#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.
#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.
#Blanche claims that #MichaelCohen fully fabricated an encounter that he had w/Pecker in which #Pecker expressed anger that he had not been repaid for 1 of the #HushMoney deals. “Ladies & gentlemen, that lunch did not happen,” Blanche said. “Cohen made it up.”
Blanche doesn’t provide any #evidence Cohen made it up. Instead, Blanche reminds jurors that they should pay close attention to documentary evidence in assessing Cohen’s testimony.
Blanche mocks #MichaelCohen's suggestion that there would have been essentially a duffle bag of cash that was used to make the #HushMoney payment, & says Cohen made it up. Perspective: #Trump was once paid a portion of a lease for a parking garage in gold bricks.
Defense's closing argument has now been going for >2 hrs. Blanche attacks Cohen, but he’s not focused on the docs at issue, or Trump’s role in creating them. Instead, he’s all over the place.
Blanche lays the groundwork for his most important attack on Cohen, saying he is the only witness who testified that Trump knew everything about the hush-money payment to Stormy Daniels.
In closing arguments Tues, Trump’s lawyers are expected to cast #AllenWeisselberg as the prosecution’s missing piece, an elusive central player…. They will likely try to argue to the #jury that the case depends on #MichaelCohen, whose testimony provided the only evidence that #Trump had direct knowledge of the plot to disguise the #HushMoney reimbursement as #legal fees
Heading into what may be the final week of the #TrumpTrial, here are links to my threads for each day of coverage starting w/opening statements & then testimony (excludes jury selection)
"In comes Trump's entourage, with his legal adviser Boris Epshteyn, who’s been indicted in the Arizona fake electors case, doing seating assignments. Sebastian Gorka, Trump’s former White House adviser, walks in with a silver case bearing what appears to be a presidential seal." -Maggie Haberman, NYT
Yesterday, Costello behaved so atrociously on the witness stand that Juan Merchan cleared the courtroom to admonish him & the defense attorneys. Costello is due back on the stand
Defense tried to muddy that story on cross -examination of Cohen. But by calling Costello, they have given prosecutors opportunity to reinforce the story, & emails shown yesterday & this morning suggest that they have ample evidence to support.
#Trump has a huge posse today, including #KashPatel; #GerryKassar, a #conservative party leader in NY; #BernieKerik, fmr NYPD commissioner who was imprisoned for tax fraud & false statements; #AlanDershowitz, lawyer who defended Trump during his first impeachment, & #BorisEpshteyn, legal adviser who was #indicted in AZ for attempts to keep Trump in power after the 2020 election.
Acc/to the transcript, #Trump defense lawyers earlier today, told Judge #Merchan that they were considering calling 3 witnesses: #RobertCostello, the lawyer go-between for Trump & #MichaelCohen; Bradley Smith, an expert in #ElectionLaw; & a paralegal, to put in a piece of evidence. Todd #Blanche told the judge that Costello’s potential appearance would depend on how the morning’s testimony went.
Justice #Merchan returns from lunch w/a ruling on the evidentiary issue raised before the break, involving stills from a video that show #Trump w/ his bodyguard #KeithSchiller on the evening of 24 Oct 2016.
Defense sought to cast doubt on #MichaelCohen’s account of talking to Trump on Schiller’s phone that day.
Merchan says he will NOT allow in video stills that show Schiller w/Trump.
#Steinglass is obviously frustrated w/Justice #Merchan’s ruling, saying he doesn’t understand why they have to jump through so many hoops just to show that #KeithSchiller & #Trump were together that night. He asks to bring the #CSPAN witness in again. Merchan asks Trump atty #Blanche if he objects to the prosecutors bringing in the CSPAN witness after the defense rests. Blanche does protest.
Justice #Merchan suggests adjourning until tomorrow so prosecution can bring the #CSPAN witness back on video stills #evidence.
Defense: "That's not the way a trial is supposed to work..."
Prosecution says CSPAN will make the witness — #RobertBrowning, who is executive director of archives at the network — available to testify at 9:30 AM tomorrow.
#Blanche objects to the decision by the judge that will interrupt his cross-examination of #MichaelCohen. #Steinglass says that the witness will be very quick.
Justice #Merchan points out that the #TrumpTrial has already been delayed, given that closing statements will be next week. He gives Blanche the option to decide when the witness can appear.
Prosecutors play the recording of #MichaelCohen talking to #KeithDavidson, who was #StormyDaniels's lawyer, but are playing more of it than before. It corroborates much of what Cohen’s testimony about the #HushMoney payment, including that he cared about #Trump & that he would not “play pennywise, pound foolish” w/his then-boss.
#Blanche, who now has to contend w/the visual #evidence of #Trump w/his bodyguard, #KeithSchiller, on 24 Oct 2016, tries to address it directly. He asks Cohen to again confirm that he told Trump that day that he had arranged to pay #StormyDaniels the #HushMoney.
Cohen says once more that he spoke to both Schiller & Trump.
Hoffinger gets under Costello’s skin quickly. “The email speaks for itself,” he keeps saying when asked about an email exchange between his law partner & Cohen.
Costello is now scolding Hoffinger for getting his past title wrong. (This guy is a shit show)
The judge tells the jurors that we will stop for the day, & begins to excuse them.
Susan #Hoffinger asks that #RobertCostello be reminded that he is not meant to interact w/either party while still on the stand. But Justice #Merchan says he doesn’t normally give that instruction & allows Costello to step down. Hoffinger says she has ~45 mins of questions left for Costello.
Justice Merchan asks whether #Blanche wants him to rip the case away from the #jury & decide it himself. Blanche agrees that this is what the defense wants (not bloody likely — #Trump has repeatedly claimed Merchan is out to get him).
“You said that his lies were irrefutable but you think he’s going to fool 12 New Yorkers into believing this lie?” #Merchan says referring to #MichaelCohen.