Justice Merchan: Juror 9 has told us 👉🏼they are concerned about media attention. I suggested we speak with them in my chambers, I'm sorry, I mean my robing room. And suggest that not all of you come in.
[At the defense table, Trump is sitting alone - Blanche, Emile Bove and Susan Necheles have gone into Justice Merchan's robing room, with prosecutors and Juror 9]
Colangelo says prosecution opening will take about 40 minutes. Blanche says he'll take about 25 mins. Court will end at 12:30 ET today to accommodate a juror who has an appointment.
Re. Michael Cohen's testimony, Judge Merchan has drafted a limiting instruction to be read to the jury. Neither party objects to it.
Judge Merchan then addressed the defense's renewed objection from last week regarding the introduction of the Access Hollywood transcript. He rules that he will not revisit the issue so the transcript will still be allowed to be used.
As Merchan is reading the list of prior findings that prosecutors can use to cross-examine Trump if he testifies, Trump is intermittently shaking his head.
Now, Judge Merchan announces his ruling from the bench on the People's Sandoval Notice:
If Trump takes the stand the people can inquire about the following six determinations, in four separate proceedings: -Feb 16, 2024 he violated the law by fraudulently misstating the value of his assets -Oct 28, 2022 he failed to remove an untrue personally identifying post about law clerk and was fined $5000
-Oct 21, 2023 he intentionally violated court order by continually attacking court clerk & fine was $10,000 -Carroll v Trump the defendant defamed E. Jean Carroll by making false statements -Carroll v Trump II the defendant made false statements about Carroll with actual malice -NYAG v Trump Donald J Trump Foundation engaged in repeated and willful self dealing transactions
Keep in mind, though, that Trump (if he testifies, which I'm guessing he won't and blames on the "judge's terrible, unfair rulings allowing the prosecutors to attack him unfairly") could easily open the door to this issue. All he would have to say is that the jury didn't find he "raped" Carroll. And because he has never been able to keep his mouth shut and doesn't understand the meaning of "discretion" I don't think he can help himself.
NFL. The judge is being careful. The goal here is to make sure that the judgement sticks and not fail on appeal because it was deemed unfair. Let's hold off on doomerism and accusations that "he always gets away with it", and stuff like that. Let the process play out.
Merchan explains the life cycle of a case: Opening statements, presentation of evidence, and closing arguments or "summations." He explains that the parties are not permitted to comment on or make argument about the evidence & witness testimony until closing arguments.
The jurors are advised that they can take notes, if they so choose. The notes cannot be a distraction, though, for them during the trial. The notes are to refresh their recollection and are for that juror's own personal use.
Prosecutor: The scheme began. The Defendant met with David Pecker, with Michael Cohen there. They conspired to conceal negative information about Mr. Trump. Michael Cohen paid $130,000 to Stormy Daniels to silence her
The Defendant claimed the payments to Michael Cohen were for legal services. That was a lie. The Defendant falsified 34 business records. He was indicted. Falsified were invoices, voucher entries and payment checks with check stubs
As "one part" of the agreement, Michael Cohen paid Stormy Daniels $130,000 to "silence her and to make sure the public did not learn about a sexual encounter with the defendant."
Colangelo pivots to the Trump Tower meeting with Trump, Cohen, and David Pecker, the CEO of AMI, the National Enquirer's parent company.
Soon after Trump announced his run for President, he asked David Pecker—the CEO of AMI, the parent company of the National Enquirer—to meet with him. Also at the meeting was attorney Michael Cohen.
Cohen, Pecker, Trump, “struck an agreement" at that meeting, the prosecution says.
They agreed that Pecker would help campaign by acting as the "eyes and ears" of the Trump campaign to gather info harmful to Trump, which would then be reported to Cohen.
When AMI determined later that Mr. Sajudin's allegations weren't even true, Cohen instructed Pecker to delay releasing him from the non-disclosure agreement until after the 2016 election, the prosecutor tells the jury.
Next up: Karen McDougal.
McDougal said that she had a romantic and sexual relationship with Trump, while he was married, that lasted for roughly a year.
"The evidence will show that the defendant desperately did not want this information about Karen McDougal to become public" because he was concerned about how it would affect the election, Colangelo says.
"The evidence will show that the defendant desperately did not want this information about Karen McDougal to become public" because he was concerned about how it would affect the election, Colangelo says.
"You will see the flurry of text messages, the barrage of phone calls" about the desire to silence Karen McDougal's story.
David Pecker is reportedly set to be the first witness, and the prosecutor promises the jury that they will hear him testify.
Prosecutor: Howard told Cohen he thought the allegations were true. They all discussed it. Pecker agreed AMI would pay $150,000 for the story. AMI added other terms, Ms. McDougal would appear on the cover. But it was hush money
👉🏼You will hear David Pecker testify about his conversations with Donald Trump about McDougal. But Trump didn't pay, and Pecker was frustrated. Cohen recorded a conversation with Donald Trump. You will here it. Cohen spoke with Allen Weiselberg
Prosecutor: 👉🏼You will hear the Defendant say, in his own voice, that they should pay in cash. Instead they paid as so-called advisory services. Pecker consulted with AMI's general counsel, then said AMI would eat the cost.
A month before the election, the Washington Post published a video that turned the campaign upside down - on a hot mic on Access Hollywood. The Washington Post reporter emailed Hope Hicks with a transcript of 👉🏼Donald Trump bragging about sexual assaults
Prosecutor: Trump said, Grab them by the p*ssy, you can do anything. Allies withdrew their endorsements. The Republican National Committee considered replacing him a month before election day.
[At defense table, Trump whispers to his lawyer Blanche
1 day after the Access Hollywood tape was published, AMI told Michael Cohen that Storm Daniels' lawyer Keith Davidson had another story about sexual infidelity, with a porn star. At Trump's direction, Cohen arranged to buy the story
Prosecutor: It was elections fraud, pure and simple. Trump was concerned. On Election Night, Keith Davidson texted the National Enquirer's Dylan Howard and asked, 👉🏼What have we done?
Prosecutor: 👉🏼The Defendant invited Pecker to the White House, to thank you.
In January 2017, before the Defendant moved to DC, Cohen met with Allen Weiselberg, the CFO. They couldn't admit it was porn star payoff - Weiselberg asked for a bank statement
Prosecutor: So they purported to pay under a retainer agreement that didn't exist. In February 2017 Cohen went down to DC; they confirmed the plan. Then Cohen sent a fake invoice, and got a check. 👉🏼He did it 11 times
Klasfeld:
Colangelo:
The Trump Org was "not in the practice of paying twice what they owed for anything."
👉🏼That system "shows just how important it was" to Trump to "hide Mr. Cohen's illegal payment" to Daniels and the "overall election conspiracy" that they launched
👉🏼THIS: Colangelo says Trump Org couldn't cut Cohen a check with the memo line reading: "Reimbursement for porn star payoff."
“So they agreed to cook the books” and made it look like the reimbursement to Cohen was actually income for services rendered.
Cohen submitted fake invoices for reimbursement. Trump's accounting staff at Trump Tower processed every one of those fake invoices and recorded them in their ledgers falsely as legal services payments.
Note, we've known this since 2018. It may be one of several reasons why Cohen didn't get the pardon deal that Stone and Manafort got. (Stone kept a similar CYA file -- written notes of his calls with Trump in 2016; it's not clear that prosecutors ever got them.)
Klasfeld:
Colangelo says Cohen taped a phone call about silencing McDougal's account:
"You will get a chance to hear that recording during this trial."
Prosecutor: They doubled it, for Cohen to pay taxes on it. They added another $60,000 as a year end bonus. Allen Weiselberg wrote it all down; Trump approved it. You will see that Donald Trump was frugal - but not in this case. This might be the only time
So they purported to pay under a retainer agreement that didn't exist. In February 2017 Cohen went down to DC; they confirmed the plan. Then Cohen sent a fake invoice, and got a check. He did it 11 times.
Prosecutor: When it became public, Michael Cohen lied. He has a criminal record. Cohen will testify that he pled guilty and went to jail, for the Karen McDougal payoff, and Storm Daniels. Also tax fraud and laying to a bank and Congress
Cohen's testimony is backed up w other witnesses: David Pecker and Keith Davidson. We have records and will show them to you, sometimes at length. This is about a criminal conspiracy and a cover up. 👉🏼We are confident you will have no reasonable doubt
The Trump Org was "not in the practice of paying twice what they owed for anything."
That system "shows just how important it was" to Trump to "hide Mr. Cohen's illegal payment" to Daniels and the "overall election conspiracy" that they launched.
The first couple of check came from the Donald J. Trump Revocable Trust.
Colangelo notes that the rest came from Trump's personal bank account.
"As you consider all of the evidence the People will present, we ask you to use your common sense."
👉🏼👉🏼He advises them: "Tune out the irrelevant sideshows."
Colangelo:
"Tune out the noise. Focus on the facts. Focus on the logical inferences that follow from those facts. Follow the evidence. Listen to the testimony."👈🏼👈🏼
Trump's attorney Todd Blanche begins his first lines:
😂🤦🏻♀️"President Trump is innocent. President Trump did not commit any crimes. The Manhattan District Attorney's office should never have brought this case."
Blanche notes that Trump is presumed to be innocent and emphasizes what that legal concept means until a jury holds otherwise.
Blanche says he will call him "President Trump" in respect to the office that he held—but adds he's also a 👉🏼man, a husband, a father and a person. [👈🏼Me: Is that from Trump’s cognitive test?]
"The story you just heard, you will learn, is not true."
By the end of the trial there will be plenty of reasonable doubt.
After becoming president in 2017, Trump put up a "wall" between himself and his company, Blanche says.
Blanche adds that this led to the formation of the trust.
Blanche: The evidence in the trial is from years ago, pre-COVID. Witnesses will talk about 2015. The story you just heard is not true. At the end of this trial there will be plenty of reasonable doubt.
You will learn President Trump is successful😆
After President Trump took office, Cohen became his personal attorney - and he billed $35,000 a month. The invoice was processed and was paid. 9 of the checks made their way down to the White House. He's the only signatory on his account
@GottaLaff
"The 34 counts, ladies and gentleman, are really just 34 pieces of paper." Also, have you ever really looked at your hands? Did I just say that? Is anything real? What if we're really just brains in a vat? How could you convict him THEN, you brains-in-a-vat?
Blanche says that the prosecution explained "accomplice liability" during jury selection to get around what he describes as his client's lack of knowledge or intent.
"I have a spoiler alert. There's nothing wrong with trying to influence an election. It's called democracy."🤦🏻♀️😳
"Entering into a nondisclosure agreement is perfectly legal."
Blanche calls Cohen a criminal, emphasizing the guilty pleas unrelated to Trump, like bank to a bank and tax fraud.
"He rants and he raves about Pres Trump. He criticizes President Trump. He talks extensively about his desire to see President Trump go to prison. He has talked extensively about his desire to see President Trump's family go to prison."
And just like you and me, he paid 6 figures to hide a very very brief fuck with a porn star from his pregnant wife.
erica orden:
Blanche continued: “He’s not just our former president...he’s also a man, he’s a husband, he’s a father. He’s a person, just like you and just like me.” As he spoke, Trump turned his body slightly in the direction of the jury box, the first time he has done so today.
Trump's lawyer Blanche: You will hear that Mr. Cohen raised his right hand and then lied - then admitted that, plead guilty to lying under oath. Cohen is obsessed with President Trump.
@GottaLaff If I were Trump's lawyer, I'd consider a very different strategy: CONCEDING the falsified records (a misdemeanor that probably wouldn't result in jail time), but arguing that the intent wasn't to affect the election (which Trump didn't actually expect to win anyway), but to protect his public reputation for business purposes (because at that point his money came not from real estate developing, but from licensing his valuable name to others).
Without the "election fraud" hook, what's the underlying crime that makes this a felony? Tax fraud wasn't the purpose of this arrangement, and it actually increased the taxes paid.
Conceding major parts of the opponent's case can be a POWERFUL tool in front of juries, because it buys lots of credibility, de-fangs the other side's strongest arguments, throws the other lawyers off their stride, may keep many of their witnesses off the stand, and focuses the jury on the weakest parts of the prosecution's case. When I was still trying cases, I did it a lot. It worked so well, it felt like a superpower.
@GottaLaff
Trump could have just had Stormy join him and Melania and saved almost 9.years of grief and 130k.
Melania was known for girl on girl porn.
🤔
@GottaLaff
This is a weak argument. Cohen worked for him for 10 years...and went to prison for him. And he's not going to get on the stand and sound like someone with a personal vendetta. He's just going to say what he did and why he did it. He's got nothing to hide as he already did his time.
@zachvat@GottaLaff
I cannot for the life of me figure out what "NFL" might stand for. Looking it up is hopeless, since it appears that it can only mean National Football League and nothing else.
She's very busy monitoring multiple feed sources and posting them via her trial feed. She asked that we use that preface so she'd know that it's meant more as a comment than something we request she respond to.
@Threadbane I've posted for months, as have others, repeatedly, including today, that it means Not For Laffy. You just have to catch the right toot at the right time : ) @zachvat
@GottaLaff speaking of, would it not have been cool if Donnie had somehow gotten himself trapped on board one of those voyager spacecrafts before launch. My teen self recognized him as a piece of crap human even back then. I was honestly astounded that more folk did not hold that opinion of him. They use “never Trumper” as an insult. Never a sociopathic, narcissistic, piece of crap for president! That is no insult. More a sign of good sense.
@GottaLaff NFL: I wonder whether Cohen ever filed an amended tax return saying those payments weren't income and asking for a refund of overpaid income tax. :-)
Actually, US taxlaw isn't that peculiar in this aspect. Other countries have similar provisions. Why should criminal commercial activity be tax-free? OFC not. The criminal penalties come on top. 👍
In countries (e.g.those of the #EU) that have a value-added tax, the surcharge is even nicer (on top):
the gross turnover is divided by somwhere b/w 105-130%. The difference b/w the gross turnover and that value constitutes the VAT =100% additional tax. 😀 @msbellows@GottaLaff
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