
Prosecutor: Look at your retainer. What does this mean?
Davidson: There were exclusive arrangements with media outlets, in exchange for money.
Prosecutor: Did you inform Ms. McDougal that you could negotiate for her?
Davidson: I won't discuss our communications
Prosecutor: Let's look at your text messages with Dylan Howard. Expand them. What did this mean?
Davidson: That he would get more for this story than anyone. David Pecker published Trump Magazine AMI had implied they had endorsed Mr. Trump's candidacy
The retainer agreement with McDougal stated: “Client is hiring Attorney to represent Client in the matter of Client’s claims against Donald Trump and or assisting client in negotiating a confidentiality agreement and/or life rights related to interactions with Donald Trump and/or negotiating assignment of exclusive press opportunities regarding same.”
Prosecutor: Did you arrange a meeting between Ms. McDougal and Dylan Howard?
Davidson: Yes. Johnny Crawford was also there. He's a friend of Karen's, a police officer from Arizona. We discussed the personal interaction of Ms. McDougal with Donald Trump
On June 20, 2016, Howard went to Davidson's office for a meeting, where McDougal alleged she had an affair with Trump.
The meeting is memorialized in the text exchange.
Davidson testifies that Howard told him he would have to "run it up the flagpole," which he says he knew meant David Pecker, as the only more senior figure at AMI.
Prosecutor: Since this was in front of others, what did Ms. McDougal say?
Davidson: That she had a romantic affair of several weeks or months with Donald Trump some years ago.
Prosecutor: What was the purpose of meeting?
Davidson: It was sort of a proffer session
NBC News: Trump appears to have fallen asleep while listening to testimony — at times appearing to stir and then falling back to sleep.
Trump's eyes were closed for extended periods and his head has at times jerked in a way consistent with sleeping.
Davidson: Dylan said he would go back to New York and run it up the flagpole.
Prosecutor: Who?
Davidson: Pecker. But they did not buy it right away. They said Karen McDougal did not have enough documentary evidence
Klasfeld:
Davidson to Howard: "It's a story [t]hat should be..."
He says that refers to his client McDougal's story, and Howard replied: "I agree."
Davidson: I said, "Don't forget Michael Cohen... The girl is being cornered by the estrogen mafia"
Prosecutor: What did you mean?
Davidson: It was a regrettable text I sent. There were several women leaning on Karen to sign the deal with ABC
Prosecutor: How did Dylan Howard reply?
Davidson: That they would have an offer for us by Monday. They he said, Get me an offer, all in, perhaps a fitness component. She wanted to rejuvenate her career. She wanted to avoid the scarlet letter, being the other woman
Davidson: Then Dylan said, We are going to lay it on thick for her. Karen was teetering between National Enquirer versus ABC. I said, "Throw in an ambassadorship for me. I'm thinking, the Isle of Man." It was sort of a jest.
Prosecutor: Why was that funny?
Davidson: Well, I don't think that the Isle of Man is even a country. So no ambassador there. It was a reference to Donald Trump, that if this help him and he won, there would be jobs
Prosecutor: What did Dylan Howard write?
Davidson: She'll get more than from ABC
I suspect the short-term jailing will more likely commence when Trump fails to remove all of the ordered messages, and offers up some BS justification for it.
He's the type to think that paying the fine allows him to push back on complying with the judge's orders. Whereas out there in the real world, it's the most direct way for him to end up in a cell.
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