#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.
The testimony of another witness on the defense's witness list — who seems unlikely to testify — was litigated extensively. But Justice #Merchan is now being asked to rule on the spot whether & how #RobertCostello can testify.
Not having time to consider such decisions could increase the chances that he will make an appealable mistake. The defense is putting a lot of pressure on the judge by introducing a witness who was not on their original witness list.
Justice #Merchan says he will take 5 mins to decide. “Don’t leave the courtroom,” he says, frustrated.
Merchan returns & tells #Trump defense atty Emil #Bove that he will give him some latitude to explore the pressure campaign that #MichaelCohen said #RobertCostello waged during the summer of 2018. But Merchan adds: “I’m not going to allow this to become a trial within the trial” of Michael Cohen.
Costello currently works at a law firm run by one of New York City’s most prominent lobbyists.
Costello describes #MichaelCohen as “absolutely manic” during their first meeting at the Loews Regency hotel on Park Ave in 2018, after his hotel room & office were searched by the FBI.
Costello testifies that Cohen told him then, w/ federal investigators breathing down his neck, that “my life is shattered.”
#RobertCostello testifies that #MichaelCohen then asked, “What's my escape route?” adding that he had told Cohen then that he could cooperate w/the govt.
“I swear to God, Bob, I don’t have anything on Donald Trump,” Costello recalls Cohen telling him. As prosecutors just pointed out — w/the #jury out of the room — Cohen testified that he lied to Costello at this point about the #StormyDaniels payment.
#RobertCostello shakes his head in apparent frustration w/ Justice #Merchan after Merchan sustains several objections by prosecutors. (Not a good look for jurors)
When Justice Merchan sustains yet another objection, he gets visibly irritated.
#Trump also shakes his head when the lawyers approach the bench for another sidebar.
He testifies that w/respect to #StormyDaniels, Cohen said “numerous times” that #Trump “knew nothing about those payments, that he did this on his own.”
Prosecutor #Hoffinger objects to many of Emil #Bove's questions, often being sustained by #Merchan.
Costello is ignoring the judge’s rulings, so Justice Merchan warned him directly to wait for a ruling before answering.
Before the press left, Justice #Merchan was lecturing #RobertCostello. “I want to discuss proper decorum in my courtroom, you don't give me side eye & you don't roll your eyes." he said. “If you don't like my ruling, you dont say 'jeez,' & you don’t say 'strike it,' because I’m the only one who can strike testimony in court.”
Court resumes, press is allowed back in, & the jurors are called back, totally unaware of the lecture & the clearing of the courtroom.
#RobertCostello again has an objection sustained while he is testifying & his answer is again stricken from the record. We are looking at an email he sent to #MichaelCohen in May 2018.
Asked if he ever pressured Cohen, Costello says no.
Costello testifies that he treated Cohen as a client & only had his interests at heart […yeah sure].
He says his obligation was to Cohen in the summer of 2018, & that he did not concern himself w/ #Trump’s interests at that time.
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)
Susan #Hoffinger is a former defense lawyer & therefore is comfortable w/ cross-examination unlike [#Blanche]. She grills #RobertCostello about what he told #MichaelCohen as he was seeking to provide #legal advice. She says that Costello extolled his famous clients in an email to Cohen.
Costello insists that it was his partner, Jeff Citron, who had the relationship w/Cohen, & he met w/him because his partner made the arrangement. “It was Jeff Citron’s client, not mine,” he says.
#RobertCostello pauses before he answers even the simplest questions from prosecutor #Hoffinger. She asks if #MichaelCohen, as the president’s lawyer, would have been a high-profile client for him. “Would it be a big win for you & your firm?” Hoffinger asks. “I would say no,” Costello responds. Hoffinger asks Costello if he would announce Cohen as a client on his website. Costello says he’s not sure what the firm would do.
#Hoffinger shows #RobertCostello an email he sent to his own son. The email says “I will be on the team,” & it quotes #MichaelCohen as saying that he would be “eternally grateful” to have him.
Costello told his son that he did not know when the announcement would be made. His son responded: "Wow. That’s big news. Congrats Dad. I hope this leads to a lot of good things coming your way.”
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.
Justice #Merchan says he will reserve his decision for tomorrow. We are done w/ another long #TrumpTrial day. Prosecution rested its case against #Trump, & the defense got through a significant portion of theirs. If things go acc/to schedule, the defense will rest tomorrow, & the jury will be excused for the rest of the week, returning after the holiday weekend to hear closing arguments.
#Trump in his insecurity, goes for the petulant power play:
No one can leave because he isn’t.
Trump, who loves having everyone's eyes on him, is talking to his lawyers. After a bit, his posse starts to leave.
Prosecutors try to as well, but are stopped by #SecretService.
The power dynamic is whack. Prosecution has the power to ask the judge to hold Trump in contempt & to ask jurors to convict him. But the #USSS has the power to stop prosecutors from leaving if deemed necessary.
“…a class ‘E’ #felony under NY #law carries a maximum 4-yr prison sentence for each count if convicted.
“#Trump could face over 100 yrs in prison if he were convicted of every charge…, but }legal experts suggest it’s unlikely he’ll face any prison time at all in this case as a first-time offender”
JUDGE MERCHAN: All right. Let the record reflect that it's now five after four. Let the record also reflect that the court officers had great difficulty clearing the courtroom, because the courtroom is made up primarily of the press. And I can appreciate that the press wants to be present for every part of these proceedings, therefore, this record is not sealed. The press will have access to this record.
“The fact that I had to clear the courtroom & that the court officers, including the Captain, had great difficulty clearing the courtroom, & that there was argument back & forth between the press & including counsel for the press, goes to why I had to clear the courtroom in the first place. And that is, sir, your conduct is contemptuous right now. I'm putting you on notice that your conduct is contemptuous.”