The trial is scheduled to last until the end of Dec but is expected to end sooner.
Trump arrived in the courtroom & strode past AG #LetitiaJames, seated in the first row, w/o making eye contact & immediately took a seat at the defense table.
While pool photographers took his picture at the defense table, looking solemn, in camera-ready way, Judge #Engoron looked amused.
Pool photographers were allowed in the #court room for a few minutes to take #Trump’s photo. Reporter Susanne Craig (whose Pulitzer winning NYT articles exposed the extent of Trump’s #tax#fraud) is in the overflow room of the courthouse watching a live feed, which has a camera trained on Trump & his legal team. As soon as the cameras were in front of Trump, he clenched his jaw & cocked his head up & to the side. His face looked like the mug shot that resulted after his arrest in Atlanta.
The #trial has officially begun. #Engoron has read the case’s name & index number. The presence of #Trump seems to be having little effect on the judge’s bearing. He says that he will begin by making his own opening statement, but that from here on, he’ll try to say only “sustained,” “overruled” or “let’s take a 10 minute break.”
Kevin Wallace, a #lawyer for the AG, will deliver his side’s opening . Wallace has led the AG’s case from the beginning & has been the central lawyer at most of these proceedings, often clashing w/lawyers for #Trump.
Wallace, answers the question that everyone has asked since #Engoron ruled Trump #liable for #fraud: What remains for the AG’s office to prove? His team, he says, “will establish that the defendants engaged in repeated, persistent #illegal acts in the conduct of business.”
Before the proceedings began, a group of #demonstrators gathered outside the courthouse, carrying signs that read “No one is above the #law” & chanting, “#Trump#lies all the time.”
“We are here to uphold #democracy & make sure that it works,” said Jamie Bauer, 64.
Jonah Bromwich NYT:
As I write these posts about “generally accepted accounting principles” & “materiality” it occurs to me that this opening statement is already deep in the #legal & #financial weeds where most of this #trial will take place. Were this a #jury trial, we might be getting a glossier, more exciting… opening statement. But perhaps because #Engoron is the arbiter of fact here, #Wallace seems to feel no qualms about a far more detailed, less flashy presentation.
Wallace, #lawyer for the AG has a PowerPoint presentation going through its case, which Donald #Trump can see on a monitor in front of him.
The presentation played a portion of Trump son Eric’s videotaped #deposition from March 7, in which he told investigators he doesn’t remember signing any statements of #financial condition.
"Exacerbating defendants' obstreperous conduct is their continued reliance on bogus arguments, in papers & oral argument... That is a fantasy world, not the real world."
JUDGE ARTHUR #ENGORON #NY Supreme Court; 1st Judicial District
🔥🔥🔥
Wallace, in explaining how he will need to prove that the #Trumps committed #conspiracy, plays a video of #MichaelCohen, Trump’s longtime fixer. #Cohen explains that #Trump wanted to be publicly understood as having a certain net worth, & that Cohen’s job, as well as that of the Trump Org's fmr CFO, #AllenWeisselberg, was to reverse engineer the value of each of Trump’s assets to arrive at that number.
Cohen’s testimony at a congressional hearing spurred James to open the investigation. #Cohen is also a key #witness in 1 of Trump’s #criminal cases. #Trump stared intently at the screen while the Cohen video played. Arms folded, shaking his head.
As James's case proceeded from investigative to #lawsuit, the public focused on particular assets’ inflated values. Wallace argued, to advance his case regarding the #conspiracy, the #assets were vehicles by which Trump burnished his overall net worth.
Wallace explained how the #financial statements were used. He tells a story of #Trump meeting w/a potential #lender, & the company sending an email afterward w/the statement attached & a note: “Hope you will be impressed.”
Wallace has moved on to why the #defendants concocted this #conspiracy. He argues that beyond just a place on the #ForbesBillionaireList, the defendants knew a high net worth was necessary to maintain #financial benefits, such as securing a #loan at a lower rate.
#Wallace, the attorney general's lawyer, is noting that the defendants received remarkably #favorable#InterestRates on the #loans for which they used the statements, & that they gained more than $250 million. The attorney general is asking the court to assess #Trump a penalty of that amount.
Wallace concludes, saying that while it may be one thing to exaggerate for #Forbes Magazine & a #television audience, “you cannot do it while conducting #business in the State of #NewYork.”
Christopher #Kise delivered the opening statement for #Trump. Kise had not really engaged directly w/the arguments about the specific #valuations made by the AG’s office.
As Kise began his opening statement, Trump appeared bored, yawning & fidgeting in his seat
Kise did not diverge from the party line, or his previous, unsuccessful arguments, at least so far.
#Kise used a slideshow. The first item noted that #Trump made “many billions of dollars being right about real estate investments” & the second stated that Trump’s is one of the most successful & highly recognized brands in the world.
Kise attacked #MichaelCohen as a serial liar, & says that the govt’s case hinges on him.
Kise didn’t provide any #evidence to support the claim that “Trump made billions in real estate” & didn’t mention the hundreds of millions #Trump#inherited from his father, Fred C. Trump, or the fortune he made from "#TheApprentice" #television show.
The argument by #Kise was very close to a reprise of his statements last month, which #Engoron treated harshly when he granted the AG #SummaryJudgment & found #Trump#liable. Maybe Kise thinks that these arguments will be more successful w/the remaining causes of action — but just as likely, he’s already thinking about a future #appeal while straining to please his most important client.
#Kise argued that the defendants didn’t mean to #defraud anyone w/disparate property valuations (irrelevant). He calls this the essence of the commercial real estate marketplace, saying “buyers have a view, sellers have a view, none of them are wrong.”
“Everyone has a different opinion as to valuation,” Kise said, summarizing his case after spending a long time explaining that #DeutscheBank, one of the #lenders, did its own due diligence & came up w/ another set of values for certain properties.
“President Trump did not make any false statements,” Kise read from a slide. He said that the AG’s estimates are speculative, which matters as they would determine the size of any #penalty#Trump would pay.
Kise made a potentially important distinction: He said the banks set the #loan terms based on their own due diligence, rather than the statements of #financial condition.
He concluded his opening argument & said bluntly that he disagrees w/ 1 of the judge’s rulings, & plans to #appeal it.
#Kise previewed some of the people who defense lawyers intend to call to testify on #Trump’s behalf, incl’g several #ExpertWitnesses on #valuation methods & people involved in #loan decisions. These are just a few of the 127 witnesses who were included on their witness list submitted last week.
Witness list reads like a #TrumpFamily (& company) reunion.
After the break, #Trump lawyer #AlinaHabba made an opening statement. She said she was not expecting to speak today until she saw comments from the AG & Kevin Wallace, the lawyer who delivered the state's opening.
Habba has a sense of showmanship & her opening was combative, & meant to appeal primarily to #Trump, not necessarily the judge.
#Habba’s presentation is pure #politics. She attacked the #press corps, & called #Trump the “sitting president.” She didn’t diverge at all from the substance of #Kise’s arguments, but spoke far louder & as if she were addressing a jury, or a television camera.
“These #lenders made money. They made money,” she said. “They were not #defrauded.”
#Trump was very engaged as #Habba made her presentation. She said his golf course in Doral, FL, & Mar-a-Lago estate would both sell for more than $1 billion, repeating the #FalseValuations Trump listed on the docs he submitted to the banks.
Trump seemed pleased w/her presentation. He watched her intently, occasionally nodding in agreement.
“There was no intent to defraud, period, the end,” Habba says. She said that the AG is setting a dangerous precedent for #business owners in NY.
#Habba was done, but Judge #Engoron kept her at the lectern, saying he wanted to go over some of the things that she said. He corrected her, saying that she referred to Wallace’s opening statement as “testimony,” which is incorrect. He scolded her for bringing up James’s motivations, saying the issue has been dealt w/by an appeals court.
AG #LetitiaJames was still in the courtroom & appeared to be listening intently to Habba’s attacks on her & her case.
#Engoron corrected #Habba again — she referred incorrectly to his #SummaryJudgment order as a “motion.” And he reminded her that the financial statements were meant to reflect the #estimated current value of the properties AT THE TIME they were assembled. Habba said she won’t reveal her arguments to her “adversaries” right now, but that she is confident in them.
Habba promised to “bore everyone at this room at length for three months.”
“Eric Trump & Donald Trump Jr. are not walking away from the statements of #financial condition,” Robert said. But, he argued, evidence will show there was nothing materially wrong w/the statements.
Justice #Engoron asked whether it was his position that there were no #misstatements in the financial statements. Robert insisted that there were no “#material” misstatements.
#AlinaHabba & #CliffRobert have vastly different litigation styles than the lawyers from the AG’s office. Both are presenting their case as if they are speaking to an invisible jury. Robert, in particular, used repetitive hand movements & looked around the courtroom as he spoke.
This is going somewhat off the rails, as Chris #Kise told Justice #Engoron from his seat that Trump's lawyers disagreed w/his finding before the #trial that Trump committed #fraud. We’re seeing the influence of having this particular client in the courtroom — after bombastic presentations from #Habba & #Robert, Kise is being far more #confrontational w/the #judge.
#Trump appeared very frustrated w/Engoron, scoffing at one point & rolling his eyes as #Engoron actively debated w/his atty. At one point, he leaned over to #Kise & whispered something, prompting Kise to put a comforting hand on his back.
A #lawyer for the AG, #AndrewAmer, pointed out what was clear from early on:
#Arguments by Trump’s attys do not seem to have been affected by the judge’s #ruling last week. They are again making arguments that have been rejected, hoping for a better result if & when the case reaches an #appeals court.
Lunch break.
As he left the courtroom, #Trump glared at AG #LetitiaJames as he passed her. He was followed by #EricTrump, who addressed James & shook her hand.
Back in the courtroom, & #Trump is back at the defense table. It remains to be seen whether lawyers for the AG will bring Justice Engoron's attn to Trump’s comments saying he should be disbarred.
#Trial called back in session. Justice #Engoron starts by asking the #lawyers to the #bench for a quick sidebar (“or frontbar,” he quips.) Trump is sitting alone at the defense table, hunched over.
#Bender’s #testimony will take us in-depth into the #financial statements year over year. He will likely take up much of the rest of the afternoon. #Trump has settled in at the defense table to await his fmr accountant’s testimony.
Oh FFS; Before the first #witness#DonaldBender, could even begin testifying, one of Donald #Trump’s attorneys issued a preemptive #objection. Chris #Kise told Justice Arthur #Engoron that he objected to various parts of the #accountant’s #testimony & wanted to issue a “blanket objection” based on an #appellate ruling in June.
“As you know we won an appellate victory in June of this year,” #Kise said. “We make a blanket #objection to #testimony in that regard.”
#Trump & his #legal team have said repeatedly that they “won 80% of the trial,” because an appellate court intended to dismiss claims based on statutes of limitations. #Engoron has not dismissed any portion of the AG’s case, but the defense is suing him over what they say is an improper refusal to follow the #appellate court order. Engoron acknowledged the blanket #objection, & #Bender proceeded to #testify.
“Just outside the courtroom, Trump fired a fusillade of personal #attacks on Ms. James & the judge overseeing the case, Arthur F. Engoron, even suggesting that they were criminals.”
(attending) The trial enabled #Trump to bring the #campaign to the courthouse steps, where he can deliver impassioned (B.S.) defenses & pointed attacks….
(In the courtroom) Trump sat mostly silent at the defense table, arms crossed & scowling, while occasionally rolling his eyes at the judge & yawning during… the proceeding. But (outside the #court) he came out swinging — on his way in, he told reporters that AG #James was out to get him because he is performing so well in the polls.
Outside the courtroom #Trump said, “You ought to GO AFTER this attorney general,” an explicit call to others to join his #attacks on #James, while also calling Justice #Engoron a “rogue judge” who “should be out of office” & the case against him “a witch hunt.”
#Bender worked for #Mazars USA, the accounting firm that was at the center of a #SCOTUS#subpoena battle over #Trump’s #business & personal #tax returns which were obtained in 2021 by the #Manhattan DA for a separate #criminal investigation into the ex-president’s business operations.
While he was not technically in-house at the #TrumpOrganization, he did so much accounting work for the company & for its execs (including their personal tax returns) that he was in the #Trump Tower offices often.
@Nonilex Whenever he says something like "people say" or "people are saying" you know he's talking to his imaginary friend and no one is saying whatever he says they are saying.
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